LGUs prohibiting open pit mining may face sanctions

MANILA, Philippines - The national government may initiate administrative cases against local executives who would insist on implementing ordinances prohibiting open pit mining in their respective areas, according to the Department of Justice (DOJ).

In a seven-page legal opinion signed by Secretary Leila de Lima last week, the DOJ supported the plan of the Department of the Interior and Local Government (DILG) to impose administrative sanctions on local government units (LGUs) that continue to prohibit open pit mining in violation of the Philippine Mining Act (PMA).

The DOJ said such ordinances and resolutions of LGUs have been declared void by the law, which means their implementation is tantamount to grave abuse of authority or grave misconduct.

“LGUs cannot arbitrarily hide under the cloak of ‘local autonomy’ or ‘presumption of validity of ordinance’ to circumvent the law or primordial compliance with the well-entrenched test of valid ordinance, long established by the Supreme Court in various cases,” it said.

Aside from filing administrative cases, the DILG has also proposed the issuance of a memorandum circular directing a review of questionable ordinances and the signing of a memorandum of agreement with the Office of the Ombudsman to address abuses of local officials invoking local autonomy to implement such invalid ordinances.

“Browsing through the remedial acts and/or administrative sanctions proposed to be issued by DILG, this Office has no objection thereto, as we see no constitutional, statutory or legal infirmities in such proposals,” the DOJ said.

“Moreover, this Office defers to you Office’s competence and expertise not only because it has primary jurisdiction over the matter but also possesses familiarity with the policy repercussions of the issues as well as logical recognition of the lawful exercise of an authority conferred to DILG by law,” it added.

The DOJ noted that under Administrative Order No. 267, the DILG has the “power of general supervision” over local governments to ensure that their officials perform their functions in accordance with the law.

Apart from administrative sanctions, the DOJ said the DILG may also file court petitions to seek the nullification of these ordinances.

“Clearly, matters involving question on the validity or constitutionality of a duly enacted ordinance may stand on its own and therefore remain valid until judicially declared as null and void. Thus, judicial declaration of nullity of ordinance is an available remedy,” the DOJ said.

It issued the legal opinion upon the request of DILG Legal Service Director III Jesus Doque IV after receiving questions over the implementation of the ordinances, which contain provisions banning open pit mining, an activity allowed under the PMA.

Among the cases cited in the request was the ban imposed by the South Cotabato provincial government on open pit mining, preventing Sagittarius Mines Inc. from starting its $5.9-billion copper-gold project in Tampakan town.