Thought you'd always be mine: Probing the constitutionality of the Mining Act

• Main Authors: Cruz, Ma. Alyssa Bianca K., Tan, Mayrell T.
• Format: text
• Language: English
• Published: Animo Repository 2014
• Subjects: Mining law > Philippines; Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/18291
• Institution: De La Salle University

This paper is a study about the constitutionality of Republic Act 7942 or the Philippine Mining Act of 1995. This was enacted in the year 1995 in order to help boost the country's economy through mining activities. Since its enactment, the statue has been plagued by queries regarding its constitutionaltiy from different sectors in the society. Through answering the question, whether or not it is in violation the constitutional provision Article III Sec 16 that protects the people's right for a balance and healthful ecology, it would also answer the question on its constitutionality. Different studies have shown that the Mining Act really does lack some provisions to truly protect the interest of the Filipino people. It raised questions regarding the different fiscal regime implemented, the protection over the people's right to their patrimony, the protection of our indigenous brothers and sisters and the protection of the environment. The environment which the different mining activities disturb are irreplaceable gems that are supposedly the inheritance to be passed on to the next generations. It is significant to their survival so it is the present generation's obligation to use natural resources appropriately without depleting it. Implemented laws are inadequate to support the present generation to achieve this obligation. There must be laws that truly consider procedures in protecting the environment and the different species living in it.