Decentralization of mining: Resolving the conflict between the national mining laws and policies and local government ordinances

• Main Author: Ramos, Jan Aldrin C.
• Format: text
• Language: English
• Published: Animo Repository 2014
• Subjects: Mining law > Philippines; Mines and mineral resources > Philippines
• Online Access: https://animorepository.dlsu.edu.ph/etd_honors/369
• Institution: De La Salle University

The Philippines promotes responsible exploration, development and utilization of its mineral resources as part of its national policy. 1) The policy is to enhance the economic growth while at the same time following the concept of sustainable development. 2) The country’s policy towards mining also adheres to justice and equity. 3) It also states that the mining industry should respect the Filipino culture and the Philippines’ sovereignty. 4) The mining industry has been empowered by the Philippine Mining Act of 1995 which led to different mining operations. However, various local government units have been banning specific mining methods in areas such as South Cotabato and Zamboanga Del Norte through ordinances under the General Welfare clause. In the case of Magtajas v. Pryce Properties5, the test of a valid ordinance is enumerated. It stated that an ordinance must not contravene a statute and must only regulate and not prohibit trade. A legal conflict has been created by this situation between the primacy of national law over local ordinances and the power granted to local governments to promote the welfare of their jurisdiction.