something very relevant

I have just been looking at my files on other moratoria against mining, when I found this (below). If there is anyway I will ever get a TU on this forum for a useful pro-IRN post then this should do it.

It seems that the Supreme Court has already given opinion that LGU's must comply with the laws of Congress, therefore perhaps we can assume that Sth Cotabato could just be issued with a directive that they can't appeal. Very interesting. Plenty of cause for HOPE here - I should have looked earlier.

Apologies for formatting - it is cut and paste from PDF.



DoJ rules out moratorium on mining

The regional director of the Mines and Geosciences Bureau (MGB) in the Cagayan Valley region has
insisted that moratoriums on mining declared by provincial boards do not hold water because of a
Department of Justice (DOJ) opinion issued as early as 2005.
According to MGB regional director Jerrysal Mangaoang, DoJ Opinion No. 8, series of 2005, has
declared as invalid the mining ban being issued by local government units (LGUs) as this restricts
trade and economic progress which should be among LGUs’ prime goals.
Mr. Mangaoang issued the statement amid reports that several provinces in Cagayan Valley were
planning to declare moratoria on mining in their jurisdictions. He said the DoJ opinion established
that any moratorium against mining contravenes the Constitution itself.
According to the DOJ opinion, “the Supreme Court has held in their decision that for an ordinance to
be valid, it must conform to substantive requirements: It must not contravene the Constitution or
any statute; must not be unfair or oppressive; must not be partial or discriminatory; must not

Page 4
CONFIDENTIAL


prohibit but may regulate trade; must be consistent with public policy; and must not be
unreasonable."
The Supreme Court declared that while LGUs do have autonomy in running their affairs, their
powers still emanate from Congress. Thus, their ordinances should not go against congressional
legislation or national policy, which obviously, are sanctioned too by the Philippine president.
"It is a heresy to suggest that LGUs can undo the acts of Congress, from which they have derived
their powers in the first place, and negate—by mere ordinance—the mandate of the statute,"
according to the Supreme Court.
Justice Secretary Raul Gonzalez signed the opinion in 2005 after the provincial board of Capiz and
other LGUs in Mindoro, Eastern Samar, and Iloilo each issued their own moratorium on mining
within their jurisdiction.
"The national legislature is still the principal of LGUs which cannot defy its will or modify or violate it.
This freedom to exercise contrary views does not mean that LGUs may enact ordinances that go
against laws enacted by Congress such as the Philippine Mining Act of 1997 or Republic Act No.
7942," according to the DoJ opinion.
Nevertheless, a number of local government units appear prepared to challenge this ruling for their
own reasons.