High Court ruling voiding Mindoro mining ban gains industry support

Insider spotlight:

  • SC ruling: Strikes down Occidental Mindoro’s mining moratorium
  • Industry response: COMP welcomes decision, cites policy stability
  • Legal basis: RA 7942 and Constitution affirmed over LGU ordinances
  • LGU impact: Palawan’s 50-year mining moratorium flagged
  • Sustainability: COMP commits to TSM standards beyond legal minimums

The Chamber of Mines of the Philippines (COMP) has expressed strong support for the Supreme Court’s decision to strike down a provincial mining moratorium in Occidental Mindoro, calling it a necessary clarification that local ordinances cannot supersede national laws governing mineral development.

In a statement on Friday, May 16, 2025, COMP described the high court’s ruling as a stabilizing measure that reinforces the legal foundation provided by Republic Act 7942, or the Philippine Mining Act of 1995.

“The decision establishes that any local government moratorium against mining contravenes [RA 7942] as well as the Constitution itself,” the industry group said.

COMP emphasized the importance of regulatory certainty for mining investors, saying the ruling would help bolster the country’s efforts to revitalize the sector.

“In addition to the need for a rational environmental and fiscal regime, the minerals development sector must be fueled by regulatory consistency,” the group said.

The Supreme Court’s decision comes amid concerns over a growing number of local government units (LGUs) enacting their own mining bans. According to COMP, such initiatives can impede broader efforts to promote sustainable development.

“Local mining bans stifle initiatives that promote sustainable development, which dictates a holistic approach encompassing not just environmental protection, but also inclusive social development and ethical governance,” it said.

The industry group noted that its members are bound by sustainable mining initiatives, which require continuous improvement in environmental, social, and governance performance beyond mere legal compliance.

Despite supporting the court’s position, COMP acknowledged the role of local governments in regulating mining activities within their jurisdictions, provided such measures do not contradict national policy.

“LGUs’ powers still emanate from Congress and, as such, ordinances should not go against congressional legislation or national policy,” it said.

COMP also called attention to a recent move by the provincial board of Palawan to impose a 50-year moratorium on new mining applications, saying the Supreme Court decision should serve as a warning to LGUs crafting similar measures.

“If the Philippines wants to be a predictable and consistent place for investments, government at all levels must take deliberate action… to ensure alignment of all LGU direction with national policies and laws,” COMP said.

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