MANILA — The Supreme Court has ruled that the provincial government of Occidental Mindoro exceeded its powers when it passed ordinances completely banning large-scale mining in the province.

In a decision of the en banc dated January 14, 2025, the 25-year moratorium on large-scale mining of the province and the Municipality of Abra de Ilog was nullified because it violated Republic Act No. 7942 or The Philippine Mining Act of 1995.

The ruling stemmed from the case filed by Agusan Petroleum and Mineral
Corporation which argued that the ban violated its exclusive rights to mine
in Mamburao and Abra de llog under a government-approved Financial or Technical Assistance Agreement or FTAA.

Agusan pointed out that the law  already provides environmental safeguards which means that a total ban was unnecessary.

The Regional Trial Court had declared the ordinances void, which prompted the province to appeal before the Supreme Court.

The SC affirmed the RTC’s ruling and stated that large-scale mining and
exploration of mineral resources are legal under the Constitution and RA No. 7942.

“Local government units, in the exercise of their autonomy, cannot disregard Republic Act No. 7942 and completely ban altogether all large-scale mining activities within their jurisdiction,” the SC said in the decision penned by Senior Associate Justice Marvic Leonen.

The SC further emphasized that what the national legislature expressly allows, the local government units may not disallow by ordinance or resolution.

The SC also said that local government units must instead actively participate and coordinate with the Department of Environment and Natural Resources for the full enforcement of the law within their locality.

“In view of the above disquisitions, we find no reversible error in the Regional Trial Court's decision declaring invalid the assailed ordinances and resolutions,” the court said.