National govt to file cases vs. anti-mining local government units

Natl govt to file cases vs. anti-mining LGUs?


The national government would have to file administrative cases against local government units that created and implemented ordinances not in harmony with the Philippine Mining Act.

The was the understanding reached by government and large mining companies during a meeting between the Mines Industry Coordinating Council and the National Economic Development Authority in Mandaluyong City on Friday.

The meeting with large-scale miners was part of consultation for the draft implementing rules and regulations of Executive Order 79 or the Mining Policy.

The council also met with non-government organizations, socio-civic groups and small-scale miners for the final draft of EO 79’s implementing rules that President Benigno Aquino is supposed to approve on Tuesday, Sept. 11, 2012.

“The government will be the one to file. It is not the private entity that should be filing the cases, because what the local governments [are] doing, [is that, they are] disobeying a statute,” Mike Toledo, Philex Mining Corp. vice president for communications told reporters at the sidelines of the meeting.

Either the executive branch – “perhaps the Department of Justice, the solicitor-general or the Department of Interior and Local government” – would file the case, according to the Philex official.

Toledo noted that – in his opinion – it should be the Department of Interior and Local Government or the Justice Department that should file the cases against cities and municipalities that go against existing laws.

Some of the provinces that have passed resolutions deemed anti-mining include Romblon, Antique, Zamboanga Sibugay, Mindoro, Bohol, Zamboanga del Norte, Samar, Marinduque, South Cotabato , Bukidnon, La Union, Capiz and Negros Occidental.

Government is responsible for clarifying the issue, since there is a law that allows mining of natural resources, according to the Philex official.

“Now if you come up with a local ordinance going against that statute, then there is anarchy. So there must be compliance with the national law unless that law is amended,” he said.

The council will also meet with the Department of Finance on Monday, Sept. 10, on proposals covering revenue-sharing terms between the government and the mining sector.

According to the Mines and Geoscience Bureau, the revenue-sharing policy is critical in crafting a bill for legislation on a new fiscal regime that is deemed fair to both government and mining companies.

“… [O]ur final proposal to the MICC is to complete this ahead of the six months, so they can lift the moratorium,” said Artemio Disini, who heads the Chamber of Mines which consists mainly of large mining companies.

“We really want this resolved so that companies can move on… Those with pending applications may now hope that their requests will be acted upon,” Disini added. — VS, GMA News