MGB to uphold mining laws despite LGUs ban

BAGUIO CITY — The central office of the Mines and Geosciences Bureau ordered its regional offices to uphold provisions of related mining laws amidst ordinances and resolutions issued by local government units imposing a moratorium on large-scale mining operations in their respective areas of jurisdiction.

In a memorandum circulated to the MGB offices nationwide, it cited the basis for such position such as Section 2, Article XII of the 1987 Philippine Constitution which provides that all mineral resources are owned by the State and that their exploration, development and utilization shall be under its full control and supervision.

Moreover, Section 8 of Republic Act 7942 or the New Philippine Mining Act provides that the Department of Environment and Natural Resources shall be the primary agency for the conservation, management, development and proper use of the State’s mineral resources while Section 9 of the same law mandates the MGB to have direct control in the administration and disposition of mineral lands and resources.

It also cited the Supreme Court ruling in 1994 in the case of Magtajas versus Price Properties which ruled that municipal governments as mere agents of the national government, cannot enact ordinances that contravene a statute. -- Dexter A. See