Anti-mining advocates to press ahead with plea vs Mining Act

Former Chief Justice Reynato Puno. INQUIRER file photo

MANILA, Philippines—Anti-mining advocates on Monday brushed aside the call to the Supreme Court of former Chief Justice Reynato Puno and retired high court Associate Justice Vicente Mendoza to dismiss the petition that challenges anew the constitutionality of the Mining Act of 1995.

At a press conference Monday, petitioners said they are only asking the high court to nullify particular provision of the Mining Act of 1995.

Lawyer Grace Villanueva said they are asking the high court to declare as unconstitutional Sections 80 and 81 of Republic Act 7942 or the Mining Act of 1995.

The two former SC magistrates told the high court last week that the petition should be dismissed since the high tribunal already ruled on the constitutionality of the law in 2004, in the case of La Bugal-B’laan v. Ramos.

They said the La Bugal case took six years for the high court to deliberate on—still there is no material change in the circumstances of the Philippine mining industry.

“There is no compelling reason for the high tribunal to abandon its previous ruling,” they said as they insisted that the petition be dismissed pointing that an adverse ruling “not only undermines mining investments but also leads to a significant loss of investors’ confidence, not only in the mining industry but broadly across all industries, severely impacting the investment climate and harming the country’s credibility.”

Intervenors said the issue is for the executive and legislative branches to resolve, not with the Supreme Court.

Section 80 states that the total government share in a mineral production sharing agreement (MPSA) shall be the excise tax on mineral products while Section 81 specifies the government share in Financial or Technical Assistance Agreements or FTAAs.

Villanueva said there is also coordination with Congress for an alternative law on mining—the Alternative Minerals Management Bill which they hope would scrap the current Mining Act.

The high court on Tuesday will continue hearing the petitions against the Mining Act of 1995.

Former Akbayan Representative Risa Hontiveros, in her petition, asked the high court to declare as unconstitutional Sections 80 and 81 of Republic Act 7942 or the Mining Act.

Section 80 states that the total government share in a mineral production sharing agreement (MPSA) shall be the excise tax on mineral products while Section 81 specifies the government share in Financial or Technical Assistance Agreements or FTAAs.

The petitioners, aside from Hontiveros, also include Quezon Representative Lorenzo “Erin” Tanada III, Bayan Muna Rep. Teddy Casiño and several others, said both are unconstitutional because they foster inequitable sharing of wealth.

They said Section 80 for instance limits the share of the government in MPSA to excise taxes while Section 81 confines government shares to taxes, fees and royalties instead of allowing it to have full control over the exploration, development and utilization of mineral resources.