Laws that are made to be ignored or bent
This refers to the Feb. 21 editorial titled “Cover of darkness.” What is the national government doing about mining in the province of Cagayan? The Mining Industry Coordinating Council already recommended stopping mining activities in the country.
Admittedly, the country has huge debts, and revenues from mining look like they could free us from this burden. Meanwhile, the government is reportedly under pressure to generate more revenues to pay our foreign debt. On the other hand, it is said that the World Bank had a hand in the expansion and liberalization of our country’s mining industry, and even in the revision of the Philippine Mining Act of 1995.
True, most mining revenues and royalties go to the national government and local government units. But the damage mining does to the environment is too costly—in not a few times exacting life from the ranks of those who are against mining. And there’s the cleanup costs after the mining operations shall have ceased, which the government will shoulder.
Yet, laws have been enacted to protect the environment and our people, like the Philippine Mining Act of 1995 (RA 7942), the People’s Small-Scale Mining Act of 1991 (RA 7076), Presidential Decree No. 1899 (which establishes small-scale mining as a new dimension in mineral development), the Local Government Code of 1991 (RA 7160), the environment codes of the local government units, DENR Administrative Order No. 34 (issued July 14, 1992), etc. But then again, where investments are concerned or greediness is unchecked, these laws are too often treated as mere technicalities to be ignored or circumvented.
Take Section 2 (c) of RA 7160: “It is likewise the policy of the State to require all national agencies and offices to conduct periodic consultations with appropriate local government units, nongovernmental and people’s organizations, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions.” I suspect there have been instances when the Department of Environment and Natural Resources, including regulatory mining boards, defied the LGUs and openly supported the exploration of mineral resources by mining firms despite objections from LGUs—in direct contravention of other provisions of RA 7160 like Sections 26 and 27, which provide that it is the duty of national government agencies to safeguard and maintain ecological balance and to conduct prior consultation with the affected people.
There may have been prior consultations conducted in barangays covered by mining contracts. But more often than not, only a few people from the barangays attend these. Worse, proponents of the mining project provide little information about the project, especially on its adverse impact to the environment.
It is imperative that the advantages and disadvantages of the mining industry be spelled out so our people can make an informed judgment on mining. The social acceptability of every mining activity is indispensable. Mining laws may rule, but the people’s decision should reign supreme.
—REGINALD B. TAMAYO,
acting city council secretary,
Marikina City
