PMEA Blog

Deluged with calls from local and foreign investors who have mining interest in the country, the Chamber of Mines raised an alarming bell to the Legislature to first find ways for all stakeholders to meet and find common ground “that will allay the fears and also afford the country the benefits for investments” as what President Aquino expressed in working out a compromise on the issue of open pit mining in South Cotabato.

The Philippine Mining Act has been debated fully in Congress before it was passed and signed into a law in 1995, opening up the industry to foreign investments as the country moves towards globalization. An NGO group questioned the constitutionality of the law in 1997 and the Supreme Court ruled with finality that the Philip-pine Mining Act of 1995 is constitutional. An Alternative Mining Law, House Bill No. 209 known as the Mineral Resources Act of 2010 has been re-filed in Congress seeking to take the place of the Mining Act. This creates uncertainties that will drive away investors and negates the current administration’s policy of creating a stable investment environment that works.

The Philippine Mining Act of 1995 has been the result of Legislature’s intelligent and objective discussions and deliberations, the stakeholder’s experienced cooperation and the judiciary’s erudite examination. It is touted to be a monumental legislative work that embodies all perceived aspects of the industry and takes into account all interest of legitimate stakeholders. Environmental protection measures, social responsibilities and the protection of the rights of indigenous peoples and indigenous cultural communities are well covered by the law. The law, including its implementing rules and regulations are comparable to, or even more advanced in certain aspects including environmental, social and indigenous people’s protection than those in developed countries such as Australia, Canada, the United States and United Kingdom.

The Chamber believes that a clear, honest and open minded understanding of the Mining Law and its various implementing rules and regulations including the processes involved before a mine is set up is what is necessary in allaying fears and insinuations on the industry.