South Cotabato's Ban on Open Pit Mining
Late last year, DILG Secretary Jesse Robredo said that the provincial government of South Cotabato did not have the power to ban open-pit mining and should instead review its Environmental Code that prohibited such mining method . [1] According to Robredo, “The Philippine Mining Act of 1995 does not prohibit open pit mining. A local government ordinance cannot undo an act of Congress.” [2] In a Memorandum Circular dated November 9, 2010, Robredo directed the provincial government of South Cotabato to review its Environmental Code. According to the Memorandum Circular, "[i] n view thereof , you are hereby enjoined to cause the immediate suspension of the implementation of said ordinance pending its review.” [3] Secretary Robredo’s actions in this case are inconsistent with law. a. Robredo’s legal analysis is flawed. There is no law that prevents local governments from imposing additional strictures to safeg...