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 safeguard the environment so long as it does not