Court of Appeals upholds DENR right to issue mineral ore export permits

MANILA, Philippines - The Court of Appeals has upheld the right of the Department of Environment and Natural Resources (DENR) to issue mineral ore export permits.

DENR Secretary Horacio C. Ramos said with the CA ruling, legitimate mining companies would benefit from the implementation of the DENR administrative order.

The DENR’s right to issue mineral export permits had been questioned by former Zambales Governor Amor Deloso following the DENR’s move to regulate the export of mineral ores by small-scale mining firms.

The DENR had long been in conflict with Deloso over the right to issue mining permits along with local government units (LGUs).

The DENR is the government entity tasked with regulating the mining sector and issuing the necessary exploration and mining permits and tenements.

However, Deloso had insisted that the LGU also has the right to issue temporary mining permits.

While the DENR was more stringent in the issuance of mining permits, especially to small-scale mining firms, the Zambales LGU was more lenient-resulting in a proliferation of small-scale miners.

Thus, to regulate the mining sector and monitor where the mineral resources are going, and to ensure the proper payment of taxes, the DENR imposed a requirement for all mining firms to secure a mineral ore export permit — a move which Deloso contested before the CA.

With the CA decision, Ramos clarified that the mineral ore export permit is needed only for raw or unprocessed ores, crushed and/or sized sand and gravel or other unconsolidated materials; iron, manganese and/or chromium ore and mine wastes and/or mill tailings.

He added that the DENR would also now be able to more accurately monitor tax payments and where the ores are being exported to.