Dipolog RTC ruling sets 'judicial trend' on open-pit mining - Dureza

MANILA, Philippines - Former presidential adviser on Mindanao affairs Jess Dureza said the Dipolog regional trial court (RTC) has set a “judicial trend” in ruling against a ban on open-pit mining and this may eventually help resolve the Tampakan project debacle.

“The ruling of the Dipolog RTC saying that the Zamboanga del Norte province cannot impose an open-pit mining ban is a judicial trend or what we call a case of first impression,” Dureza said.

“It is an important step to help the national government or even the Supreme Court finally make a ruling on this issue,” he said.

Dureza, a lawyer, was former head of the Mindanao Development Authority.

Dureza said the decision of the Dipolog RTC may eventually help the Tampakan mining project in South Cotabato.

“Both the Zamboanga del Norte issue and the South Cotabato issue are related not because both involve open-pit mining but because it is an issue on constitutionality,” Dureza said.

“It is principally the same issue which is a local government cannot disallow that which is allowed by a national law,” he said.

“What is significant here is that the ruling of the Dipolog court agrees with the national government in saying that open-pit mining is allowed by the Mining Act,” he added.

Although Dureza said the South Cotabato provincial government has the prerogative to decide on the matter of the Tampakan project, he added this is a good opportunity for the province to reassess its own position on banning open-pit mining.

“We have to stop local government units from passing ordinances that contradict our national laws and uphold the rule of law,” Dureza said.

Dureza said the question now for South Cotabato is “whether to continue with its ban on open-pit mining when it may be just stricken out by courts using the Dipolog RTC ruling as precedence.”