Decentralization of mining: Resolving the conflict between the national mining laws and policies and local government ordinances

Date of Publication

2014

Document Type

Dissertation

Degree Name

Juris Doctor

College

College of Law

Department/Unit

Law

Honor/Award

Best thesis, 2014/1st batch

Thesis Adviser

Antonio Gabriel M. La Viña

Defense Panel Chair

Antonio P. Jamon, Jr.

Defense Panel Member

Barbara Anne C. Migallos
Vyva Victoria M. Aguirre

Abstract/Summary

The Philippines promotes responsible exploration, development and utilization of its mineral resources as part of its national policy. 1) The policy is to enhance the economic growth while at the same time following the concept of sustainable development. 2) The country’s policy towards mining also adheres to justice and equity. 3) It also states that the mining industry should respect the Filipino culture and the Philippines’ sovereignty.

4) The mining industry has been empowered by the Philippine Mining Act of 1995 which led to different mining operations. However, various local government units have been banning specific mining methods in areas such as South Cotabato and Zamboanga Del Norte through ordinances under the General Welfare clause. In the case of Magtajas v. Pryce Properties5, the test of a valid ordinance is enumerated. It stated that an ordinance must not contravene a statute and must only regulate and not prohibit trade. A legal conflict has been created by this situation between the primacy of national law over local ordinances and the power granted to local governments to promote the welfare of their jurisdiction.

Abstract Format

html

Language

English

Format

Print

Accession Number

TG05537

Shelf Location

Archives, The Learning Commons, 12F Henry Sy Sr. Hall

Physical Description

113, 7 unnumbered leaves ; 1 computer optical disc 4 3/4 in.

Keywords

Mining law--Philippines; Mines and mineral resources--Philippines

This document is currently not available here.

Share

COinS