Do provinces have power to close mining companies?

For the longest time, since 1977, I have been teaching Labor Law, Legal Ethics and Constitutional Law in various universities and schools in Metro Manila.

- Atty. Josephus B. Jimenez

This academic year, I have expanded my legal horizon by accepting a new subject on the Local Government Code. I am excited, as well as my students.Teaching the Local Government Code, we are using the codal provisions of Republic Act 7160 or the Local Government Code of 1991. The first cases that I discussed were the famous Mandanas cases on the sharing of revenues from taxes and national wealth. Another interesting Supreme Court decision is in the case of Province of Occidental Mindoro v. Agusan Petroleum and Mining Corp.

This was promulgated by the Supreme Court on January 14, 2025. The ruling was written by the Senior Associate Justice Marvic Leonen, who opened the decision as follows: "While the Constitution recognizes the autonomy of local government units to enact ordinances and adopt resolutions for the general welfare of their constituents, this does not extend to vetoing the national law. The Province of Occidental Mindoro exceeded its powers and authority when it completely banned all large-scale exploration and mining operations within its territorial jurisdiction, in contravention of Republic Act No. 7942 or the Philippine Mining Act of 1995."

This is an important ruling that should guide our LGU officials in making decisions on industries operating in their territorial jurisdictions.