The Department of Environment and Natural Resources (DENR) opted to keep the nationwide ban on open-pit mines amid the clamor of environmental groups. This was after the government agency attempted to insert a provision in the implementing rules and regulations (IRR) of Executive Order 130 that would also lift the moratorium on the controversial mining method.

A highly placed source at the DENR told Business Bulletin that it was Environment Secretary Roy Cimatu who made the direct order to remove such a provision in the IRR, which took several weeks before it was finally approved.

On Thursday morning, Business Bulletin reported that Cimatu already signed the IRR of EO 130, a copy of which was just obtained Thursday afternoon. EO 130 amended EO 79 and officially lifted the country’s ban on new mining projects.

Based on the four-page IRR, which was contained in the DENR’s Department Administrative Order (DAO) 25, the agency decided to take out its earlier provision that would lift the whole of DAO No. 2017-10 or the ban on open-pit mining.

Under DAO No. 2017-10, which was issued by late and former DENR Secretary Regina Paz Lopez, open-pit mines "have ended up as perpetual liabilities , causing adverse impacts to the environment, particularly due to the generation of acidic and/or heavy metal-laden water, erosion of mine waste dumps and/or vulnerability of tailings dams to geological hazards".

“The big reason is the IRR. We don’t want a lot of people to criticize the IRR just because of that provision. The Secretary doesn’t want any trouble that’s why we decided that we will not address that ,” the source further said.

The source also said that Cimatu may no longer address this issue during this Administration. “The Secretary doesn’t want to remove the ban anymore. Not now. Maybe it’s the task of the next Administration”.

Mines and Geosciences Bureau (MGB) Director Wilfredo Moncano said in a text message that AO 25 was published on August 9, 2021. This means that the IRR will take effect in two weeks.

In a statement, the Chamber of Mines of the Philippines (COMP) said the decision of the government to keep the ban on open-pit mine will “negate the spirit of EO 130 as most of the mining applications propose the use of the open pit method”.

“Thousands of mines worldwide have adopted this primary method, including Australia, Canada, and the USA. There are economic, safety, and environmental considerations for employing this method,” COMP, composed of some of the country's largest mining companies, said.

“Where underground mining cannot be applied, the open pit method is primarily employed although there are other forms of surface mining. The shape nature and location of the ore body determine the mining method,” it added.