Yesterday marked the first day in office of the newly-elected and reelected local government officials. They would not have yet warmed their seats and they are already confronted with the challenges that come with the onset of the “habagat” and typhoon season. In the next few months, the disaster management and relief operations resources of LGUs will experience serious strain as they deal with massive flooding and landslides triggered by the howlers that come at this time of the year.

At this time of the year, public discussions are expected to focus once again on the degradation of the environment and how this contributes to the unprecedented levels of flooding experienced in many parts of the country.

This is why the Provincial Government of Rizal reiterated an urgent plea last week to the Department of Environment and Natural Resources (DENR).

This was a plea we first conveyed to the DENR 15 years ago.

The plea is for the national government, through the DENR, to stop all forms of quarrying and mining in the Province of Rizal.

The plea became urgent as we found out that the DENR had just recently approved the issuance of permits for mining and quarrying activities covering an additional 2,928 hectares of land in the province. Most of these permits will allow the mining and quarrying entities to conduct their activities until 2048.

At this point, in situations like this, the best that an LGU can do is to plead.

They cannot stop these types of operations on their own. It appears that, at present, jurisprudence is on the side of mining and quarrying enterprises.

Three years ago, Rizal Provincial Governor Nina Ynares put that jurisprudence to the test. She made an unprecedented bold move and ordered a complete stop to the quarrying operations in all areas within the jurisdiction of Rizal Province.

Earlier, the Antipolo LGU made a similar move. The city council passed an ordinance banning all mining, quarrying, and rock-crushing operations within the city’s territory. On the basis of the ordinance, the LGU deployed its local police forces to enforce the ban. The affected entities went to court, sued the city, and asked that the ban be lifted.

The odds went against the Antipolo LGU.

In November of 2021, the Regional Trial Court ruled against the local government of Antipolo.

The said Court ruled clearly: the Ordinance passed by the Antipolo City Council and implemented by the office of the City Mayor, the city’s permits and licensing office, and the Philippine National Police stopping all said operations were “unconstitutional” and therefore “null and void.”

It used the word “ultra vires” – literally, this means “outside of one’s powers.”

According to the court, the ordinance went beyond the scope of the LGU’s powers. It ruled that the said ordinance “failed to meet the substantive requirements” which include not contravening the constitution and not prohibiting but merely regulating trade.

The Court explained that the permits given by the national government to the entities that sued the city “are solemn contracts between the State and the petitioners” and that they are “warranted under the constitution and the Mining Act” passed by the national legislature. It emphasized that it is the State that is the “true owner” of the mineral resources tapped and mined by the petitioners.

The Court concluded that the Antipolo City ordinance banning mining, quarrying, and related activities is unconstitutional and therefore “null and void.”

The move by the provincial government to stop similar operations met the same fate.

So, at this point, we can only plead and ask the DENR to stop the issuance of mining and quarrying permits.

The fate of the environment and natural resources within the territory of LGUs remain in the hands of the national government through this agency.

Meanwhile, LGUs can only pray that the spirit of local autonomy can be given more life in our country. This would happen when local governments are vested with greater powers to have a stronger say on how the natural resources within their jurisdiction are tapped, by whom, and to what extent they can be exploited.

We reiterate our plea to the agency which has the power today to issue the permits – the DENR.

As we hope and pray that our plea will finally be heeded, we will have to work within our limited means as we prepare for the onslaught of destructive flooding brought about by monsoon rains and powerful typhoons, and aggravated by the degradation of the environment.