Robin: Time to revisit laws on responsible mining
IT is time to revisit our mining laws to ensure our environment remains protected while the government establishes the appropriate policies to maximize its revenues from the sector, Sen. Robinhood “Robin” C. Padilla said Tuesday.
Padilla said the present law such as Republic Act (RA) 7942, which was passed way back in 1995 provides “meager” penalties against polluters and violators.
Under the current law, violators of the Environmental Compliance Certificate (ECC) face up to six years imprisonment and/or a fine of up to P200,000 only.
“Ang pinakamataas dito na puwede natin singilin sa talipandas na ito, P200,000 lang. Pambihira, napakapambihira po!” Padilla said at the hearing of the Senate Finance Subcommittee B, which tackled the 2023 budget of the Department of Environment and Natural Resources (DENR).
DENR Secretary Ma. Antonia Loyzaga agreed with Padilla, saying: “Yes, we feel it’s time to review the mining law.” She added what is needed now is a “stability of the business environment.”
Loyzaga also noted the government does not have the capacity to attract investments that would ensure social protection for workers.
Padilla also pushed for improvements in the mining sector such that it can follow the example of Sweden, where the government earned 26 million krona (P135.422 billion) from mining.
If this can be replicated in the Philippines, Padilla said the government could pay off a huge chunk of its P13-trillion debt, as the Philippines has gold reserves amounting to $1.4 trillion and reserves of up to $7 trillion, including nonmetallic reserves.
Also, Padilla said he wants to return to the time when foreign companies could invest much in the Philippines such that the rights of laborers are addressed, including housing and education for their children. Currently, he lamented the government is at the losing end in terms of revenue while the workers in the sector are faring poorly.
Because of this, Padilla asked if there is a need to amend some provisions in the 1987 Constitution, particularly the 40% limitation on foreign investments. “Sa palagay ninyo, meron tayong kailangan baguhin sa Konstitusyon? May epekto ang 60-40 sa Konstitusyon sa exploitation, development and utilization ng ating mineral resources?” he asked.
Wilfredo Moncano of the DENR’s Mines and Geosciences Bureau (MGB) noted that while foreigners can have more than 40% share in investments under the Financial Technical Assistance Agreement setup, the capital requirement is so large that Filipinos with foreign partners do not avail of this.
