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Philippines: Supreme Court hears case to nullify mining law, alleging mining profit-sharing does not take into account displacement

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24 April 2013

Supreme Court digest and audio recording of oral proceedings on Mining Act constitutionality case [Philippines]

Author: Supreme Court of the Philippines

Two petitions challenge the constitutionality of…The Philippine Mining Act of 1995…and various related administrative issuances of the Department of Environment and Natural Resources (DENR). [Petitioners argue in the first case that] sections of the Mining Act and DAO [Department Administrative Order] 07-12 are unconstitutional because they allow inequitable sharing of wealth contrary to…the 1987 Constitution. The second…questions the validity of the MPSAs [Mineral Production Sharing Agreements] issued by the Secretary of the Department of Environment and Natural Resources…to the private respondents and their predecessor corporations…According to the petitioners…[the] fiscal arrangement is glaringly contradictory to the Constitutional provision…[on] equitable distribution of wealth… [refers to Sagittarius Mines, Oceanagold, TVI Resources and Development Philippines]

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16 April 2013

Nullify Mining Act or just the DENR order? [Philippines]

Author: Purple Romero, Rappler

Should the provisions on the profit-sharing agreement in the Mining Act of 1995 be struck down as unconstitutional or should the law's corresponding department administrative order be amended instead? Supreme Court justices went back and forth on this during oral arguments…as the High Court took up consolidated petitions seeking for the nullification of sections…[of] the Mining Act of 1995. The petitioners…said the two provisions put the government at a financial disadvantage…[and that] the profit-sharing agreement does not take into account the "negative externalities" of the mining industry, such as displacement.

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