MINING LAW STAYS, TAKES PRIVATE PROPERTY
The Didipio Earth Savers’ Multi-Purpose Association,
Inc. (DESAMA) is unfazed by the recent ruling of the
Supreme Court’s First Division in the case they filed
against the DENR Secretary and Climax-Arimco Mining
Corp. as they vowed to defend their lands against
mining firms.
“Di kami titigil sa paglaban para sa lupa at
kabuhayan. Ang lupa ay para sa mamamayan, hindi para
sa dayuhang minahan,” stressed Peter Duyapat, leader
of the DESAMA, after learning of the Supreme Court’s
ruling on July 19.
In the said case, the Court upheld the
constitutionality of the Philippine Mining Act even as
it declared the entry of mining concessionaires into
private property, as a “taking”. Under section 9,
Article III of the Constitution, a valid exercise of
the eminent domain requires (1) taking for (2) public
use and (3) upon payment of just compensation. The
court affirms the first while the other two
requirements remained unsettled.
DESAMA, in its Motion for Reconsideration, argued that
the Philippine Mining Act does not provide for a
public purpose for such a taking nor does it provide
for the payment of just compensation to affected
landowners.
Other concerned groups have also filed a petition for
intervention on the case, claiming that the taking
under Section 76 is a violation of the constitutional
right to due process, However, this motion for
intervention was also denied in the same ruling. This
is all in contrast to a decision of the Court rendered
EN BANC in the case of La Bugal B’laan Tribal
Association, Inc. where it allowed the intervention of
the Chamber of Mines.
“We feel that a lot of questions remain unanswered and
poses a threat to our rights.” says Francis Joseph
Ballesteros of the Legal Rights and Natural Resources
Center, Inc., counsel for DESAMA.
Despite the series of setbacks in the legal arena,
DESAMA, together with other communities threatened by
the large scale mining corporations as well as
advocates for community control of natural resources
remain resilient. The community spirit and resistance
against the watering down of their rights to land and
livelihood seeks out new venues and forms.
