Tampakan Mining, Photo credit: Mining Journal

In the DILG memorandum dated 9 December 2010, Secretary Robredo directed the provincial government of South Cotabato to review the environment code that the provincial board passed last July 2010 and suspend its implementation. The DILG also maintained that the provincial government does not have the power to ban open-pit mining as the National Mining Act does not prohibit such method. Secretary Robredo further stated that "a local government ordinance that is inconsistent with the Constitution must be struck down."

What is emerging from these developments is the inability of national government to understand what is happening locally.

Instead of asking the South Cotabato provincial government to review the environmental code where this provision to prohibit open-pit mining was put in, what DILG and DTI and other related national agencies must review are the reasons why this provision was made part of their environmental code.

Instead of looking at possible suspensions of provincial government officials, what DILG and DTI and other related national agencies must do is to discuss with their local counterparts the reasons for this provision and the basis by which the province came to a decision banning open-pit mining in their area of jurisdiction.

Surely the provincial government did not include this provision on a whim and the response from the national government such as that of DILG Secretary Robredo and DTI Undersecretary Domingo does not do justice to local government efforts in ensuring the sustainability of their province's resources.

Listen to them first gentlemen. Listen to what they're saying about how to deal with their water needs, how to ensure their water sources will not be compromised, how to ensure that the remaining forests need to be protected, how to ensure that the next generations of their people in South Cotabato will have the natural resources needed for their sustenance and survival. And why allowing the open-pit mining method at this time will not assist the province in restoring what's been degraded in the Allah Valley watershed and in protecting what's left of its resources.

That's what an environment code is about and striking the whole thing down on the basis of a possible infringement of a national law has all the makings of a bully.