30 years of Philippine Mining Act of 1995, 30 years of Theft and Plunder

The enactment of the Philippine Mining Act of 1995 or RA 7492 on March 3, 1995, was a strong signal declaring the Philippines as open for business: transnational corporations and business tycoons who had been drooling over the mineral resources of the country were encouraged and emboldened to proceed with their large-scale mining prospects. Since then, hundreds of mining applications swept through the country, while those operating prior to enactment of the law were given a reason to further justify and continue their mineral extraction. The law is now on its 30th year, and in 30 years, we have lost mountains and people, gaining the opposite of the prosperity that was promised.

RA 7492’s constitutionality was fiercely contested since the time of its signing, with Indigenous Peoples taking the lead. In 2004, the Supreme Court nullified certain provisions of the Act, momentarily adheering to the public calling out its violation of foreign equity restrictions stated in the Constitution. In that same year, however, the Supreme Court reversed its ruling and openly declared support for foreign mining corporations. Regimes that followed only reinforced RA 7492 by implementing policies that essentially serve as an appendage, and stark examples for these would be the Arroyo administration’s National Minerals Policy, Noynoy Aquino’s Executive Order 79, Duterte administration’s ban on small-scale mining that works in favor of large-scale, and now Marcos Jr.’s series of pronouncements in support of the so-called mining sector, i.e. corporations. Between these decades and regimes, we, the Cordillera peoples, have always been at the forefront of anti-mining struggles, calling for the junking of the law time and time again. We have every right and reason to do so: we have been subjected to the worst mining disasters this country has ever seen, and so we stand witness to the impacts of centuries of mining. In the 30 years of RA 7492, lands and lives were stolen from our people, and no amount of gold could ever amount to the price we were forced to pay.

The oldest mines in the country are still operating in the Cordillera, namely Lepanto, Benguet Corporation (BCI), Philex, and the Itogon-Suyoc Resources, Inc (ISRI). We must never forget the historic destruction brought by their operations. The massive ground subsidence in Mankayan caused by Lepanto, the collapse of Philex’s Tailings Pond 3 in 2012, the Antamok open-pit mines of Benguet Corporation, the killer landslides in Itogon and the numerous attempt to mine ancestral lands through the years are more than enough to illustrate the historical injustices and condemn RA 7492.

The situation today is no different, if not worse. The Cordillera region is facing 106 mining applications covering an estimate of 34% of the region’s 1.8M hectares total land area. Some of the active applications are 1) Yamang Mineral in Abra, subsidiary of UK firm Metals Exploration which also owns FCF-Minerals; 2) Makilala Mining, subsidiary of Australian firm Celsius Resources, in Kalinga; 3) Crescent Mining, which has ties with another UK firm called Bezant Resources, in Mankayan, Benguet; and 4) Expansion projects of BCI and ISRI in Itogon, Benguet. It is also alarming how the Marcos Jr. administration is incentivizing these companies and projects despite their record of numerous Free, Prior, and Informed Consent (FPIC) violations. Marcos Jr. has been rallying support for the passage of a mining fiscal regime policy that will benefit mining companies by lowering royalty rates and imposing taxes only in selective operations. His Maharlika Fund, a “wealth fund” derived from peoples’ money, is also investing on the Makilala Mining project in Kalinga. He is definitely setting the stage for a smooth-sailing process dedicated to large-scale mining firms.

Marcos Jr. is also aware that the impending global demand for renewable energy (RE) resources relating to climate change mitigation will result in an increased demand for mineral resources necessary for the construction of needed RE infrastructure. He is a self-proclaimed “Climate Champion”, only because he intends to make the entire country the perfect market for RE and mining. This also explains why his sight is set on slashing all legal stumbling blocks for the entry of RE and mining investments, much to the disadvantage of Indigenous Peoples whose lands are targeted.

The situation calls for a renewed commitment and reaffirmation of our long years of struggle. 30 years of RA 7492, with a President who is friends with and family to large-scale mining lords, set conditions that require our strong collective assertion for our land, life, and resources. We must remember that our experience with large-scale mining began even before RA 7492, and we, as Cordillera peoples, have been holding the line for centuries now. We owe it to our ancestors and children to continue resisting the plunder of our ancestral lands.

In the 2025 elections, we should ask aspiring leaders for their environmental and Indigenous Peoples agenda, among many other demands. 30 years of RA 7492 holding only a record of theft and plunder should be enough for any reasonable candidate to declare that the law is a brunt to the people. It has no significant contribution to national industrialization and even to the national economy. It has led to an onslaught of large-scale mining applications that threaten the environment and ancestral lands. We should look for leaders who recognize these issues and promote a sustainable pro-people mining industry, leaders who will stand with us in our call to end more years of plunders.

JUNK THE PHILIPPINE MINING ACT OF 1995!

RESIST THE PLUNDER OF ANCESTRAL LANDS!

UPHOLD INDIGENOUS PEOPLES’ RIGHT TO SELF-DETERMINATION AND ANCESTRAL DOMAIN!

For reference:

Ned Tuguinay

CPA Spokesperson

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