Environmental lawyers maintain that Palawan’s mining moratorium remains in effect, despite a DILG advisory cited in a recent consultation that suggested otherwise. The advisory was referenced during a public hearing on Ipilan Nickel Corporation’s (INC) request to double its annual nickel output in Brooke’s Point.
INC is seeking approval to increase its annual output from 1.5 million to 3 million wet metric tons. The proposal was discussed at a September 20 public consultation convened by the Brooke’s Point Sangguniang Bayan (SB) Committee on Environment, Palawan News reports.
At the hearing, a representative from the Community Environment and Natural Resources Office (CENRO) cited a letter signed by Undersecretary Romeo P. Benitez claiming that the moratorium was “not valid” or “walang bisa dahil labag sa Constitution.”
In response to the claim, the Environmental Legal Assistance Center (ELAC) said that a DILG letter cannot invalidate a duly enacted ordinance.
“Only the courts can do that. Treating an executive letter as if it ‘voids’ the moratorium misleads the public and improperly tilts the playing field in a proceeding that should be neutral, evidence-based, and protective of communities and ecosystems,” it said.
ELAC also criticized the conduct of the consultation, citing “appeal to authority (without full text),” “framing by negation,” and “checkbox consultation” and said these tactics were used to shape the outcome.
“Presenting an advisory letter as a de facto nullification confuses citizens and pressures local bodies to act as if the moratorium were already dead—when it is not,” ELAC said.
As of September 29, ELAC said it had not obtained a copy of the DILG letter and clarified that its remarks were based solely on how the letter was described during the proceedings.
Together with the Save Palawan Movement, the group called on the DILG to publicly clarify the advisory’s nature and release its full text. They also urged both provincial and local governments to reaffirm that the moratorium remains in effect pending any court ruling, and asked the Brooke’s Point Sangguniang Bayan to reset the process with accurate legal framing, full disclosure of documents, and an independent cumulative-impact assessment before considering any production increases.
ELAC stressed that clarity in law and transparency in process are essential in decisions with irreversible environmental consequences.
“Palawan’s forests and watersheds are the island’s life support system. When the process is bent—even subtly—people living beside rivers, farms, and coasts pay the price first,” the group said.
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