DOJ: DENR has no right to grant mining permits

The Department of Justice said that the Department of Environment and Natural Resources secretary has no right to issue mining permits.

According to Justice Secretary Leila de Lima, the Mines and Geosciences Bureau is the only agency that has the authority to grant special mining permits.

De Lima said, "The intention of the law in granting the authority to the Director of the Bureau instead of the Secretary of DENR is clear, it is the Director of the Bureau who is in a better position to determine whether or not the requirements of the law have been complied with by the applicant. In this regard, a careful perusal of your letter does not show that the requirements were satisfied before the permit to Lupa Pigigetawan was issued."

This was in opposition to Environment Secretary Ramon Paje who upheld the Special Ore Extraction Permit awarded by former Secretary Lito Atienza Jr., to Lupa Pigigetawan mining firm in Zamboanga del Sur.

When Paje took his office, he upheld the issuance of the permit even when the Bureau of Mines and Geosciences has expressed their opposition.

Zamboanga Gov. Antonio Cerilles has also written to Paje to ask the secretary to withdraw the permit and implement the Cease and Desist order issued by the Bureau of Mines and Geosciences.

De Lima said that the granting of mining permission can be given after verification and evaluation of the Mines and Geosciences Bureau.

She added that it is basic in statutory interpretation that when the words and phrases of the statute are clear and unequivocal, the statute must be taken exactly what it says. The reason is because when the law is clear, interpretation does not apply. — ARA