Jasareno admitted it is difficult to regulate small-scale mining because provincial governors are authorized to issue permits but local governments often lack the expertise to monitor mining activities.
Aside from this, he said small-scale miners also exploit the vagueness of the two existing laws that concern the industry.
Presidential Decree 1899, issued in 1984, allows individuals to apply for mining permits while imposing very little requirements.
In contrast, 1991’s Republic Act 7076 raises the requirements and authorizes the MGB to designate so-called “minahang bayan” in places not prone to landslides and floods. The law also favors mining cooperatives, which are easier to regulate.
However, because it is only “implied” that the more recent law repeals PD 1899, the old law is still used by miners to apply for permits.
Despite an opinion issued by Justice Secretary Leila de Lima in June 2011 that RA 7076 has superseded PD1899, not much can be done unless Congress amends the law or a case is brought before the Supreme Court to clarify the matter.
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