Atty. Abeb - The Tree Hugger

Thank you Dr. Jennifer Alba Perez Benliro for sharing your inspiring stories and precious time with us here at 88.1 Spirit FM Roxas "Tingog sang Tinuga"

So many ways to hug a tree...

Qᴜᴇꜱᴛɪᴏɴ: ɪꜱ ᴛʜᴇ ᴘᴀꜱꜱᴀɢᴇ ᴏꜰ ᴀ ʀᴇꜱᴏʟᴜᴛɪᴏɴ ɪɴᴛᴇʀᴘᴏꜱɪɴɢ ᴏʙᴊᴇᴄᴛɪᴏɴ ᴛᴏ ᴀ ᴍɪɴɪɴɢ ᴀᴘᴘʟɪᴄᴀᴛɪᴏɴ ᴀɴ ᴀʙᴜꜱᴇ ᴏꜰ ᴘᴏᴡᴇʀ ᴀɴᴅ/ᴏʀ ᴅɪꜱᴄʀᴇᴛɪᴏɴ ᴏɴ ᴛʜᴇ ᴘᴀʀᴛ ᴏꜰ ᴛʜᴇ ꜱᴀɴɢɢᴜɴɪᴀɴ?

Answer: Generally, no. The passage of a resolution by the Sanggunian interposing an objection to a mining application does not, by itself, constitute an abuse of power or grave abuse of discretion, provided that it is based on law, supported by factual findings, adopted through the proper legislative process, and intended to protect the welfare of the community.

The Sanggunian acts within its legislative and policy-making authority when it expresses the position of the local government on matters affecting its constituents, including mining activities that may have environmental, social, economic, and cultural impacts.

The principle of local autonomy is enshrined in Article X, Section 2 of the 1987 Philippine Constitution, which provides: "The territorial and political subdivisions shall enjoy local autonomy."

This constitutional policy is implemented through the Local Government Code of 1991 (Republic Act No. 7160), which grants local government units (LGUs) the authority to govern their own affairs and promote the general welfare of their inhabitants.

Under the Local Government Code, the Sanggunian is empowered to enact ordinances and adopt resolutions; protect the environment;
promote the health, safety, and welfare of its constituents; and formulate policies responsive to local needs, among others.

Consequently, when the Sanggunian passes a resolution expressing its objection to a mining application because of perceived environmental degradation, threats to water sources, displacement of communities, or adverse socio-economic impacts, it is exercising its constitutionally recognized autonomy and legislative discretion.

The mere fact that the resolution opposes a mining project does not make it arbitrary or abusive.

While mineral resources belong to the State under Article XII, Section 2 of the Constitution, mining regulation is primarily exercised by the national government through the Department of Environment and Natural Resources (DENR) and the Mines and Geosciences Bureau (MGB).

However, the relationship between the national government and LGUs is not one of complete national supremacy. Instead, it is characterized by cooperative governance.

Local governments possess constitutional autonomy and are recognized as partners in national development. Thus: the national government regulates mineral development as a matter of national policy; and the LGU represents local interests and safeguards community welfare.

A Sanggunian resolution interposing an objection therefore serves as an official expression of the local government's position for consideration by national authorities. It is part of the consultative and cooperative relationship envisioned by the Constitution and the Local Government Code.

One of the fundamental principles of local governance is people's participation. The Local Government Code emphasizes that governance should be participatory, transparent, and accountable. Before adopting a resolution opposing mining, the Sanggunian may conduct:
public consultations, committee hearings, dialogues with affected communities, consultations with indigenous peoples, farmers, fisherfolk, and civil society organizations.

If the resolution reflects the sentiments and concerns expressed during these consultations, it cannot reasonably be characterized as an abuse of discretion.

Rather, it demonstrates democratic governance, where elected representatives articulate the collective interests of their constituents.

Mining projects are evaluated not only on their technical and economic feasibility but also on their social acceptability. Social acceptability refers to the extent to which affected communities support or accept a proposed project.

Even if a mining company satisfies technical and environmental requirements, persistent community opposition may indicate that the project lacks the necessary social license to operate.

When a Sanggunian passes a resolution opposing a mining application after considering the above-stated factors, the resolution becomes an expression of the community's social acceptability—or lack thereof.

Rather than constituting an abuse of discretion, such action fulfills the Sanggunian's duty to represent the interests of its constituents.

Although the Sanggunian generally has the authority to adopt such a resolution, its action may constitute grave abuse of discretion if: it acted without legal authority; the resolution was arbitrary or capricious; no factual basis supported the objections; due process and required consultations were ignored; the action was motivated by bad faith, discrimination, or corruption.

In the absence of these circumstances, courts generally accord respect to the legislative judgment of local governments because policy decisions belong primarily to elected local officials.

The Sanggunian must never be silenced when it speaks for its people. Its resolutions should not be viewed as obstacles to development, but as indispensable expressions of democracy, accountability, and responsible governance.

The voice of the community must not merely be heard—it must be respected, valued, and allowed to shape the future of our nation.

N.B. I am not from Sibuyan, but.I love Sibuyan 🥰