PNoy: Nat'l laws have primacy over local laws on mining

by Willard Cheng, ABS-CBN News

Posted at Jun 25 2012 01:19 PM | Updated as of Jun 25 2012 09:19 PM

LA TRINIDAD, BENGUET — President Aquino reiterated that national laws have primacy over local laws on mining, contrary to a reported statement of Albay Governor Joey Salceda who has allegedly expressed his intention to challenge the constitutionality of the President’s executive order on mining.
President Aquino said he has not yet signed the executive order and it would be premature for Salceda to issue such a statement.
At the same time, the President expressed disbelief that Salceda would have said that local laws should take precedence over national laws.
He said the Constitution is clear on the need for local laws to be consistent with national laws, adding that there are limitations on the scope and ordinance-making powers of local governments.
“I would like to talk to him…I don’t think Joey Salceda will come up with a statement that says the opposite [that] a municipal ordinance or a provincial ordinance takes precedence over a national law. The Constitution I think is very, very clear on that… First, nili-limit ‘yung ordinance-making powers nila. Second ‘yung sa scope, by territory na lang, mas limited na ‘yun. More than that, may clause d’yan e, na may consistency with the national laws. We are not a federated government. We are a republican, unitary government,” Aquino told reporters after attending the oath-taking of new members of the Liberal Party from the Cordillera Administrative Region.
“I haven’t signed it. We have talked to so many stakeholders regarding the contents of it. There is still some language I am not comfortable with. So it is premature on his part to say something like that. Pero if they feel that their rights have been trampled upon, by all means, they can go the appropriate courts. But I am very confident na he would not have said something that said ‘yung ordinances or that they have promulgated on local basis will supplant national laws,” Aquino added.