The Supreme Court (SC) Decision of January 27, 2004 (G.R. No. 127882) declaring unconstitutional and void certain provisions of Republic Act No. 7942, the Philippine Mining Act of 1995 has created anxiety in the mining industry.

In this regard, the Department of Environment and Natural Resources (DENR) assures the investment sector of the minerals industry that:

1. The DENR shall pursue the Motion for Reconsideration (MR) it filed last February 20, 2004 to win the case;

2. Since the Decision is not final and executory in view of the timely filing of the MR, the DENR shall continue to implement the Mining Act and its implementing rules and regulations. Specific concerns on contractual obligations shall be addressed on a case-to-case basis;

3. Executive Order No. 270 providing for the National Policy Agenda on Revitalizing Mining in the Philippines shall continue to be implemented, to ensure that policy gaps are addressed and lead to a successful revitalization of the minerals industry; and

4. Should the Motion for Reconsideration be denied and the Supreme Court decision be upheld, the government will immediately issue transition policies to ensure that existing investments and mineral rights will be protected consistent with the Supreme Court and Philippine laws.

For the guidance of all concerned.

(SGD.) ELISEA G. GOZUN