MANILA, Philippines – The House leadership’s push to eventually require legislative franchises for mining firms is one step closer to reality after the Office of the Solicitor General affirmed Congress’ power to do so.
Solicitor General Jose Calida, in his legal opinion filed before the committees on natural resources and legal franchises, said Congress’ power to grant franchises comes from the State’s police power. (READ: Congressional franchises for casinos, mining ‘reeks of vested interest’)
“Likewise there is also no constitutional prohibition for the authority of Congress to require franchise, only a limitation or requirement as in the citizenship requirement imposed on Public Utility under Article 12, Section 11 of the Constitution,” said Calida, as quoted in a press release from the House of Representatives.
“There is no doubt that franchises are granted by Congress as a form of regulatory framework,” added the government’s top lawyer.