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Trump 2.0 and the Philippines: Navigating the Crossroads of Mining, Energy, and Geopolitics
The reassertion of the "America First" policy under the renewed Trump administration in 2025 has reshaped global trade, energy, and strategic relations. At the heart of this shift is a clear prioritization of US economic sovereignty, energy independence, and critical mineral security. Under Trump 2.0, this approach prioritizes fossil fuel expansion, domestic mineral security, and skepticism toward multilateralism—pressuring allies to align more closely with US interests.
In particular, the US is doubling down on fossil fuel production and restricting support for renewable energy initiatives—rolling back incentives, freezing federal land leases for green energy, and canceling clean energy grants. At the same time, it is aggressively pursuing secure and “friendly” supply chains for critical minerals, incentivizing companies to source from allies like the Philippines.
Trump's policies challenge international cooperation through trade barriers and environmental deregulation. Global frameworks like the Paris Agreement and World Trade Organization have been sidelined, leaving developing countries like the Philippines exposed to policy vacuums. Trump’s approach often sidelines global institutions like the WTO and regional trade blocs.
These changes carry profound implications for developing nations, especially the Philippines, a country rich in nickel, copper, and other strategic resources. As a long-time US ally and a significant Chinese trade partner, the Philippines now finds itself delicately balancing economic opportunity and geopolitical alignment.
A Strategic Resource Battleground
Central to the Trump administration’s “America First” economic and national security strategy is the reduction of US dependence on foreign sources—particularly China—for critical minerals. These materials, including nickel, lithium, cobalt, and rare earth elements, are essential to high-tech manufacturing, electric vehicles, renewable energy systems, and defense equipment. The Trump administration has ramped up efforts to bolster US domestic exploration and mining and forge bilateral agreements with friendly nations for resource access.
While the US has limited reserves of certain minerals, it is using its diplomatic and economic influence to reconfigure the global flow of critical materials. Strategic partnerships and investments are increasingly directed toward countries seen as stable and aligned with US geopolitical interests. Export restrictions and trade barriers targeting Chinese-sourced materials are encouraging companies to seek new suppliers in Southeast Asia, Latin America, and Africa.
In particular, the Philippines, rich in mineral resources and situated in a geopolitically pivotal zone, finds itself at the intersection of shifting US trade, energy, and security policies. For the mining sector, the heightened demand by the US for critical minerals — especially nickel, copper, and cobalt — has elevated the Philippines’ profile as a potential strategic partner and alternative source for those commodities. American and Western-aligned companies have begun reassessing the Philippines as an investment destination. There is rising interest in investing in downstream facilities—such as mineral processing plants or battery component manufacturing—which the Philippines currently lacks at scale.
Energy Security in a Divided World
In the energy sector, the Trump administration’s renewed emphasis on fossil fuel dominance and skepticism toward international climate accords may undermine the Philippines’ transition toward renewable energy. US firms may promote liquefied natural gas projects or coal-based energy partnerships over green alternatives. Simultaneously, waning US leadership in climate diplomacy could stall global funding and technology transfers that are vital for developing countries to adopt clean energy solutions.
The Philippines' reliance on imported fossil fuels makes it vulnerable to global market fluctuations. As a nation with ambitious renewable energy targets—aiming for 35% renewable energy in its power mix by 2030 and 50% by 2040—the Philippines faces challenges due to these US policy shifts. A global resurgence in fossil fuel dependency could exacerbate energy security issues and hinder efforts to transition to more sustainable energy sources. The Philippines may see funding and interest in renewable projects decline, reinforcing reliance on LNG and coal.
The US withdrawal from global climate commitments and reduction in renewable energy funding may also lead to decreased international support for the Philippines' clean energy initiatives, potentially slowing down the development of solar, wind, and other clean energy infrastructures. The Philippine renewable energy sector has historically relied on foreign investments, technology transfers, and development aid—much of which has been bolstered by US leadership in climate finance. With US institutions (e.g., the Export-Import Bank, US Agency for International Development or International Development Finance Corporation) potentially deprioritizing green energy, major projects may face delays or cancellation.
Geopolitical Tensions and Maneuvering
Southeast Asia sits astride critical sea lanes, such as the South China Sea, through which one-third of global trade passes. The region’s proximity to Taiwan, its access to maritime resources, and its growing markets make it strategically vital. China asserts expansive claims in the South China Sea, backed by military installations and aggressive patrols. On the other hand, the US continues freedom of navigation operations and military exercises.
China’s growing military footprint in the South China Sea directly challenges Philippine territorial claims. In response, the US has strengthened defense ties with treaty allies like the Philippines and expanded access to bases under the Enhanced Defense Cooperation Agreement. The Philippines' proximity to key sea lanes and Taiwan makes it a military asset. However, over-reliance on US defense might provoke Chinese economic retaliation. As a strategic ally, the Philippines may receive increased military and economic support from the US However, this could pressure the Philippines to choose sides in the US-China rivalry, complicating its domestic policy on natural resource administration, environmental safeguards, and foreign investments. As geopolitical tensions deepen, the Philippines must navigate an increasingly polarized world.
Strategic Moves by Philippine Regulators
Philippines resources regulators—particularly those overseeing energy and strategic minerals—must move decisively to take advantage of emerging geopolitical and economic opportunities. Policy makers must seek inclusion in US strategic minerals initiatives. The government can also create a bilateral working group on resource security, linking the Philippine Department of Energy, Department of Environment and Natural Resources/Mines and Geosciences Bureau with the US Departments of Energy, State, and Commerce.
Trump’s hardline stance on China can also be used by the government to negotiate better terms with both US and China, especially in downstream mineral processing and energy infrastructure investments (e.g., grid development, offshore wind). To fast-track resource policy and institutional reforms, the government should also enact a National Critical Minerals Policy and a Philippine Mineral Security Strategy, which will set a development roadmap and look into offering fiscal and regulatory incentives for investments in critical minerals. Finally, the government should strengthen the nationwide geological survey, mineral, and energy data transparency, and ESG monitoring capacity to meet international compliance and due diligence standards.

Establishing a Philippine Department of Mines and Energy can be another strategic move. Currently, mining and energy are under the DENR and DOE respectively, leading to jurisdictional overlaps, especially in environmental vs. economic goals. A dedicated department could align policies, licensing, and enforcement under one roof, improving bureaucratic efficiency. Creating a dedicated department would also send a strong signal to international investors that the government is serious about developing the sector and ensuring stable governance. The unified department could integrate mining, mineral processing, energy production, and even green industrial development, creating synergies across sectors.
There is a risk, however, that creating a new department could lead to bureaucratic duplication or weak oversight, especially if it lacks experienced technical bureaucrats or a clear mandate. Setting up a new department requires legislative action, funding, and strong executive leadership. A premature launch could result in tokenism rather than transformation and the timing would depend on both the urgency of national priorities and the readiness of institutions.
The Philippines should move toward creating a Department of Mines and Energy—but only if a clear national mining and energy roadmap is in place and institutional capacity-building programs are underway with legislative and executive backing with adequate funding. If those conditions are not yet met, a transition phase—such as creating an inter-agency commission or task force—might be a better near-term step.
Political Realignment and Policy Implications
The 2025 elections resulted in the fracturing of the once-unified "UniTeam" alliance between President Ferdinand Marcos Jr. and Vice President Sara Duterte, into opposing factions. The resources industry stands at a crossroads with the new political configuration influencing its trajectory. The retention of key economic officials suggests a degree of policy continuity, which may reassure investors in the resources sector. In response to the electoral outcomes, President Marcos also initiated a cabinet reshuffle.
Notably, Raphael Lotilla transitioned from Secretary of Energy to Secretary of Environment and Natural Resources. The appointment of Lotilla has elicited a spectrum of reactions, reflecting both optimism and concern. Lotilla, who was my professor at the University of the Philippines College of Law, brings a wealth of experience from his previous government roles, including serving as Secretary of Energy under President Gloria Macapagal Arroyo, as well as holding a position in the National Economic and Development Authority. His involvement in the Electric Power Industry Reform Act of 2001 underscores his deep understanding of the energy sector and public policy.
However, environmental organizations have voiced concerns over Lotilla's past support for fossil fuels and nuclear energy during his tenure at the DOE. They urge him to shift towards more sustainable and climate-resilient policies in his new DENR role. Lotilla's previous affiliations with energy companies have also raised questions about potential conflicts of interest, especially given the DENR's role in regulating environmental compliance for energy projects.
Lotilla is walking on a tightrope. While his reputation for integrity and policy expertise is an asset, administering the DENR requires deep political acumen, grassroots coordination, and internal institutional reform—not just technical know-how. Success will depend on his ability to streamline decision-making and accountability across the bureaucracy, forge genuine consensus among competing interests, and professionalize DENR operations without getting mired in political interference. There’s constant tension between the push for resource exploitation (to drive economic growth and foreign investment) and obligations under environmental laws, climate goals, and protected area frameworks. Lotilla's ability to balance economic development with environmental protection will be pivotal. Stakeholders will be closely monitoring his policies and actions to ensure they align with the country's environmental and sustainability goals.
Meanwhile, the Supreme Court's recent decision to nullify local government units' (LGUs) blanket bans on mining activities—specifically overturning Mindoro Occidental's 25-year moratorium—has significant implications for the industry. The Supreme Court ruled that while LGUs have the authority to evaluate and approve or deny individual mining applications, they cannot impose blanket bans on mining activities. This decision reinforces the primacy of national laws, particularly the Philippine Mining Act of 1995, over local ordinances in regulating mineral resource development. The decision is seen as a step toward harmonizing local and national policies, thereby fostering a more conducive environment for sustainable mining operations.
The ruling is expected to boost investor confidence by providing a more predictable legal framework for mining operations. LGUs retain the power to assess and decide on individual mining projects, ensuring that local concerns and environmental considerations are addressed on a case-by-case basis. The decision underscores the need for coherent policies between national and local governments to balance economic development with environmental stewardship. The Supreme Court's decision delineates the boundaries of local and national authority in mining regulation, aiming to create a more stable environment for investment while still preserving the role of LGUs in environmental oversight. The long-term impact will depend on how effectively national and local policies are harmonized to promote sustainable and responsible mining practices.
Conclusion
Trump 2.0's return signals a renewed opportunity for the Philippines to strengthen bilateral ties with the US around critical minerals, energy security, and resource independence. Philippine regulators must proactively craft policy and commercial frameworks that de-risk investments in resources, accelerate project implementation, and align with evolving national strategic priorities. In addition, they must act decisively to align the country’s regulatory, diplomatic, and industrial strategies with the geopolitical reorientation of a second Trump presidency. Proactivity, policy readiness, and credible regulatory reforms will be essential to securing our place in the future of US-led critical mineral and energy supply chains. Finally, the Philippines must engage global powers with strategic confidence—welcoming investments and cooperation, but on terms that align with national development, uphold environmental integrity, and preserve its sovereign decision-making.
Fernando “Ronnie” S. Penarroyo specializes in Energy and Resources Law, Project Finance and Business Development. He is also currently the Chair of the Professional Regulatory Board of Geology, the government agency mandated under law to regulate and develop the geology profession. For any matters or inquiries in relation to the Philippine resources industry and suggested topics for commentaries, he may be contacted at fspenarroyo@penpalaw.com. Atty. Penarroyo’s commentaries are also archived at his professional blogsite at www.penarroyo.com

Mining Decarb: E-mission Impossible? (Part 2)
(Conclusion)
By Noel B. Lazaro, Eveart Grace P. Claro, Judd Yonder L. Reyes, and Marielle D. Marbella
The global push for sustainability has reached a tipping point, compelling industries to accelerate their decarbonization efforts. Nowhere is this more critical than in mining—a sector paradoxically essential for the green transition yet burdened by its environmental footprint.
The first part of this article (see Issue 4 2024 – Editor) examined the Philippine mining sector’s decarbonization landscape, highlighting the challenges of attracting carbon project investments, the role of policy reforms, and the industry's response to emerging sustainability standards like Towards Sustainable Mining (TSM). It also explored legislative efforts, such as the Low Carbon Economy Investment Act and the Carbon Rights Act, to incentivize emissions reduction and integrate carbon markets.
This second part delves into the tangible steps mining companies must take to decarbonize, the barriers hindering progress, and the opportunities that could turn sustainability into a competitive advantage.
Metrics for Mother Earth
Sustainability reporting has become essential for businesses, particularly in mining. Since 2019, the Philippine SEC has mandated all listed companies to disclose their sustainability practices, achieving over 90% compliance. In 2023, the SEC reinforced this mandate with enhanced standards, including structured forms beyond narrative reporting to ensure thorough ESG disclosures.
An encouraging development is the SEC's move towards mandatory reporting, aiming to extend these regulations to unlisted firms.
Also, the Philippine Financial and Sustainability Reporting Standards Council (FSRSC) is introducing new reporting requirements for publicly listed extractive companies, mandating compliance with the International Financial Reporting Standards (IFRS) S1 and S2 by 2027. Developed by the IFRS Foundation's ISSB, these standards create a global framework for sustainability reporting, focusing on climate-related and financial issues that impact company value. IFRS S1 addresses general sustainability disclosures, while IFRS S2 targets climate-related disclosures, aiding companies in reporting how sustainability factors influence their long-term success and risk management.
The introduction of IFRS S1 and S2 significantly boosts board accountability in industries with major environmental impacts, particularly in addressing sustainability and climate-related issues. These standards mandate oversight of sustainability practices, measurable emissions reduction targets, and stakeholder transparency, positioning boards as environmental stewards. Non-compliance can impair asset values, reduce earnings, and erode investor trust.
With such standards, mining companies are set to establish trust among their stakeholders, thus attracting more investments with the promise of sustainability.
Gospel of Circular Living
The concept of a circular economy is fundamentally aligned with the principles of sustainability, focusing on reducing waste, maximizing resource efficiency, and promoting environmental regeneration. Unlike the traditional linear economy, which follows a "take-make-dispose" model, the circular economy emphasizes a closed-loop system where materials are reused, repaired, refurbished, and recycled to create a more sustainable, restorative system.
Viewing mining through the lens of the papal encyclical Laudato Si reveals the tension between humanity's resource needs and the moral duty to protect the planet. At a Vatican meeting on “Mining for the Common Good,” Pope Francis voiced concerns about profit-driven economic models that overlook environmental and human impacts. He advocated for a "circular economy" in mining, emphasizing resource reuse and waste reduction.
Circularity is essential in mining operations. Philippine mining companies must submit an annual environmental protection and enhancement program detailing measures to minimize extraction's adverse effects, including waste and tailings reduction, efficient water management, riverbank stabilization, progressive mine rehabilitation, and recycling of materials like tires and non-biodegradables.
The DENR complements the shift to a circular economy and low-carbon energy system through the Green Economy Program of the Philippines (GEPP). This initiative emphasizes integrated waste management and green technology. The GEPP aims to involve all government levels and private sectors in policy formulation and energy efficiency promotion.
Rohitesh Dhawan, CEO and President of the International Council on Mining and Metals (ICMM), describes how circularity can be made more impactful in an October 2024 report: “To achieve a circular economy at scale, innovative solutions are needed for both process and product.”
Treasure in Transition
The imperative to transition to a greener future embodies a paradox. The human activities driving carbon emissions are simultaneously vital for sustaining electrification, creating a delicate equilibrium between often opposing societal forces.
Consider the Tesla Model 3 that has a 50-82 kWh lithium-ion battery, using 2170 Nickel-Cobalt-Aluminum (NCA) batteries before 2023, and 2710 Nickel-Cobalt-Magnesium (NCM) batteries in vehicles manufactured in China and Berlin. Recently, Tesla adopted Lithium-Iron-Phosphate (LFP) batteries for the standard Model 3 (2021-2023). This highlights a critical issue: EVs rely on batteries, which require minerals, and minerals necessitate mining. This theme is central to Ernest Scheyder’s recent book, “The War Below: Lithium, Copper, and the Global Battle to Power Our Lives,” which examines the conflicts arising from the demand for essential metals.
Scheyder illustrates the complex interplay involving mining companies seeking to extract metals for value and revenue, residents opposing mine construction but seeking job security, environmentalists who acknowledge mining for the green revolution while striving to protect ecosystems, and regulators navigating both socio-economic interests and governance rules.
Identifying barriers to decarbonization in mining is crucial, particularly economic dependence. This reliance can foster resistance to decarbonization due to fears of job losses and economic decline. Transitioning from fossil fuels requires substantial investment, limited financing options, and community support, posing political and social challenges. Infrastructure limitations complicate matters. Effective decarbonization demands modern infrastructure, including reliable energy sources and efficient transportation networks. In many regions, inadequate infrastructure hampers energy project implementation and cleaner technology adoption, leading to stalled initiatives or increased costs. Technical challenges also arise in scaling up new technologies, which often require trailblazing research and development. This technological gap hinders the adoption of practices that could reduce carbon footprints. According to the Rockefeller Foundation, the Philippines needs approximately $9 billion to bolster renewable energy efforts, a figure that could rise to $165 billion by 2050.
The regulatory framework is another critical factor. Inconsistent or weak regulations and bureaucratic gridlock can lead to slow development. Absent fair and firm guidelines, companies may prioritize short-term profits over long-term environmental responsibility, thereby stalling progress in reducing carbon emissions.
Global market pressures can also impact the mining sector’s decarbonization efforts. Fluctuating commodity prices may deter companies from investing in sustainability initiatives.
Furthermore, supply chain emissions present another layer of complexity, as controlling emissions from suppliers and transportation can complicate overall decarbonization strategies. Awareness and education play a vital role in this context. A lack of understanding about the benefits and importance of decarbonization among stakeholders can hinder progress.
Despite these challenges, there are opportunities conducive to decarbonization within the mining industry. Electrifying operations by transitioning to EVs and equipment can lower emissions, particularly when powered by renewable sources. BloombergNEF’s 2023 report noted that lithium-ion battery costs have dropped dramatically during the previous ten years, reaching a record low of $139/kWh last year, due to increased production capacity and falling raw material costs. By 2030, advancements like solid-state electrolytes and anodes are expected to lower costs to $80/kWh.
The Philippines, rich in valuable metals like nickel, copper, and gold, has a combined value of $0.4 to $1 trillion. With adequate government support and a robust platform, it could position itself as an EV hub to rival Southeast Asia’s first battery plant in Indonesia.
On the other hand, integrating renewable energy sources, such as solar, wind, and hydropower, can significantly reduce reliance on fossil fuels.
For example, in 2018, Ipilan Nickel Corporation (INC) established a mini-hydro power plant with a 6-kW capacity to provide free electricity to the Indigenous community in Sitio Mararag, Barangay Maasin, Palawan. Since 2019, this facility has continuously supplied 220 volts to at least 32 households, including the Mararag Day Care Center. In 2022, the company also installed solar-powered lamp posts and plans to expand its solar initiatives, further supporting a cleaner environment.
Moreover, INC has initiated a 25-hectare mangrove plantation in the brackish waters of Española, Palawan, contributing to coastal protection and environmental restoration. If replicated across regions and industries, these efforts could be pivotal.
In compliance with DENR Administrative Order No. 2018-19, which sets strict limits on land disturbance and mandates immediate replanting or rehabilitation, mining companies are expected to implement comprehensive rehabilitation and reforestation efforts that not only restore biodiversity but also absorb CO₂. This can be strengthened by adopting circular economy practices that minimize waste.
Carbon pricing is another avenue worth pursuing. By creating a market for carbon credits, companies can receive financial incentives to lower emissions, encouraging innovation and cost-effective carbon footprint reduction strategies.
Governments are increasingly offering regulatory incentives to companies investing in green technologies, which could handsomely reduce costs—a strategy the Philippines should consider seriously.
Finally, stakeholder pressure is rising, with investors and consumers demanding more sustainable practices and driving companies toward adopting decarbonization strategies.
Balancing these opportunities and challenges will be crucial for the mining industry as it navigates the path toward effective decarbonization.
Min(e)d Your Business
A collaborative and multifaceted approach is required to overcome the barriers to a low-carbon future in the mining sector. Stakeholders can harness a culture of stewardship from initiatives like the DENR's green transition, clear and efficient regulatory policies, tax and financial incentives, international standards like the TSM model, meaningful sustainability disclosures, investment in renewable energy and carbon rights, upscaling circular economy practices, and access to research and technology.
Achieving net-zero emissions by 2050 may seem like a piper’s dream, but with every ambition turned into action, decarbonization can come within reach. The world watches—with bated breath.
Atty. Noel B. Lazaro, Atty. Eveart Grace Pomarin-Claro, Judd Yonder L. Reyes, and Marielle Marbella are key members of the Legal and Regulatory Affairs Group at Global Ferronickel Holdings, Inc. (FNI).
They were honored with the In-House Legal Team of the Year 2024 Best Practice Management Award (Corporate Social Responsibility) and were shortlisted for In-House Legal Team of the Year 2024 in the Energy and Natural Resources category by the In-House Community (IHC). The IHC represents over 21,000 in-house legal professionals across Asia and the Middle East and received a record 206 nominations in 2024 across 14 jurisdictions.
They were also celebrated at the Asian Legal Business (ALB)–Philippine Law Awards 2024, organized by Thomson Reuters, where they received the In-House Team of the Year 2024 (Construction and Real Estate) award and were finalists in the Philippine In-House Team of the Year 2024 and In-House Team of the Year 2024 (Innovation) categories. Atty. Lazaro was named among the Top 5 Philippine In-House Lawyers of the Year 2024.

Bridging Science and Law
It has been almost four decades since I have worked in the resources and energy industry. My career history can be set against the backdrop of the ups and downs of the industry starting from the time I began working as a government petroleum geologist up to the present where I am both a government regulator and a private law practitioner.
I witnessed the paradigm shift in the industry when environmental protection became the norm in the 80s and indigenous peoples' rights were given legal recognition in the 90s. The millennium saw how green energy transition and digital transformation drove companies to adhere to the ESG framework extending sustainability beyond environmental issues to encompass climate change, human rights, monitored revenues, and strict adherence to laws.
I embarked on a geology course upon the persuasion of my parents who wanted me to have a stable and relatively high-paying job. A relative was gainfully employed as a structural geologist in a government corporation and my parents believed that the profession offered numerous opportunities for career advancement.
So, there I was, a wide-eyed high school graduate from a small parochial school, enrolled in UP in a freshman block composed of 15 geology and 15 engineering majors. The group was a merry mix-up of kids from both exclusive and public schools, and uber-smart guys from Xavier School and Philippine Science High School who ate advanced calculus for breakfast. Our block president became active in university politics and was elected as University Student Council Chair, a prelude to his eventual rise as senator of the republic. Many in our freshmen block pursued their PhDs in geology while surprisingly, a good number became lawyers like me.
Amidst the political turbulence and economic chaos brought about by the assassination of Benigno “Ninoy” Aquino, I obtained my geology degree. Little did I realize that graduation from the university was just the beginning of the real challenge. Employment in the geoscience field depended highly on the price of commodities, particularly metals and oil. We entered the job market when metal and oil prices in the eighties were depressed. Qualifying for a geoscience job in the resources industry was difficult. The options were either being employed as a contractual worker in government or staying in the university as a research assistant while pursuing graduate studies. Private companies were not hiring and in fact retrenching their technical people.
In the 1970s, copper prices trended upward and peaked. The country’s copper production continued and boomed until 1980 when output recorded its highest production. Meanwhile, the 1973 energy crisis, also known as the Oil Shock of 1973–74, was a period of skyrocketing energy prices and fuel shortages resulting from an embargo by Arab oil-producing nations in response to U.S. support for Israel during the Yom Kippur War. These periods saw the initial boom and increase in demand for geologists.
However, in 1986, Saudi Arabia grew tired of attempts to stabilize the oil glut in the market by curbing its output and increasing oil production from two to five million barrels of crude oil per day. Between August 1985 and August 1986, crude oil prices plummeted from $28 per barrel to $8 per barrel before stabilizing at $18 per barrel.
During the oil price decline, copper prices also recorded low prices brought about a decline in demand for the metal. The world recession in 1982 – 1984 also pulled down copper prices further dampening demand, which fell more steeply than crude oil.
In the 1980s, the Philippine mining sector started its decline with the closure of several mining companies due to the financial crisis and the occurrence of several mining accidents. Inflation brought about by the debt moratorium crisis in 1983 and unstable political environment, devalued the Philippine peso effecting an increase in the costs of mining production, materials and equipment. Aggravating the situation were the economic crisis and political unrest in the Philippines in the mid-eighties. There were basically limited employment opportunities for new geology graduates at that time.
As a twenty-year-old and fresh from the university, I was practically forced to accept any technical job offered to me. My family was concerned that I would just be bumming around the house after graduation, so I accepted a job as a contractual cartographer at the Bureau of Energy Development (BED) under the then Ministry of Energy. Friends and classmates chided me as overqualified for the job and described my work as nothing but a glorified draftsman.
Beggars can’t be choosers because there were no permanent positions for new geology graduates who have not even hurdled the board examinations. Thankfully, BED management gave us, the new graduates, leeway to review for the board exams. The senior geologists also provided us with a collection of review materials and past examinations for our guidance. However, human resources cautioned us that we would lose our jobs if we fail the board exams. So, we used our allocated time in the afternoon to study and attended review classes in the evening.
In August of that year, a few months after graduating and getting employed in April, I took the board exams. After passing the licensure exams and becoming a registered geologist, I was regularized and became a permanent government employee with the title junior science research specialist.
Fortunately, when I entered the BED, there was an existing World Bank-funded project called “Petroleum Exploration Promotion Project”. The Project aimed to rekindle the interest of petroleum companies in exploring for oil and gas in the Philippines by undertaking a nationwide evaluation of the petroleum potential of the country’s fifteen (15) onshore and offshore sedimentary basins. Aeromagnetic and offshore seismic surveys were undertaken and the information generated was integrated with comprehensive regional basin evaluation studies. The more prospective Northwest Palawan and Reed (Recto) Bank areas in the West Philippine Sea were subsequently included in the study. Complementing the Project was a grant from Petro-Canada International Assistance Corporation, which acquired additional seismic data in selected offshore areas.
The Project also aimed to strengthen the exploration knowhow and technical capabilities of the government implementing entities - the BED and the Philippine National Oil Company Exploration Corporation (PNOC-EC). It was an effective mechanism of training the Filipino technical staff involved in the Project and I was a beneficiary of the knowledge transfer. My colleagues and I were mostly young geologists and geophysicists with very little exploration experience when we joined the BED.
It was in the Project where I initially learned the ropes of petroleum exploration. I was exposed to several aspects of exploration from seismic data acquisition, processing, and interpretation when I was assigned to the geophysics section. It was an effective on the job training for me as I was under the supervision of World Bank foreign consultants and Filipino senior geoscience professionals seconded to the BED from PNOC-EC.
During the marine seismic survey conducted by Petro-Canada, I was sent aboard the research vessel to familiarize myself with the seismic data acquisition process. Marine data acquisition was conducted by using seismic vessels outfitted with sources and streamers that are towed behind the ship. I was seasick for the first few days and was advised to stay in the cabin. When I recovered from motion sickness, my job was to assist in the lay-out and design of the survey lines. I also helped in the quality control of the initial data generated.
It was a spectacular feeling of being out in the open sea. The rhythm of the waves and the wind can help clear the mind and make one feel more connected with nature. I also experienced the sight of so many marine life like dolphins, sharks, flying fish, box jellyfish, and sea birds.
The raw seismic data were then sent to the data processing center. The recorded seismic signals were analyzed to filter unwarranted noise to create an image of the subsurface and enable geological interpretation and identify structures for petroleum accumulation. Under the Project, PNOC-EC set up their own seismic processing center funded by their own loan from the World Bank. Part of my training as a geophysicist was my assignment to PNOC-EC’s Data Processing Center to understand how seismic data are prepared for analysis and interpretation. Seismic data were stored in magnetic tapes and once processed were printed on paper sections.
Seismic interpretation was the last stage in seismic exploration and used to infer the geology at certain depths from the ocean bottom. In the 1980s, data were first reproduced from sepia films using ammonia-based blue printing machines. Seismic interpretation was still done manually on paper sections of two-dimension data using colored pencils. At that time, we pressed our face sideways against the paper seismic sections spread across a long table. By looking sideways, we were able to trace subsurface horizons and large structural traps that could hold oil and gas deposits. We also encoded data and made structural contour maps manually without the aid of modern computer workstations and basin modeling software. The structural maps generated are then incorporated with other geoscience data to create drilling prospects. The exploration geologist would then have to convince higher management that the mapped prospects contained petroleum in commercial quantities.
In addition to mentoring us in the basics in seismic exploration, BED management also allowed us to attend short in-house advanced training courses organized by the World Bank. Foreign experts were engaged and flown to the Philippines to conduct these one-week training courses. The classroom seminars and workshops allowed us to fully understand the theoretical and analytical concepts behind petroleum exploration.
With the change of government after February 1986, and the marked improvement and stabilization of oil prices towards the end of the year, things began to pick up for the upstream petroleum industry. The results of the assessment of the petroleum prospects were assembled in the form of a promotional package contained in 70 sets of a 12-volume report which consisted of a project summary, six volumes of texts and appendices, four atlas volumes and one supplement. The promotion of the Project was finally implemented in 1987 with roadshows conducted by senior government energy officials in major cities in the world to entice foreign oil companies to explore in the Philippines.

Following the conclusion of the World Bank project, management decided to send me abroad to attend a graduate diploma course on petroleum exploration and production. I was sent to Europe for further technical studies at the Norwegian Institute of Technology located in the university city of Trondheim, north of Oslo. Norway is a major petroleum producing and exporting country tapping the vast marine wealth of the North Sea, one of the busiest but treacherous bodies of water. It has an international assistance program for developing countries like the Philippines, which funded the studies and training of young professionals in different technical fields.
Norway also boasts to have the world’s largest sovereign wealth fund, a government-run investment fund that invests in assets such as stocks, real estate, and bonds. The aim of the fund is to ensure a long-term management of revenue from its oil and gas resources, so that this wealth benefits both current and future generations. Investments are spread across most markets, countries, industries, and currencies to achieve a broad exposure to global growth and value creation and ensure good risk diversification.
Selected geologists from around the world were provided scholarships to study specialized subjects in petroleum exploration and production by the Norwegian aid agency. For ten months I was back at the university, imbibing highly technical subjects together with other international students. I studied with inquisitive mainland Chinese whose country was then starting to liberalize their economy and super competitive Indians who have to pass a battery of government examinations to win the scholarship. There were also other Asians, Africans, South Americans, and Europeans with different levels of experience.
A small Filipino community existed in Trondheim composed of nurses and their families, and Filipinas who were married to Norwegians. They took good care of Pinoy scholars, and certainly made life bearable in a far and cold country. At that time, the world was not that globalized yet and Norwegians in a small town have very limited encounters with Asians. Except for a few Vietnamese “boat people” refugees who sought political asylum in Norway from their communist government, Norwegians have but a few interactions with young, dark-haired East Asians like me. On several occasions inside the public bus and train, I noticed blonde, blue-eyed descendants of Norsemen staring and smiling at me. Perhaps my “exotic” looks back then were the precursor of the present K-pop phenomena. If you dare to ask me whether I have had a Scandinavian girlfriend, that is best left narrated in another article.
When I returned to the Philippines after my scholarship, it was the time when the Philippines began to reap the fruits of the success of the World Bank Project. During the late eighties to early nineties, the country was on the radar of large petroleum exploration companies like Exxon, Shell, British Petroleum, Chevron, Atlantic Richfield, Occidental, and other majors. The release of the Report coincided with the discovery of the Camago-Malampaya natural gas field by Occidental and Shell, and the start of oil production from the West Linapacan by Alcorn Petroleum.
It was a bullish era for the upstream petroleum industry. The BED now renamed as the Office of Energy Affairs, following the reorganization and downgrade of the Ministry of Energy by President Corazon Aquino, was busy managing petroleum service contracts and applications. It was then the opportune time to harness my newly acquired technical knowledge. But the irony in government service is that the moment one begins to climb the career ladder, more administrative work is assigned to the individual. In my case, I was charged with more compliance review work addressing the technical and financial qualifications of applicants for production sharing agreements and service contracts.
They say that if you want to see the world, then be a geologist. While there are certainly numerous opportunities for graduate studies and employment abroad for geologists, the profession also has inherent occupational and personal security risks. Field geologists often work in remote, harsh, and unpredictable environments, where they may encounter natural hazards, wildlife, accidents, or even violence. They explore frontier areas rampant in banditry, insurgency, and lawlessness.
My best friend in college who entered the BED with me at the same time, met a tragic accident off the waters of Tablas Island in Romblon province during fieldwork. He was a good swimmer, but he lost his young life trying to save another friend and colleague from drowning when their speedboat capsized in choppy waters. Both died in the accident, and it was such a terrible reminder to the office not to take safety precautions lightly. It was truly heart breaking on my part to inform his parents about his death. A sad day indeed when I was also tasked by the office to retrieve his remains from Romblon and bring him home through a chartered eight-seater plane arranged by the government.
Another blockmate from UP who has a PhD also perished in a helicopter crash together with a nationally renowned volcanologist while doing aerial survey work in the Sierra Madre for the Philippine Institute of Volcanology and Seismology. Geology is indeed a fascinating and rewarding field of study, but it also comes with many risks and challenges. Geologists also face pressures, such as long hours, deadlines, and numerous travel which take them away from their family and friends.
Why did I pursue a career in law?
(To be continued)
Fernando “Ronnie” S. Penarroyo specializes in Energy and Resources Law, Project Finance and Business Development. He is also currently the Chair of the Professional Regulatory Board og Geology, the government agency mandated under law to regulate and develop the geology profession. Atty. Penarroyo was recently awarded the 2024 Distinguished Alumnus Award for Geosciences by the UP Alumni Association. For any matters or inquiries in relation to the Philippine resources industry and suggested topics for commentaries, he may be contacted at fspenarroyo@penpalaw.com. Atty. Penarroyo’s commentaries are also archived at his professional blogsite at www.penarroyo.com
Reference:
The World Bank, Report No. 8891 “Project Completion Report: Philippines Petroleum Exploration Promotion Project (Loan 2201-PHL)”, 29 June 1990, https://documents1.worldbank.org/curated/en/422601468333040235/pdf/multi-page.pdf

A Tale of Two Cities: Navigating the Eco-Battlegrounds Rule Under the Writ of Kalikasan
By Noel B. Lazaro and Mary Louisse S. Inguillo
Elizabeth Fisher, a renowned legal scholar at the University of Oxford, reminds us that environmental law isn’t a “magic wand.” Laws alone do not guarantee “happy ever after” endings. On July 8 and 9, the Malcolm Theater at the UP College of Law became a hub for the BIICL Global Toolbox on Corporate Climate Litigation, stirring discussions on legal responses to environmental issues and the judiciary's vital role. However, the effectiveness of legal remedies, particularly the groundbreaking Writ of Kalikasan, received limited spotlight.
This article examines recent court actions on the territorial scope of ecological damage to justify the writ and its potential to redefine environmental justice.
Understanding the Writ of Kalikasan: Criteria and Implications
Introduced by the Supreme Court in 2010, the writ is a beacon in Philippine law, addressing major environmental concerns such as oil pipeline leaks, open dump sites, hazardous plastic use, and GMO experimentation. The foundational case of Paje v. Casiño (G.R. No. 207257, February 3, 2015) highlights its role in offering judicial relief where legislative and administrative actions have fallen short.
Under the Rules of Procedure on Environmental Cases, the writ can be sought by individuals, entities, or groups on behalf of those whose constitutional right to a balanced and healthful ecology is violated or threatened. It requires evidence of environmental harm to life, health, or property in "two or more cities or provinces."
Despite its significance, many remain perplexed about the writ's impact and why certain activities persist even after its issuance. This confusion stems from the two types of writ: The first is a preliminary or peremptory writ, issued immediately after filing a petition, which requires a respondent to answer under oath within ten days but does not halt perceived violations. To this category belong the successive writs issued by the Supreme Court in 2023 to mining companies in Romblon (Batan v. Mines and Geosciences Bureau, G.R. No. 265146) and Palawan (Indigenous Cultural Communities of BICAMM Ancestral Domain, Brooke’s Point, Palawan v. Office of the Secretary of the DENR, G.R. No. 268140) without stopping their operations. The second is a judgment on the privilege of writ, issued after pleadings or affidavits and a trial. If granted, this writ can mandate actions such as permanently stopping certain acts or directing government or private entities, or individuals, to preserve, rehabilitate, or restore the environment. Only the Supreme Court or the Court of Appeals issues the writs.
Territorial Environmental Damage: An Iron-clad Requirement?
On May 14, 2024, the Court of Appeals addressed a petition for a writ of kalikasan in Batan v. Mines and Geosciences Bureau (CA-G.R. SP No. 00037-WK) after the Supreme Court referred the case to it to hear evidence and render a decision. Following a widely reported clash between police and protesters, the Bantay Kalikasan ng Sibuyan sought to stop Altai Philippines Mining Corporation (APMC) from operating in San Fernando, Sibuyan Island, Romblon because of APMC's lack of environmental compliance certificate and community acceptance. However, the Office of the Solicitor General and APMC questioned whether the allegations met the required scale of damage.
After proceedings, the court deemed the privilege of the writ inappropriate because the harm if true was limited to a single municipality within an island province. The conclusion reflects the Supreme Court’s tendency to deny this type of writ without proof of widespread ecological damage.
Consider LNL Archipelago Minerals, Inc. v. Agham Party List (G.R. No. 209165, April 12, 2016), where the evidence failed to show how constructing an access road on a low ridge impacts the communities of Zambales and Pangasinan; Braga v. Abaya (G.R. No. 223076, September 13, 2016), where the bidding process for expanding Sasa Wharf in Davao City was not considered a threat to residents of multiple cities; Dela Cruz v. Meralco (G.R. No. 197878, November 10, 2020), where the installation of transmission lines at NAIA III in Pasay City involved only a narrow strip across two barangays; and Citizens for a Green and Peaceful Camiguin, Sulog Inc. v. King Energy, Inc. (G.R. No. 213426, June 29, 2021), where concerns over a diesel plant were confined to Camiguin island comprising municipalities.
The Reluctant Protector
In contrast, the Court of Appeals recently granted the privilege of writ to halt the propagation and sale of Golden Rice and Bt Eggplant (Magsasaka at Siyentipiko Para Sa Pag-unlad ng Agrikultura v. Secretary of Department of Agriculture, CA-G.R. SP No. 00038-Kalikasan, April 17, 2024), and to order the listing of non-environmentally friendly plastic products (Oceana Philippines International v. National Solid Waste Management, CA-G.R. SP No. 00035-WK, July 9, 2024), citing potential “national impact” in both petitions.
And there lies the rub. What about “localized” damage following the Sibuyan template? Much like solutions for the Anthropocene, the answer can be elusive or inadequate. Fortunately, legal innovation thrives. The absence of a writ should encourage exploring alternative avenues, recognizing that appellate courts may lack the time and expertise to resolve technical disputes thoroughly and that administrative agencies or lower courts with specialized training are better suited for such assessments.
In other words, reliance on the role of appellate courts in environmental protection assumes what environmental law experts like Fisher, Lange, and Scotford describe as “an almost paradoxical” exercise of simultaneously seeking the “importance and limits” of judicial involvement in environmental law. Thus, it is imperative to develop “specialist environmental tribunals” (Environmental Law: Text, Cases and Materials, 2nd Ed. [2019]) or revitalize “green benches” created under SC Administrative Circular No. 23-2008 to customize the writ for lower courts and bring it closer to the communities.
For example, marginalized groups and witnesses traveling from Luzon’s isolated areas to Manila for watershed destruction hearings face high costs, logistical hurdles, or personal risks, often discouraging the pursuit of the writ. Another troubling illustration is seen in Abogado v. DENR (G.R. No. 246209, September 3, 2019), where fisherfolk of Kalayaan Islands and Zambales either withdrew their petition or became unreachable after filing it at the Supreme Court.
Revisiting the writ’s stringent requirements, establishing evidentiary presumptions, reconsidering the burden of proof, and limiting appeals could address critical gaps. None of this is easy. But the lesson of the tragedy of the commons also demands collective disruptions of the rules. As Justice Marvic M.V.F Leonen admits, “[W]e cannot presume that only the Supreme Court can conscientiously fulfill the ecological duties required of the entire state.”
Meanwhile, advocates will continue pushing for single political subdivisions, like the treasure islands of Bohol and Palawan, to be included within the writ’s ambit. After all, environmental issues transcend boundaries. But until the eco-battlegrounds change, petitioners must navigate the un-fairy tale requirement of two or more cities or provinces.
Noel B. Lazaro is a director and general counsel at Global Ferronickel Holdings, Inc. His extensive practice spans diverse fields, including environmental litigation. He was an associate at SyCip Salazar Hernandez & Gatmaitan and a partner at Siguion Reyna, Montecillo & Ongsiako. A UP College of Law graduate, he teaches evidence, special proceedings, and special writs at law schools.
Mary Louisse S. Inguillo is a senior legal officer at Platinum Group Metals Corporation, specializing in corporate law and litigation. She acts as corporate secretary for various companies. A DLSU-Tañada-Diokno School of Law graduate, she lectures on special proceedings and criminal procedure at law schools.

Regulating the Geology Profession
I applied for the position of Chairperson of the Professional Regulatory Board of Geology (the “Board”) in 2019. My ordeal started with the submission of my personal data sheets filed under oath, curriculum vitae outlining my academic and career history, and clearances from various government agencies to affirm the fact that I have had no past or existing criminal and administrative cases. I went through an interview process before two Members of the Professional Regulations Commission together with other aspirants for the position.
In 2022, I was asked to resubmit all the documents and I thought that since the pandemic was still ongoing, the documents just got misplaced along the bureaucratic lane. One fateful day, I received a call from the Office of the President and I was told to go to Malacanan Palace and was instructed to wear a Barong Tagalog for the occasion. Other than that, the person on the other end of the phone was curt and offered no further information when asked for the reason. So off I went to the Palace on a Sunday afternoon. My entry to the palace, however, met some hitch because security officers required a current COVID-19 swab test before I was allowed access. The person who I spoke to over the phone made no mention that I should get a test beforehand. Fortunately, the Palace has a testing facility. So after the swab sample taken from the far back of my nasal cavity turned out negative, I was finally allowed ingress. I was seated with other people wearing their finest Filipinianas when suddenly, out of the chamber came out two high-ranking government officials. Lo and behold, we were informed that our appointments for the government posts we applied for have been signed by then President Duterte. After the usual congratulatory speeches, pep talks, handshakes, and fist bumps, we were then instructed to go to our respective agencies for the mandatory oaths of office so we can commence our engagements.
Thus began my second career in government as I worked as a geologist before at the then Ministry of Energy before I became a lawyer. It has been more than two years now since I headed the Board that supervise and regulate the practice of the geology profession. There is no denying the importance of Geology, the science that deals with the earth, its structure, composition and history. Few fields of study can play such a profound role in protecting people's lives. Geology is so central to the lives of many Filipinos who are often threatened by natural hazards associated with earthquakes, volcanic eruptions, as well as landslides. Geology is also essential to the understanding, conservation and management of our environment. Moreover, geologists are essential in the search for and development of energy and mineral resources whose products are important to all aspects of modern life. Thus, Republic Act No. 10166, also known as the “Geology Profession Act of 2012”, describes the practice of geology as “vital to national development”.

Professional regulation is particularly essential for the practice of geology. A geologist who meets the regulatory requirements is given a certification by the Professional Regulations Commission (PRC) to earn the title “Registered Geologist”. Once a geologist is registered and certified, only then can the individual legally provide professional geological services. Data from the PRC indicate that as of July 2024, there are 3,669 registered geologists and 2,082 with valid PRC Identification Cards.
The regulation of the geology profession is necessary to protect the public and maintain confidence in the profession. The Professional Regulatory Board of Geology, mandated by legislation as the regulatory authority, is tasked to ensure that all registered geologists are effectively regulated to strict professional standards. As part of most professional regulatory requirements, individuals applying to be professional geologists must be able to meet the educational, experience, and fitness required by law and administrative regulations. Violations of the provisions of the Geology Profession Law entail the imposition of penalties.
There are numerous levels of regulating the geology profession: licensure examinations; registration and certification; continuing professional development; and career progression and specialization. The Board also provides a defined roadmap for the practice of geology.
In addition to these responsibilities, the Board must also establish and maintain professional and occupational standards, enforce rules and regulations relative thereto, investigate violations of ethical standards, and adjudicate administrative cases against erring professionals. Professional regulation protects the public by providing assurance that regulated professionals are competent and by providing means for imposing discipline and sanctions when necessary. In 2014, the Board adopted and promulgated the Code of Ethics for Geologists for the enhancement and maintenance of high professional, ethical, and technical standards for registered geologists. Through this code, the Board shall ensure that it recognizes its responsibility to the public that actions of registered geologists promote safety, integrity, and fairness, thereby encouraging public confidence in the profession.
Computer-based Licensure Examinations
A critical component of professional regulation involves the development, administration, and maintenance of the licensure examinations. The Board has the responsibility of ensuring the quality of the examinations, which cover the knowledge and skills necessary for competence in the profession. Test questions must meet established standards and are meticulously prepared in accordance with an approved Table of Specifications covering vital geoscience subjects. Questions are also peer reviewed and vetted by professional test consultants.
The Board was one of the first to implement the computer-based licensure examinations (CBLE) in the PRC-regulated professions having successfully conducted the first pilot testing of the CBLE for Geologists in December 2021. This was followed by a second and third CBLE in November 2022 and 2023.
The number of examinees has been increasing since the COVID-19 pandemic (Figure 1). In 2020, there were no licensure examinations but two examinations were given in 2021. The number of examinees since 2021 has been consistently increasing but it has not yet reached the over 400 examinees taking the exam during the three-year period before the pandemic.
The 47% passing rate for the 2023 CBLE is close to the middle of the band of passing rates, which has been between 40% and 60% in the last few years (Figure 2). Also, first timers have had a passing rate of between 54% and 82%. Repeaters have a passing rate of less than 40%.
Continuing Professional Development and Career Progression and Specialization Program
In addition to responsibilities related to the licensure examinations, the Board’s additional mandate includes assuring continued professional competence. Registered geologists need to undertake continuing training and development to ensure that they remain qualified, competent, and updated with the latest technological, environmental, and social responsibility developments.
Republic Act No. 10912 or the “Continuing Professional Development (CPD) Act of 2016” states that CPD Programs shall be formulated and implemented in the geology profession in order to enhance and upgrade the competencies and qualifications of registered geologists pursuant to the Philippine Qualifications Framework, the ASEAN Qualifications Reference Framework and the ASEAN Mutual Recognition Arrangements. The renewal of PRC professional license requires the registered geologist to earn CPD units or points through learning activities like training or learning seminars to develop and enhance their abilities, personal skills, and proficiency. The CPD points should be validated by the CPD Accreditation System.
Further, the CPD Law also mandates the PRC and the Board to formulate and implement a Career Progression and Specialization Program (CPSP) for the geology profession. The Board is mandated to issue guidelines for the formulation of the CPSP for inclusion in the Philippine Qualifications Register (PQR). The PQR is the national database of quality assured qualifications authorized under the Philippine Qualifications Framework (PQF). It provides information to employers, education and training providers and students. The information includes the Qualification Title, Qualification Descriptors, the PQF Level, the Authority-granting Agency, the Qualification Code, the Instrument and Date of Authorization.
The Board shall also formulate the CPSP for the profession to address the Pathways and Equivalencies of the PQF. Republic Act No. 10968 or the “Philippine Qualifications Framework Act” states that it is the policy of the State to institutionalize the PQF to encourage lifelong learning of individuals, provide employee specific training standards, and qualifications aligned with industry standards. A PQF shall be established which shall describe the levels of educational qualifications and set the standards for qualification outcomes. It is a quality-assured national system for development, recognition and award of qualifications based on standards of knowledge, skills and values acquired in different ways and methods by learners and workers of the country.
The Implementing Rules and Regulations (IRR) of the PQF Act provides for the aligning of domestic qualification standards with international qualifications framework. The IRRs aims to enhance recognition of the value and comparability of Philippine qualifications with global standards and support the mobility of Filipino students, workers and professionals. The PQF describes the levels of educational qualifications and official recognition of a person's learning achievements. It also sets the standards for the knowledge or skills gained by individuals after undergoing a certain learning or educational program.
Inspection and Monitoring
The Board is tasked under the Geology Profession Law to upgrade geology education and the quality of geologists whose standards of professional practice shall be excellent, world-class and globally competitive. Among the tasks in the Board’s regulatory and development functions are:
- Visit/inspect facilities, faculty, and equipment of schools offering geology courses and establishments employing professional geologists; and
- Recommend measures necessary for advancement of the geology profession through the preparation and implementation of professional competitiveness roadmap.
The inspection and monitoring of educational institutions and establishments are aimed to determine the compliance of educational institutions and establishments with the professional, ethical, and technical standards of practice set by the Board. Mandatory ocular inspection and monitoring activities are also conducted to keep track of the conditions affecting the practice of the geology profession. The Board conducts face-to-face and on-site inspection and monitoring to visit and observe the different physical facilities, laboratory, and equipment of educational institutions, government agencies, and private establishments employing geologists.
In the Board’s inspection and monitoring activities, it was noted that a substantial number of geologists employed in government agencies are engaged under contracts of services because of the lack of permanent plantilla positions. This has been attributed to difficulties in getting approval of proposed positions at the agency and Department of Budget and Management levels. Thus training of employees under contracts of service often times doesn't benefit the agency since these geologists ultimately leave government service to look for jobs with permanent tenures.
The Board also observed the lack of training and foreign scholarship opportunities for geologists employed in government regional offices due to the perceived unequal distribution and allocation of scholarships and trainings between the Central Office and the Regional Offices. In some instances, geologists from regional government offices lament the high costs associated with the renewal of PRC licenses, maintenance of active membership in the Geological Society of the Philippines (GSP), and participation in the Geological Convention (GeoCon), which is usually held in Manila especially if such activities are not subsidized by their agencies. The GSP is mandated under the Geology Profession Law to integrate all registered geologists into one national organization and where membership therein is automatic and mandatory.
Problems faced by geologists from regional government agencies also include working in limited office spaces, non-working geological equipment, and limited storage for rocks and minerals samples. However, government offices cannot request for assistance directly from private companies in procuring equipment and training programs because it may be violative of existing laws unless expressly allowed as assistance stipulated in government contracts like mining agreements and energy service contracts.
On the private sector side, the Board needs to strictly monitor expatriate geologists working in Philippine operations of foreign companies to make sure that they have all the mandatory requirements before being employed by their companies. Under the Geology Profession Law, only Filipino citizens can practice the geology profession in the Philippines. Foreigners are however, allowed if their country has official parity agreements with the Philippines. Under the “PRC Modernization Act of 2000”, the PRC shall upon recommendation of the Board, approve the registration of and authorize the issuance of a certificate of registration and license to a foreigner who is registered under the laws of his state or country. The foreign geologist shall secure a temporary/special permit from the Board prior to arrival in the country before he is allowed to practice in the Philippines.
Geologists employed in private companies have notably less foreign scholarship opportunities unlike those working in government. The Board recommends that private companies must provide scholarship opportunities to their employees similar to those offered in government agencies. This companies were also advised to subsidize their employees’ membership in the GSP and participation in the GeoCon where they can earn CPD points. Private companies should also apply as accredited CPD Providers since they often provide in-house trainings and seminars to their employees and the participants can then earn CPD points.

The Board also conducted inspection and monitoring of educational institutions offering geology courses to evaluate their compliance with regulations and standards. The inspection and monitoring usually cover a review of school facilities, curriculum, practicum programs, licensure passing rates as well as faculty qualifications. In most instances, the Board observed the alarming lack of instructors and limited number of full-time faculty in regional educational institutions. Some of the faculty members were not licensed geologists but were teaching geology subjects. In one particular institution, even the Department Head is not a degree holder of Geology. Some faculty members were not updated with their PRC licenses despite the fact that teaching geology courses falls under the definition of the “practice of geology”.
The Board also noticed the absence of laboratory courses for earth resources subjects. Mineralogy, Petrology, Paleontology and Economic Geology/Metalliferous & Non-metalliferous Deposits lectures need laboratory counterparts to deepen the understanding of these subjects by the students. urther, the rock and mineral collections need to be upgraded adequately to support these laboratory courses. One institution has no laboratory and inadequate rock and mineral samples. A substantial number of regional educational institutions need to upgrade microscopy, mineral, rock & fossil collections, science journals, and library facilities. Their graduates are only able to have exposures to a wide variety of mineral, rock, and fossil samples in Manila when they are already reviewing for the licensure examinations.
Regional institutions need to exert more effort to request assistance from mining and energy companies to augment their laboratory equipment and samples. Because of inadequate or limited graduate studies opportunities of their faculty, these institutions must formulate a comprehensive development plan for their department. They should encourage and support student and faculty participation in local and international trainings, internships, and conventions, through collaborations with foreign universities, government agencies, private companies, and development agencies. Also, they need to exert more effort to request assistance from government agencies such as the Department of Energy and Department of Environment and Natural Resources to augment their libraries and equipment. These agencies can channel training funds from petroleum service contracts and mining agreements to fund faculty development and scholarship programs. Geologists employed by government agencies and resources companies should also be encouraged and incentivized to serve as part-time lecturers for educational institutions to augment the need for qualified faculty members.
Based on the performance of the regional universities in the recent years’ licensure examinations, there is an urgent need to review and revise the geology curriculum and course descriptions. The Board in its inspection and monitoring realized that these institutions still adhere to the old curriculum thus leaving out important subjects covered in the licensure examinations. This puts their graduates at a disadvantage as shown by their low passing rates in the geology licensure exams. The Commission on Higher Education Technical Panel for Geology is tasked to revise the existing geology curriculum and address the lack of qualifications of some faculty members in these institutions.
Conclusion
The management of natural resources, protection of the environment, and mitigation of geohazard risks require skilled and experienced geologists. Population growth, energy and raw materials policy, de-carbonization, technological advances, and climate change have created more challenging responsibilities for geologists for the protection of the public. The regulation of geologists facilitate the codification of ethical practice, international mobility and comparisons of qualifications, and interchange of ideas and knowledge. The responsibility of the Professional Regulatory Board of Geology is to make certain of competent practice within the geology profession which starts at ensuring that educational institutions are able to produce world class and globally-competitive graduates. At the same time, licensure examinations remain critical as an entry to the profession and undoubtedly important for the Board since they must be maintained under high professional standards and transparency. The Board knows and understands its responsibilities and is well aware that it may suffer public censure and criticism if problems arise from the wrongful, negligent, and lax administration of its regulatory functions.
Fernando “Ronnie” S. Penarroyo specializes in Energy and Resources Law, Project Finance and Business Development. He is also currently the Chair of the Professional Regulatory Board of Geology, the government agency mandated under law to regulate and develop the geology profession. He may be contacted at fspenarroyo@penpalaw.com for any matters or inquiries in relation to the Philippine resources industry and suggested topics for commentaries. Atty. Penarroyo’s commentaries are also archived at his professional blogsite at www.penarroyo.com

Challenges and Outlook for the Construction Industry
The construction industry, a key contributor to the Philippine economy, generated about seven percent (7%) of the country’s gross domestic product in 2022. The recent COVID-19 pandemic affected the real estate and construction industry and caused financial burden due to additional health and safety requirements, project suspension and delays, and reduced productivity resulting from massive supply chain disruption, and material and equipment procurement difficulties. The construction sector is expected to see growth in the following years as the country’s economy recovers. However, raging inflation, high-interest rates, and global geopolitical instabilities are seen to challenge growth forecasts.
The industry has been characterized by declining efficiency and performance over the years. As the industry continues to evolve, it is likely that additional steps will be taken to address new and emerging issues. With economic activity in the country picking up, the Philippine construction sector is bound to face more challenges. This article discusses some of the major challenges faced by the industry and how they can be overcome.
Labor Shortage
The lack of skilled workers and professionals, ranging from architects and engineers to construction workers and equipment operators, create difficulties for contractors in hiring and retaining talent. The growing skills gap contributes to this labor shortage as the construction sector urgently needs skilled labor with the need to recruit over two million workers by 2025 to meet demand. This gap is attributed to limited training and educational opportunities, coupled with an aging workforce and Filipinos looking for better opportunities abroad. Incorporating construction technology may help in fixing the issue of labor shortage in the construction firms but the industry is also slow when it comes to adapting to new technology. By investing in training and modern recruitment strategies, construction firms can bridge the labor gap, bringing in fresh talent and new perspectives.
Cost Overruns and Construction Delays
Cost overrun occurs when a project exceeds its original budget due to unexpected expenses, delays, and other unforeseen factors impacting project management, construction firms, and the industry at large. The fluctuating cost of construction materials, including raw materials, challenges firms to forecast future expenses affecting project profitability. Poor productivity and lagging technological advancements lead to delays and increased costs.

Delays also pose a major challenge in the industry, significantly affecting construction firms and the entire supply chain, given the complex nature of construction projects, which involve numerous stakeholders like subcontractors, suppliers, and project managers. Supply chain disruptions are a leading cause of these delays. The construction sector depends on the prompt delivery of materials and equipment, and any interruption in the supply chain can lead to significant project setbacks. Factors such as natural disasters, transportation difficulties, or sudden regulatory changes can also disrupt material delivery.
Corruption
A report citing confidential interviews with industry players indicated that construction companies allot up to thirty percent (35%) of their budgets for infrastructure projects to pay off government officials and employees preventing them from causing any further delays. This causes companies to compromise other parts of the construction such as the quality of raw material, in order to accommodate the additional cost and to keep the projects moving.
Fifteen to thirty-five percent (15-35%) of the expenses were spent on “other costs of doing business” while construction companies have to maintain a net income margin of eight to fifteen percent (8-15%) no matter the costs. Since the budget for a project was already fixed, other parts of the project sometimes suffered for those “other costs”. Additionally, the poor quality of buildings, partly linked to corruption, makes the country vulnerable to natural hazards such as earthquakes and typhoons.
Other Emerging Issues and Challenges
Other risks and challenges include barriers to the implementation of green building practices, declining efficiency and performance of the industry, and occupational health and safety concerns. Occupational health and safety in construction projects is a critical concern, with a need for risk management and mitigation strategies. The rapid growth of construction projects has also led to the generation of high amounts of construction waste and excessive resource consumption, resulting in adverse environmental impacts. The industry's efficiency and performance have been declining, which has a significant impact on pollution. Moreover, there is a lack of infrastructure and connectivity that hinders inclusive growth and requires substantial investments.
The Future Outlook of the Construction Industry
Despite the challenges, the industry faces exciting prospects with key trends and potential opportunities that will ultimately determine its fate. While daunting, each of these hurdles presents an opportunity for growth and innovation. In a nation poised for significant transformation, the industry holds the key to economic progress, infrastructural advancement, and the adoption of sustainable practices.
Affordable housing. The government is ramping up efforts to address the shortage of affordable housing units in the country, particularly for the low-income sector. The government has launched several initiatives to address the shortage of affordable housing including the establishment of the Housing and Urban Development Coordinating Council, creation of a housing finance company, and implementation of various socialized housing programs. Additionally, the government has implemented tax incentives for developers engaged in building low-cost housing units and has also established a fund for housing financing.
Development of new urban centers. The government is pushing for the development of new urban centers outside Metro Manila to decongest the capital and spur economic growth in other regions. This includes investment in infrastructure and the creation of economic zones to attract investment and create jobs. Urban planning, in particular, is a critical aspect that will shape the industry’s future. However, the country is known for its unique set of laws and permits that can sometimes lead to delays and bureaucratic hurdles. Balancing this need for effective urban planning with environmental concerns, historical preservation, and infrastructure demands will require careful coordination.

Further, the industry faces challenges related to land use, zoning, and local government policies, which can vary from one region to another. These diverse regulatory frameworks demand a high degree of adaptability from construction firms, while they work effectively within this multifaceted regulatory environment. If the construction sector including the way the government handles business permits, were modernized and made digital, the value of the industry could reach up to P130 trillion from P2.3 trillion in 2018, which would increase the number of jobs in the industry. Without modernization, the industry’s value could go up to only P43 trillion in 2030.
Infrastructure development. The government aims to embark on a multi-billion dollar infrastructure development initiative that will upgrade the country's infrastructure, including airports, seaports, highways, and bridges by working with the private sector to finance, build, and operate these projects. With a rapidly growing population and the need for modernization, the government is setting aside substantial funds for ambitious development initiatives in infrastructure projects, which include road networks, public transportation, and utilities. These investments not only promise economic growth but also open doors for construction firms to secure major projects. Again, this rosy outlook is met with the real-world challenge of efficient project management and strict compliance with regulations.
Environment-friendly construction practices. The construction industry lags behind other sectors in its response to the problems of the environment. Construction companies should be encouraged to continuously search for inputs and ways of working which will minimize the negative impact of construction activity on the environment. There is a growing interest in green building and sustainable construction practices, as developers look to create projects that are more environmentally friendly and energy efficient. On its part, the government is promoting green building and sustainable construction practices through various initiatives, including the establishment of a green building council, the creation of a green building rating system, and the implementation of tax incentives for developers who build environmentally friendly projects. However, green building implementation is hindered by barriers related to social and economic aspects of sustainability. Additionally, the government is encouraging the use of renewable energy sources, such as solar and wind power, in construction projects.
Advancements in Construction Technology. The future of the construction industry is intricately tied to technological advancements. As the world embraces innovative construction methods and materials, the Philippines is poised to follow suit. Additionally, adopting these emerging technologies can enhance workers' and contractors' safety on construction sites. However, even when construction firms recognize the advantages of these technological solutions from design to execution, securing the necessary funding often presents a significant obstacle.
Integrating modern technology promises efficiency, cost-effectiveness, and safety improvements in the country. This includes the adoption of Building Information Modeling, drones for site inspection, 3D printing, and automation in construction processes. However, these advancements are met with the practical need for training the workforce and addressing infrastructure challenges, such as reliable internet access and a lack of funding. With some exceptions, the sector remains a technology laggard and is struggling to get to grips with data and analytics. Major technology players are already eyeing up the sector, seeking to use their data mastery and fast innovation to steal market share.
A Growing Focus on Safety and Compliance. The next few years in the Philippines would focus on safety and adherence to codes and standards in construction. The reason for this is a heightened awareness of improving employee welfare in the industry. Safety policies, conducting safety training and regulation at a high level, will be further implemented by both workers and investors. Moreover, as the industry expands, meeting these standards is critical not only for the well-being of workers but also for securing contracts and maintaining a positive reputation for the Philippines construction industry.
Skilled Labor and Workforce Development. As the demands of construction projects become more complex and diverse, the need for well-trained professionals also becomes more evident. From architects to tradespeople, the Philippine construction industry requires individuals with expertise in cutting-edge construction methods and technology. One solution is investing in training and education programs to bridge the skills gap, particularly focusing on younger, tech-savvy generations. Modernizing recruitment methods and offering competitive benefits can make the construction industry attractive to potential employees. Further, embracing technological advancements, such as automation and digital tools, can compensate for the workforce deficit and enhance productivity. In order to meet these demands, workforce development programs and educational initiatives have to emerge. A forward-looking approach recognizes that a skilled labor force is central to the industry’s success and the realization of its future potential.
Environmental, social, and governance (ESG): On the one hand, engineering and construction (E&C) companies aim to be at the frontline of delivering sustainable infrastructure, energy production, as well as carbon capture, biodiversity and other sustainability projects. On the other hand, the industry is a massive emitter of carbon, with concrete alone responsible for approximately eight percent of global CO2 annually. Hence, business leaders in the E&C sector must commit to their ESG goals through data-driven digital innovations, performance evaluation and risk management.
Throughout the 2020s the construction industry was responsible for building the next generation of sustainable infrastructure, including renewable energy facilities, and energy-efficient buildings with low lifetime carbon footprints and low water usage. The construction value chain has become equally sustainable, with a circular design, sensitivity to biodiversity, and strong support of local communities. Consultations with those impacted by projects will also result to sustainability.
Conclusion
The Philippine construction industry faces a pivotal juncture with both opportunities and challenges from labor shortages and technological adaptation to cost overruns, delays, and communication barriers. Factors like increased infrastructure investment and skilled workforce development will shape its future. However, the road ahead is not without its share of intricacies, particularly concerning the government’s complex regulatory landscape and the nuances of urban planning. This is why the Philippine construction industry must respond with resilience, adaptability, and a multi-sectoral vision to ensure a flourishing tomorrow for the country. The industry must navigate this path, balancing the allure of opportunities with the practicalities of execution to truly shape the future.
Fernando “Ronnie” S. Penarroyo specializes in Energy and Resources Law, Project Finance and Business Development. He is also currently the Chair of the Professional Regulatory Board of Geology, the government agency mandated under law to regulate and develop the geology profession. He may be contacted at fspenarroyo@penpalaw.com for any matters or inquiries in relation to the Philippine resources industry and suggested topics for commentaries. Atty. Penarroyo’s commentaries are also archived at his professional blogsite at www.penarroyo.com
References
“Corruption eats up 15-35% of construction firms’ budget”, Philippine Daily Inquirer, 09 January 2020, https://business.inquirer.net/286779/corruption-eats-up-15-35-%E2%80%8Dof-construction-firms-budget
Miyazaki, Emilou, “Hard Hats, Harder Challenges: The Hurdles Faced by Construction Consultancy Firms in the Philippines”, 05 February 2024, https://www.jcvassociates.ph/post/hard-hats-harder-challenges-the-hurdles-faced-by-construction-consultancy-firms-in-the-philippines
“What could the world of construction look like in 2030?”, KPMG Perspectives, 01 May 2023, https://kpmg.com/ph/en/home/insights/2023/05/construction-in-2030.html
“What does the future of the construction industry in the Philippines look like?”, https://metalexponents.com/blog/future-of-construction-industry-philippines/










