Malacañang on Tuesday, September 15, clarified that the memorandum of understanding (MOU) between the Philippines and the United States on critical minerals does not create legally binding commitments for either country.
Communications Undersecretary and Palace Press Officer Claire Castro said the agreement mainly identifies areas of mutual interest, common goals and intended cooperation between the two governments.
Her statement came after Kabataan Party-list raised concerns about the agreement, including claims that it could allow US companies to obtain mining permits without going through existing Philippine regulatory requirements.
Castro also denied that the government had withheld information about the agreement from the public, noting that the Department of Environment and Natural Resources (DENR) had publicly announced its signing in February.
She urged groups seeking clarification to consult the DENR directly to avoid misinterpretations about the government’s policies and actions.
“Alam po ninyo sa mga ganiyang mga sitwasyon, mas maganda po sanang makipag-usap muna sila sa DENR, para hindi po nagkakaroon ng mga maaaring maling interpretasyon o negatibong impresyon sa ginagawa ng pamahalaan,” Castro said.
The Palace official also distinguished an MOU from a memorandum of agreement (MOA), explaining that the two instruments carry different legal implications.
“Tandaan po natin, ‘yung MOU po, ito ay naga-outline po ng mga shared goals or shared intents, pero hindi pa po ito legally binding. Iba po ang MOU sa MOA,” Castro said.
“Ang memorandum of agreement ay nandoon na po ang specific responsibilities ng parehong bansa o mga bansang nagpirma at iyon po ang legally binding,” she added.
Castro cautioned against making statements about the agreement without first reviewing its provisions and intended purpose, saying such claims could unnecessarily alarm the public.
She said the MOU gives the Philippines and the US a framework to explore expanded cooperation on critical and rare earth minerals. Castro noted that the Philippines has long been mining and exporting these resources.
“Matagal naman na natin na ini-export sa ibang bansa — hindi po ito ngayon lamang minimina, noon pa po ito minimina,” she said.
The Philippines and the US signed the critical minerals MOU on February 4. The framework covers potential cooperation in areas including supply chain diversification, domestic mineral processing and sustainable mining.
The agreement is intended to support more stable and diversified supply chains for critical minerals and rare earth elements, which are important raw materials for electric vehicles, renewable energy systems, electronics and advanced manufacturing.