Professional Documents
Culture Documents
(4) Actual Unlawful Use of Chain Saw. - Any person who is Section 10. Revocation of Registration and Permit. - The Sec. 5. Establishment and Extent of the System The
found to be in possession of a chain saw and uses the Secretary may revoke any Certificate of Registration or establishment and operationalization of the System shall
same to cut trees and timber in forest land or elsewhere permit previously issued to a person found violating the involve the following: All areas or islands in the Philippines
except as authorized by the Department shall be penalized provisions of this Act, or the rules and regulations issued proclaimed, designated or set aside, pursuant to a law,
with imprisonment of six (6) years and one (1) day to eight pursuant thereto. presidential decree, presidential proclamation or executive
(8) years or a fine of not less that Thirty thousand pesos order as national park, game refuge, bird and wildlife
(P30,000.00) but not more than Fifty thousand pesos Section 11. Joint Congressional Oversight Committee. - To sanctuary, wilderness area, strict nature reserve,
(P50,000.00) or both at the discretion of the court without monitor and oversee the implementation of this Act, watershed, mangrove reserve, fish sanctuary, natural and
prejudice to being prosecuted for a separate offense that including the approval of the rules and regulations issued historical landmark, protected and managed
may have been simultaneously committed. The chain saw pursuant hereto, there is hereby created a Joint landscape/seascape as well as identified virgin forests
unlawfully used shall be likewise confiscated in favor of the Congressional Oversight Committee to be composed of the before the effectivity of this Act are hereby designated as
government. Chairpersons of the Senate Committee on Environment initial components of the System. The initial components
and Natural Resources and the House Committee on of the System shall be governed by existing laws, rules and
If the violation under this Section is committed by or Natural Resources as Chairperson and Co-Chairperson, five regulations, not inconsistent with this Act;
through the command or order of another person, (5) members of each of the Senate and the House of
partnership or corporation, the penalties herein provided Representatives who shall be designated by the Senate Sec. 8. Buffer Zones. - For each protected area, there shall
shall likewise be imposed on such other person, or the President and the Speaker of the House of Representatives be established peripheral buffer zones when necessary, in
responsible officer(s) in such partnership or corporation. as members: Provided, That the two (2) of the five (5) the same manner as Congress establishes the protected
senators and two (2) of the five (5) House members shall area, to protect the same from activities that will directly
If the offender is a public official or employee, in addition be nominated by the respective Minority Leaders of the and indirectly harm it. Such buffer zones shall be included
to the above penalties, he shall be removed from office Senate and the House of Representatives. in the individual protected area management plan that
and perpetually disqualified from holding any public office. shall prepared for each protected area. The DENR shall
Section 12. Transitory Provision. - In the interim while the exercise its authority over protected areas as provided in
The chain saws confiscated under this Section shall be sold Department is formulating the implementing rules and this Act on such area and designated as buffer zones.
at public auction to qualified buyers and the proceeds regulations to effectively carry out the provisions of this
thereof shall go to the Department. Act, the Bureau of Customs is prohibited from approving Sec. 20. Prohibited Acts. Except as may be allowed by the
any chain saw importation without clearance from said nature of their categories and pursuant to rules and
Section 8. Reward. - Any person who voluntarily gives Department. regulations governing the same, the following acts are
information leading to the recovery or confiscation of an prohibited within protected areas:
unregistered chain saw and the conviction of persons Section 13. Separability Clause. - If, for any reason, any part
charged thereof shall be entitled to a reward equivalent to or provision of this act shall be declared as a. Hunting, destroying, disturbing, or mere
twenty person (20%) of the value of the chain saw unit(s). unconstitutional or invalid, such parts or provisions not possession of any plants or animals or products
The Department is authorized to include in its budget the affected thereby shall remain in full force and effect. derived therefrom without a permit from the
amount necessary to carry out the purpose of this Section. Management Board;
Section 14. Repealing Clause. - all laws, executive orders, b. Dumping of any waste products detrimental to
Section 9. Authority of the Secretary. - To effectively presidential decrees, letters of instruction, rules and the protected area, or to the plants and animals
implement the provisions of this Act, the Secretary shall regulations, or parts thereof which are inconsistent with or inhabitants therein;
issue the implementing rules and regulations within ninety any of the provisions of this Act are hereby repealed c. Use of any motorized equipment without a
(90) days upon approval of this Act. He shall likewise and/or amended accordingly. permit from the Management Board;
organize an office within the Department to ensure that
requirements imposed by this Act may be complied with
d. Mutilating, defacing or destroying objects of (c) "Secretary" means the Secretary of the Department of regard to specific caves taking into consideration bio-
natural beauty, or objects of interest to cultural Environment and Natural Resources (DENR) diversity as well as the aesthethic and archaeological value
communities (of scenic value); of the cave: Provided, that the permittee shall be required
e. Damaging and leaving roads and trails in a (d) "Speleogem" means relief features on the walls, to post a bond to ensure compliance with the provisions of
damaged condition; ceilings and floor of any cave or lava tube which are part of any permit: Provided further that any permit issued under
f. Squatting, mineral locating, or otherwise the surrounding hedrock, including but not limited to this Section shall be revoked by the Secretary when the
occupying any land; anastomoses, scallops, meander niches, petromorphs and permittee violates any provision of this Act or fails to
g. Constructing or maintaining any kind of rock pendants in solution caves and similar features unique comply with any other condition upon which the permit
structure, fence or enclosures, conducting any to volcanic caves. was issued: Provided furthermore, That the Secretary
business enterprise without a permit; cannot issue permits for the removal of stalactites and
h. Leaving in exposed or unsanitary conditions (e) "Speleothem" means any natural mineral formation or stalagmites, and when it is established that the removal of
refuse or debris, or depositing in ground or in deposit occurring in a cave or lava tube, including but not the resources will adversely affect the value of a significant
bodies of water; and limited to any stalactite, stalagmite, helictite, cave flower, cave: Provided Finally, That caves located within a
i. Altering, removing destroying or defacing flowstone, concretion, drapery, rimstone or formation of protected area shall be subjected to the provisions of
boundary marks or signs. clay or mud. Republic Act No. 7586 or the National Integrated Protected
Area System Act of 1992;
4. National Caves and Cave Resources (f) "Significant Cave" refers to a cave which contains
Management and Protection Act (R.A. 9072) materials or possesses features that have archaeological, (d) Call on any local government unit, bureau, agency, state
cultural, ecological, historical or scientific value as university or college and other instrumentalities of the
Section 2. Declaration of Policy - It is hereby declared the determined by the DENR in coordination with the scientific government for assistance as the need arises in the
policy of the State to conserve, protect and manage caves community and the academe. discharge of its functions;
and cave resources as part of the country's natural wealth.
Towards this end, the State shall strengthen cooperation Section 4. Implementing Agency - The DENR shall be the (e) Enter into a memorandum of agreement with any local
and exchange of information between governmental lead agency tasked to implement the provisions of this Act government unit (LGU) for the preservation, development
authorities and people who utilize caves and cave in coordination with the Department of Tourism (DOT), the and management of cave or caves located in their
resources for scientific, educational, recreational, tourism National Museum, the National Historical Institute and respective territorial jurisdiction;
and other purposes. concerned local government units (LGUs) for specific caves,
except that in the Province of Palawan, the Palawan (f) Tap the cooperation of people's and nongovernmental
Section 3. Definition of Terms - For purposes of this Act, Council for Sustainable Development shall be the lead organizations as active partners in the conservations and
the following terms shall be defined as follows: implementing agency pursuant to Republic Act No. 7611 or protection of our caves and cave resources; and
the Strategic Environmental Plan for Palawan Act.
(a) "Cave" means any naturally occurring void, cavity, (g) Exercise other powers and perform other functions as
recess or system of interconnected passages beneath the Section 5. Powers and Functions of the Department of may be necessary to implement the provisions of this Act.
surface of the earth or within a cliff or ledge and which is Environment and Natural Resources (DENR) - In the
large enough to permit an individual to enter, whether or implementation of this Act, the DENR shall exercise the Section 6. Information Concerning the Nature and Location
not the entrance, located either in private or public land, is following powers and functions: of Significant Caves - Information concerning the nature
naturally formed or man made. It shall include any natural and specific location of a potentially significant cave shall
pit, sinkhole or other feature which is an extension of the (a) Formulate, develop and implement a national program not be made available to the public within one (1) year
entrance. The term also includes cave resources therein, for the management, protection and conservation of caves after its discovery by the DENR, during which time the
but not any vug, mine tunnel, aqueduct or other manmade and cave resources: DENR in coordination with the DOT, the National Museum,
excavation. the National Historical Institute, concerned LGUs the
(b) Disseminate information and conduct educational scientific community and the academe shall assess its
(b) "Cave resources" includes any material or substance campaign on the need to conserve, protect and manage archaeological, cultural, ecological, historical and scientific
occurring naturally in caves, such as animal life, plant life, our caves and cave resources: value, unless a written request is made and the Secretary
including paleontological and archaeological deposits, determines that disclosure of such information will further
cultural artifacts or products of human activities, (c) Issue permits for the collection and removal of guano the purpose of this Act and will not create a substantial risk
sediments, minerals, speleogems and speleothems. and other cave resources which shall be determined in of harm, theft or destruction on such cave.
coordination with the DOT, National Museum, concerned
LGUs, the scientific community and the academe, with
The written request shall contain, among others, the Section 9. Administrative Confiscation and Conveyance - projects formulated to preserve and enhance the
following: The Secretary shall order the confiscation, in favor of the environment, and at the same time pursue the socio-
Government of the cave resources gathered, collected, economic development goals of the country.
(a) a description of the geographic site for which the removed, possessed or sold including the conveyance and
information is sought: equipment used in violation of Section 7 hereof. It shall support and promote the sustainable development
goals for the provinces through proper conservation,
(b) an explanation of the purpose for which the Section 10. Fees - Any money collected by the DENR as utilization and development of natural resources to
information is sought: permit fees for collection and removal of cave resources, provide optimum yields on a continuing basis. With
as a result of the forfeiture of a bond or other security by a specific reference to forest resources, the State shall
(c) an assurance or undertaking satisfactory to the permittee who does not comply with the requirements of pursue and implement forest conservation and protection
Secretary that adequate measures are to be taken to such permit issued under this Act or by way of fines for through the imposition of a total commercial logging ban
protect the confidentiality of such information and to violations of this Act shall be remitted to the National as hereinafter provided.
ensure the protection of the cave from destruction by Treasury.
vandalism and unauthorized use. It shall also adopt the necessary measures leading to the
Section 11. Implementing Rules and Regulations - The creation of an institutional machinery including among
Section 7. Prohibited Acts - The following shall be DENR shall, within six (6) months from the effectivity of others, fiscal and financial programs to ensure the effective
considered Prohibited Acts. this Act, issue rules and regulations necessary to and efficient implementation of environmental plans,
implement the provisions hereof. programs and projects.
(a) Knowingly destroying, disturbing, defacing, marring,
altering, removing, or harming the speleogem or Section 12. Appropriations - The amount necessary to It shall also promote and encourage the involvement of all
speleothem of any cave or altering the free movement of carry out the provisions of this Act shall be included in the sectors of society and maximize people participation
any animal or plant life into or out of any cave: General Appropriations Act of the year following its (including tribal groups) in natural resource management,
enactment into law and thereafter. conservation and protection.
(b) Gathering, collecting, possessing, consuming, selling,
bartering or exchanging or offering for sale without Section 13. Separability Clause - If any provisions of this SEC. 3 Definition of Terms. - As used in this Act, the
authority any, cave resource; and Act is subsequently declared unconstitutional, the following terms are defined as follows:
remaining provisions shall remain in full force and effect.
(c) Counselling, procuring, soliciting or employing any (1) "Palawan" refers to the Philippine province
other person to violate any provisions of this Section. Section 14. Repealing Clause - Presidential Decree No. composed of islands and islets located 747' and 12'22'
1726 - A is hereby modified. Treasure hunting in caves shall north latitude and 117'00' and 119'51' east longitude,
Section 8. Penalties - Any person found guilty of any of the be governed by the provisions of this Act. generally bounded by the South China Sea to the
offenses enumerated under Section 7 hereof shall be northwest and by the Sulu Sea to the east.
punished by imprisonment from two (2) years to six (6) Except Presidential Decree No. 412 and Republic Act No.
years or a fine ranging from Twenty thousand pesos 4846, all other laws, decrees, orders and regulations or (2) "Sustainable development" means the
(P20,000) to five hundred thousand pesos (P500,000.00) or parts thereof which are inconsistent with any of the improvement in the quality of life of the present and
both at the discretion of the Court: Provided That the provisions of this Act are hereby repealed or amended future generations through the complementation of
person furnishing the capital to accomplish the acts accordingly. development and environmental protection activities;
punishable herein shall be punished by imprisonment from
six (6) yrs and one (1) day to eight (8) years or by a fine Section 15. Effectivity - This Act shall take effect fifteen (15) (3) "Natural resources" refers to life-support systems
ranging from Five hundred thousand pesos (P500,000.00) days following its publication in two (2) national such as the sea, coral reefs, soil, lakes, rivers, and forest as
to One million pesos (P1,000,000.00) or both at the newspapers of general circulation. well as useful products found therein such as animals,
Discretion of the Court. Provided further that if the area wildlife, tress and other plants, including the aesthetic
requires rehabilitation or restoration as determined by the 5. Strategic Environment Plan for Palawan Act attributes of scenic sites that are not manmade.
Court, the offender shall also be required to restore the (R.A. 7611)
same, whenever practicable or compensate for the (4) "Tribal land areas" refers to the areas comprising
damage: Provided finally that if the offender is a SEC. 2 Declaration of Policy - It is hereby declared the both land and sea that are traditionally occupied by the
government employee, he or she shall likewise be policy of the State to protect, develop and conserve its cultural minorities.
removed from office. natural resources . Toward this end, it shall assist and
support the implementation of plans, programs and
(5) "Environmentally critical areas" (ECAN) refers to SEC. 5 Strategic Environmental Plan (SEP) Philosophy. - The zones as the Palawan Council for Sustainable Development
terrestrial aquatic and marine areas that need special SEP shall have as its general philosophy, the sustainable as hereinafter created may provide;
protection and conservation measures as they are development of Palawan, which is the improvement in the
ecologically fragile; quality of life of its people in the present and future (2) Protection of Watersheds;
generations through the use of complementary activities
(6) "Participatory processes" means the involvement of development and conservation that protect life-support (3) Preservation of biological diversity;
of all the key sectors of development, from the grassroots ecosystem and rehabilitate exploited areas to allow
to the policy-making bodies of the National Government, upcoming generations to sustain development growth. It (4) Protection of tribal people and the preservation
in providing the values and ideas from which strategic shall have the following features: of their culture;
development and environmental protection action can
come about; (1) Ecological viability - The physical and biological (5) Maintenance of maximum sustainable yield;
cycles that maintain the productivity of natural ecosystems
(7) "Conservation" refers to the wise use of natural must always be kept intact. (6) Protection of the rare and endangered species
resources that assures regeneration and replenishment for and their habitat;
continuous benefit; (2) Social acceptability - The people themselves,
through participatory process, should be fully committed (7) Provision of areas for environmental and
(8) "Ecology" refers to the life-sustaining to support sustainable development activities by fostering ecological research, education and training; and
interrelationships and interactions of organisms with each equity in access to resources and the benefits derived from
other and with their physical surroundings; them. (8) Provision of areas for tourist and recreation.
(9) "Commercial logging" refers to the cutting, felling (3) Integrated approach - This allow for a holistic SEC. 8 Main Components. - The areas covered by the ECAN
or destruction of tress from old growth and residual forest view of problems and issues obtaining in the environment hall be classified into three (3) main components;
for the purpose of selling or otherwise disposing of the cut as well as opportunities for coordination and sharing that
or felled logs for profit; will eventually provide the resources and political will to (1) Terrestrial - the terrestrial component shall
actually implement and sustain SEP activities. consist of the mountainous as well as ecologically
(10) "SEP" refers to the Strategic Environmental Plan important low hills and lowland areas of the whole
discussed in Section 4 of this Act; SEC. 6 Legal effects. - The SEP shall serve as the framework province. It may be further subdivided into smaller
to guide the government agencies concerned in the management components.
(11) "ECAN" refers to the Environmentally Critical formulation and implementation of plans, programs and
Areas Network as provided in Section 7 of this Act; and projects affecting the environment and natural resources (2) Coastal/marine area - this area includes the
of Palawan. It shall therefore be incorporated in the whole coastline up to the open sea. This is characterized
(12) "EMES" refers to the Environmental Monitoring Regional Development Plan of Region IV as part of said by active fisheries and tourism activities.
and Evaluation System provided in Section 13 of this Act. plan.
(3) Tribal Ancestral lands - These are the areas
CHAPTER II SEC. 7 Environmentally Critical Areas Network (ECAN) - The traditionally occupied by the cultural communities.
STRATEGIC ENVIRONMENT PLAN: ADOPTION, PHILOSOPHY SEP shall establish a graded system of protection and
AND LEGAL EFFECTS development control over the whole of Palawan, including SEC. 9 Terrestrial Component: Management Scheme and
its tribal lands, forest, mines, agricultural areas, settlement Zonation. - the terrestrial component may be further
SEC. 4 Strategic Environmental Plan. - A comprehensive areas, small islands mangroves, coral reefs, seagrass beds subdivided into smaller management components for a
framework for the sustainable development of Palawan and the surrounding sea. This shall be known as the more efficient supervision. These management
compatible with protecting and enhancing the natural Environmentally Critical Areas Network, hereinafter components, in turn, shall each be further subdivided into
resources and endangered environment of the province is referred to as ECAN, and shall serve as the main strategy of the following zones;
hereby adopted. Such framework shall be known as the the SEP.
Strategic Environmental Plan for Palawan, hereinafter (1) Area of maximum protection or core zone -This
referred to as SEP, and shall serve to guide the local The ECAN shall ensure the following, zone shall be fully and strictly protected and maintained
government of Palawan and the government agencies free of human disruption. Included here are all types of
concerned in the formulation and implementation of (1) Forest conservation and protection through the natural forest which include first growth forest, residual
plans, programs and projects affecting said province. imposition of a total commercial logging ban in all areas of forest and edges of intact forest, areas above one
maximum protection and in such other restricted use thousand (1,000) meters elevation, peaks of mountains or
other areas with very steep gradients, and endangered small islands and mangrove ecosystem education and SEC. 15 Environmental Education and Extension - The SEP
habitats and habitats of endangered and rare species. research are allowed. shall design an environmental information and education
Exceptions, however, may be granted to traditional uses of designed to gradually wean the people away from
tribal communities of these areas for minimal and soft SEC. 11 Tribal Ancestral Lands. - These areas, traditionally destructive practices and shall recommend practical ways
impact gathering of forest species for ceremonial and occupied by cultural minorities, comprise both land and as an alternative.
medicinal purposes. sea areas. These shall be treated in the same graded
system of control and prohibition as in the others Training programs for the non-governmental organizations
(2) Buffer zone - This area permits regulated use and may abovementioned except for strong emphasis in cultural (NGO's), business sector representatives and community
be further subdivided into three (3) sub-zones; considerations. The SEP, therefore, shall define a special leaders shall be organized. This may establish linkages
kind of zonation to fulfill the material and cultural needs of between the NGOs, community leaders, sector
(a) Restricted use area. Generally surrounds the core the tribes using consultative processes and cultural representatives and the staff of line agencies development
zone and provides a protective barrier. Limited and mapping of the ancestral lands. communication or public information section and at the
nonconsumptive activities may be allowed in this area. same time, be used to plan out a comprehensive public
CHAPTER III information drive.
( b) Controlled use area. Encircles and provides the outer MANAGEMENT OF RESOURCES OUTSIDE OF THE
barrier to the core and restricted use area. Controlled ECOLOGICALLY CRITICAL AREAS Simultaneously, community organizing shall be enhanced
forest extraction, like the collecting of minor forest to reinforce non-formal approaches, complementing
products, and strictly controlled logging and mining may SEC. 12 Management of Resources Outside of the regular environment/science courses in the school.
be allowed. Ecologically Critical Areas. The SEP shall provide for the
management of resources outside of the ECAN and shall CHAPTER V
(c) Traditional use area. Edges of intact forests where include coastal resources, resources of the catchment ADMINISTRATIVE MACHINERY FOR THE IMPLEMENTATION
traditional land use is already stabilized is being stabilized. areas, timber and mines, development in the lowlands, OF THE SEP
Management and control shall be carried out with the and settlement areas. It shall also provide for tourism
other supporting programs of the SEP. planning. SEC. 16 Palawan Council for Sustainable Development. -
The governance, implementation and policy direction of
(3) Multiple/manipulative use area - This is the area where CHAPTER IV the Strategic Environmental Plan shall be exercised by the
the landscape has been modified for different forms of SUPPORT MECHANISM herein created Palawan Council for Sustainable
land use such as intensive timber extraction, grazing and Development (PCSD), hereinafter referred to as the
pastures, agriculture and infrastructures development. SEC. 13 Environmental Monitoring and Evaluation System Council, which shall be under the Office of the President. It
Control and management shall be strictly integrated with (EMES) - In order to monitor achievement of its goals, SEP shall be composed of the Members of the House of the
the other supporting programs of the SEP and other similar shall establish an Environmental Monitoring and Evaluation Representatives representing the province of Palawan, the
programs of the Government. System (EMES) which shall ensure a systematic and reliable Deputy Director General of the National Economic and
means of data generation for the various concerns of the Development Authority, the Undersecretary of
SEC. 10 Coastal/Marine Zone. - A different and simplified SEP. It shall measure changes in environmental status, Environment and Natural Resources, the Undersecretary
scheme of management zonation shall be applied to this identify adverse environmental trends and crisis areas, for Special Concerns of the Department of Agriculture, the
component due to its geographical characteristics, critical recommend solutions, assess the implementation of the Governor of Palawan, the Mayor of Puerto Princesa City,
nature, and patterns of resource use. Equitable access to SEP, and suggest measures to make the SEP more the President of the Mayor's League of Palawan, the
the resource and management responsibility by the local responsible to the changing needs. President of the Provincial Chapter of the Liga ng mga
community shall be the underlying management Barangay, the Executive Director of the Palawan council for
philosophy of this component. SEC. 14 Environmental Research - The SEP shall provide for Sustainable Development Staff as provided in Section 20 of
a system of research so that additional information for this Act, and such other members from the public or
(1) Core zone. - This area shall be designated free accurate planning as well as data to solve new problems in private sectors as the majority of the council may deem
from any human activity. This includes sanctuaries for rare the implementation of the SEP shall be supplied. As such, necessary.
and endangered species, selected coral reefs, seagrass and the SEP's researches shall not be confined to the physical
mangrove ecosystem reserves. and biological features of the environment, achieved The Council shall elect, from among its members, a
through surveys, monitoring, resource assessments and Chairman and a Vice-Chairman.
(2) Multiple use zone - Aside from being research into processes, but shall also extend to policies
development area, this zone also serves as the buffer zone and socioeconomic questions.
where fishery, mariculture, recreation, rehabilitation of
SEC. 17 Quorum. - A majority of the members of the effective implementation of the SEP and the other SEC. 22 - Separability Clause. - If any of the provisions of
Council shall constitute a quorum for the conduct of provisions of this Act. this Act shall be declared unconstitutional, the other
business. provisions of this Act shall remain valid.
(9) Enforce the provisions of this Act and other
SEC. 18 Compensation. - The members of the council shall existing laws. Rules and regulations similar to or SEC. 23 Repealing Clause. - All laws; decrees, orders, rules
be entitled to per diems and allowances in accordance complementary with this Act; and regulations or parts thereof contrary to or inconsistent
with existing laws in the performance of their duties and in with the provisions of this Act are hereby repealed or
carrying out of the business of the Council. The per diems (10) Perform related functions which shall promote modified accordingly.
shall be in the amount of Five hundred pesos (p500) for the development, conservation, management, protection,
every meeting: Provided, that the per diems collected do and utilization of the natural resources of Palawan; and SEC. 24 Effectivity Clause. - This Act shall take effect upon
not exceed the equivalent of per diems for four (4) its approval.
meetings in a month. (11) Perform such other powers and functions as may
be necessary in carrying out its functions, powers, and the 6. Wildlife Resources Conservation and Protection
SEC. 19 Powers and Functions. - In order to successfully provisions of this Act. Act (R.A. 9147)
implement the provisions of this Act, the Council is hereby
vested with the following powers and functions. SEC. 20 Conversion of Palawan Integrated Area Section 1. Title. This act shall be known as the "Wildlife
Development Project Office (PIADPO) to the Palawan Resources Conservation and Protection Act."
(1) Formulate plans and policies as may be council for Sustainable Development Staff. - The Palawan
necessary to carry out the provisions of this Act. Integrated Area Development Project Office, hereinafter Section 2. Declaration of Policy. It shall be the policy of the
referred to as PIADPO, is hereby converted to the Palawan State to conserve the country's wildlife resources and their
(2) Coordinate with the local governments to ensure Council for Sustainable Development Staff which shall habitats for sustainability. In the pursuit of this policy, this
that the latter's plans, programs and projects are aligned serve as the regular professional support staff of the Act shall have the following objectives:
with the plans, programs and policies of the SEP. Council and shall provide the machinery to coordinate the
policy and functions, implement programs, and organize (a) to conserve and protect wildlife species and their
(3) Call on any department, bureau, office, agency such services as may be required by the Council in the habitats to promote ecological balance and enhance
or instrumentality of the Government, and on private exercise of its functions. It shall be independent of any biological diversity;
entities and organizations for cooperation and assistance in other department or agency of the Government other
the performance of its functions. than the herein provided Council. All the applicable (b) to regulate the collection and trade of wildlife;
powers, functions, personnel, complement staff,
(4) Arrange, negotiate for, accept donations, grants, appropriations, records, equipment, property, funds, and (c) to pursue, with due regard to the national interest, the
gifts, loans, and other fundings from domestic and foreign other assets of the PIADPO, as well as all its obligations Philippine commitment to international conventions,
sources to carry out the activities and purposes of the SEP. and liabilities, are hereby transferred to the Palawan protection of wildlife and their habitats; and
Council for Sustainable Development Staff. The incumbent
(5) Recommend to the Congress of the Philippines Director of the PIADPO shall be the Executive Director of (d) to initiate or support scientific studies on the
such matters that may require legislation in support of the the Palawan Council for Sustainable Development Staff and conservation of biological diversity.
objectives of the SEP. shall lead all its operations. Thereafter, the Executive
Director shall be appointed by the members of the Council. Section 3. Scope of Application. The provisions of this Act
(6) Delegate any or all of its powers and functions to He shall also be ex officio member of the Council. shall be enforceable for all wildlife species found in all
its support staff, as hereinafter provided, except those areas of the country, including protected areas under
which by provisions of law cannot be delegated; CHAPTER VI Republic Act No. 7586, otherwise known as the National
APPROPRIATION AND FINAL PROVISIONS Integrated Protected Areas System (NIPAS) Act, and critical
(7) Establish policies and guidelines for employment habitats. This Act shall also apply to exotic species which
on the basis, of merit, technical competence and moral Sec. 21 Appropriations. - The amount necessary to carry are subject to trade, are cultured, maintained and/or bred
character and prescribe a compensation and staffing out the provisions of this Act shall be charged to the in captivity or propagated in the country.
pattern; current fiscal year appropriation of the PIADPO. Thereafter,
such sums as may be necessary shall be included in the Section 4. Jurisdiction of the Department of Environment
(8) Adopt, amend and rescind such rules and annual General Appropriations Act. and Natural Resources and the Department of Agriculture.
regulations and impose penalties therefore for the The Department of Environment and Natural Resources
(DENR) shall have jurisdiction over all terrestrial plant and
animal species, all turtles and tortoises and wetland f. The State recognizes its obligations to respond to formulation and implementation of any project,
species, including but not limited to crocodiles, waterbirds the strong expression of the ICCs/IPs for cultural government or private, that will affect or impact
and all amphibians and dugong. The Department of integrity by assuring maximum ICC/IP upon the ancestral domains and to receive just
Agriculture (DA) shall have jurisdiction over all declared participation in the direction of education, and fair compensation for any damages which
aquatic critical habitats, all aquatic resources including but health, as well as other services of ICCs/IPs, in they sustain as a result of the project; and the
not limited to all fishes, aquatic plants, invertebrates and order to render such services more responsive to right to effective measures by the government to
all marine mammals, except dugong. The secretaries of the the needs and desires of these communities. prevent any interfere with, alienation and
DENR and the DA shall review, and by joint administrative encroachment upon these rights;
order, revise and regularly update the list of species under Towards these ends, the State shall institute and establish c. Right to Stay in the Territories- The right to stay
their respective jurisdiction. In the Province of Palawan, the necessary mechanisms to enforce and guarantee the in the territory and not be removed therefrom.
jurisdiction herein conferred is vested to the Palawan realization of these rights, taking into consideration their No ICCs/IPs will be relocated without their free
Council for Sustainable Development pursuant to Republic customs, traditions, values, beliefs, their rights to their and prior informed consent, nor through any
Act No. 7611. ancestral domains. means other than eminent domain. Where
relocation is considered necessary as an
7. Indigenous Peoples Right Act of 1997 (R.A. Sec. 2(g) Free and Prior Informed Consent. As used in this exceptional measure, such relocation shall take
8371) Act shall mean the consensus of all members of the place only with the free and prior informed
ICCs/IPs to; be determined in accordance with their consent of the ICCs/IPs concerned and whenever
Sec. 2. Declaration of State Policies.- The State shall respective customary laws and practices, free from any possible, they shall be guaranteed the right to
recognize and promote all the rights of Indigenous Cultural external manipulation, interference and coercion, and return to their ancestral domains, as soon as the
Communities/Indigenous Peoples (ICCs/IPs) hereunder obtained after fully disclosing the intent and scope of the grounds for relocation cease to exist. When such
enumerated within the framework of the Constitution: activity, in a language an process understandable to the return is not possible, as determined by
community; agreement or through appropriate procedures,
a. The State shall recognize and promote the rights ICCs/IPs shall be provided in all possible cases
of ICCs/IPs within the framework of national Sec. 7. Rights to Ancestral Domains. The rights of with lands of quality and legal status at least
unity and development; ownership and possession of ICCs/IPs to their ancestral equal to that of the land previously occupied by
b. The State shall protect the rights of ICCs/IPs to domains shall be recognized and protected. Such rights them, suitable to provide for their present needs
their ancestral domains to ensure their shall include: and future development. Persons thus relocated
economic, social and cultural well being and shall shall likewise be fully compensated for any
recognize the applicability of customary laws a. Rights of Ownership.- The right to claim resulting loss or injury;
governing property rights or relations in ownership over lands, bodies of water d. Right in Case of Displacement. In case
determining the ownership and extent of traditionally and actually occupied by ICCs/IPs, displacement occurs as a result of natural
ancestral domain; sacred places, traditional hunting and fishing catastrophes, the State shall endeavor to resettle
c. The State shall recognize, respect and protect the grounds, and all improvements made by them at the displaced ICCs/IPs in suitable areas where
rights of ICCs/IPs to preserve and develop their any time within the domains; they can have temporary life support system:
cultures, traditions and institutions. It shall b. Right to Develop Lands and Natural Resources.- Provided, That the displaced ICCs/IPs shall have
consider these rights in the formulation of Subject to Section 56 hereof, right to develop, the right to return to their abandoned lands until
national laws and policies; control and use lands and territories traditionally such time that the normalcy and safety of such
d. The State shall guarantee that members of the occupied, owned, or used; to manage and lands shall be determined: Provided, further,
ICCs/IPs regardless of sex, shall equally enjoy the conserve natural resources within the territories That should their ancestral domain cease to exist
full measure of human rights and freedoms and uphold the responsibilities for future and normalcy and safety of the previous
without distinctions or discriminations; generations; to benefit and share the profits settlements are not possible, displaced ICCs/IPs
e. The State shall take measures, with the from allocation and utilization of the natural shall enjoy security of tenure over lands to which
participation of the ICCs/IPs concerned, to resources found therein; the right to negotiate they have been resettled: Provided, furthermore,
protect their rights and guarantee respect for the terms and conditions for the exploration of That basic services and livelihood shall be
their cultural integrity, and to ensure that natural resources in the areas for the purpose of provided to them to ensure that their needs are
members of the ICCs/IPs benefit on an equal ensuring ecological, environmental protection adequately addressed:
footing from the rights and opportunities which and the conservation measures, pursuant to e. Right to Regulate Entry of Migrants.- Right to
national laws and regulations grant to other national and customary laws; the right to an regulate the entry of migrant settlers and
members of the population and informed and intelligent participation in the organizations into the domains;
f. Right to Safe and Clean Air and Water.- For this c. Observe Laws- To observe and comply with the without the written consent of the specific persons
purpose, the ICCs/IPs shall have access to provisions of this Act and the rules and authorized to give consent .
integrated systems for the management of their regulations for its effective implementation.
inland waters and air space; Sec. 59. Certification Precondition. all department and
g. Right to Claim Parts of Reservations.- The right to Sec. 35. Access to Biological and Genetic Resources. other governmental agencies shall henceforth be strictly
claim parts of the ancestral domains which have Access to biological and genetic resources and to enjoined from issuing, renewing, or granting any
been reserved for various purposes, except those indigenous knowledge related to the conservation, concession, license or lease, or entering into any
reserved and intended for common and public utilization and enhancement of these resources, shall be production-sharing agreement, without prior certification
welfare and service; and allowed within ancestral lands and domains of the ICCs/IPs from the NCIP that the area affected does not overlap with
h. Right to Resolve Conflict.- Right to resolve land only with a free and prior informed consent of such any ancestral domain. Such certificate shall only be issued
conflicts in accordance with customary laws of communities, obtained in accordance with customary laws after a field-based investigation is conducted by the
the area where the land is located, and only in of the concerned community. Ancestral Domain Office of the area concerned: Provided,
default thereof shall the complaints be That no certificate shall be issued by the NCIP without the
submitted to amicable settlement and to the Sec. 57. Natural Resources within Ancestral Domains. The free and prior informed and written consent of the
Courts of Justice whenever necessary. ICCs/IPs shall have the priority rights in the harvesting, ICCs/IPs concerned: Provided, further, That no
extraction, development or exploitation of any natural department, government agency or government-owned or
Sec. 8. Rights to Ancestral Lands. The right of ownership resources within the ancestral domains. A non-member of -controlled corporation may issue new concession, license,
and possession of the ICCs/IPs, to their ancestral lands the ICCs/IPs concerned may be allowed to take part in the lease, or production sharing agreement while there is
shall be recognized and protected. development and utilization of the natural resources for a pending application CADT: Provided, finally, That the
period of not exceeding twentyfive (25) years renewable ICCs/IPs shall have the right to stop or suspend, in
a. Right to transfer land/property.- Such right shall for not more than twenty-five (25) years: Provided, That a accordance with this Act, any project that has not satisfied
include the right to transfer land or property formal and written agreement is entered into with the the requirement of this consultation process.
rights to/among members of the same ICCs/IPs, ICCs/IPs concerned or that the community, pursuant to its
subject to customary laws and traditions of the own decision making process, has agreed to allow such 8. Peoples Small Scale Mining Act of 1991 (R.A.
community concerned. operation: Provided, finally, That the all extractions shall be 7076)
b. Right to Redemption.- In cases where it is shown used to facilitate the development and improvement of
that the transfer of land/property rights by virtue the ancestral domains. Sec. 3. Definitions. For purposes of this Act, the
of any agreement or devise, to a non-member of following terms shall be defined as follows:
the concerned ICCs/IPs is tainted by the vitiated Sec. 58. Environmental Consideration. Ancestral domains
consent of the ICCs/IPs, or is transferred for an or portion thereof, which are found necessary for critical (a) "Mineralized areas" refer to areas with naturally
unconscionable consideration or price, the watersheds, mangroves wildlife sanctuaries, wilderness, occurring mineral deposits of gold, silver, chromite, kaolin,
transferor ICC/IP shall have the right to redeem protected areas, forest cover, or reforestation as silica, marble, gravel, clay and like mineral resources;
the same within a period not exceeding fifteen determined by the appropriate agencies with the full (b) "Small-scale mining" refers to mining activities which
(15) years from the date of transfer. participation of the ICCs/IPs concerned shall be rely heavily on manual labor using simple implement and
Sec. 9. Responsibilities of ICCs/IPs to their Ancestral maintained, managed and developed for such purposes. methods and do not use explosives or heavy mining
Domains. ICCs/IPs occupying a duly certified ancestral The ICCs/IPs concerned shall be given the responsibility to equipment;
domain shall have the following responsibilities: maintain, develop, protect and conserve such areas with (c) "Small-scale miners" refer to Filipino citizens who,
the full and effective assistance of the government individually or in the company of other
a. Maintain Ecological Balance- To preserve, agencies. Should the ICCs/IPs decide to transfer the Filipino citizens, voluntarily form a cooperative duly
restore, and maintain a balanced ecology in the responsibility over the areas, said decision must be made licensed by the Department of Environment and Natural
ancestral domain by protecting the flora and in writing. The consent of the ICCs/IPs should be arrived at Resources to engage, under the terms and conditions of a
fauna, watershed areas, and other reserves; in accordance with its customary laws without prejudice to contract, in the extraction or removal of minerals or ore-
b. Restore Denuded Areas- To actively initiate, the basic requirement of the existing laws on free and bearing materials from the ground;
undertake and participate in the reforestation of prior informed consent: Provided, That the transfer shall (d) "Small-scale mining contract" refers to co-production,
denuded areas and other development programs be temporary and will ultimately revert to the ICCs/IPs in joint venture or mineral production sharing agreement
and projects subject to just and reasonable accordance with a program for technology transfer: between the State and a small-scale mining contractor for
remuneration; and Provided, further, That no ICCs/IPs shall be displaced or the small-scale utilization of a plot of mineral land;
relocated for the purpose enumerated under this section (e) "Small-scale mining contractor" refers to an individual
or a cooperative of small-scale miners, registered with the
Securities and Exchange Commission or other appropriate marine reserved, parks and wildlife reservations, unless
government agency, which has entered into an agreement their status as such is withdrawn by competent authority . Sec. 15. Rights of Private Landowners. The private
with the State for the small-scale landowner or lawful possessor shall be notified of any plan
utilization of a plot of mineral land within a people's small- Sec. 7. Ancestral Lands. No ancestral land may be or petition to declare his land as a people's small-scale
scale mining area; declared as a people's small-scale mining area without the mining area. Said landowner may oppose such plan or
(f) "Active mining area" refers to areas under actual prior consent of the cultural communities concerned: petition in an appropriate proceeding and hearing
exploration, development, exploitation or commercial Provided, That, if ancestral lands are declared as people's conducted before the Board.
production as determined by the Secretary after the small-scale mining areas, the members of the cultural
necessary field investigation or verification including communities therein shall be given priority in the awarding If a private land is declared as a people's small-scale
contiguous and geologically related areas belonging to the of small-scale mining contracts. mining area, the owner and the smallscale mining
same claimowner and/or under contract with an operator, contractors are encouraged to enter into a voluntary and
but in no case to exceed the maximum area allowed by Sec. 11. Easement Rights. Upon the declaration of a acceptable contractual agreement for the small-scale
law; people's small-scale mining area, the director, in utilization of the mineral values from the private land:
(g) "Existing mining right" refers to perfected and consultation with the operator, claimowner, landowner or Provided, That the owner shall in all cases be entitled to
subsisting claim, lease, license or permit covering a lessor of an affected area, shall determine the right of the the payment of actual damages which he may suffer as a
mineralized area prior to its declaration as a people's small scale miners to existing facilities such as mining and result of such declaration: Provided, further, That royalties
small-scale mining area; logging roads, private roads, port and communication paid to the owner shall in no case exceed one percent (1%)
(h) "Claimowner" refers to a holder of an existing mining facilities, processing plants which are necessary for the of the gross value of the minerals recovered as royalty.
right; effective implementation of the People's Small-scale
(i) "Processor" refers to a person issued a license to engage Mining Program, subject to payment of reasonable fees to Sec. 17. Sale of Gold. All gold produced by small-scale
in the treatment of minerals or ore bearing materials such the operator, claimowner, landowner or lessor. miners in any mineral area shall be sold to the Central
as by gravity concentration, leaching benefication, Bank , or its duly authorized representatives, which shall
cyanidation, cutting, sizing, polishing and other similar Sec. 14. Rights of Claimowners. In case a site declared buy it at prices competitive with those prevailing in the
activities; and set aside as a people's-scale mining area is covered by world market regardless of volume or weight. The Central
(j) "License" refers to the privilege granted to a person to an existing mining right, the claimowner and the small- Bank shall establish as many buying stations in gold-rush
legitimately pursue his occupation as a small-scale miner scale miners therein are encouraged to enter into a areas to fully service the requirements of the small-scale
or processor under this Act; voluntary and acceptable contractual agreement with minerals thereat.
(k) "Mining plan" refers to a two-year program of activities respect to the small-scale utilization of the mineral values
and methodologies employed in the extraction and from the area under claim. In case of disagreement, the Sec. 20. People's Small-scale Mining Protection Fund.
production of minerals or ore-bearing materials, including claimowner shall be entitled to the following rights and There is hereby created a People's Small-scale Mining
the financial plan and other resources in support thereof; privileges: Protection Fund which shall be fifteen percent (15%) of the
(l) "Director" refers to the regional executive director of national government's share due the Government which
the Department of Environment and (a) Exemption from the performance of annual work shall be used primarily for information dissemination and
Natural Resources; and obligations and payment of occupation fees, rental, training of small-scale miners on safety, health and
(m) "Secretary" refers to the Secretary of the Department and real property taxes; environmental protection, and the establishment of mine
of Environment and Natural Resources. (b) Subject to the approval of the Board, free access to rescue and recovery teams including the procurement of
the contract area to conduct metallurgical tests, rescue equipment necessary in cases of emergencies such
Sec. 5. Declaration of People's Small-scale Mining Areas. explorations and other activities, provided such as landslides, tunnel collapse, or the like. The fund shall
The Board is hereby authorized to declare and set aside activities do not unduly interfere with the operations also be made available to address the needs of the small-
people's small-scale mining areas in sites onshore suitable of the small-scale miners; and scale miners brought about by accidents and/or fortuitous
for smallscale mining, subject to review by the Secretary, (c) Royalty equivalent to one and one half percent (1 events.
immediately giving priority to areas already occupied and 1/2%) of the gross value of the metallic mineral
actively mined by small-scale miners before August 1, output or one percent (1%) of the gross value of the 9. Philippine Mining Act of 1995
1987: Provided, That such areas are not considered as nonmetallic mineral output to be paid to the
active mining areas: Provided, further, That the minerals claimowner: Provided, That such rights and privileges Section 2. Declaration of Policy
found therein are technically and commercially suitable for shall be available only if he is not delinquent and
small-scale mining activities: Provided, finally, That the other performance of his annual work obligations and All mineral resources in public and private lands within the
areas are not covered by existing forest rights or other requirements for the last two (2) years prior to territory and exclusive economic zone of the
reservations and have not been declared as tourist or the effectivity of this Act.
Republic of the Philippines are owned by the State. It shall the royalty payment, upon utilization of the minerals shall Department Administrative Order No. 25, series of 1992
be the responsibility of the State to promote be agreed upon by the parties. The said and other laws.
their rational exploration, development, utilization and royalty shall form part of a trust fund for the
conservation through the combined efforts of socioeconomic well-being of the indigenous cultural Section 32. Terms.
government and the private sector in order to enhance community.
national growth in a way that effectively Mineral agreements shall have a term not exceeding
safeguards the environment and protect the rights of Section 18. Areas Open to Mining Operations. twenty-five (25) years to start from the date of
affected communities. execution thereof, and renewable for another term not
Subject to any existing rights or reservations and prior exceeding twenty-five (25) years under the same
Sec. 3(m). Environmental compliance certificate (ECC) agreements of all parties, all mineral resources in terms and conditions thereof, without prejudice to
refers to the document issued by the public or private lands, including timber or forestlands as changes mutually agreed upon by the parties. After
government agency concerned certifying that the project defined in existing laws, shall be open to the renewal period, the operation of the mine may be
under consideration will not bring mineral agreements or financial or technical assistance undertaken by the Government or through a
about an unacceptable environmental impact and that the agreement applications. Any conflict that may contractor. The contract for the operation of a mine shall
proponent has complied with the arise under this provision shall be heard and resolved by be awarded to the highest bidder in a public
requirements of the environmental impact statement the panel of arbitrators. bidding after due publication of the notice thereof:
system. Provided, That the contractor shall have the right to
Section 19. Areas Closed to Mining Applications. equal the highest bid upon reimbursement of all
Sec. 3(n). Environmental impact statement (EIS) is the reasonable expenses of the highest bidder.
document which aims to identify, predict, Mineral agreement or financial or technical assistance
interpret, and communicate information regarding changes agreement applications shall not be allowed: CHAPTER XI: SAFETY AND ENVIRONMENTAL PROTECTION
in environmental quality a. In military and other government reservations, except
associated with a proposed project and which examines upon prior written clearance by the Section 63. Mines Safety and Environmental Protection
the range of alternatives for the government agency concerned;
objectives of the proposal and their impact on the b. Near or under public or private buildings, cemeteries, All contractors and permittees shall strictly comply with all
environment. archeological and historic sites, the mines safety rules and regulations as
bridges, highways, waterways, railroads, reservoirs, dams may be promulgated by the Secretary concerning the safe
Section 4 Ownership of Mineral Resources. or other infrastructure projects, and sanitary upkeep of the mining operations
Mineral resources are owned by the State and the public or private works including plantations or valuable and achieve waste-free and efficient mine development.
exploration; development, utilization, and processing crops, except upon written consent of Personnel of the Department involved in the
thereof shall be under its full control and supervision. The the government agency or private entity concerned; implementation of mines safety, health and environmental
State may directly undertake such activities c. In areas covered by valid and existing mining rights; rules and regulations shall be covered under
or it may enter into mineral agreements with contractors. d. In areas expressedly prohibited by law; Republic Act No. 7305.
The State shall recognize and protect the e. In areas covered by small-scale miners as defined by law
rights of the indigenous cultural communities to their unless with prior consent of the Section 64. Mine Labor
ancestral lands as provided for by the Constitution. small-scale miners, in which case a royalty payment upon
the utilization of minerals shall be No person under sixteen (16) years of age shall be
Section 16. Opening of Ancestral Lands for Mining agreed upon by the parties, said royalty forming a trust employed in any phase of mining operations and no
Operations. fund for the socioeconomic person under eighteen (18) years of age shall be employed
development of the community concerned; and underground in a mine.
No ancestral land shall be opened for mining-operations f. Old growth or virgin forests, proclaimed watershed forest
without prior consent of the indigenous cultural reserves, wilderness areas, Section 69. Environmental Protection
community concerned. mangrove forests, mossy forests, national parks
provincial/municipal forests, parks, greenbelts, Every contractor shall undertake an environmental
Section 17. Royalty Payments for Indigenous Cultural game refuge and bird sanctuaries as defined by law and in protection and enhancement program covering the
Communities. areas expressly prohibited under period of the mineral agreement or permit. Such
In the event of an agreement with an indigenous cultural the National Integrated Protected Areas System (NIPAS) environmental program shall be incorporated in the
community pursuant to the preceding section, under Republic Act No. 7586, work program which the contractor or permittee shall
submit as an accompanying document to the
application for a mineral agreement or permit. The work Section 72. Timber Rights.
program shall include not only plans relative to Section 76. Entry into Private Lands and Concession
mining operations but also to rehabilitation, regeneration, Any provision of law to the contrary notwithstanding, a Areas.
revegetation and reforestation of mineralized contractor may be granted a right to cut trees or
areas, slope stabilization of mined-out and tailings covered timber within his mining area as may be necessary for his Subject to prior notification, holders of mining rights shall
areas, aquaculture, watershed development mining operations subject to forestry laws, not be prevented from entry into private lands
and water conservation; and socioeconomic development. rules and regulations: Provided, That if the land covered by and concession areas by surface owners, occupants, or
the mining area is already covered by concessionaires when conducting mining
Section 70. Environmental Impact Assessment (EIA) existing timber concessions, the volume of timber needed operations therein: Provided, That any damage done to the
and the manner of cutting and removal property of the surface owner, occupant, or
Except during the exploration period of a mineral thereof shall be determined by the mines regional director, concessionaire as a consequence of such operations shall
agreement or financial or technical assistance upon consultation with the contractor, the be properly compensated as may be
agreement or an exploration permit, an environmental timber concessionaire/permittee and the Forest provided for in the implementing rules and regulations:
clearance certificate shall be required based on Management Bureau of the Department: Provided, Provided, further, That to guarantee such
an environmental impact assessment and procedures further, That in case of disagreement between the compensation, the person authorized to conduct mining
under the Philippine Environmental Impact contractor and the timber concessionaire, the matter operation shall, prior thereto, post a bond with
Assessment System including Sections 26 and 27 of the shall be submitted to the Secretary whose decision shall be the regional director based on the type of properties, the
Local Government Code of 1991 which require final. The contractor shall perform prevailing prices in and around the area where
national government agencies to maintain ecological reforestation work within his mining area in accordance the mining operations are to be conducted, with surety or
balance, and prior consultation with the local with forestry laws, rules and regulations. sureties satisfactory to the regional director.
government units, non-governmental and peoples
organizations and other concerned sectors of the Section 74. Right to Possess Explosives. CHAPTER XIV: GOVERNMENT SHARE
community: Provided, That a completed ecological profile
of the proposed mining area shall also A contractor/exploration permittee shall have the right to Section 80. Government Share in Mineral Production
constitute part of the environmental impact assessment. possess and use explosives within his Sharing Agreement.
Peoples organizations and non-governmental contract/permit area as may be necessary for his mining
organizations shall be allowed and encouraged to operations upon approval of application with The total government share in a mineral production
participate in ensuring that contractors/permittees shall the appropriate government agency in accordance with sharing agreement shall be the excise tax on
observe all the requirements of environmental protection. existing laws, rules and regulations mineral products as provided in Republic Act No. 7729,
promulgated thereunder: Provided, That the Government amending Section 151(a) of the National
Section 71. Rehabilitation. reserves the right to regulate and control the Internal Revenue Code, as amended.
explosive accessories to ensure safe mining operations.
Contractors and permittees shall technically and Section 81. Government Share in Other Mineral
biologically rehabilitate the excavated, mined-out, Section 75. Easement Rights. Agreements
tailings covered and disturbed areas to the condition of
environmental safety, as may be provided in the When mining areas are so situated that for purposes of The share of the Government in co-production and joint-
implementing rules and regulations of this Act. A mine more convenient mining operations it is venture agreements shall be negotiated by the
rehabilitation fund shall be created, based on the necessary to build, construct or install on the mining areas Government and the contractor taking into consideration
contractors approved work program, and shall be or lands owned, occupied or leased by other the:
deposited as a trust fund in a government depository persons, such infrastructure as roads, railroads, mills, a. capital investment of the project;
bank and used for physical and social rehabilitation of waste dump sites, tailings ponds, warehouses, b. risks involved;
areas and communities affected by mining staging or storage areas and port facilities, tramways, c. contribution of the project to the economy; and
activities and for research on the social, technical and runways, airports, electric transmission, d. other factors that will provide for a fair and equitable
preventive aspects of rehabilitation. Failure to telephone or telegraph lines, dams and their normal flood sharing between the Government and
fulfill the above obligation shall mean immediate and catchment areas, sites for water wells, the contractor
suspension or closure of the mining activities of the ditches, canals, new river beds, pipelines, flumes, cuts, The Government shall also be entitled to compensations
contractor/permittee concerned. shafts, tunnels, or mills, the contractor, upon for its other contributions which shall be
CHAPTER XII: AUXILIARY MINING RIGHTS payment of just compensation, shall be entitled to enter agreed upon by the parties, and shall consist, among other
and occupy said mining areas or lands. things, the contractors income tax, excise
tax, special allowance, withholding tax due from the tailings fee shall accrue to a reserve fund to be used entitled to the applicable fiscal and non-fiscal incentives as
contractors foreign stockholders arising from exclusively for payment for damages to: provided for under Executive Order No. 226,
dividend or interest payments to the said foreign a. Lives and personal safety; otherwise known as the Omnibus Investments Code of
stockholders, in case of a foreign national, and all such b. Lands, agricultural crops and forest products, marine life 1987. Provided, That holders of exploration
other taxes, duties and fees as provided for under existing and aquatic resources, cultural permits may register with the Board of Investments and be
laws. resources; and entitled to the fiscal incentives granted under
The Government share in financial or technical assistance c. Infrastructure and the revegetation and rehabilitation of the said Code for the duration of the permits or extensions
agreement shall consist of, among other silted farm lands and other areas thereof: Provided, further, That miningactivities shall
things, the contractors corporate income tax, excise tax, devoted to agriculture and fishing caused by mining always be included in the investment priorities plan.
special allowance, withholding tax due from pollution.This is in addition to the suspension or closure of
the contractors foreign stockholders arising from dividend the activities of the contractor at any time and the Section 92. Income Tax-Carry Forward of Losses
or interest payments to the said foreign penal sanctions imposed upon the same.The Secretary is
stockholder in case of a foreign national and all such other authorized to increase mine wastes and tailings fees, when A net operating loss without the benefit of incentives
taxes, duties and fees as provided for under public interest so requires, incurred in any of the first ten (10) years of
existing laws. upon the recommendation of the Director. operations may be carried over as a deduction from
The collection of Government share in financial or taxable income for the next five (5) years
technical assistance agreement shall Section 86: Occupation Fees immediately following the year of such loss. The entire
commence after the financial or technical assistance amount of the loss shall be carried over to the
agreement contractor has fully recovered There shall be collected from any holder of a mineral first of the five (5) taxable years following the loss, and any
its pre-operating expenses, exploration, and development agreement, financial or technical assistance portion of such loss which exceeds the
expenditures, inclusive. agreement or exploration permit on public or private taxable income of such first year shall be deducted in like
lands, an annual occupation fee in accordance with manner from the taxable income of the next
CHAPTER XV: TAXES AND FEES the following schedule: remaining four (4) years .
a. For exploration permit Five pesos (P5.00) per hectare
Section 83. Income Taxes. or fraction thereof per annum; Section 94. Investment Guarantees
b. For mineral agreements and financial or technical
After the lapse of the income tax holiday as provided for in assistance agreements Fifty pesos f . Confidentiality . Any confidential information supplied
the Omnibus Investments Code, the (P50.00) per hectare or fraction thereof per annum; and by the contractor pursuant to this Act
contractor shall be liable to pay income tax as provided in c. For mineral reservation One hundred pesos (P100.00) and its implementing rules and regulations shall be treated
the National Internal Revenue Code, as per hectare or fraction thereof per as such by the Department and the
amended. annum. Government, and during the term of the project to which
The Secretary is authorized to increase the occupation fees it relates.
Section 84. Excise Tax on Mineral Products. provided herein when the public interest so
requires, upon recommendation of the Bureau Director. Section 108 Violation of the Terms and Conditions of the
The contractor shall be liable to pay the excise tax on Environmental Compliance Certificate.
mineral products as provided for under Section Section 88. Allocation of Occupation Fees.
151 of the National Internal Revenue Code: Provided, Any person who willfully violates or grossly neglects to
however, That with respect to a mineral Thirty per centum (30%) of all occupational fees collected abide by the terms and conditions of the
production sharing agreement, the excise tax on mineral from holders of mining rights in onshore environmental compliance certificate issued to said person
products shall be the government share under mining areas shall accrue to the province and seventy per and which causes environmental damage
said agreement. centum (70%) to the municipality in which the through pollution shall suffer the penalty of imprisonment
onshore mining areas are located. In a chartered city, the of six (6) months to six (6) years or a fine of
Section 85.Mine Wastes and Tailings Fees full amount shall accrue to the city concerned. Fifty thousand pesos (P50,000.00) to Two hundred
thousand pesos (P200,000.00), or both, at the
A semi-annual fee to be known as mine wastes and tailings CHAPTER XVI: INCENTIVES discretion of the court.
fee is hereby imposed on all operating
mining companies in accordance with the implementing Section 90. Incentives
rules and regulations. The mine wastes and The contractors in mineral agreements, and financial or 10. Selection Provisions of the Local Government
technical assistance agreements shall be Code (R.A. 7160)
organizations, and other sectors concerned and explain the TITLE VI: LOCAL DEVELOPMENT COUNCILS
Section 2. Declaration of Policy. - goals and objectives of the project or
(a) It is hereby declared the policy of the State that the program, its impact upon the people and the community Section 106. Local Development Councils. - (a) Each local
territorial and political subdivisions of the in terms of environmental or ecological government unit shall have a comprehensive
State shall enjoy genuine and meaningful local autonomy balance, and the measures that will be undertaken to multi-sectoral development plan to be initiated by its
to enable them to attain their fullest prevent or minimize the adverse effects development council and approved by its
development as self-reliant communities and make them thereof . sanggunian. For this purpose, the development council at
more effective partners in the attainment the provincial, city, municipal, or barangay
of national goals. Toward this end, the State shall provide Section 27. Prior Consultations Required . - No project or level, shall assist the corresponding sanggunian in setting
for a more responsive and accountable program shall be implemented by the direction of economic and social
local government structure instituted through a system of government authorities unless the consultations development, and coordinating development efforts within
decentralization whereby local mentioned in Sections 2 (c) and 26 hereof are complied its territorial jurisdiction.
government units shall be given more powers, authority, with, and prior approval of the sanggunian concerned is
responsibilities, and resources. The obtained: Provided, That occupants in areas Section 107. Composition of Local Development Councils.
process of decentralization shall proceed from the national where such projects are to be implemented shall not be - The composition of the local development
government to the local government evicted unless appropriate relocation sites have council shall be as follows:
units. been provided, in accordance with the provisions of the (1) Members of the sangguniang barangay;
Constitution . (2) Representatives of non-governmental organizations
Section 16. General Welfare. - Every local government unit operating in the barangay who
shall exercise the powers expressly CHAPTER IV: Relations With People's and Non- shall constitute not less than one fourth () of the
granted, those necessarily implied therefrom, as well as Governmental Organizations members of the fully organized council;
powers necessary, appropriate, or (3) A representative of the congressman.(b) The city or
incidental for its efficient and effective governance, and Section 34. Role of People's and Non-governmental municipal development council shall be headed by the
those which are essential to the Organizations. - Local government units shall mayor and shall be
promotion of the general welfare. Within their respective promote the establishment and operation of people's and composed of the following members:
territorial jurisdictions, local government non-governmental organizations to become (1) All punong barangays in the city or municipality;
units shall ensure and support, among other things, the active partners in the pursuit of local autonomy. (2) The chairman of the committee on appropriations of
preservation and enrichment of culture, the sangguniang panlungsod or
promote health and safety, enhance the right of the Section 35. Linkages with People's and Non-governmental sangguniang bayan concerned;
people to a balanced ecology, encourage and Organizations. - Local government units may (3) The congressman or his representative; and
support the development of appropriate and self-reliant enter into joint ventures and such other cooperative (4) Representatives of non-governmental organizations
scientific and technological capabilities, arrangements with people's and non-governmental operating in the city or
improve public morals, enhance economic prosperity and organizations to engage in the delivery of certain basic municipality, as the case may be, who shall constitute not
social justice, promote full employment services, capability-building and livelihood less than one-fourth () of the
among their residents, maintain peace and order, and projects, and to develop local enterprises designed to members of the fully organized council.
preserve the comfort and convenience of improve productivity and income, diversity
their inhabitants. agriculture, spur rural industrialization, promote ecological Sec. 199(p)"Mineral Lands" are lands in which minerals,
balance, and enhance the economic and social metallic or non-metallic, exist in sufficient
Section 26. Duty of National Government Agencies in the well-being of the people. quantity or grade to justify the necessary expenditures to
Maintenance of Ecological Balance . - It extract and utilize such materials;
shall be the duty of every national agency or government- Section 36. Assistance to People's and Non-governmental
owned or controlled corporation authorizing or Organizations. - A local government unit may, Section 290. Amount of Share of Local Government
involved in the planning and implementation of any project through its local chief executive and with the concurrence Units . - Local government units shall, in addition
or program that may cause pollution, climatic of the sanggunian concerned, provide to the internal revenue allotment, have a share of forty
change, depletion of non-renewable resources, loss of crop assistance, financial or otherwise, to such people's and percent (40%) of the gross collection derived by
land, rangeland, or forest cover, and non-governmental organizations for economic, the national government from the preceding fiscal year
extinction of animal or plant species, to consult with the socially-oriented, environmental, or cultural projects to be from mining taxes, royalties, forestry and fishery
local government units, nongovernmenta l implemented within its territorial jurisdiction. charges, and such other taxes, fees, or charges, including
related surcharges, interests, or fines, and
from its share in any co-production, joint venture or
production sharing agreement in the utilization and
development of the national wealth within their territorial
jurisdiction.