Mineral

Resources
Extraction

Mineral Resources Extraction

GROUP 6

Gonzales, Von
Lee, Agatha
Lopez, Virnadette
Maligaya, Aldrin
Nonoy, Rodaiza

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Mining in the Philippines

NEWS
and
UPDATES

Mineral Resources Extraction

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 I. THE MINING INDUSTRY
Contribution of the Mining Industry to the Economy

1. On the Employment Generation.

Consistent with the Date from Mines and Geo Sciences Bureau (MGB) the mining and Quarying sector
contributes only more less than 1% in the total national employment.

Mining Contribution to Total Employment (2017-2020)

2017 2018 2019 Q1 2020
203,000 Jobs 207,000 Jobs 190,000 Jobs 190,000 Jobs
0.5% 0.5% 0.5% 0.5%

Mining Industry is considered around the world as a low – employment generating activity .

2. On the Tax Collected by the Government

Year Gross Production Taxes Collected Ratio
Value
2017 170.2 Billion 25,926.8 Million 15.23 %
2018 179.3 Billion 31,306.1 Million 17.46%
2019 131.3 Billion 15,473 Million 11.78%
Q1 2020 24.9 Billion 143.9 Million 0.58%

Poverty Incidence In Mining

In 2006, income poverty in the sector was at 34.64 and by 2009 it increased to 48.71.

Mineral Resources Extraction

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Environmental and Social Cost

MARCOPPER Mining Disaster

The incident involved the Marcopper Mining Corporation, the largest mining company in Marinduque,
which had been carrying out open-pit copper mining since the 1970s. When the company finished one of
its operations in Marinduque, it plugged the old pit with concrete so that it could act as a disposal pond for
mine waste. Seepage was then discovered in August 1995. It then ruptured and caused discharged tailings
into the Boac river system.

This resulted to the release of 1.6 million cubic meters of tailings along the river. The toxic spills caused
flash floods that isolated five villages with a population of 4,400 people. The government estimates that
the toxic tailings waste caused the residents to have levels of zinc and copper in their bodies that are
beyond tolerable levels. Water sources were also contaminated.

Rapu – Rapu Mining Tragedy

There were two incidents of spilling of mine tailings. The first incident on October11, 2005 was caused by a
malfunctioning of a pumping unit that resulted into an overflow of tailings into the open sea. On October
31, 2005, there were heavy rains that led to the overflowing of the mine

Mineral Resources Extraction

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 II. LAWS GOVERNING MINERAL EXTRACTION RESOURCES IN THE
PHILIPPINES

HIGHLIGHTS OF THE PHILIPPINE MINING ACT OF 1995 (RA 7942) AND ITS REVISED
IMPLEMENTING RULES AND REGULATIONS

The Philippine Mining Act of 1995 and its Revised Implementing Rules and Regulations (RIRR) is considered
in the industry today as one of the most socially and environmentally-sensitive legislations in its class. It has
specific provisions that take into consideration:
 Local government empowerment;
 Respect and concern for the indigenous cultural communities;
 Equitable sharing of benefits of natural wealth;
 Economic demands of present generation while providing the necessary foundation for future
generations;
 Worldwide trend towards globalization; and
 Protection for and wise management of the environment.

Declaration of Policy

All mineral resources in public and private lands within the territory and exclusive economic zone of the
Republic of the Philippines are owned by the State. It shall be the responsibility of the State to promote
their rational exploration, development, utilization and conservation through the combined efforts of
government and the private sector in order to enhance national growth in a way that effectively safeguards
the environment and protect the rights of affected communities.

GOVERNING PRINCIPLES

The Implementing Rules and Regulations (DENR Administrative Order No.96-40) of the Philippine Mining
Act of 1995 provides strict adherence to the principle of SUSTAINABLE DEVELOPMENT. This strategy
mandates that the needs of the present should be met without compromising the ability of the future
generations to meet their own needs, with the view of improving the quality of life, both now and in the
future. Sustainable development provides that the use of mineral wealth shall be pro-people and pro-
environment in sustaining wealth creation and improve quality of life.

The principles of SUSTAINABLE MINING operates under the following terms: Mineral Resources Extraction

 Mining is a temporary land use for the creation of wealth, leading to an optimum land use in post-
mining stage as consequence of progressive and engineered mine rehabilitation works done in
cycle with mining operations;
 Mining activities must always be guided by current Best Practices in environmental management
committed to reducing the impacts of mining while efficiently and effectively protecting the
environment.
 The wealth created as a result of mining accruing to the Government and the community should
lead to other wealth-generating opportunities for people in the communities and for other
environment-responsible endeavors.
 Mining activities shall be undertaken with due and equal regard for economic and environmental
considerations, as well as for health, safety, social and cultural concerns.
 Conservation of minerals is effected not only through technological efficiencies of mining
operations but also through the recycling of mineral-based products, to effectively lengthen the
usable life of mineral commodities.
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  The granting of mining rights shall harmonize existing activities, policies and programs of the
Government that directly or indirectly promote self-reliance, development and resource
management. Activities, policies and programs that promote community-based, community-
oriented and procedural development shall be encouraged, consistent with the principles of
people empowerment and grassroots development.

ORGANIZATIONAL IMPLEMENTATION

The Mining Act reverts back the Mines and Geosciences Bureau (MGB) from a Staff to a Line Bureau. Under
this arrangement, the MGB Central Office has now the administrative jurisdiction and responsibility over its
regional offices. The Line Bureau structure was contemplated to ensure organizational efficiency and
flexibility in managing limited resources and technical expertise.

The authorities/responsibilities of the MGB are as follows:

 Management and administration of mineral lands and resources, including the granting of mining
permits and mineral agreements;
 Enforcement and monitoring of Environmental Work Programs (EWP) and Environmental
Protection and Enhancement Program (EPEP);
 Establishment and operationalization of the Contingent Liability and Rehabilitation Fund (CLRF), as
well as the mandatory Final Mine Rehabilitation and Decommissioning Plan;
 Cancel mining applications and mining rights violating the provisions of the Mining Act, its
implementing rules and regulations, and/or the terms and conditions of a mining
permit/contract/agreement;
 For the Regional Directors to impose Cease-and-Desist Orders (CDO);
 To deputize the PNP, LGUs, NGOs and other responsible entities to police mining activities;
 To assist the Environmental Management Bureau (EMB)/DENR Regional Offices in
processing/evaluation/conduct of EIA in mining projects;
 To manage and administer Mineral Reservation area (Note: Mineral Reservations, under the New
Act, include offshore marine areas.)

ROLE OF LOCAL GOVERNMENTS

The IRR highlights the role of local government units (LGUs) in mining projects, both as beneficiaries and as
active participants in mineral resources management, in consonance with the Constitution and
government policies on local autonomy and empowerment. As such, the Mining Act provides the Mineral Resources Extraction
following:
 In consonance with the Local Government Code of 1992 (LGC), LGUs have a share of forty percent
(40%) of the gross collection derived by the National Government from mining taxes, royalties and
other such taxes, fees or charges from mining operations in addition to the occupational fees (30%
to the Province and 70% to the Municipalities concerned);
 In consonance with the LGC and the People Small-Scale Mining Act (RA 7076), the LGUs shall be
responsible for the issuance of permits for small-scale mining and quarrying operations, through
the Provincial/City Mining Regulatory Boards (PMRBs/CMRBs);
 To actively participate in the process by which the communities shall reach an informed decision
on the social acceptability of a mining project as a requirement for securing an Environmental
Compliance Certificate (ECC);
 To ensure that relevant laws on public notices, consultations and public participation are complied
with;
 To participate in the monitoring of mining activities as a member of the Multipartite Monitoring
Team, as well as in the Mine Rehabilitation Fund Committee;
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  To act as mediator between the Indigenous Cultural Communities (ICCs) and the mining contractor
as may be requested/necessary;
 To be the recipients of social infrastructures and community development projects for the
utilization and benefit of the host and neighboring communities; and
 To coordinate with and assist the DENR and the MGB in the implementation of the Mining Act and
the IRR.

AREAS CLOSED TO THE MINING APPLICATION

Pursuant to the Mining Act of 1995 and in consonance with State policies and existing laws, areas may
either be closed to mining operations, or conditionally opened, as follows:

Areas CLOSED to mining applications:

 Areas covered by valid and existing mining rights and applications;

 Old growth or virgin forests, mossy forests, national parks, provincial/municipal forests, tree parks,
greenbelts, game refuge, bird sanctuaries and areas proclaimed as marine reserve/marine parks
and sanctuaries and areas proclaimed as marine reserve/marine parks and tourist zones as defined
by law and identified initial components of the NIPAS, and such areas as expressly prohibited
thereunder, as well as under DENR Administrative Order No. 25, s. 1992, and other laws;
 Areas which the Secretary may exclude based, inter alia, or proper assessment of their
environmental impacts and implications on sustainable land uses, such as built-up areas and critical
watershed with appropriate barangay/municipal/provincial Sanggunian ordinances specifying
therein the location and specific boundaries of the concerned area; and
 Areas expressly prohibited by law.

The following areas may be opened for mining operations, the approval of which are subject to the
following conditions:
 Military and other government reservations, upon prior written consent by the government agency
having jurisdiction over such areas;
 Areas near or under public or private buildings, cemeteries, and archaeological and historic sites,
bridges, highways, waterways, railroads, reservoirs, dams and other infrastructure projects, public
or private works, including plantations or valuable crops, upon written consent of the concerned
government agency or private entity, subject to technical evaluation and validation by the MGB;
 Areas covered by FTAA applications, which shall be opened, for quarry resources upon written
consent of the FTAA applicants/contractors. However, mining applications for sand and gravel shall Mineral Resources Extraction
require no such consent;
 DENR Project areas upon prior consent from the concerned agency.

ANCESTRAL LANDS AND ICC AREAS

The Mining Act fully recognizes the rights of the Indigenous Peoples (IPs)/Indigenous Cultural Communities
(ICCs) and respect their ancestral lands. Thus, in accordance with DENR Administrative Order No. 2, and
consistent with the new Indigenous Peoples Rights Act (IPRA), the following shall be observed:
 No mineral agreements, FTAA and mining permits shall be granted in ancestral lands/domains
except with prior informed consent in: a) CADC/CLC areas; and b) areas verified by the DENR
Regional Office and/or appropriate offices as actually occupied by Indigenous Cultural
Communities under a claim of time immemorial possession;
 Where written consent is granted by the ICCs, a royalty payment shall be negotiated which shall
not be less than 1% of the Gross Output of the mining operations in the area. This Royalty shall
form part of a Trust Fund for socioeconomic well being of the ICCs in accordance with the
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 management plan formulated by the ICCs in the CADC/CALC area. (In a large-scale mining
operation the 1-% Royalty could easily run into several tens of million pesos per year).
 Representation in the Multi-partite Monitoring Committee;

SOCIAL AND COMMUNITY DEVELOPMENT AND RESEARCH AND DEVELOPMENT

The Mining contractors/operators shall allocate a minimum of 1% of their direct mining and milling costs
for the following:

 Development of the host and neighboring communities and mine camp, including the construction
and maintenance of social infrastructures to promote the general welfare of the inhabitants in the
area. Such infrastructures include roads and bridges, school buildings, churches, recreational
facilities, housing facilities, water and power supplies, etc.;
 For the development of mining technology and geosciences, particularly those related to improved
efficiencies and environmental protection and rehabilitation;

The mining contracts under the regimes of MPSA and FTAA also provide for the mandatory Filipinization
program, technology transfer, and the training and priority employment of local residents. These contracts
further mandate that mining operations shall maximize the utilization of local goods and services, the
creation of self-sustaining generating activities, and skills-development.

ENVIRONMENTAL AND SAFETY CONCERNS

A significant feature of the Mining Act of 1995 and its IRR is the premium given to environmental
protection. Stringent measures were institutionalized to ensure the compliance of mining
contractors/operators to internationally accepted standards of environmental management. On top of the
ECC conditionalities, herewith are some of the highlights provided for in the IRR;
 Mandatory allocation of an approximately 10% of the initial capital expenditures of the mining
project for environment-related activities;
 Mandatory annual allocation of 3-5% of the direct mining and milling costs to implement an Annual
Environmental Protection and Enhancement Program;
 Mandatory establishment of a MINE REHABILITATION FUND (MRF) to be composed of: a) a
Monitoring Trust Fund of P50,000 which is replenishable; and b) a Rehabilitation Cash Fund of P5
Million or 10% of the EPEP cost, whichever is lower. Such Funds are to be deposited as trust
account in a government depository bank to be managed by MRF Committee composed of the
MGB Regional Director, DENR Regional Executive Director, representatives from the LGU and an Mineral Resources Extraction
NGO, and the Contractor;
 Mandatory establishment of the Contingent Liability and Rehabilitation Fund (CLRF) to be managed
by a Steering Committee chaired by the MGB Director with members coming from concerned
government agencies;
 Conduct of Environmental Work Program (EWP) during the exploration stage and an
Environmental Protection and Enhancement Program (EPEP) during the development and
operations stage.
 Institutionalization of an incentive mechanism to mining companies utilizing engineered and well-
maintained mine waste and tailings disposal systems with zero-discharge of materials/effluents
and/or with wastewater treatments plants;
 Mandatory constitution and operationalization of a Multipartite Monitoring Team composed of
representatives from the MGB, DENR Regional Office, affected communities, Indigenous Cultural
Communities, an environmental NGO, and the Contractor/Permit Holder, to monitor mining
operations;

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  Mandatory establishment and operationalization of a Mine Environmental and Protection and
Enhancement Office (MEPEO) in each mining/contract area which shall set the level of priorities
and marshal the resources needed to implement environmental management programs;
 Conduct of an independent environmental audit to identify environmental risks affecting mining
operations as a basis for the development of an effective environmental management system;
 Mandatory preparation and implementation of a final Mine Rehabilitation/ Decommissioning Plan
at least five (5) year prior to the end of the life of the mine, to be undertaken in consultation and in
coordination with the concerned communities, and shall be submitted for approval by the MGB
and LGU concerned;
 Imposition of higher penalty (P50.00/MT) to mining companies that are found to have illegally
discharged and/or discharging solid fractions of tailings into areas other than the approved tailings
disposal area;
 Authorizing the MGB Regional Director to summarily suspend mining/quarrying operations in case
of imminent danger to human safety or the environment;
 Mandatory compliance with the rules and regulations of the Mines Safety Rules and Regulations by
all Contractors, Permittees, Lessees, Permit Holders and Service Contractors; and
 Institution of the Presidential Mineral Industry Environmental Award to be given to exploration or
operating mining companies based on their exemplary environmental performance and
accomplishments.

ON SOCIAL ACCEPTABILITY

Mining contractors/operators shall allocate a minimum of 1% of their direct mining and milling costs for
the development of the following:
 Host and neighboring communities and mine camp to promote the general welfare of inhabitants
in the area. This includes construction and maintenance of infrastructures such as roads and
bridges, school buildings, housing and recreational facilities, water and power supplies, etc.;
 Mining technology and geosciences, particularly those related to improved efficiencies and
environmental protection and rehabilitation.

MINING PERMITS GRANTED TO QUALIFIED PERSONS

The following are the types of mining permits granted under the Mining Act of 1995 and its IRR:

Exploration Permit - these permits are issued to qualified individuals or local and foreign corporations
granting them to undertake purely mineral exploration activities. Has a term of two (2) years renewable for Mineral Resources Extraction
like terms but not to exceed a total term of six (6) years for non-metallic minerals and eight (8) years for
metallic minerals. The Permittee may eventually apply for Mineral Agreement or FTAA, subject to
maximum areas limitations. The maximum areas allowed per qualified person under an Exploration Permit
are: 1,620 hectares in any one province or 3,240 hectares in the entire country for an individual; and 16,
200 hectares in any one province or 32,400 hectares in the entire country for a corporation, association,
cooperative or partnership.

Mineral Agreement - are granted to individuals or local corporations giving them the right to explore,
develop and utilize the minerals within the contract area. There are three modes of Mineral Agreements
namely:

Mineral Production Sharing Agreement (MPSA) - an agreement wherein the Government grants to
the contractor the exclusive right to conduct mining operations within, but not title over, the
contract area and shares in the production whether in kind or in value as the owner of the minerals
therein. The Contractor shall provide the necessary financing technology, management and
personnel;
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 Co-Production Agreement (CA) - an agreement between the Government and the Contractor
wherein the Government shall provide inputs to the mining operations other than the mineral
resources; and

Joint Venture Agreement (JVA) - an agreement where the Government and the Contractor
organize a joint venture company with both parties having equity shares. Aside from earnings in
equity, the Government shall be entitled to a share in the gross output.

Financial or Technical Assistance Agreements (FTAA) - a mining contract for large-scale exploration,
development and utilization of minerals which allows up to 100% foreign equity participation/ownership.

Sand and Gravel Permits - are issued for the extraction, removal and disposition of sand and gravel and
other loose or unconsolidated materials. Permits with areas not exceeding 5 hectares are issued by the
Provincial Governor/City Mayor while those exceeding 5 hectares but not more than 20 hectares are issued
by the MGB Regional Director. A Sand and Gravel Permit has a term of 5 years and renewable for like
terms.

Quarry Resources Permits - In accordance with the Local Government Code of 1991, mining permits with
areas not more than 5 hectares have been devolved to the Provincial Governor or the City Mayor for
approval upon recommendation of the Provincial/City Mining Regulatory Board. These include the Quarry
Permit, Guano Permit, Gratuitous Permit and Gemstone Gathering Permit.
Small-Scale Mining Permits - In consonance with the Local Government Code and RA No. 7076, small-scale
mining permits are approved and issued by the City Mayor/Provincial Governor, upon recommendation of
the Provincial/City Mining Regulatory Board.

Mineral Processing Permit – a permit granting the right to process minerals. It is issued by the DENR
Secretary with a term of 5 years and renewable for like terms.

Ore Transport Permit – no minerals, mineral products and by-products shall be transported unless
accompanied by an Ore Transport Permit. The OTP is issued by the MGB Regional Director concerned.

What is RESPONSIBLE MINING?

According to Undersecretary Mario Luis J Jacinto mining can only be responsible if the development of the
country’s mineral resources is based on technical feasibility, environmental sustainability, social
acceptability, and financial viability.
Mineral Resources Extraction

REPUBLIC ACT No. 7076

People's Small-scale Mining Act of 1991

"Small-scale mining" refers to mining activities which rely heavily on manual labor using simple implement
and methods and do not use explosives or heavy mining equipment

People's Small-scale Mining Program. – For the purpose of carrying out the declared policy provided in
Section 2 hereof, there is hereby established a People's Small-scale Mining Program to be implemented by
the Secretary of the Department of Environment and Natural Resources, hereinafter called the
Department, in coordination with other concerned government agencies, designed to achieve an orderly,
systematic and rational scheme for the small-scale development and utilization of mineral resources in
certain mineral areas in order to address the social, economic, technical, and environmental connected
with small-scale mining activities.
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The People's Small-scale Mining Program shall include the following features:

(a) The identification, segregation and reservation of certain mineral lands as people's small-scale mining
areas;

(b) The recognition of prior existing rights and productivity;

(c) The encouragement of the formation of cooperatives;

(d) The extension of technical and financial assistance, and other social services;

(e) The extension of assistance in processing and marketing;

(f) The generation of ancillary livelihood activities;

(g) The regulation of the small-scale mining industry with the view to encourage growth and productivity;
and

(h) The efficient collection of government revenue.

Declaration of People's Small-scale Mining Areas. – The Board is hereby authorized to declare and set
aside people's small-scale mining areas in sites onshore suitable for small-scale mining, subject to review
by the Secretary, immediately giving priority to areas already occupied and actively mined by small-scale
miners before August 1, 1987: provided, that such areas are not considered as active mining areas:
provided, further, that the minerals found therein are technically and commercially suitable for small-scale
mining activities: provided, finally, that the areas are not covered by existing forest rights or reservations
and have not been declared as tourist or marine reserved, parks and wildlife reservations, unless their
status as such is withdrawn by competent authority.

Rights Under a People's Small-scale Mining Contract. – A people's small-scale mining contract entitles the
small-scale mining contractor to the right to mine, extract and dispose of mineral ores for commercial
purposes. In no case shall a small-scale mining contract be subcontracted, assigned or otherwise
transferred.

Rights of Claimowners. – In case a site declared and set aside as a people's-scale mining area is covered by
an existing mining right, the claimowner and the small-scale miners therein are encouraged to enter into a Mineral Resources Extraction
voluntary and acceptable contractual agreement with respect to the small-scale utilization of the mineral
values from the area under claim. In case of disagreement, the claimowner shall be entitled to the
following rights and privileges:

(a) Exemption from the performance of annual work obligations and payment of occupation fees, rental,
and real property taxes;

(b) Subject to the approval of the Board, free access to the contract area to conduct metallurgical tests,
explorations and other activities, provided such activities do not unduly interfere with the operations of
the small-scale miners; and

(c) Royalty equivalent to one and one half percent (1 1/2%) of the gross value of the metallic mineral
output or one percent (1%) of the gross value of the nonmetallic mineral output to be paid to the
claimowner: provided, that such rights and privileges shall be available only if he is not delinquent and
other performance of his annual work obligations and other requirements for the last two (2) years prior to
the effectivity of this Act. 11
Rights of Private Landowners. – The private landowner or lawful possessor shall be notified of any plan or
petition to declare his land as a people's small-scale mining area. Said landowner may oppose such plan or
petition in an appropriate proceeding and hearing conducted before the Board.

If a private land is declared as a people's small-scale mining area, the owner and the small-scale mining
contractors are encouraged to enter into a voluntary and acceptable contractual agreement for the small-
scale utilization of the mineral values from the private land: provided, that the owner shall in all cases be
entitled to the payment of actual damages which he may suffer as a result of such declaration: provided,
further, that royalties paid to the owner shall in no case exceed one percent (1%) of the gross value of the
minerals recovered as royalty.

Republic Act No. 8371

“An Act To Recognize, Protect And Promote The Rights Of Indigenous Cultural Communities/Indigenous
Peoples, Creating A National Commission On Indigenous Peoples, Establishing Implementing Mechanisms,
Appropriating Funds Therefor, And For Other Purposes”

SECTION 4. Concept of Ancestral Lands/Domains. — Ancestral lands/domains shall include such concepts of
territories which cover not only the physical environment but the total environment including the spiritual
and cultural bonds to the areas which the ICCs/IPs possess, occupy and use and to which they have claims
of ownership.

SECTION 5. Indigenous Concept of Ownership. — Indigenous concept of ownership sustains the view that
ancestral domains and all resources found therein shall serve as the material bases of their cultural
integrity. The indigenous concept of ownership generally holds that ancestral domains are the ICC’s/IP’s
private but community property which belongs to all generations and therefore cannot be sold, disposed
or destroyed. It likewise covers sustainable traditional resource rights.

SECTION 6. Composition of Ancestral Lands/Domains. — Ancestral lands and domains shall consist of all
areas generally belonging to ICCs/IPs as referred under Sec. 3, items (a) and (b) of this Act.

SECTION 7. Rights to Ancestral Domains. — The rights of ownership and possession of ICCs/IPs to their
ancestral domains shall be recognized and protected. Such rights shall include:
a. Right of Ownership. — The right to claim ownership over lands, bodies of water traditionally and
actually occupied by ICCs/IPs, sacred places, traditional hunting and fishing grounds, and all Mineral Resources Extraction
improvements made by them at any time within the domains;

b. Right to Develop Lands and Natural Resources. — Subject to Section 56 hereof, right to develop,
control and use lands and territories traditionally occupied, owned, or used; to manage and
conserve natural resources within the territories and uphold the responsibilities for future
generations; to benefit and share the profits from allocation and utilization of the natural
resources found therein; the right to negotiate the terms and conditions for the exploration of
natural resources in the areas for the purpose of ensuring ecological, environmental protection
and the conservation measures, pursuant to national and customary laws; the right to an informed
and intelligent participation in the formulation and implementation of any project, government or
private, that will affect or impact upon the ancestral domains and to receive just and fair
compensation for any damages which they may sustain as a result of the project; and the right to
effective measures by the government to prevent any interference with, alienation and
encroachment upon these rights;

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 c. Right to Stay in the Territories. — The right to stay in the territory and not to be removed
therefrom. No ICCs/IPs will be relocated without their free and prior informed consent, nor
through any means other than eminent domain. Where relocation is considered necessary as an
exceptional measure, such relocation shall take place only with the free and prior informed
consent of the ICCs/IPs concerned and whenever possible, they shall be guaranteed the right to
return to their ancestral domains, as soon as the grounds for relocation cease to exist. When such
return is not possible, as determined by agreement or through appropriate procedures, ICCs/IPs
shall be provided in all possible cases with lands of quality and legal status at least equal to that of
the land previously occupied by them, suitable to provide for their present needs and future
development. Persons thus relocated shall likewise be fully compensated for any resulting loss or
injury;

d. Right in Case of Displacement. — In case displacement occurs as a result of natural catastrophes,

the natural catastrophes, the State shall endeavor to resettle the displaced ICCs/IPs in suitable
areas where they can have temporary life support systems: Provided, That the displaced ICCs/IPs
shall have the right to return to their abandoned lands until such time that the normalcy and safety
of such lands shall be determined: Provided, further, That should their ancestral domain cease to
exist and normalcy and safety of the previous settlements are not possible, displaced ICCs/IPs shall
enjoy security of tenure over lands to which they have been resettled: Provided, furthermore, That
basic services and livelihood shall be provided to them to ensure that their needs are adequately
addressed;

State shall endeavor to resettle the displaced ICCs/IPs in suitable areas where they can have
temporary life support systems: Provided, That the displaced ICCs/IPs shall have the right to return
to their abandoned lands until such time that the normalcy and safety of such lands shall be
determined: Provided, further, That should their ancestral domain cease to exist and normalcy and
safety of the previous settlements are not possible, displaced ICCs/IPs shall enjoy security of tenure
over lands to which they have been resettled: Provided, furthermore, That basic services and
livelihood shall be provided to them to ensure that their needs are adequately addressed;

e. Right to Regulate Entry of Migrants. — Right to regulate the entry of migrant settlers and
organizations into the domains;

f. Right to Safe and Clean Air and Water. — For this purpose, the ICCs/IPs shall have access to
integrated systems for the management of their inland waters and air space;

g. Right to Claim Parts of Reservations. — The right to claim parts of the ancestral domains which Mineral Resources Extraction
have been reserved for various purposes, except those reserved and intended for common public
welfare and service; and

h. Right to Resolve Conflict. — Right to resolve land conflicts in accordance with customary laws of
the area where the land is located, and only in default thereof shall the complaints be submitted to
amicable settlement and to the Courts of Justice whenever necessary.

Republic Act 9003

“An Act Providing For An Ecological Solid Waste Management Program, Creating The Necessary
Institutional Mechanisms And Incentives, Declaring Certain Acts Prohibited And Providing Penalties,
Appropriating Funds Therefor, And For Other Purposes”

 “Solid waste” shall refer to all discarded household, commercial waste, non-hazardous institutional,
ports / harbour and industrial waste, street sweepings, construction debris, agriculture waste, and
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 other non-hazardous/non-toxic solid waste. Unless specifically noted otherwise, the term “solid waste”
as used in the Act shall not include:
Waste resulting from mining activities, including contaminated soil and debris.

SECTION 48. Prohibited Acts. — The following acts are prohibited:

(1) Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros
or parks, and establishment, or causing or permitting the same;
(2) Undertaking activities or operating, collecting or transporting equipment in violation of sanitation
operation and other requirements or permits set forth in or established pursuant to this Act;

SECTION 49. Fines and Penalties. —

(a) Any person who violates Sec. 48, paragraph (1) shall, upon conviction, be punished with a fine of not
less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or render
community service for not less than one (1) day to not more than fifteen (15) days to an LGU where such
prohibited acts are committed, or both;
(b) Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction, be punished with a fine of not
less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or
imprisonment of not less than one (1) day to not more than fifteen (15) days, or both;

Republic Act 6969

“Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990”

SECTION 2. Declaration of Policy. — It is the policy of the State to regulate, restrict or prohibit the
importation, manufacture, processing, sale, distribution, use and disposal of chemical substances and
mixtures that present unreasonable risk and/or injury to health or the environment; to prohibit the entry,
even in transit, of hazardous and nuclear wastes and their disposal into the Philippine territorial limits for
whatever purpose; and to provide advancement and facilitate research and studies on toxic chemicals.

Mining Activities uses several toxic chemicals for their operations such as:
 cyanide, sulfuric acid, and solvents
 nitric acid
 ammonium nitrate and fuel oil (“ANFO”)
 heavy metals such as mercury, uranium, and lead

Requirement for Mineral Resources Extraction:

Mineral Resources Extraction
Interim Importation Permit/certification from EMB on the use of chemicals (e.g. cyanide, mercury) in
compliance with R.A. No. 6969. Non- Compliance of the required report would lead to cancellation of
mining permit and criminal charges with penalties of imprisonment and fine (Section 14 of RA 6969).

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 III. RECOMMENDATIONS
Defining a policy to get the best deal for the people

 Equal benefits from mining for country and local communities with the investors
 Re-negotiation of fiscal incentives and taxation regime in mining
 Modification of mining revenue system for the government

Defining clear indicators for reforms

 Systematic monitoring and evaluation process based on clear and measurable indicators for
responsible mining
 Objective, third-party review of current operating mines to determine compliance with responsible
mining
 Comprehensive compilation of best practices for mining

Continuous capacity building

 Standard Resource and Environment Valuation

 Cost-benefit analysis and standard parameters
 Risk assessment

Setting a clear action plan with a reasonable timetable and sufficient budget and personnel
support

 Clear, doable, time-bound, adequately funded action plan

 Provide manpower needed to implement the reforms both national and local
 Consistency
Mineral Resources Extraction

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Sources:

 Arsenio Balicasan,What Has Really Happened to Poverty in the Philippines? New Measures,
Evidence, and Policy Implication, University of the Philippines School of Economics (Discussion
Papers 14, 2011).
 Prof. Antonio G.M. La Viña, J. (2019). Law and Ecology: Environmental Law and Policy.
 https://news.abs-cbn.com/news/09/25/20/environment-chief-suspends-dolomite-mining-ops-in-
cebu-source-of-manila-bay-white-sand
 https://news.abs-cbn.com/news/07/22/20/denr-seeks-compliance-of-mining-firms-closed-by-late-
environment-chief-gina-lopez
 https://newsprod.abs-cbnnews.com/video/business/09/10/19/environmental-groups-question-
ph-officials-on-credibility-of-mining-audits
 https://www.eco-business.com/news/indigenous-groups-continue-fight-against-newly-revived-
philippine-mine/
 https://news.abs-cbn.com/news/04/02/19/the-marcopper-mine-spill-and-the-unending-wait-for-
justice
 https://mgb.gov.ph/images/Mineral_Statistics/MIS_Q12020_May292020.pdf

Mineral Resources Extraction

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