Laws Title No.

“No Go Zone”; Executive Order No. 79

The Oil Exploration and Development Act Of 1972; Presidential Decree No. 87
The Coal Development Act of 1976.; Presidential Decree No. 972

Pollution Control Law; Republic Act No. 3931

Geology Profession Law of the Philippines; Republic Act No. 4209

Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990; Republic Act No. 6969
People’s Small-scale Mining Act of 1991; Republic Act No. 7076
National Integrated Protected Areas System (NIPAS) Act of 1992; Republic Act No. 7586
The Philippine Mining Act of 1995 Republic Act No. 7942
Indigenous People's Rights Act of 1997; (IPRA) Republic Act No. 8371
Philippine Clean Air Act of 1999; Republic Act No. 8749

Ecological Solid Waste Management Act of 2000; Republic Act No. 9003
Philippine Clean Water Act of 2004; Republic Act No. 9275
Renewable Energy Act of 2008; Republic Act No. 9513
Geology Profession Act of 2012; Republic Act No. 10166
 I Year Laws Title No.
N X “No Go Zone”; E.O. 79 7
T 72 The Oil Exploration and Development Act Of 1972; P.D. 87 8
T 76 The Coal Development Act of 1976.; P.D. 972 9
NTT de coco
P X Pollution Control Law; R.A. 3931 39
G X Geology Profession Law of the Philippines; R.A. 4209 42
Patay - Gutom
T 90 Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990; R.A. 6969 69
P 91 People’s Small-scale Mining Act of 1991; R.A. 7076 70
N 92 National Integrated Protected Areas System (NIPAS) Act of 1992; R.A. 7586 75
T 95 The Philippine Mining Act of 1995 R.A. 7942 79
I 97 Indigenous People's Rights Act of 1997; (IPRA) R.A. 8371 88
P 99 Philippine Clean Air Act of 1999; R.A. 8749 87
TaPa Ni - TIP
E 00 Ecological Solid Waste Management Act of 2000; R.A. 9003 90
P 04 Philippine Clean Water Act of 2004; R.A. 9275 92
R 08 Renewable Energy Act of 2008; R.A. 9513 95
G 12 Geology Profession Act of 2012; R.A. 10166 10
Executive Producer RG

LEGEND:
E.O. Executive Order No.
P.D. Presidential Decree No.
R.A. Republic Act No.

NOTE: If written, follow this format:

“No Go Zone”; Executive Order No. 79

The Coal Development Act of 1976; Presidential Decree No. 972
Philippine Clean Air Act of 1999; Republic Act No. 8749
 I Year Laws Title No.

N X “No Go Zone”; E.O. 79 7

T 72 The Oil Exploration and Development Act Of 1972; P.D. 87 8
T 76 The Coal Development Act of 1976; P.D. 972 9
NTT de coco
P X Pollution Control Law; R.A. 3931 39
G X Geology Profession Law of the Philippines; R.A. 4209 42
Patay - Gutom
T 90 Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990; R.A. 6969 69
P 91 People’s Small-scale Mining Act of 1991; R.A. 7076 70
N 92 National Integrated Protected Areas System (NIPAS) Act of 1992; R.A. 7586 75
T 95 The Philippine Mining Act of 1995 R.A. 7942 79
I 97 Indigenous People's Rights Act of 1997; (IPRA) R.A. 8371 88
P 99 Philippine Clean Air Act of 1999; R.A. 8749 87

TaPa Ni - TIP
E 00 Ecological Solid Waste Management Act of 2000; R.A. 9003 90
P 04 Philippine Clean Water Act of 2004; R.A. 9275 92
R 08 Renewable Energy Act of 2008; R.A. 9513 95
G 12 Geology Profession Act of 2012; R.A. 10166 10

Executive Producer RG
 Republic Act No. 7942 (The Philippine Mining Act of 1995)

Article 12, Section 2 of Philippine Constitution

Declaration of Policy

Also known as Regalian Doctrine

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
(R-D-U-C)

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.

------------------------------------------------------------------

Land Classification
Forest Land Agricultural Land Mineral Land National Park
In the beginning, all land Can be acquired thru congress Can be acquired by Can be acquired thru
are part of public domain acquiring mineral/ mining congress by “law”
and fall under this permit
classification by default.
NOTE:
If the person has been living in the forest land for 30 years and continuously, they can request a patent for
them to own the forest land
Only Agricultural land is alienable and disposable
 Some Important Definition of terms Summary
"Private refers to any land belonging to any private person which
includes alienable and disposable land being claimed by
land" a holder, claimant, or occupant who has already acquired
a vested right thereto under the law, although the
corresponding certificate or evidence of title or patent
has not been actually issued.
"Public land" refers to lands of the public domain which have been
classified as agricultural lands and subject to
management and disposition or concession under
existing laws.

"Ancestral refers to all lands exclusively and actually possessed,

occupied, or utilized by indigenous cultural communities
lands" by themselves or through their ancestors in accordance
with their customs and traditions since time
immemorial, and as may be defined and delineated by
law.
“Indigenous means a group or tribe or indigenous Filipinos who have
continuously lived as communities on communally-
cultural bounded and defined land since time immemorial and
community" have succeeded in preserving, maintaining, and sharing
common bonds of languages, customs, traditions, and
other distinctive cultural traits, and as may be defined
and delineated by law.
"Block" or means an area bounded by one-half (1/2) minute of
latitude and one-half (1/2) minute of longitude,
"meridional containing approximately eighty-one hectares (81 has).
block"

"Exclusive means the water, sea bottom and subsurface measured

from the baseline of the Philippine archipelago up to two
economic hundred nautical miles (200 n.m.) offshore.
zone"
"Contract means land or body of water delineated for purposes of
exploration, development, or utilization of the minerals
area" found therein. (E-D-U)
"Minerals" refers to all naturally occurring inorganic substance in
solid, gas, liquid, or any intermediate state excluding
energy materials such as coal, petroleum, natural gas,
radioactive materials, and geothermal energy.

"Quarrying" means the process of extracting, removing and disposing

quarry resources found on or underneath the surface of
private or public land.
 Some Important Definition of terms Summary
"Foreign-owned means any corporation, partnerships,
association, or cooperative duly registered in
corporation" accordance with law in which less than fifty per
centum (50%) of the capital is owned by Filipino
citizens.

"Force majeure" means acts or circumstances beyond the

reasonable control of contractor including, but
not limited to, war, rebellion, insurrection, riots,
civil disturbance, blockade, sabotage, embargo,
strike, lockout, any dispute with surface owners
and other labor disputes, epidemic, earthquake,
storm, flood or other adverse weather
conditions, explosion, fire, adverse action by
government or by any instrumentality or
subdivision thereof, act of God or any public
enemy and any cause that herein describe over
which the affected party has no reasonable
control.
"Environmental is the document which aims to identify,
predict, interpret, and communicate (I-P-I-C)
impact information regarding changes in
statement (EIS)" environmental quality associated with a
proposed project and which examines the range
of alternatives for the objectives of the proposal
and their impact on the environment.
"Environmental refers to the document issued by the
government agency concerned certifying that
compliance the project under consideration will not bring
certificate (ECC)" about an unacceptable environmental impact
and that the proponent has complied with the
requirements of the environmental impact
statement system.
"Government" means the government of the Republic of the
Philippines.

"Bureau" means the Mines and Geosciences Bureau

under the Department of Environment and
Natural Resources.

"Department" means the Department of Environment and

Natural Resources.
 Mineral Reservations – Section 5
When the national interest so requires, such as when there is a need to preserve strategic raw materials for industries
critical to national development, or certain minerals for scientific, cultural or ecological value, the President may
establish mineral reservations upon the recommendation of the Director through the Secretary.

Mining operations in existing mineral reservations and such other reservations as may thereafter be established, shall be
undertaken by the Department or through a contractor: Provided, That a small scale-mining cooperative covered by
Republic Act No. 7076 shall be given preferential right to apply for a small-scale mining agreement for a maximum
aggregate area of twenty-five percent (25%) of such mineral reservation, subject to valid existing mining/quarrying rights
as provided under Section 112 Chapter XX hereof.

Mineral Reservations
Offshore Mineral Reservation,
Ilocos Norte Feldspar Mineral Reservation
The lahar-affected rivers and embankment areas in the provinces of Pampanga, 1999
Tarlac and Zambales in 1999
Zambales Chromite Mineral Reservation,
Biak-Na-Bato Mineral Reservation in 1989, 1989
Siruma White Clay Mineral Reservation,
Samar Bauxite Mineral Reservation
Surigao Laterite Mineral Reservation,
Davao Mineral Reservation in 2002. 2002
Zamboanga Mineral Reservation in 1987 1987

All submerged lands within the contiguous zone and in the 9 exclusive economic zone of the Philippines are hereby
declared to be mineral reservations.

6 out of 10 mineral reservations were declared by the national government based on results of the then Bureau of
Mines’s in-house exploration program.

Qualified Person:
Any citizen of the Philippines w/ capacity to contract, or a corporation partnership, association, or cooperative
organized or authorized for the purpose of engaging in mining, with technical and financial capacity to undertaken
mineral resources development and duly registered in accordance with law at least 60% of the capital of w/c is owned
by citizen of the Philippines; Provided, that a legally organized foreign-owned corp. shall be deemed a qualified person
for purposes of granting an exploration permit, FTAA or MP permit
 Exploration Permit

TERM;
a period of two (2) years from date of issuance, renewable for like periods but not to exceed
non-metallic mineral exploration metallic mineral exploration
four (4) years six (6) years

Provided, That no renewal of this Permit shall be allowed unless the Permittee has complied with the terms and
conditions thereof and has not been found guilty of violation of any provision of the Mining Act and its Implementing
Rules and Regulations:

Provided, further, That in case of failure to file the declaration of mining project feasibility during the total term
of four (4) years of this Permit for non-metallic minerals or six (6) years of the same Permit for metallic minerals, the
Permittee may apply for further renewal of the Permit, which may be granted by the Secretary for another term of two
(2) years for the very purpose of preparing or completing the feasibility studies, and filing of the declaration of mining
project feasibility and the pertinent Mineral Agreement or Financial or Technical Assistance Agreement (FTAA)
application.

The complete and final exploration report shall be required in this renewal of the Permit: Provided, furthermore,
That in case the Permit expires prior to the approval of the declaration of mining project feasibility and/or filing of the
Mineral Agreement or FTAA application, the said Permit shall be deemed automatically extended until such time that
the Mineral Agreement or FTAA application is approved;

The Permittee shall annually relinquish at least 20% of the Permit Area during the first two (2) years of exploration
and at least 10% of the remaining Permit Area annually during the renewed Exploration Period. However, if the Permit
Area is less than five thousand (5,000) hectares, the Permittee need not relinquish any part thereof.

Withdrawal or Termination Exploration permit may be transferred or assigned to a qualified person subject to
the approval of the Secretary upon the recommendation if the Director

Rights and Obligations His heirs or successors-in-interest, the right to enter, occupy and explore the area

Guarantor/ Remarks After the exploration, the permitee can apply for Mineral Agreement and FTTA
under certain qualifications.
 Areas Close to Mining
1 In military and other government reservations, except upon prior written clearance by the
government agency concerned;
2 Near or under public or private buildings, cemeteries, archeological and historic sites,
bridges, highways, waterways, railroads, reservoirs, dams or other infrastructure projects,
public or private works including plantations or valuable crops, except upon written
consent of the government agency or private entity concerned;
3 In areas covered by valid and existing mining rights;
4 In areas expressly prohibited by law;
5 In areas covered by small-scale miners as defined by law unless with prior consent of the
small-scale miners, in which case a royalty payment upon the utilization of minerals shall
be agreed upon by the parties, said royalty forming a trust fund for the socioeconomic
development of the community concerned;
6 Old growth or virgin forests, proclaimed watershed forest reserves, wilderness area,
mangrove forests, mossy forests, national parks, provincial/municipal forests, parks,
greenbelts, game refuge and bird sanctuaries as defined by law and in areas expressly
prohibited under the National Integrated Protected Area System (NIPAS) under Republic
Act No. 7586, Department Administrative Order No. 25, series of 1992 and other laws.
 Mineral Agreement
Mineral production sharing Co-production agreement Joint-venture agreement
agreement
is an agreement where the is an agreement between the is an agreement where a joint-venture
Government grants to the contractor Government and the contractor company is organized by the
the exclusive right to conduct mining wherein the Government shall Government and the contractor with
provide inputs to the mining both parties having equity 15 shares.
operations within a contract area and
operations other than the mineral Aside from earnings in equity, the
shares in the gross output. The resource. Government shall be entitled to a
contractor shall provide the financing, share in the gross output.
technology, management and
personnel necessary for the
implementation of this agreement.

Exclusive for Filipino-owned Mining Companies

Term of 25 years and can be renewed for another 25 years
upon renewal, ownership can be taken by the government or still the contractor (highest bidder)

Withdrawal or Termination The contractor may apply for cancellation of the agreement due to cause w/c, in the
opinion of the contractor; make continued mining operations no longer feasible or
viable. Provided that, the contractor has met all its financial fiscal and legal
obligations

Rights and Obligations

Guarantor/ Remarks - Can be transferred or assigned prior to the approval of the Secretary.
- Filed to region of the area (For mineral reservation – be filed to the Bureau)
- Secretary - Approve.
 Financial or Technical Assistance Agreement
(FTAA)
Applicable for foreign-owned mining Term of 25 years and renewable for Minimum capital of PhP100
companies another 25 years million

Withdrawal or Termination The contractor shall manifest in writing to the Sec. his intention to withdraw from
the agreement, if in his judgement the mining project is no longer economically
feasible.

Rights and Obligations

Guarantor/ Remarks - Department to President

- Can be converted to Mineral Agreement.
- Can be transferred in whole or part.
Permit/Agreement Years of Covered Area Withdrawal or Rights and Guarantor /
Contract Termination Obligations Remarks
Quarry Permit 5 years Minimum: Can be cancelled by Upon Provincial
the provincial cancellation of Governor
Renewable: 5 hectares provided governor for permit, the
to a period not violation of the holder must be
exceeding to Large-scale quarry provisions of this heard in an
total of 25 years operation: involving Act or its investigation
cement raw implementing rules conducted on
materials, marble, and regulations or purpose.
granite, sand and the terms and
gravel, and condition of said
construction permit.
aggregates.

A qualified person
and government
may enter into a
mineral agreement
as defined herein.

Government Maximum: Provincial

Gratuitous Permit Governor
Not more than 2 has.

(Use for constructing

buildings or
infrastructure for
public purposes)

Private Gratuitous Provincial

Permit Governor
Guano Permit Provincial
Gemstone Governor
Gathering Permit
Exclusive Sand and Provincial
Gravel Permit Governor
Commercial Sand Maximum: Provincial
and Gravel Permit Governor
Not more than 5 has.
Industrial Sand 5 years Minimum: Bureau
and Gravel Permit
Renewable: More Than 5 has.
to a period not
exceeding to
total of 25 years
 MINERAL PROCESSING PERMITS
TERM RENEWABLE CORPORATIONS
5-year up to a maximum of 25 years Allows both local and 100% foreign-
owned
IMPORTANCE/WHY THE COMPANY NEEDS IT:
Requirement to submit adequate ore supply contract to Can be granted for cement plants, smelting and refining;
justify the establishment of the processing plant beneficiation plants; marble cutting and processing plants,
and others of similar nature;
ISSUANCE: for projects with cost of
Secretary MGB Director MGB Regional Director
more than PhP 500 Million more than PhP 200 Million but less PhP 200 Million or lesser
than PhP 500 Million

TAXES
(National Government)
Income Tax Excise Tax Royalties
35 % of Taxable Income 2% of actual value of minerals if extracted from government
extracted Mineral Reservation =
5% of market value
 Environmental Impact Statement (“EIS”) System
Project proponent of environmentally critical projects and projects within environmentally critical areas must obtain an
environmental compliance certificate prior to commencement
Lead agency: Environmental Management Bureau

Environmental Impact Assessment

Subject to Environmental Impact Assessment (EIA) and to secure the necessary Environmental Clearance Certificate
(ECC) from the Environmental Management Bureau (EMB);
All mining projects considered environmentally critical Activities during the exploration period exempted from
the EIA/ECC requirement.

Environmental Work Program

In lieu of the ECC during the exploration period
Program to address environmental impact
Defines financial commitment to be included in the annual exploration budget

Environmental Protection and Enhancement Program (EPEP)

Provides:
Provides specific annual plans, programs and activities to institute environmental protection measures and/or
rehabilitate mining-affected areas, during development and production stages.
Supports:
support in attaining the objectives of the Environmental Clearance Certificate granted.

Final Mine Rehabilitation/Decommissioning Plan

Provides:
activities to achieve mine closure, i.e., decommissioning, rehabilitation, residual care, etc
Establishment of a Fund to be deposited during early years of the mine life.
DENR ADMINISTRATIVE ORDER NO. 2008- 20

– This Order shall cover the guidelines for the filing, processing and issuance of Mineral Ore Export Permit
(MOEP) for the transport/shipment outside the Philippines of all mineral ore(s), including tailings; by
permit holders and other mining rights holders, including small scale mining permits.

– The exportation of processed minerals, including gold bullions, by permit holders and other mining right
holders, including those within the special economic zones, shall continue to be in accordance with
existing guidelines and not covered by this Order.

DENR ADMINISTRATIVE ORDER NO. 2008- 20

– Every transport/shipment outside the Philippines of mineral ore(s), including tailings by permit holders
and other mining rights holders, including small scale mining permits, must be accompanied by the
MOEP issued by the Secretary and the proof of payment of the required excise tax.

– Any transport/shipment outside the Philippines of mineral ore(s), including tailings, without a validly
issued OTP and MOEP shall be considered prima facie evidence of illegal mining and shall cause the
seizure/confiscation of the mineral ore(s)/tailings, along with the tools, equipment and conveyances used
in the transport/shipment of the said materials, and shall serve as sufficient ground for the cancellation
of the permit/contract/accreditation/lease agreement.

Republic Act No. 7076 (People’s Small-scale Mining Act of 1991)

Qualified Miners
Filipino citizens who, individually or in the company A contractor must be an individual or cooperative of
of other Filipino citizen, voluntarily from a small-scale miners, registered with the SEC (Securities
cooperative duly licensed by the DENR to engage, and Exchange Commission) or other appropriate
under the terms and condition of a contract, in the government w/ the State for the small-scale
extraction or removal of minerals or ore-bearing utilization of a plot of mineral land w/in a people’s
materials from the ground. small-scale mining area.
Mining Plans
A 2 years program of activities and methodologies employed in the extraction and production of minerals or
ore-bearing materials, including financial plan and other resources in support thereof.