Historical Data on Philippine Forests
hectares, and allocating funds therefore
1) During the Pre-Colonial period, the almost ninety percent (90%)
of the Philippines Islands land area is covered with forests,
home to ancestral domains of some twelve million (12M)
Indigenous cultural people’s community
2) During the Spanish Colonization (1521 to 1898), trees were
felled to build houses and structures, roads, bridges, docks and
ships for the galleon trade, as well as, in the guise of promoting
agriculture and food productions, forests were replaced by
sprawling haciendas owned by Spanish Friars, Government
Officials, and Influential Families
3) At the start of the American Colonization (Year 1900), the
Philippine Islands has twenty one (21M) hectares of old growth
forests covering seventy percent (70%) of its land area. The
American, pursuant to Act 235, introduced and authorized large-
scale export oriented commercial logging. Logs were exported
mainly to the United States
By the year 1946, when they have formally withdrawn their
sovereignty over the Philippine Islands, only nine million (9M)
hectares of forests covering thirty percent (30%) of the
Philippine’s total land area was left
4) Deforestation further worsened during the Marcos
Administration (1965 to 1986), the logging industry was
monopolized by foreign companies, friendly to President
Marcos, and to his favorites Filipino Cronies. During that period,
the Philippines lost seven million (7M) hectares of forests
5) During President Cory Aquino’s administration (1986 to 1992),
only two million (2M) of forests cover was left. As a result of the
Oposa vs Factoran case, a Phase-Out Policy was adopted where
the Timber License Agreement were no longer renewed, as well
as, applications for new TLA’s were no longer acted upon
6) During President Fidel V. Ramos administration (1992 to 1998),
there were no large-scale logging concession were given.
Instead, President Ramos intensified the campaign on Illegal
Loggings and minimized “kaingin”
N.B. R.A. No. 9175, Chain Saw Act of 2002
7) During the short period of President Joseph Ejercito Estrada
administration (1998 to 2001), there were very few commercial
logging activities done by his special friends
8) During the nine years (9) of President Gloria Macapagal Arroyo
(2001 to 2010), five (5) logging concessions (TLA’s) covering an
area of one million (1M) hectares, were revived and allowed,
including those owned by powerful politicians, like Senator Juan
Ponce Enrile
President Arroyo further posed dangers to the Philippine
Forests by giving license to Foreign Mining Companies to
operate even within old growth forests. These Foreign Mining
Companies are also given Timber Rights which allow them to cut
trees inside their mining sites
In fact, President Arroyo issued Presidential Proclamation
classifying Boracay Island as forty percent (40%) Marine
Forests Reserved, and sixty percent (60%) Agricultural Land
9) During the Administration of President Benigno Cojuangco
Aquino (2010 to 2016), pursuant to his Executive Order No. 23,
Declaring a Moratorium on the Cutting and Harvesting of
Timber in the National and Residual Forests, the Department of
Environment and Natural Resources withheld the approval and
issuance of new logging permits
However, in the same E.O. 23, particularly, section 2.2, it allows
the cutting of trees for monoculture plantations. This will reward
old logging concessionaires because they are allowed to cut trees
and convert said forests land, now without trees into plantation,
supposedly of “Biofuel Variety” (Jatropa, Nipa)
President Aquino issued E.O. No. 26, the National Greening
Program which aim to plant one billion and five hundred
thousand trees covering one million and five hundred thousand
President Aquino also prompted the Congress to pass a law that
will totally ban logging nationwide, but to no avail
===========================================
MINERAL LANDS AND MINERAL DEPOSITS, MEANING;
As defined by P.D. No. 463, mineral lands are those lands in which
mineral exist in sufficient quantity and grade to justify the
necessary expenditures in extracting and utilizing such minerals
The term “minerals” embraces all naturally occurring inorganic
substances in solid, liquid or any intermediate state, including coal
Soil which supports organic life, sand and gravel, guano,
petroleum, geothermal energy and natural gas are included in the
term, but they are governed by special laws
Mineral deposits, which are natural deposits or accumulation of
minerals, belong to the State. Whether found in public or private
lands, or in beds of creeks, rivers, lakes, or other submerged lands
within the territorial waters or continental shelf
The ownership or the right to use public or private lands does not
include the ownership of, or the right to develop, exploit, or
utilize, the mineral deposits found therein, excepting with respect
to quarry
Mine in its specific sense is a work for excavation of minerals, by
means of pits, shafts, levels, tunnels, and others
Quarry is where the whole excavation is open
A vein or lode is a seam or fissure in the earth’s crust filled with
quartz or some other kind of rock carrying gold, silver, or other
valuable mineral deposits named in the statute. It may be very
thin or many feet thick, or irregular in thickness; it may be rich or
poor at the point of discovery
While the words vein, lode or ledge are nearly synonymous, a
distinction is sometimes observed between veins and lodes
The word lode is an alteration of the verb lead, and as used by
miners, the term simply meant the formation by which a miner
could be led or guided in his search for one
The space between the walls or boundaries constitutes the fissure;
and if in such fissure – ore is found although at considerable
intervals and in small quantities, it is called a lode or vein
A vein by no means a straight line, or of uniform dip or thickness,
or richness of mineral matter, throughout its course
The apex of a vein is its uppermost edge, or the course thereof, in
place, at or near the surface of the earth
The edge or apex is irregular. It may be higher at one place within
the boundaries that it is in another
Mining claim synonymous with the term location
The term mining claim means a parcel of land containing precious
metal in its soil or rock, and is often used in mining parlance as
synonymous with the term location, which means the act of
appropriating a mining claim on the public domain, according to
established law or rules
Lode claim distinguished from placer claim
A lode mineral claim is a parcel of mineral land containing a vein,
lode, ledge, lens, or mass of ore in place which has been located in
accordance with law
A placer claim means ground that includes valuable deposits not
in place, that is, not fixed in rock, but which are in a loose state
Assay as test to determine mineral contents
Assay is a test by means of chemical analysis to determine the
purity of fineness of metals, particularly the precious metals. Thus,
gold, silver and platinum are assayed for the number of ounces
per ton of ore; lead, copper, zinc and the base metals generally for
the percent contents thereof in the ore
Classification of Mineral Lands
1) First Group – Metal or Metalliferous ores, this embraces
lands which contain any of the metallic elements or
minerals, or their combinations, such as gold, silver,
platinum, tin, chromium, iron, manganese, copper,
nickel, lead, zinc, cinnabar, tungsten, and the like
2) Second Group – Precious Stones, this group embraces
lands which contain mineral mainly used for ornamental
purposes, such as diamond, ruby, emerald, sapphire,
topaz, amethyst, zircon, aquamarine, opal, jade, agate,
tourmaline, beryl, garnet, turquoise, and the like
3) Third Group – Fuels, this covers lands containing
combustible substances in solid, liquid, and gaseous
form, such as peat, coal, mineral oils, natural gas, oil
shales, asphalt, and the like (but not the recent products
of organic life)
4) Fourth Group – Salines and Mineral Waters, lands under
this group contain surface or subterranean soluble
substances or waters which by their mineral contents
are regarded as mineral waters, such as salts, nitrates,
sulphureted, carbonated, sodiac, calcic, and other waters
5) Fifth Group – Building stone in place, clays, fertilizers,
and other non-metals, included in this group are those
lands containing non-metallic substances used for
building or construction purposes such as marble,
granite, clay, lime, mica, phosphate, potash, and the like;
and other substance used in the manufacturing of paints,
ceramics, fertilizers, and for other industrial purposes
Other minerals that are not mentioned above and newly
discovered ones (black sand used for steel manufacturing) shall
be classified under their proper group either by law or regulations
Coal Lands are governed by Special Laws; 1) Act No. 2719, Coal
Land Act; 2) P.D. No. 972 (1976); P.D. No. 1174 (1977)
HISTORICAL EVOLUTION OF LAWS RELATED TO MINING
1) During the Spanish colonial rule (1525 to 1898; 373
years) a Royal Decree “Inspeccion General De Minas”
was issued authorizing the Exploration and Utilization of
Mineral Lands in the Philippine Islands
2) After the declaration of Philippine Independence on June
12, 1898, General Emilio Aguinaldo, then the newly
elected President, proclaimed the creation of the Mines
and Mountains Bureau and placed it under the
supervision of the Director of Industry and Agriculture
3) On December 10, 1898, the United States purchased the
Philippine Islands from Spain under the Treaty of Paris,
in the amount of US$20million, and immediately sent a
military contingent to occupy and administer the
Philippine Islands
Laws related to mining under the Americans;
a) General Order No. 31 (March 10, 1900) authorizing
mining activities in favor of the citizens of the US
b) Act No. 235, (Jan 1902) Philippine Organic Act of
1902
c) Act 916, Created Mining Bureau and placed it
under the Bureau of Public Lands (1903)
d) General Order Creating a Division of Geology and
Mines (1905)
e) Act No. 2719, Authorized the Exploration and
Utilization of Mineral Oils and Gas (1906)
f) Act No. 3852, Authorized Exploration and
Utilization of Petroleum (1907)
g) Memorandum Order No. 5 (1933), Created the
Division of Mineral Resourced under the
Department of Agriculture and Commerce
h) Memorandum Order No. 5-A (1934) changed the
name to Bureau of Mines
4) 1935 Constitution (Commonwealth Era)
Article XIII, section 1. All agricultural, timber, and mineral lands of
the public domain, waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy, and other natural
resources of the Philippines belong to the State, and their
disposition, exploitation, development, or utilization shall be
limited to citizens of the Philippines, or to corporations or
associations at least sixty per centum of the capital of which is
owned by such citizens, subject to any existing right, grant, lease,
or concession at the time of the inauguration of the Government
established under this Constitution
Article XVIII, section 1. The government established by this
Constitution shall be known as the Commonwealth of the
Philippines. Upon the final and complete withdrawal of the
sovereignty of the United States and the proclamation of the
Philippine Independence, the Commonwealth of the Philippines
shall thenceforth be known as the Republic of the Philippines
Ordinance Appended to the Constitution
Notwithstanding the Provisions of Section One, Article
Thirteen, and section eight, Article Fourteen, of the foregoing
constitution, during the effectivity of the Executive Agreement
entered into by the President of the Philippines with the President
of the United States on the fourth of July, nineteen hundred and
forty six, pursuant to the provisions of Commonwealth Act No.
1974; the disposition, exploitation, development, and utilization of
all agricultural, timber, and mineral lands of the public domain,
waters, minerals, coal, petroleum, and other mineral oils, all forces
of potential energy, and other natural resources of the Philippines,
and the operation of public utilities, shall, if open to any person, be
open to citizens of the United States and to all forms of business
enterprises owned or controlled, directly or indirectly, by citizens
of the United States in the same manner as to, and under the same
conditions imposed upon citizens of the Philippines or
corporations or associations owned or controlled by citizens of
the Philippines
Commonwealth Act No. 137, The Mining Act of 1937 (Nov 7,
1936)
5) President Marcos Administration (1966 1986)
1) P.D. No.463, Mineral Resources Decree of 1974
2) P.D. 512, Power of Eminent Domain were delegated to
Locators (mining permittee) (1975)
3) P.D. 972, authorized coal mining (1976)
4) P.D. 1281 amended P.D. 463 (1977)
5) P.D. 1174, enhanced coal mining and placed under the
supervision and regulation of Ministry of Energy (1977)
6) P.D. 1654 amended P.D. 1281
7) P.D. 1385 amended 463
8) P.D. 1554 amended 1281
9) P.D. 1677 amended 1385
10) P.D. 1899, authorized small-scale mining
6) President Cory Aquino Administration (1986-92)
1) Issued Executive Order No. 192, Established the
Department of Environment and Natural
Resources, and given the supervision over the
Mines and Geosciences Bureau
2) Local Government Code (1991) granted power to
local government units thru the local chief
 executives to issue permit to small-scale mining
activities with their area of jurisdiction
7) President Fidel Ramos Administration (1992 – 98)
1) R.A. No. 7942, the Philippine Mining Act of 1995
Section 5. Mineral reservations – 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
Section 6. Mining operations in reserved lands other
than mineral reservations may be undertaken by the
Department, subject to limitations as herein provided. In the
event that the Department cannot undertake such activities,
they may be undertaken by qualified persons in accordance
with the rules and regulations promulgated by the Secretary
8. President Gloria Macapagal Arroyo (2001 – 2010)
2) Increasing velocity of typhoon winds and storm
surge due to the loss of rainforests which serves as
windbreakers (an average of 20 typhoons enters
the Philippine Area of Responsibility every year)
3) Recurrent spells of drought and heavy rainfalls
brought about by the El Nino and La Nina
phenomena
4) Massive erosion and the consequential loss of soil
fertility and agricultural productivity
5) The floodings of lowlands due to the absence of the
absorbent mechanism of forests
6) The disturbance and dislocation of cultural
minorities, including the disappearance of the
Filipino’s indigenous cultures
7) Water shortages resulting from drying up of the
water table (aquifer)
8) Waste materials containing high levels of mercury
poisoned the river streams and posed risk to
public health among (Placer Bay)

1) Issued Presidential Proclamation No. 1064 (May 9) Boac river in Marinduque was declared officially
22, 2006), classifying Boracay Islands into 400 dead because of mine tailings from the operation
hectares of reserved forests land and 628 hectares of Marcopper
of agricultural land (alienable)

N.B. – President Marcos issued Presidential Proclamation No.

1801 (November 10, 1978), declaring Boracay island as tourist
zones and marine reserves

The Philippines stands among the richest countries in terms of

mineral wealth. According to the Chamber of Mines, the country’s
mineral reserves, such as gold, copper, nickel, iron, chromium, and
aluminum, are estimated to be worth Php 47 trillion (US$840
Billion)

The Philippine is the fifth most mineral rich country in the world
for gold, nickel, copper, and chromite

It is home to the largest copper-gold deposit in the world

All the regions, except the National Capital Region, allows mining
operations, both large-scale and small-scale mining activities

ARMM suspended issuing mining permit due to the on-going

peace process between the government panel and the Moro
Islamic Liberation Front, as part of the concession stipulated in
the MOA-AD, and also under the Bangsa Moro Basic Law

About 30 million hectares of land areas in the country is deemed

possible areas for metallic minerals

The Philippine metal deposit is estimated at 21.5 billion metric

tons, and non-metallic minerals are at 19.3 billion metric tons

In 2010, the mining industry reached US$3.2 billion gross

production value and has consistently increasing every year

Mining tax is 2% for metallic and non-metallic minerals

Total applications for Mining Production Sharing Agreements

numbers around 1,828 after the passage of R.A. No. 7942, The
Philippine Mining Act of 1995. President Fidel Ramos and
President Gloria Arroyo approved more than half

The distortion and disturbance of this balance as a consequence of

deforestation (logging concession or timber license agreement)
and mining activities (Mining Production Sharing Agreements)
have resulted in a host of environmental tragedies, such as;

1) The reduction of the country’s capacity to process

carbon dioxide gases which has led to perflexing
and catastrophic climatic changes such as the
phenomenon of global warming, known as the
“greenhouse effect”