REPUBLIC ACT NO.

7942        March 3, 1995

AN ACT INSTITUTING A NEW SYSTEM OF MINERAL RESOURCES EXPLORATION,

DEVELOPMENT, UTILIZATION, AND CONSERVATION

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

CHAPTER I
INTRODUCTORY PROVISIONS

Section 1
Title

This Act shall be known as the "Philippine Mining Act of 1995."

Section 2
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.

Section 16
Opening of Ancestral Lands for Mining Operations

No ancestral land shall be opened for mining-operations without prior consent of the indigenous
cultural community concerned.

Section 17
Royalty Payments for Indigenous Cultural Communities

In the event of an agreement with an indigenous cultural community pursuant to the preceding
section, the royalty payment, upon utilization of the minerals shall be agreed upon by the parties.
The said royalty shall form part of a trust fund for the socioeconomic well-being of the indigenous
cultural community.
Rule 2
CAUSE OF ACTION

Cause of action- A cause of action is the act or omission by which a party violates a right of another.

Rule 8
MANNER OF MAKING ALLEGATIONS IN PLEADINGS

SEC. 10. Specific denial. — A defendant must specify each material allegation of fact the truth of
which he or she does not admit and, whenever practicable, shall set forth the substance of the
matters upon which he or she relies to support his or her denial. Where a defendant desires to deny
only a part of an averment, he or she shall specify so much of it as is true and material and shall
deny only the remainder. Where a defendant is without knowledge or information sufficient to
form a belief as to the truth of a material averment made to the complaint, he or she shall so state,
and this shall have the effect of a denial. (10a)

SEC. 12. Affirmative defenses. —

(a) A defendant shall raise his or her affirmative defenses in his or her answer, which shall be limited
to the reasons set forth under Section 5(b), Rule 6, and the following grounds:
1. That the court has no jurisdiction over the person of the defending party;
2. That venue is improperly laid;
3. That the plaintiff has no legal capacity to sue;
4. That the pleading asserting the claim states no cause of action; and
5. That a condition precedent for filing the claim has not been complied with.
(b) Failure to raise the affirmative defenses at the earliest opportunity shall constitute a waiver
thereof.
(c) The court shall motu proprio resolve the above affirmative defenses within thirty (30) calendar
days from the filing of the answer.

(d) As to the other affirmative defenses under the first paragraph of Section 5(b), Rule 6, the court
may conduct a summary hearing within fifteen (15) calendar days from the filing of the answer. Such
affirmative defenses shall be resolved by the court within thirty (30) calendar days from the
termination of the summary hearing.
(e) Affirmative defenses, if denied, shall not be the subject of a motion for reconsideration or
petition for certiorari, prohibition or mandamus, but may be among the matters to be raised on
appeal after a judgment on the merits. (n)