Edited

1
Chapter I
INTRODUCTION
Problem and Its Setting
Mineral resources are owned by the State and the
exploration, development, utilization, and processing
thereof shall be under its full control and supervision. The
State may directly undertake such activities or it may enter
into mineral agreements with contractors.
Due to the rapid urbanization that generates growth of
construction activity to meet the modern development and
increasing number of housing and infrastructure projects has
immensely boosted the demand for rock aggregates or
colloquially known as sand and gravel aggregates in the
market.
Quarrying has been going on for many years in the
Philippines in support of the country’s infrastructure and
overall economic development. The most important products of
this activity are rock aggregates, colloquially known as
sand and gravel. Quarrying is important, it is also a major
natural resource extractive sector that causes significant
environmental problems. These problems are now only
beginning to be understood. Unlike in mining where
operations are generally large-scale and the degradation
impacts are obvious, operations in quarrying are relatively

2
small-scale and the effects are less evident. Moreover, in
the minds of many people, quarrying is only a secondary
component of the entire mining industry.
In Northern Samar, gravel and sand mining is legal as
long as the company or individual is licensed to do so and
abides by existing guidelines. There seems no area in
Northern Samar where gravel and sand extraction is banned.
In a recent press release, the Northern Samar administration
through its Provincial Mining and Regulatory Board (PMRB)
has reported that it has accumulated P 150,100.00 since
January 2011 in enforcing Sangguniang Panlalawigan Ordinance
No. 26 Series of 2003 a provincial law that regulates the
extraction of Sand and Gravel in this province. It is
mentioned in the said press release that there are 7 parties
facing charges due to alleged violation of the mining
ordinance. There is no mention of which violations were
allegedly made. No mention which area in Northern Samar the
violations happened either. It is our assumption that
enforcement as mentioned in the press release is largely
license fees collection. The possible violations are, the
primary grounds for suspension of a license as listed by the
gravel and sand mining ordinance. Section 32. UNLAWFUL ACTS.
The following shall constitute an unlawful acts prohibited
under this ordinances: Any extraction, removal or sale of

3
Sand and Gravel and other loose or unconsolidated mineral
materials from its original sources without permit issued by
the Provincial Governor and without complying with ECC
requirements; All extraction of said materials in excess of
the allowable quantity specified in the permit; All
extraction of the above-mentioned mineral materials outside
the concession area; All person illegally preventing or
obstructing the operation of the permits without justifiable
reasons; All persons selling sand and other loose and
unconsolidated mineral materials without permit from the
Provincial Treasurer; Persons using unregistered motorboats,
sampans, and trucks in transporting those mineral materials
for commercial purposes; Any violation committed by permits
under this ordinance is sufficient ground for suspension,
revocation or cancellation of their permits by the
Provincial Governor, aside from the penalties imposed by the
court in case of conviction the license may be revoked due
the Section 20 of the same ordinance #26. Section 20.
SUSPENSION AND REVOCATION OF PERMIT. Permits issued under
this Ordinance may be suspended or revoked by the Governor,
motu proprio, or upon recommendation of PMRB for violation
of its term and conditions or the provisions of this
ordinance, or when public interest or peace and order or
when the conditions so demand, or for ecological reasons.

4
Environment is one of the priorities of Hon. Paul Ruiz Daza,
District Representative of Northern Samar, 1st District,
which easily applies to the ecological part of the above
clause. Amendments to this ordinance #26 should be welcomed
by the Daza administration but only if it is initiated by
parties affected like Catarman. For this environment or
ecological reasons, and if Catarman is really serious in
saving their river, they should seek the help to the
Sangguniang Panlalawigan or even the Catarman Mayor
Francisco Rosales, to invoke ecology/environment and request
the PMRB to ban gravel and sand extraction in the Catarman.1
1
Esteria p. 2017. About Gravel and Sand Mining In Northern Samar. The kahimyang
project. Northern samar. 2022 Primo Esteria, https://kahimyang.com/kauswagan/general-
blogs/190/anout-gravel-and-sand-mining-in-nortern-samar. Date Retrieval: November 2022
5
Statement of the Problem
This study determined the quarrying activities in
Catarman, Northern Samar.
This answered the following questions:
1. What is the profile of the respondents in terms of:
1.1 Sex
1.2 Civil Status
1.3 Educational Attainment
1.4 Length of Business operation
1.5 Type of Permit
1.6 Equipment
1.7 Number of Personnel
1.8 Mineral Commodity
2. What are the different quarrying activities in
Catarman, Northern Samar?
3. What are the effects of the quarrying activities to the
resident of the sites in Catarman, Northern Samar?
4. What recommendations can be forwarded to the decision
makers and miners in Catarman, Northern Samar?

6
Objectives of the Study
This study determined the sand quarrying activities in
Catarman, Northern Samar.
Specifically, this attempted to:
1. determine the profile of the respondents in terms of:
a. Sex
b. Civil Status
c. Educational Attainment
d. Length of Business Operation
e. Type of Permit
f. Equipment
g. Number of personnel
h. Mineral Commodity;
2. determine the different quarrying activities in
Catarman, Northern Samar;
3. determine the effects of quarrying activities to the
residents of the sites in Catarman, Northern Samar; and
4. draw recommendations to the decision makers and
miners in Catarman, Northern Samar.

7
Significance of the Study
The results and findings of this study will be of great
significance to the following:
Residents. This will provide safety and warnings to the
resident of the different sites in Catarman, Northern Samar
that this work is hazardous most especially if it is done
illegally. This study will bring them awareness of the fact
that removing too much sediments from the quarrying sites
leads to erosion and shrinking of river banks.
Owner/s. This will help them identify the effects of
this kind of work. This will help them come up with
decisions that could help the residents and the laborers
from taking sand and may lead them to become a more
responsible owner. Also, this may serve as an eye-opener for
the owners that, these activities will affect it the
community.
Philippine National Police. In cooperation with the
Local Government, this will help them come up with a
justifiable solution to evaluate illegal sand quarrying
activities in Catarman, Northern Samar.
University of Eastern Philippines, Department of
Criminology. This will add up to the department’s collection
of quantitative researches which can be used for reading and
reference purposes by the students and faculty members.

8
Future Researchers. This will serve as an essential
reference for future researchers who want to conduct similar
studies in sand quarrying activities in different quarrying
sites.
Scope and Limitations of the Study
This study focused on the sand quarrying activities in
Catarman, Northern Samar. This determined the profile of the
respondents employed in sand quarry and the effects of the
problems to the residents in quarry sites in Catarman,
Northern Samar.
The availability of respondents, time and financial
aspects were considered limitations of this study.
Theoretical Framework
This study was primarily anchored on the seminal
article, A Theory of Glacial Quarrying for Landscape
Evolution Models proposed by Hallet, this theory assumes
that the limited process by sub-critical crack growth rate.
These models are grounded on a power-law rule that relates
bedrock erosion rate to either the sliding speed or
discharge of glaciers. This theory anchors large-scale
models of glacial erosion to the primary small-scale process

9
that these models hope to simulate and reinforces recent
emphasis on the role of bedrock fractures in accelerating
geomorphic processes. Moreover, by linking basal water
pressure to erosion rate, the theory can improve efforts
with numerical models to study feedbacks between subglacial
hydrology and landscape evolution.2
This was later added by Kondolf (2007) discussed the
importance of an environmental assessment management and
monitoring program as part of extraction license in America.
This is necessary to minimize negative impacts as mitigation
and restoration strategy will be included. Monitoring
regularly is important to ensure proper mining. Mitigation
processes include minimizing extent of mining, repairing and
rehabilitation of mines as well as replacement of resources.
There is need for restoration and compensation of biotic
integrity of ecosystems. Most soil mining affect environment
and India is inclusive as Saviour noted that the country is
32 working hard to tackle negative impacts. The miners are
supposed to draft an Environmental Management Plan (EMP)
which ensures that potential impacts of projects are
assessed and incorporated into early stages of development
2
Hallet (1996). Glacial Landscape Evolution by Subglacial Quarrying: A Multi-Scale
Computational Approach: Power Law for Subglacial Quarrying. Journal of Geophysical research:
earth surface 121(11). Aarhus, Denmark. 2008-2022 ResearchGate GmbH. Date Retrieved:
November 2022
10
planning. The preparation of EMP had become a statutory
requirement for granting permits in India. Clearance should
be obtained from Department of Environment (DOE) and
Ministry of Environment and Forests before permits are
issued.3
Conceptual Framework
This study assumes that the residents in quarrying
sites are the victims of these acts which are done
improperly and illegally. Sand and gravel are important
natural resources in economic development worldwide; but the
continuous removal has adverse effects on the environment
and the safety of residents in different quarrying sites.
Paradigm
3
Kondolf MG 2007: Geomorphic and Environmental Effects of In stream Gravel Mining.
Landscape and Urban Planning.28, 2-3.
11
A. Profile of the
respondents in terms
of:
 Sex
 Civil Status
 Educational
Attainment
Quarrying Activities in
 Length of business Catarman, Northern Samar
 Existing Permit
 Equipment
 Number of personnel
 Mineral Commodities
B. Type of Quarry
Activities
C. Effect of Quarrying
Activities
D. Recommendations
Figure 1. A Diagram showing the concept of the study

.
Definition of Terms
12
The terms used in this study are defined conceptually
and operationally.
Age. The time of life which a person or animal has
lived.4 Operationally, it is the basis of the researcher to
find the respondents for the study.
Commercial Sand and Gravel Permit. Any qualified person
may be granted a permit by the provincial governor to
extract and remove sand and gravel or other loose or
unconsolidated materials which are used in their natural
state, without undergoing processing from an area of not
more than five hectares.5 Operationally it refers to a
permit for selling/reselling sand and gravel.
Civil Status. This refers to the status of a person
whether s/he is single, married, widowed or separated.6
Operationally, it refers to the status of a children
employed in sand quarry whether s/he is married or single.
Educational Attainment. This refers to the highest
level of education that a person has successfully completed.
4
“Age”. Merriam-Webster.com Dictionary, Merriam Webster, Accessed November
2022.
5
Arroyo G. M., Alvarez H., and Tatad F., Republic Act No. 7942: An Act Instituting A New
System Of Mineral Resources Exploration, Development, Utilization, And Conservation. Chapter
VIII Quarry Resources Section 46, Retrieved November 2022.
6
“Civil Status” Local Civil Registry Manual, p. 3.
13
In this study, it is the level of education of the children
employed in sand quarrying.
Equipment. It is a piece of material things needed for
a particular activity. Operationally, it pertains to the
instrument used in quarry.
Income. It is the money earned from doing work or
receive from investment.7 Operationally it pertains to the
money that a children received in working in sand quarry.
Length of Employment. It refers to the period of time a
worker being employed in his/her job. In this study, it
refers to the time of the children being employed in sand
quarry.
Number of Personnel. This refers to the persons work in
an organization. Operationally defined as to the number of
employee in the quarrying business.
Problems. It means something that is a source of
trouble, worry and it is difficult to deal with.
Operationally, it refers to children’s source of trouble in
sand quarrying.
Sand Quarry. This is an intentional removal of sand in
coastal areas such as rivers, dunes and ocean beds. In this
study, it pertains to the work of children in sand
quarrying.
7
“What is Income? ”https://www.investopedia.com. Retrieved November 2022.
14
Sex. It refers to the physical differences between
people who are male, female, or intersex. Operationally,
this to determine the extent of the respondents whether they
are male or female.
Quarry Permit. Any qualified person may apply to the
provincial/city mining regulatory board for a quarry permit
on privately-owned lands and/or public lands for building
and construction materials such as marble, basalt, andesite,
conglomerate, tuff, adobe, granite, gabbro, serpentine,
inset filling materials, clay for ceramic tiles and building
bricks, pumice, perlite and other similar materials that are
extracted by quarrying from the ground. The provincial
governor shall grant the permit after the applicant has
complied with all the requirements as prescribed by the
rules and regulations.8 Operationally, define as permit to
conduct quarry operations involving cement raw materials,
marble, granite, sand and gravel and construction
aggregates.
8
Ibid.
15
Chapter II
REVIEW OF LITERATURE
Research Literature
The researchers reviewed several studies related to the
present study. The proceeding researches cited are
significant and have close bearing to this study.
Saviour defined soil as a mineral which protect the
environment, buffer to strong tidal waves and storms,
habitat for crustacean species and marine organisms. The
mining of pit sand and gravel can be done on open areas,
beaches, inland dunes, mountain sides while river sand is
extracted from riverbeds and banks. Unscientific mining has
led to degradation accompanied by subsistence and
consequential mine fires, severe ecological imbalance around
mining areas. The practice is becoming an environmental
issue as the demand for sand as an important mineral
resource is increasing in the construction industry.9
Goddard realized that decisions on where to mine, how
much and how often requires definition of reference state
and sand budget. Reference state is the minimal acceptable
physical and biological condition of a channel. Though
reference state is difficult to determine, a general
knowledge of fluvial processes is necessary to minimize

9
Saviour NM 2012. Environmental impacts of Soil and Sand Mining: A Review.
International Journal of Science, Environment and Technology. 1, 3, 125-134.
16
detrimental effects of mining. A sand budget for a
particular extraction area for example a stream or open area
should be done to first determine the amount of sand that
can be removed without causing degradation and erosion.
Before doing a sand budget, consider mining methods to be
used, particle size, characteristics of the sand, riparian
vegetation and magnitude as well as frequency of hydrologic
events after disturbance. Therefore, minimization of the
negative effects of sand and gravel mining requires a
detailed understanding of the response of site to these
disturbances.10
Hill and Kleynhan discussed various methods of mining
sand and gravel. Dry pit mining is a method used when sand
is extracted above water table from a dry stream bed and
exposed bars using conventional bulldozers, scrapers and
loaders. Wet pit mining involves extraction of sand and
gravel from below water table stream channel or a perennial
river using hydraulic excavator or dragline. Dewatering can
be done in advance to allow easy excavation though this
depends on deposit thickness, permeability of the ground as
well as after use and restoration requirements. Bar skimming
or scalping is a method used when only the top layer of soil
is removed by scraping without excavating below summer water

10
Goddard J 2007. Land Degradation and Rehabilitation. Sydney: University of South
Wales Press.
17
table which is the level of underground water in summer
season.11
Stebbins highlighted that in State of Maine, sand and
gravel deposits cover up to five percent of the land. The
resources are mainly used in construction and pumping
drinking water which had increased demand so there are many
sand and gravel pits. Approximately two hundred and sixty
acres of land is used for mining by both companies with and
without licenses. Construction grade sand and gravel has
high volume hence the resources cannot be transported over
long distance. Large trucks are used as transport for up to
forty-eight kilometers, therefore most pits are near the
consumer as these bulky commodities normally cannot
economically stand costs of long distances transportation.
Most mining is done near the consumer in USA. The once
abundant supply of gravel and sand is rapidly diminishing in
areas surrounding cities.12
Schaetzl noted that there are four basic operations
used to extract sand and gravel from open pit mines in USA.
The operations include site clearing to remove vegetation,
then mining, processing and finally reclamation of the mined
11
Hill L and Kleynrans CJ 1999. Authorisation and Licensing of Sand Mining/Gravel
Extraction, in terms of Impacts on In-stream and Riparian Habitats. Journal of Mining Science.
15, 17-19.108.
12
Stebbins M 2006. Can Gravel Mining and Water Supply Wells coexist. Maine:
University of Maine. 109
18
area. Machinery commonly used for mining includes
bulldozers, tractor scrapers, front end loaders and stone
crushers. The mining is done almost twenty-four hours in
order to keep up with the high demand internally and
externally for sand and gravel. Schaetzl explained some of
the negative environmental impacts experienced by various
states in America where sand and gravel mining are going on.
He noted that depletion of sand in the streambed and along
coastal areas causes deepening of rivers and estuaries as
well as enlargement of river mouths and coastal inlets in
Michigan and California. He further indicated that excessive
mining leads to excavation as well as threatening bridges,
bridge piers and buried pipelines. Goddard indicated that
gravel extraction and processing have significant negative
effects on scenic landscapes. Too much mining intensifies
coastal and exposed hillside erosion, accumulation of
seawater up rivers, leaving coasts more vulnerable to
extreme weather conditions.13
According to Goddard soil mining operations began in
1930s in Australia to supply the expanding Sydney building
market and continued into 1990s with an estimate of seventy
million tons of sand removed. Most important commercial
sources of sand and gravel are river floods, river channels

13
Schaetzl R 1990: Sand and Gravel Mining for Aggregate. https://www.msu.edu/-soils.
Retrieved Date: November 2022..
19
and glacial deposits. Goddard further noted that soil
extraction and processing have significant impacts on scenic
landscapes. Excessive extraction intensifies coastal and
exposed hillside erosion, causing accumulation of seawater
upstream of rivers, leaving the coasts more vulnerable to
extreme weather conditions. Soil mining contributes to
construction of buildings and development but can cause
permanent loss of soil as well as major habitat
destruction.14
Kuttipuran reviewed soil mining in Indian communities
and explained that as urban areas grow, less wood is used
with more concrete structures being required leading to
demand for a low prices sand. Sand and gravel are most
accessible cheap and basic raw materials for construction
industry in India. There is a business of indiscriminate
sand mining in public spaces in India. Soil mining is an
environmental issue in India and public awareness of illegal
extraction in states of Maharashtra and Goa is going on.15
Bagchi supported Kuttipuran on that construction boom
fueled the demand for sand and gravel facilitating
uncontrolled extraction which threatens existence of river
systems. Illegal mining of minerals resources is rampant in
14
Goddard J. 2007. Ibid.
15
Kuttipuran M 2006: RIVERS. Physical Modifications. Singapore: Donnelley.
20
India such that the country’s natural resources are
destroyed as forests are clean felled. Pereira researched on
sand mining in India by studying three villages in
Maharashtra and realized that as global demand for sand is
exploding and rising rapidly, the sources of sand and gravel
such as riverbeds, beaches, creeks are being mined faster
than nature can replenish. This creates a highly skewed
supply-demand situation. Pereira noted that India has the
third largest construction business in the world after USA
and China, so sand and gravel are required in large
quantities. Mining is done both legally and illegally. The
country did not have a regulatory and monitoring framework
for excavation of sand sustainably which increased the
illegal mining rampantly. There had never been much control
because people thought that the resources are low value
minor minerals and inexhaustible. This has led the Mumbai
High Court to issue a ban on sand mining in 2010 to all
licensed and unlicensed miners who were damaging the
riverbeds increasing threat of floods. Demand and prices of
sand had increased from US$ 110 to 300 US$ per truck load.
According to Bagchi, there is contamination of sand aquifer
water due to formation of ponds as harvesters tend to dig on
areas with thick sand bed creating water ponds. Water
accumulates in ponds combined with biodegradable materials

21
from flora and fauna wastes causing contamination. Besides,
stagnant water on gravel extraction ponds, form an
environment conducive to mosquito breeding.16
Conceptual Literature
The review of conceptual literature is presented in
topical form covering the concepts and framework used in
this study: quarrying operations or activities, effects of
quarrying activities on community livelihood, economic, and
socio-cultural diversity.
Quarrying operation or activities. Quarrying is an
activity where stones are dug for the purpose of being used
inbuilding, making roads through cutting, digging or
blasting. Quarrying is a huge supporter of local economic
development: as the use of extracted material enhances
trade, creating jobs for most people who depend on this for
their livelihoods aside from other economic activities.
Quarry is a short-term activity with long term effects it
comes along with the promises of wealth and jobs but it
brings high environmental costs. The main aim of the study
was to unearth impacts that quarrying activities has on
health of the quarry workers and people living next to the
quarries as well as physical environment.

16
Bagchi P 2010. Unregulated Sand Mining Threatens Indian Rivers. The Journal India
Together, 21, 7-9.
22
Quarrying is a very important activity in human life as
it helps in the development of infrastructure such as roads
in a given area. The quarrying activities that are carried
out by man affect our environment in one way or the other.
Both physical and the biological environment are affected by
these activities.
Quarrying like many other man-made activities causes a
significant impact on the environment. In particular, it is
often necessary to blast rocks with explosives in order to
extract material for processing but this method of
extraction gives rise to noise pollution, air pollution,
damage to biodiversity and habitat destruction.
Quarrying is a process that undergoes different step.
The first step of quarrying is prospecting an area to locate
an ore. This involves physically going out into the field
and searching for different types of minerals and fossils to
give you an indication of where you might find an ore body.
The company that intents to carry out the exploitation of
the mineral then gets licenses from the ministry concerned.
Next is the exploration of the area, which involves finding
and determining the extent and value of the mineral-rich
ore, through several different methods including hands on
fieldwork, remote sensing, and drilling. This is then
followed by the actual excavation of minerals from the

23
ground. This is achieved in many different ways, depending
on what type of mine it is and what you want to take out of
the ground. After quarrying activity is finished there is
need for ecological rebuilding, this involves the
reclamation of the quarry site to make the land suitable for
usage in the future. This means returning the land as much
as you can to its former self, after all the quarrying is
done. The land becomes degraded after it is quarried, so it
is important to restore it as much as possible. 17
According to Eshiwani, to be able to preserve the human
culture and civilization the way it was during the
industrial revolution, it is necessary to recover
the resources obtained from quarrying processes so that
houses’ groundwork can be created, the substructure of
transportation using cement, asphalt, crushed stone and
concrete in addition to various manufacturing utilizations
including roofing, binders, additives and abrasives.
Globally, a huge number of individuals make their living by
working in the quarrying industry; hence attempting to
eliminate this particular industry can cost innumerable
households their livelihoods. Consequently, to rectify the
unfavorable outcomes accompanying quarrying, it is essential
17
Azad S.A and Dr. Ashish Mittal (2006). The Stone Quarrying Industry around Delhi
Impact on Worker and the Environment.
24
to make use of the drained expanses in different conducts
when the quarries are no longer functional. The possible
alterations of quarrying locations to different supportable
and sustainable utilizations can contribute in rectifying
the unfavorable outcomes of quarrying as well as producing
locations with better societal and ecological conditions.
The exploration of the area, which involves finding and
determining the extent and value of the mineral-rich ore,
through several different methods including hands on
fieldwork, remote sensing, and drilling. This is then
followed by the actual excavation of minerals from the
ground. This is achieved in many different ways, depending
on what type of mine it is and what you want to take out of
the ground. After quarrying activity is finished there is
need for ecological rebuilding, this involves the
reclamation of the quarry site to make the land suitable for
usage in the future. This means returning the land as much
as you can to its former self, after all the quarrying is
done. The land becomes degraded after it is quarried, so it
is important to restore it as much as possible.18
Rock quarrying and stone crushing is a global
phenomenon, and has been the cause of concern everywhere in
the world, including the developed nations. Quarrying

18
Eshiwani, F. (2014). Effects of Quarrying Activities on the Environment in Nairobi
County: A Case Study of Embakasi District. Master’s Thesis. University of Nairobi.
25
activity is an important activity because it provides much
of the materials used in traditional hard flooring, such as
granite, limestone, marble, sandstone, slate and even just
clay to make ceramic tiles. However, like many other man-
made activities, quarrying activities cause significant
impact on the environment.19 In particular, it is often
necessary to blast rocks with explosives in order to extract
material for processing but this method of extraction gives
rise to noise pollution, air pollution, damage to
biodiversity and habitat destruction.
There are a small number of studies (mostly African
case studies) documenting the impacts on households where
men migrate out to mining and quarrying areas. These
document the usually positive role of remittances that they
send back to their families, but also the changing role of
women, as they take on additional responsibilities as
household heads.20
With CSR acting as an incentive to find new ways of
mitigating and managing the social and environmental impacts
of quarrying and mining, a variety of novel methods have

19
Okafor F C (2006). Rural Development and the Environmental Degradation versus
Protection: In P. O. Sada and T.Odemerho (ed.). Environmental Issues and Management in
Nigerian Development.
20
Francis, E. (2000) Making a Living: Changing Livelihoods in Rural Africa. Routledge,
London.
26
been tried in European, North American and Australasian
countries. Some of this link the restoration of quarrying
and mining sites to vegetation types which match natural
habitats, and in some cases these restoration schemes have
been designed to incorporate the needs or preferences of
communities local to the post-extractive sites. For example,
restoration work in quarries in North Wales, took into
account local community preferences for different habitat
and landscaping schemes, and quarry sites in other parts of
the UK have been restored to conservation sites with
educational centers, and recreational facilities, as well as
shopping centers and theatres. There are even interactive
visualization tools which enable restoration designs to be
created and assessed by quarry managers and community
stakeholders alike. Similar schemes may have utility in
developing country contexts, not least because the
livelihoods of the majority of people outside urban areas
are linked to the use of natural resources. The
opportunities to provide mitigation measures based on
habitat restoration, which provides a range of sustainable
goods and services that support local communities, should
provide an exciting opportunity for CSR.
Most quarry sites are unsafe for operation and most
quarry operators also fail to observe environmental and

27
safety measures when carrying out mining activities. Most
quarries use of explosives for blasting operations, this has
made the site weaker. Most the workers do not wear
protective gear and as a result they are exposed to great
danger. Lack of clear regulatory framework for the
management of quarries in the country and inadequate and
uncoordinated enforcement of existing legislation has led to
haphazard and unsafe quarry operations.21
EMCA Mines and quarries where explosives and machinery
used are located in designated areas and not less than two
kilo meters away from human settlements. Any person carrying
out construction, demolition, mining or quarrying work shall
ensure that the vibration levels do not exceed 0.5
centimeters per second beyond any source property boundary
or 30metres from any moving source.
Unfortunately, quarrying involves several activities
that generate significant amounts of noise. The excavation
of the mineral itself involves considerable noise,
particularly if blasting methods are used. Following this,
the use of powered machinery to transport the materials as
well as possibly processing plants to crush and grade the
minerals, all contribute even more noise to the environment.
Such extraction of raw materials from their natural habitats

21
Eshiwani, F. (2014)., loc cit.
28
by mining, drilling and harvesting affect the natural
environment considerably.
In India quarrying has affected many of the people
working in the mining industry. According to Azad & Ashish
stone quarrying and crushing has been known as a highly
hazardous work, whereby workers are affected by many
debilitating occupational health hazards and diseases.
Mostly the migrant workers are engaged in this highly
unorganized industry. The most common exposure is from
silica dust, which causes Silicosis among the exposed
workers.22
Silicosis is a disabling, non-reversible and sometimes
fatal lung disease caused by overexposure to respirable
crystalline silica. Silica is the second most common mineral
in the earth's crust and is a major component of sand, rock,
and mineral ores.
Over exposure to dust that contains microscopic
particles of crystalline silica can cause scar tissue to
form in the lungs, which reduces the lungs' ability to
extract oxygen from the air. In addition to silicosis,
inhalation of crystalline silica particle has been
associated with other diseases, such as bronchitis and
tuberculosis. Some studies also indicate an association with

22
Azad S.A and Dr. Ashish Mittal (2006)., loc cit.
29
lung cancer. There is no cure for the disease, but it is 100
percent preventable if employers, workers, and health
professionals work together to reduce exposures by using
proper protective gear.
The other health hazards could be due to noise
pollution, heavy manual labor, minor or major injuries and
accidents at workplace, and long working hours. Lack of
basic sanitation facilities, drinking water, and shelter add
to aggravation of the bad working conditions. The both
operations of quarrying and crushing being a hazard to
environment as well as to human beings, they require
continuous monitoring of the work place as well as the
workers. Mining operations cause deforestation, loss of
vegetation, soil erosion, ground water level changes and
pollution, which can lead to an ecological imbalance.
The people living close to the quarries are also
affected by the activities that go on in that area. In
Village Pali in India, the safety of human beings is not put
into consideration. There is no personal protective
equipment being provided to the workers, helmets, safety
belts, masks, safety shoes are foreign things. It is alleged
that approximately 200 have been buried alive in this area
during the mine blasting operation in the past decade only.
The worker and their families who are residing close to

30
these units are more vulnerable to the silica exposure. The
children, the women and elderly all are breathing this toxin
day and night.
According to environmental experts, the uncontrolled
expansion of quarrying in Senegal has led to coastal
erosion, a reduction in the area of available farmland and
skin and lung problems for the quarry workers and people who
live nearby. The effects have forced the government of the
day to stop issuing more permits to the people who want to
engage in the quarrying activities in the affected areas
within the country.
According to Aigbedion, large amount of dust from the
cement factories and mining operations in the Nigerian
limestone quarries are discharged daily into the air.
Similarly, a lot of air-borne particulate matters are
generated by the numerous stone crushing industries in the
country. When the air is laden with such dust, it causes
health hazards for some people. For example, pollution
studies around Sagamu and Ewekoro cement works in Ogun State
have shown that several people are suffering from eye pain,
and asthmatic attack due to the dust-laden air that prevails
within a few kilometers in radius of the factories.23

23
Aigbedion, IN (2005). Environmental Pollution in the Niger-Delta, Nigeria. Inter-
Disciplinary J. Enugu-Nigeria Retrieved from: http://www.academicjournals.org/ijbc. Date
Retrieved: November 2022.
31
Temporary or permanent land sterilization may result in
the original landform permanently altered and the original
vegetation cover destroyed. The visual impact of the
quarries extends over larger areas as noticeable scars of
high color contrast, reducing the aesthetic appeal of the
landscape and deteriorate in the scenic quality of areas
where tourism may be a major constituent of income.
Positive impact of quarrying activities. According to
environmental protection office of Addis Ababa, there were
over 400 quarrying projects undertaken in the peri-urban
areas of the city and in the area there have been quarries
used to produce cobble stone that contribute to the
construction of paved road and provide both economic and
social benefits. However, the intensive activities of
quarrying disregard to the environment impact leads to a
series of socio-economic and environmental problems.
According to National Council of Bhutan, quarrying
activities generate employment and contribute to a country’s
gross national product, both through production for the
local market and for export trade. Kuntala Lahiri-Dutt, also
added that stone quarrying generates considerable employment
opportunities as it is a relatively intensive labor, under-
mechanized industry. There is need to ensure that mining
operations are conducted in such a way that the broader

32
scale benefits to society are openly acknowledged and that
concerted efforts are made to ensure that these benefits can
be sustained even when mining activities have stopped.
Hence, the study area is one of the most potential quarry
sites that create large job opportunity and, supply
different construction materials mainly cobble stone for
road constructions.24
Stone quarrying, in understanding how individual
resources amidst a competitive formal market and restrictive
government policy. Stone workers use the different assets
(human, capital, financial, physical, natural and social
capital) they have in order to achieve the different
livelihood outcomes. In an effort to ensure sustainable
development, laws and policies are often in place to limit
over exploitation of these resources.25
In the study of Nene, revealed that some of the men
have been employed as quarry workers and a substantial
number of women in the area have become food vendors at the
quarry sites. In terms of infrastructural development, the
Bueryonye-Klo-Begoro road has a gravel and made motorable
24
Abate, Z. (2016). Impacts of Stone Quarrying on Environment and Livelihood of Local
Community in Addis Ababa Peri-Urban Areas: The Case of Hana Mariam Cobble Stone Quarry
Site. Master’s Thesis. Addis Ababa University.
25
Helmore, K. and Singh, N. (2001) Sustainable Livelihoods Building on the Wealth of the
poor. USA: Kumarian Press.
33
even in the wet season. Limestone quarrying has brought
about both benefits and costs to the Lower Manya Krobo
District. His study has revealed that the communities have
gained some benefits from quarrying. Some of the men in the
area have been employed as quarry workers to reduce the
unemployment canker among the people. Also, the surface of
the road from Bueryonye to Klo-Begoro has been compacted
with screenings by GHACEM quarry to allow easy movement of
both haul and commercial vehicles and help reduce fugitive
dust emission. The Lower Manya Krobo District Assembly
agreed that tolls are collected from trucks that purchase
aggregates to enhance their revenue generation.26
There are two reasons why land degradation generally
results from mineral extraction: first is industrial
development and secondly short-term economic benefits such
as reaching production goals and employment. The quarrying
activity has affected the environment in both negative and
positive ways. Scholars in different parts of the world have
tried to carry out research in order to identify how this
activity has impacted the environment.27
26
Nene, N.J. (2011). Assessment of The Effects of Quarrying Activities on Some Selected
Communities in The Lower Manya Krobo District. Award of M. Phil Environmental Science
Degree’s Thesis. University Of Ghana.
27
Adekoya JA (2003). Environmentals Effect of Solid Minerals Mining. J.Phys.Sci.Kenya.
Retrieved from:http://www.academicjournals.org/ijbc. Date Retrieved: November 2022.
34
The benefits of the quarrying activity should trickle
down to the people living in the neighboring area; this can
be in form of good roads and other infrastructure. According
to the benefits of quarrying include socio-economic
development and growth due to internal revenue and/or
foreign exchange earnings. His study attempts to establish
the positive effects of quarrying on the environment in
Embakasi. There is need to live in harmony with the natural
environment. Several efforts have been made in order to
reduce the effect of quarrying or mining to the environment.
For example, in the World Summit on Sustainable development
(WSSD) in 2002, in Johannes burg, South Africa- the
governments adapted an implementation plan for sustainable
development whish committed state to address the
environmental, economic, health and social impacts and
benefits of mining. This was to promote transparency and
accountability for sustainable mining and mineral
development.28
According to the study of Eshiwani, the quarries have
both negative and positive effects. Apart from form the
negative effects the quarry has positive effects to the
people that live nearby. There persons who are involved in
business due to the quarry workers purchasing power, there
28
Aigbedion, IN (2005). loc cit.
35
have been able to get employment from the quarry either
directly or indirectly, and there are able to get material
that they use in the construction.29
General conditions for hiring workers in the mining
industry are based on the employment provisions of the
Philippine Mining Act of 1995. The act requires that a
contractor shall give preference to Filipino citizens in all
types of mining employment within the country as long as
these citizens are qualified to perform the corresponding
work with reasonable efficiency and without hazard to the
safety of the operations. In addition to this, mining
contractors shall not be hindered from hiring employees of
their choice, subject to the provisions of the Commonwealth
Act No. 613 as amended for technical and specialized work.
Such efforts should continue encouraging investment into
mining along with job creation and the development of both
upstream and downstream mineral processing activities. The
non-metallic mining and quarrying operations include the
production of crushed stone, sand and gravel for use in the
construction of roads and buildings.
Many other man-made activities including quarrying
involve the production of significant amounts of waste. Some
types of quarries do not produce large amounts of permanent

29
Eshiwani, F. (2014). loc cit.
36
waste, such as sand and gravel quarries, whereas others will
produce significant amounts of waste material such as clay
and silt.30
However, there is still potential for damage to the
environment particularly with water contamination. Plants
are major components of the ecosystem – a complex
interaction between the biotic and abiotic entities of the
environment. The activity discharges dust that settles not
only on land, plants and trees but also on surface waters
used for drinking and other domestic chores.
Related Studies
The review of related studies is reviewing existing
works carried out in this study. Quarrying operations or
activities, effects of quarrying activities on community
livelihood, economic, and socio-cultural diversity.
A study conducted by Magayes et al., stated that child
labor in sand quarrying has not received much attention as
some other forms of child labor. In remote areas in the
Philippines, specifically the Barangay Capacujan, Palapag,
Northern Samar the children employed in sand quarrying must
be educated and parents must know the about this prohibition
30
Wang, L., Zhang, J. L & Liu, L.M. (2010). Diversification of Rural Livelihood Strategies
and its Effect on Local Landscape Restoration in the Semiarid Hilly Area of the Loess Plateau,
China. [Online] Available at: www.wileyonlinelibrary.com Date Retrieved: November 2022.
37
of child labor. The notion that children are being exploited
and forced in to labor, while not receiving education, which
crucial to development. It is unfortunate that the joy of
childhood eluding scores of poor children who working child
labor in domestic hands. Abject to poverty, illiteracy of
parents, drought, lack of social security network,
inadequate schools or lack of schools, expense of schooling,
large family size and neglect of parent, have deprived
children education, and transformed them into child
laborers.31
The study of Acopiado H. J et al., reported that people
have always extracted useful materials from the ground.
Mining and quarrying extract a wide range of useful
materials from the ground such as coal, metals, and stone.
These substances are used widely in building and
manufacturing industry, while precious stones have long been
used for adornment and decoration. Mining and quarrying
involve investigating potential sites of extraction, then
getting the required material out of the ground, and finally
processing with heat or chemicals to get out the metal or
other substance of interest. All these operations may use
large amounts of water. In Lobo, Batangas, there is a white
31
Magayes D, & Rivera (2022). Profile, Problems and Needs of Children employed in
Sand Quarrying in Barangay Capacujan, Palapag, Northern Samar: A Case Study. Bachelor of
Science in Criminology Thesis, University of Eastern Philippines, Northern Samar.
38
sand beaches whose ocean floor slopes gradually for nearly
200 meters (660 ft) before a drop-off. It also has
protected mangrove forests and fish sanctuaries. According
to the Philippine Statistics Authority, the municipality has
a land area of 175.03 square kilometers. Its proximity to
ocean or water bodies makes it an ideal zone for quarrying
operations. Despite the privilege given by the government to
different mining and quarrying industries, the said
industries are still bound by the law because mining and
quarrying can be very destructive to the environment. They
have a direct impact on the countryside by leaving pits and
heaps of waste material. The extraction processes can also
contaminate air and water with sulfur dioxide and other
pollutants, putting wildlife and local populations at risk.
More careful use of natural resources, including recycling,
and also restoration efforts after mining and quarrying can
help limit these environmental impacts.32
32
Acopiado H.J., Catud B. E., Ebora E.A., & Jimenez C. (2017). Quarrying Industry in Lobo,
Batangas: A Case Study. Bachelor of Secondary Education Major in Social Studies. Batangas Sate
University. Batangas City.
39
Chapter III
METHODOLOGY
Locale of the Study
This study was conducted in Catarman, Northern Samar.
Catarman, officially the Municipality of Catarman is a 1st
class municipality and capital of the province of
the province of Northern Samar, Philippines. According to
the 2020 census, it has a population of 97,879 people. It
is the largest municipality in terms of land area and
population in the province. It is the commercial,
educational, financial, political and government center of
the province. Catarman lies on the northern part of Samar
Island, bounded to the east by Mondragon, to the west
by Bobon, to the south by Lope de Vega, and to the north by
the Philippine Sea. On the Pacific coast are flat lowlands
with the interior characterized by outlying low hills. Mount
Puyao in Barangay Liberty is the highest peak in the area..

40
The Municipality of Catarman is politically subdivided into
55 barangays, seventeen (17) of them are in the poblacion.33
Figure 2. Spot map of study area
33
"2015 Census of Population, Report No. 3 – Population, Land Area, and Population
Density" (PDF). Philippine Statistics Authority. Quezon City, Philippines. August 2016. ISSN 0117-
1453. Archived (PDF) from the original on May 25, 2021. Retrieved November 2022
41
Research Design
This study utilized a descriptive type of research. A
survey method was used to measure the existing phenomenon
and to use the data for problem solving.
Population and Sampling Techniques
This study used purposive-quota sampling. Seventy (70)
respondents who are the residents of the quarrying sites,
laborers and the owners in Catarman, Northern Samar were
considered as samples.
The Respondents
The researchers, involved a total of seventy (70)
respondents to be able to gather data. Specifically, this
were the owners of the quarrying sites, laborers and the
owner in Catarman, Northern Samar.
Research Instrument
42
A survey questionnaire was used to gather the data
needed in this study. The researchers used this instrument
to ensure that the respondents personally answered all the
queries. The English version was translated into the local
dialect to facilitate better understanding of the questions
by the respondents.
The instrument was composed of four parts. Part 1 dealt
on the profile of the respondents in sand quarrying in terms
of as sex, civil status, educational attainment, length of
business, existing permit, equipment, number of personnel,
types of quarrying. Part 2 dealt with the different
quarrying activities in Catarman, Northern Samar. Part 3
identified the effects of sand quarrying to the residencts
of the sites in Catarman, Northern Samar. And, Part 4 drew
out the recommendations which can be forwarded to address
sand quarrying in Catarman, Northern Samar.
Validation of the Research Instrument
The researchers-made questionnaire in gathering the
data on the sand quarrying activities in the different
quarrying sites in Catarman, Northern Samar needed
validation.
43
The survey questionnaire used in this study was pre-
tested among the residents in the quarrying sites, laborers
and the owners in Bobon, Northern Samar.
Data Gathering Procedures
The researchers sought permission of the operator of
sand quarrying in Catarman, Northern Samar through a letter
signed by the research adviser, the research professor, the
Chairman of the Department and the Dean of the College to
conduct the study. Upon the approval by the operator of the
sand quarry, the researchers started gathering the data
using a survey questionnaire. And finally, the researchers
collected, recorded, tallied and tabulated the data to
facilitate the statistical computation, analysis and
interpretation of data.
Statistical Treatment of Data

44
The data gathered were tabulated and analyzed
statistically using frequency counts, ranking and percentage
computation.
Formula for percentage computation:
P=f/n x 100
Where:
P – percentage
f - frequency
n – total number of respondents
100 - constant multiplier
Chapter IV
PRESENTATION, ANALYSIS, AND INTERPRETATION OF DATA
This chapter discusses results and findings of the
research on sand quarrying activities in Catarman, Northern
Samar. The data were collected through individual
interviews, questionnaire survey and observations. The
researchers considered and sampled some areas where pit
sand, river sand and gravel are mined around Catarman,
Northern Samar to investigate the extent of the effects
caused by miners on the environment. Seventy (70)
respondents were chosen as a sample to take part in the
questionnaire survey. Interviews were conducted to people

45
who are directly and indirectly involved in sand quarrying
activities in Catarman, Northern Samar.
Demographic Profile of Respondents
The respondents in this study were both males and
females. The inclusion criteria for the questionnaire survey
was on any male or female who was available in a sampled
household and voluntarily take part in the study.
Table 1.1
Sex Distribution of the Respondents
Sex Frequency Percentage
Male 64 91.43%
Female 6 8.57%
Total 70 100%
Table 1.1 shows 64 males and 6 females were considered
for data analysis. The data show that 91.43% was male and
8.57% was female. More males were willing and interested in

46
taking part in the research because sand quarrying is a
male-dominated activity. Very few women are involved in sand
quarrying activities in Catarman, Northern Samar and rarely
visit the areas so are not aware of what exactly happens in
the quarrying sites.
Table 1.2
Civil Status Distribution of Respondents
Civil Status Frequency Percentage
Single 60 85.71%
Married 9 12.86%
Widower 1 1.43%
Total 70 100%
47
Table 1.2 shows that 60 or 85.71 percent was single, 9
or 12.86 percent was married and 1 or 1.43 percent was
widowed. Majority of the respondents were single because
some of the laborers found marriage as financial burden for
them. Very few are married considering that these married
respondents were the owners of the quarrying business.
Table 1.3
Educational Attainment Distribution
Educational Frequency Percentage (%)
Attainment
College graduate 12 17.14%
College level 8 11.43%
High school 0 0%
graduate
48
Highschool level 20 28.57%
Elementary 21 30%
graduate
Elementary level 9 12.86%
Total 70 100%
Table 1.3 shows that 21 or 30 percent was elementary
graduate, 20 or 28.57 percent was high school level, 12 or
17.14 percent was college graduate, 9 or 12.86 percent was
elementary level and 0 percent is a high school graduate.
Majority of the respondents were working over education due
to lack of money which motivated them to feed their family
at a young age.
Table 1.4
Length of Business Operation Distribution
Length of Business Frequency Percentage (%)
12 years and one 5 7.14%
day up
day to 12 years

49
day to 9 years
day 6 years
3 years and below 10 14.29%
Total 70 100%
Table 1.4 shows that 64.26% has had the longest running
business in sand quarrying in Catarman, Northern Samar with
a range of 9 years to 12 years and one day; 14.29% ranging
to 3 years and below; and 7.14% are 12 years and one day up;
9 years and 6 years and one day; and 6 years and 3 years and
one day. It shows that the longest run of the business has
the greatest production output, generate more sales and
profit and see larger business as more credible and stable
than the smaller businesses.
Table 1.5
Type of Permit Distribution
Type of permit Frequency Percentage
Commercial Sand 49 70%
and Gravel
Quarry Permit 21 30%

50
Total 70 100%
Table 1.5 shows that 49 or 70 percent was Commercial
Sand and Gravel Permit and 21 or 30 percent had Quarry
permit Majority of the respondents were permitted to conduct
commercial sand and gravel because it is the most common
permit issued by the Philippine Mining Regulatory Board.
Table 1.6.1
Distribution of Extraction Equipment
Equipment (for extraction) Number of Rank
Equipment
Shovels 41 1
Bucket Wheels 18 2
Backhoes 12 3
Front End Loaders (Loaders) 8 4
Bull Dozers (Dozers) 7 5.5

51
Skid Steers 7 5.5
Graders / Scrapers 5 7
Cranes 4 8
Draglines 5 9
Dredges 2 10
*Multiple Responses
Table 1.6.1 shows that most of the quarry business used
shovel for extraction with 41.41% counted 41 shovels used,
18% used bucket wheels, 12.12% used backhoes, 8.08% used
front end loaders (loaders), 7.07 used skid steers and bull
dozers, 5.05% used draglines and graders/scrapers, 4.04%
used cranes and 2.02 used dredges.
Table 1.6.2
Transportation Facilities Distribution
Equipment (Transportation) Number of Equipment Ranking
Bins / Hoppers / Feeders 21 1
Motorboat 17 2
Haul Trucks 14 3
In-Pit Conveyors 13 4
52
Overland Conveyors 9 5
*Multiple Responses
bins / hoppers / feeders for transportation with 28.38
counted 21 bins / hoppers / feeders used; 24.32 used In-Pit
Conveyors; 22.97% using Motorboat; 18.92% using front Haul
Trucks and 12.16% used Overland Conveyors.
Table 1.6.3
Processing of Equipment
Equipment (Processing) Number of Ranking
Equipment
Screens (Washing and Sorting) 23 1
Crushers 19 2
*Multiple Responses
Screens (Washing and Sorting) for processing with 54.76
counted 23 Screens used and 45.24% used crushers.
Table 1.6.4
53
Facilities) Maintenance) Operations Equipment Distribution
Equipment Number of Ranking
(Facilities / Maintenance / Equipment

Operations)
Personnel Transport 12 1
Vehicles (Light Trucks)
Water Trucks 9 2
Generators 8 3
Forklifts 6 4
*Multiple Responses
Personnel Transport Vehicles (Light Trucks) for operation
with 34.29% counted 12 Personnel Transport Vehicles (Light
Trucks) used; 25.71% used Water Trucks; 22.86% used
Generators; and 17.14% used Forklifts.
This table shows the equipment in quarrying activities
in Catarman, Northern Samar. The quality and number of
equipment results the performance whether poor quality
equipment impacts each quarrying business. The higher the
number of the equipment means the higher production.
Table 1.7
Number of Personnel
54
Numbers of Personnel Frequency Ranking
20-30 35 1
11-20 28 2
1-10 7 3
*Multiple Responses
Table 1.7 shows 50% of quarrying business ranging 20-30
personnel; 40% for quarrying business had a number of 11-20
personnel; and 10% of quarrying business had 10 personnel.
Quarrying business takes a large number of personnel because
manpower is proportional to productivity. The more people
are available to work, the faster the work can be completed.
Conversely, a lack of adequate manpower prevents businesses
from completing tasks.
Table 1.8
Distribution of Mineral Commodities
Mineral Commodities Frequency Ranking
Natural sand and gravel 49 1
Aggregates boulders 14 2
Mountain soil 7 3
55
Total 10
*Multiple Responses
Table 1.8 shows that 70% of quarrying business had a
natural sand and gravel types of commodities quarried, 20%
for aggregates boulders and 10% for mountain soil. Sand and
gravel have a huge number of available mineral commodities
in the different quarrying sites due to its various uses,
including their use in mixing cement materials such as
concrete, mortar, and plaster. Many construction projects
would not be completed well without the use of these
aggregates. And our homes and cities would not be what they
are today without these valuable resources.
Table 2
Activities in Quarrying Sites
Activities in quarrying Frequency Ranking

sites
Washing 46 1
Screening 34 2
Ripping 28 3
Drilling & Blasting 18 4
Crushing & Screening 16 5

56
Pit Run Removal 13 6
*Multiple Responses
Table 2 shows that 29.68% of activities in quarrying
sites are washing, 21.94% for screening, 18.06% ripping,
11.61% for drilling & blasting, 10.32% for crushing &
screening, and 8.39% for pit run removal. Most of the
activities were washing to maximize product yield, product
quality and minimize waste.
Table 3
Effects of Sand Quarrying Distribution
Effects of Sand Quarrying Frequency Ranking
Deepening of River Beds 40 1
Riverbank Collapse 38 2
Biodiversity Loss 19 3
Coastal Erosion 18 4
Sinking Deltas 13 5
*Multiple Responses
57
Table 4 shows the effects of sand quarrying. Most
respondents indicated that they are aware of sand quarrying
effects in their areas so they observed the following
impacts: deepening of riverbeds with 28.17%, riverbank
collapse 26.76%, biodiversity loss with 13.38%, coastal
erosion with 12.68% and other impacts observed by 9.86% of
respondents include: Accidents during sand quarrying such as
soil is extracted and on roads caused by trucks transporting
it, land degradation, and pollution.
Table 4
Recommendations to the decision makers and miners in
Catarman, Northern Samar
Recommendations Frequency Rank
Authorities are to strengthen laws 21 1.5

on not allowing people to enter
vulnerable areas through close
monitoring of the mining occurrence
of landslides.
Covering sand and gravel with nets: 21 1.5

when transporting the resources to
be a prerequisite to reduce damage
of other motorists’ windscreens
from falling stones.
58
The government through the DENR 18 3

should call for a high level of
decision-making forum involving all
stake holder to discuss the problem
of illegal sand and gravel mining
and come up with immediate
solutions which curb environmental
damage
It is important to have an 12 4.33

Environmental Assessment Management
and Monitoring Program. Close
monitoring ensures that there is
proper mining and no gravel
recruitment downstream.
All miners must draft and submit an 12 4.33

environmental Management Plan (EMP)
in advance to ensure that potential
negative impacts of their mining
projects are assessed and
incorporated into development plan.
This becomes prerequisite to get
permit.
The DENR should evolve a policy 8 4.33

compelling to miners to reinvest
and repair old disused mine sites
to reduce occurrence of landslides.
Mining operations must be conducted 1 7

in a manner that minimizes or
eliminates adverse impacts on both
in stream and riparian components
of ecosystems comprising of biota
and habitats.
Deployment of 24hours security to 0 8

guard mining areas and apprehend
illegal miners with help of village
watch groups and clusters. Only
licensed miners will be allowed
into extraction and illegal miners
59
will not have access. All residents

must be involved in apprehending
and reporting illegal miners to
authorities instead of befriending
them.
Total 93
Table 4 shows that most of the respondents recommended
that covering sand and gravel with nets: when transporting
the resources to be a prerequisite to reduce damage of
other motorists’ windscreens from falling stones and
authorities are to strengthen laws on not allowing people
to enter vulnerable areas through close monitoring of the
mining occurrence of landslides with 22.58%,19.35%
recommended that the the government through the DENR should
call for a high level of decision making forum involving
all stake holder to discuss the problem of illegal sand and
gravel mining and come up with immediate solutions which
curb environmental damage; 12.90% recommended that all
miners must draft and submit an environmental Management
Plan (EMP) in advance to ensure that potential negative
impacts of their mining projects are assessed and
incorporated into development plan. This becomes
prerequisite to get permit and it is important to have an
Environmental Assessment Management and Monitoring Program.

60
Close monitoring ensures that there is proper mining and no
gravel recruitment downstream. 8.60% recommended that the
DENR should evolve a policy compelling to miners to
reinvest and repair old disused mine sites to reduce
occurrence of landslides, 1.06% recommended that Mining
operations must be conducted in a manner that minimizes or
eliminates adverse impacts on both in stream and riparian
components of ecosystems comprising of biota and habitats
and 0% recommended the deployment of 24hours security to
guard mining areas and apprehend illegal miners with help
of village watch groups and clusters. Only licensed miners
will be allowed into extraction and illegal miners will not
have access. All residents must be involved in apprehending
and reporting illegal miners to authorities instead of
befriending them.
61
Chapter V
SUMMARY, CONCLUSION AND IMPLICATIONS, AND RECOMMENDATIONS
Summary
This study was conducted and designed to determine the
sand quarrying in Catarman, Northern Samar. Specifically, it
sought to find out the socio-demographic profile of the
respondents in sand quarrying in terms of as sex, civil
status, educational attainment, length of business, existing
permit, equipment, number of personnel, types of quarrying,

62
the different quarrying activities, identify the effects of
sand quarrying to the residents of the sites in Catarman,
Northern Samar.
Seventy (70) respondents were the owners, laborers of
the quarrying sites in Catarman, Northern Samar. The study
used a descriptive survey questionnaire. The method used to
determine the respondents was purposive sampling technique.
The data were categorized, analyzed, and interpreted using
frequency counts, percentages, weighted mean, and ranking.
The results of the study revealed that most of the
laborers are males, single, and majority of the laborers had
no formal education, the longest run of the business ranging
to 9 years to 12 years and one day, Commercial Sand and
Gravel Permit is the most common permit issued by the
Philippine Mining Regulatory Board, the quality and number
of equipment results the performance, the higher the number
of the equipment means the higher production, quarrying
business has a natural sand and gravel types of quarry,
To improve the sand quarrying activities, the
respondents recommended that authorities strengthen the laws
of not allowing people to enter vulnerable areas through
close monitoring of the mining occurrence of landslides and
cover the sand and gravel with nets when transporting the
63
resources to be a prerequisite to reduce damage of other
motorists’ windscreens from falling stones.
Conclusion and Implications
The study on quarrying activities in Catarman, Northern
Samar revealed both positive and negative effects. It
highlighted the views of affected people through
questionnaires and interviews. Majority of the respondents
were not happy with environmental effects, specifically, the
deepening of riverbeds and riverbank collapse.
The research justified that there are both positive and
negative environmental impacts of sand quarrying. It
revealed that river sand and gravel is the soil component
quarry most in construction industry because of its strength
as a resource and has many uses which include building
strong structures, plastering, making foundations and
bricks. The researchers discovered that pits at extraction
sites were increasing on every visit while rivers at sampled
areas were widening and deepening. Method of quarry commonly
used washing, screening and ripping. There are two main
methods of loading being used by miners which are the use of
front end loaders by licensed miners while illegal miners
mostly prefer the cheaper way of hiring manual loaders who
use shovels.
64
Sand quarrying is very important activity for economic
development in both developed and developing world.
Generally, mining disturbed land surface areas, leaving huge
open pits which are difficult physically and economically to
rehabilitate at the time mining cease. Excessive mining
leads to depletion of resources on both riverbeds and open
lands. There is a need for laws across the globe by high
level decision makers to enforce solutions to environmental
problems and implement all the stated recommendations.
Recommendations
Based on the data gathered from the respondents the
following recommendations are forwarded:
1. Authorities are to strengthen laws of not allowing
people to enter vulnerable areas through close
monitoring of the mining activities in all areas.

65
2. Covering sand and gravel with nets when transporting
other motorists’ windscreens from falling stones.
3. A similar study be conducted in another area with a
more comprehensive and intensive focus on sand
quarrying activities, which can answer related
questions about sand quarrying activities with
sufficient time and resources.
LITERATURE CITED
Abate, Z. (2016). Impacts of Stone Quarrying on Environment

and Livelihood of Local Community in Addis Ababa Peri-
Urban Areas: The Case of Hana Mariam Cobble Stone
Quarry Site. Master’s Thesis. Addis Ababa
University.
Acopiado H.J., Catud B. E., Ebora E.A., & Jimenez C.

(2017). Quarrying Industry in Lobo, Batangas: A case
study in Bachelor of Secondary Education Major in
Social Studies. Batangas Sate University. Batangas
City.
66
Adekoya JA, (2003). Environmental Effect of Solid Minerals

Mining. J.Phys.Sci.Kenya. Retrieved
from:http://www.academicjournals.org/ijbc. Date
Retrieved: November 2022
“Age”. Merriam-Webster.com Dictionary, Merriam Webster,
Aigbedion, IN (2005). Environmental Pollution in the Niger-

Delta, Nigeria. Inter-Disciplinary J. Enugu-Nigeria
Retrieved from: http://www.academicjournals.org/ijbc.
Date Retrieved: November 2022
Aigbedion, IN (2005). Ibid.
Azad S.A and Dr. Ashish Mittal (2006).
Bagchi P 2010. Unregulated Sand Mining Threatens Indian

Rivers. The Journal India Together.
“ChildLabor”http://www.ilo.org/ipec/facts/lang-en/index.htm.
July 7, 2021. a National Policy on Environmental
Management N.P.O. Date Retrieved: November 2022
Census of Population (2020). Region VIII( Eastern Visayas)”.

Total Population by Province, City, Municipality and
Barangay. NSO, Retrieved: November 2022
Eshiwani, F. (2014). Effect of Quarrying Activities on the

Environment in Nairobi County: A Case Study of
Embakasi District. Master’s Thesis.University of
Nairobi.
Esteria p. 2017. About gravel and sand mining in northern

samar. The kahimyang project. Northern samar. 2022
primo esteria,
https://kahimyang.com/kauswagan/general-blogs/190/anout-
gravel-and-sand-mining-in-nortern-samar. Date
Retrieved: November 2022
9
Francis, E. (2000) Making a Living: Changing Livelihoods in
Rural Africa. Routledge, London.Goddard J 2007. Land
Degradation and Rehabilitation. Sydney: University of
South Wales Press.
Hallet (1996). Glacial landscape evolution by subglacial

quarrying: a multi-scale computational approach: power
67
law for subglacial quarrying. Journal of Geophysical

research: earth surface 121(11). Aarhus, Denmark. 2008-
2022 ResearchGate GmbH. Date Retrieved: November 2022
Helmore, K. and Singh, N. (2001) Sustainable Livelihoods;

Building on the Wealth of the poor. USA: Kumarian
Press.
Hill L and Kleynrans CJ 1999. Authorisation and Licensing of

Sand Mining/Gravel Extraction, in terms of Impacts on
In-stream and Riparian Habitats. Journal of Mining
Science.
Kondolf MG 2007: Geomorphic and Environmental Effects of In

stream Gravel Mining. Landscape and Urban Planning.
Kuttipuran M 2006: RIVERS: Physical Modifications.

Singapore: Donnelley.
Magayes D, & Rivera (2022). Profile, Problems and

Needs of Children employed in Sand Quarrying in
Barangay Capacujan, Palapag, Northern Samar: A case
study of Bachelor of Science in Criminology Thesis,
University of Eastern Philippines, Northern Samar.
“Need”. Merriam-Webster.com Dictionary Merriam-Webster
Nene, N.J. (2011).Assessment Of The Effects Of Quarrying

Activities On Some Selected Communities In The Lower
Manya Krobo District. Award Of M. Phil Environmental
Science Degree’s Thesis. University Of Ghana.
Okafor F C (2006). Rural Development and the Environmental

Degradation versus Protection: In P. O. Sada and
T.Odemerho (ed.). Environmental Issues and Management
in Nigerian Development.
“Parents Income” “What is income?

”http://www.investopedia.com. Reclamation/
Rehabilitation Guidelines for Sand and Gravel Mineral
Concession Operators Document.34,8 5138 Merchandising
Publisher. “Educational Attainment”
http://www.census.gov. Date Retrieved: NOVEMBER 2022
68
Schaetzl R 1990: Sand and Gravel Mining for

Aggregate:https://www.msu.edu/-soils. Date Retrieved:
November 2022.
Saviour NM 2012. Environmental impacts of Soil and Sand

Mining: A Review. International
Journal of Science, Environment and Technology.
Wang, L., Zhang, J. L & Liu, L.M. (2010). Diversification

of Rural Livelihood Strategies and its Effect on
Local Landscape Restoration in the Semiarid Hilly
Area of the Loess Plateau, China. [Online] Available
at: www.wileyonlinelibrary.com. Date Retrieved:
November 2022
Appendix A
Letter to the Dean

Republic of the Philippines
University of Eastern Philippines
COLLEGE OF ARTS AND COMMUNICATION
University Town, Northern Samar
Department of Criminology
September 21, 2022

69
MARIA ALFE G. BANAWIS, DALL

Dean, College of Arts and Communication
Madam:
The undersigned are BS Criminology senior students of
the University of Eastern Philippines, and are presently
conducting a thesis titled: “SAND QUARRYING ACTIVITIES IN
CATARMAN, NORTHERN SAMAR.”
In connection to this, please allow us to conduct a
data gathering to the respondents.
Thank you so much.
Respectfully yours,
Noted: ROILAN E. GAJANA
JOY E. PRESADO, DPA KANE JOHN ALDRIN GAYO
Research Professor Researchers
ATTY. FRANCO ARCHIE N.

TONOG
Research Adviser
JOSE E. GABON, JR., DCJE

Chair, Criminology Department
Appendix B
Letter to the Department Chair

September 21, 2022

JOSE E. GABON JR., DCJE
70
Sir:

In connection to this, please allow us to conduct a
data gathering from the respondents.
Thank you so much.
Respectfully yours,
JOY E. PRESADO, DPA KANE JOHN ALDRIN

GAYO
Research Professor
Researchers
ATTY. FRANCO ARCHIE N. TONOG
Research Adviser
Appendix C
Letter to the Provincial Mining Regulatory Board

September 21, 2022

71
Sir/Madam:

In connection with this, the researchers would like to
ask permission to conduct this study in your office. They
further request the staff of the Northern Samar Provincial
Mining Regulatory Board to serve as respondents of this
study.
The researchers further assure you that all the data
which will be gathered from this study will be kept
confidential and will only be used for this study.
Thank you.
Respectfully yours,
Research Adviser

Recommending Approval:

Appendix D
Letter to the Respondents

September 21, 2022

72
Sir/Madam:
In connection with this, the researchers would like to
request your full cooperation by answering the attached
questionnaire honestly and to the best of your knowledge.
The researchers further assure you that all the data
which will be gathered from this study will be kept
confidential and will only be used for this study. Thank
you.
Respectfully yours,
Research Adviser

Recommending Approval:

Appendix E
List of Mining Permittees
73
Appendix F
Survey Questionnaire
“SAND QUARRYING ACTIVITIES IN THE DIFFERENT QUARRYING SITES

IN CATARMAN, NORTHERN SAMAR”
Part 1. Profile of the respondents in terms of:

NAME(optional): ___________________________________________
74
Sex:
( ) Male
( ) Female
Civil Status:
( ) Single
( ) Married
( ) Widow/er
Educational Attainment:
( ) College Graduate
( ) College Level
( ) Highschool Graduate
( ) Highschool Level
( ) Elementary Graduate
( ) Elementary Level
Length of business:
( ) 3years and below
( ) 6years
( ) 9years
( ) 12years
( ) 12years and up
Type of Permit
Please specify:
_______________________________________________
Equipment:
Please specify:
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
75
Number of Personnel
( ) 1-10
( ) 11-20
( ) 21-30
( ) 31-40
( ) 41-50
( ) 51 and above
Types of quarry
( ) Hard rock
( ) Natural sand
( ) Natural sand and gravel
( ) Sandstone
( ) Rock aggregates
( ) Mountin soil
( ) Marine/ocean
( ) limestone
PART II: MULTIPLE RESPONSES

The Different Activities in Quarrying Sites:
( ) Drilling & Blasting
( ) Washing
( ) Ripping
( ) Screening
( ) Pit Run Removal
( ) Crushing & Screening
76
PART III: MULTIPLE RESPONSES

The Effects of Sand Quarrying on the Residents:
( )Riverbank Collapse
( )Deepening Of River Beds
( )Sinking Deltas
( )Coastal Erosion
( )Biodiversity Loss
( )Others
Specify:
______________________________________________
PART IV: MULTIPLE RESPONSES

Recommendations
What are the recommendations can be forwarded to the
decision makers and miners of sand quarrying in Catarman,
Northern Samar?
 The government through the DENR should call for a high

level of decision-making forum involving all stake
holder to discuss the problem of illegal sand and
gravel mining and come up with immediate solutions
which curb environmental damage
 It is important to have an Environmental Assessment
Management and Monitoring Program. Close monitoring
ensures that there is proper mining and no gravel
recruitment downstream.
 Deployment of 24 hours security to guard mining areas
and apprehend illegal miners with help of village watch
groups and clusters. Only licensed miners will be
allowed into extraction and illegal miners will not
have access. All residents must be involved in
apprehending and reporting illegal miners to
authorities instead of befriending them.
 Mining operations must be conducted in a manner that
minimizes or eliminates adverse impacts on both in
stream and riparian components of ecosystems comprising
of biota and habitats.
 Authorities are to strengthen laws on not allowing
people to enter vulnerable areas through close
monitoring of the mining occurrence of landslides.
77
 The DENR should evolve a policy compelling to miners to

reinvest and repair old disused mine sites to reduce
occurrence of landslides.
 All miners must draft and submit an environmental
Management Plan (EMP) in advance to ensure that
potential negative impacts of their mining projects are
assessed and incorporated into development plan. This
becomes prerequisite to get permit.
 Covering sand and gravel with nets: when transporting
other motorists’ windscreens from falling stones.
Thank you for your cooperation.
Gajana, Roilan E.
Gayo, Kane John Aldrin
Researchers
Appendix G
Photo Documentation
78
Sand Quarrying Sites for Mountain Soil at

Brgy. Galutan, Cataman, Northern Samar
The researchers interview the respondents while working

79
The respondents transferring the sand from motorboat to the

site using improvised bins.
One of the effects of quarrying, the eroding cliff
Equipment used in sand quarrying activities.

80
81
82
Sample of mineral commodity

83
84
Researchers and the Respondents

85
Appendix H
Copy of RA 7942

86
Congress of the Philippines Metro Manila
Republic Act No. 7942
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 3
Definition of Terms
As used in and for purposes of this Act, the following

terms, whether in singular or plural, shall mean:
a. Ancestral lands refers to all lands exclusively and

actually possessed, occupied, or utilized by indigenous
cultural communities by themselves or through their
ancestors in accordance with their customs and
87
traditions since time immemorial, and as may be defined

and delineated by law.
b. Block or meridional block means an area bounded by

one-half (1/2) minute of latitude and one-half (1/2)
minute of longitude, containing approximately eighty-
one hectares (81 has.).
c. Bureau means the Mines and Geosciences Bureau under

the Department of Environment and Natural Resources.
d. Carrying capacity refers to the capacity of natural

and human environments to accommodate and absorb change
without experiencing conditions of instability and
attendant degradation.
e. Contiguous zone refers to water, sea bottom and

substratum measured twenty-four nautical miles (24
n.m.) seaward from the base line of the Philippine
archipelago.
f. Contract area means land or body of water delineated

for purposes of exploration, development, or
utilization of the minerals found therein.
g. Contractor means a qualified person acting alone or

in consortium who is a party to a mineral agreement or
to a financial or technical assistance agreement.
h. Co-production agreement (CA) means an agreement

entered into between the Government and one or more
contractors in accordance with Section 26(b) hereof.
i. Department means the Department of Environment and

Natural Resources.
j. Development means the work undertaken to explore and

prepare an ore body or a mineral deposit for mining,
including the construction of necessary infrastructure
and related facilities.
k. Director means the Director of the Mines and

Geosciences Bureau.
l. Ecological profile or eco-profile refers to

geographic-based instruments for planners and decision-
88
makers which presents an evaluation of the

environmental quality and carrying capacity of an area.
m. Environmental compliance certificate (ECC) refers to

the document issued by the government agency concerned
certifying that the project under consideration will
not bring about an unacceptable environmental impact
and that the proponent has complied with the
requirements of the environmental impact statement
system.
n. Environmental impact statement (EIS) is the document

which aims to identify, predict, interpret, and
communicate information regarding changes in
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.
o. Exclusive economic zone means the water, sea bottom

and subsurface measured from the baseline of the
Philippine archipelago up to two hundred nautical miles
(200 n.m.) offshore.
p. Existing mining/quarrying right means a valid and

subsisting mining claim or permit or quarry permit or
any mining lease contract or agreement covering a
mineralized area granted/issued under pertinent mining
laws.
q. Exploration means the searching or prospecting for

mineral resources by geological, geochemical or
geophysical surveys, remote sensing, test pitting,
trenching, drilling, shaft sinking, tunneling or any
other means for the purpose of determining the
existence, extent, quantity and quality thereof and the
feasibility of mining them for profit.
r. Financial or technical assistance agreement means a

contract involving financial or technical assistance
for large-scale exploration, development, and
utilization of mineral resources.
s. 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,
89
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.
t. Foreign-owned corporation means any corporation,

partnership, association, or cooperative duly
registered in accordance with law in which less than
fifty per centum (50%) of the capital is owned by
Filipino citizens.
u. Government means the government of the Republic of

the Philippines.
v. Gross output means the actual market value of

minerals or mineral products from its mining area as
defined in the National Internal Revenue Code.
w. Indigenous cultural community means a group or tribe

of indigenous Filipinos who have continuously lived as
communities on communally-bounded and defined land
since time immemorial and 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.
x. Joint venture agreement (JVA) means an agreement

entered into between the Government and one or more
contractors in accordance with Section 26(c) hereof.
y. Mineral processing means the milling, beneficiation

or upgrading of ores or minerals and rocks or by
similar means to convert the same into marketable
products.
z. Mine wastes and tailings shall mean soil and rock

materials from surface or underground mining and
milling operations with no economic value to the
generator of the same.
aa. Minerals refers to all naturally occurring

inorganic substance in solid, gas, liquid, or any
intermediate state excluding energy materials such as
90
coal, petroleum, natural gas, radioactive materials,

and geothermal energy.
ab. Mineral agreement means a contract between the

government and a contractor, involving mineral
production-sharing agreement, co-production agreement,
or joint-venture agreement.
ac. Mineral land means any area where mineral resources

are found.
ad. Mineral resource means any concentration of

minerals/rocks with potential economic value.
ae. Mining area means a portion of the contract area

identified by the contractor for purposes of
development, mining, utilization, and sites for support
facilities or in the immediate vicinity of the mining
operations.
af. Mining operation means mining activities involving

exploration, feasibility, development, utilization, and
processing.
ag. Non-governmental organization (NGO) includes

nonstock, nonprofit organizations involved in
activities dealing with resource and environmental
conservation, management and protection.
ah. Net assets refers to the property, plant and

equipment as reflected in the audited financial
statement of the contractor net of depreciation, as
computed for tax purposes, excluding appraisal increase
and construction in progress.
ai. Offshore means the water, sea bottom and subsurface

from the shore or coastline reckoned from the mean low
tide level up to the two hundred nautical miles (200
n.m.) exclusive economic zone including the
archipelagic sea and contiguous zone.
aj. Onshore means the landward side from the mean tide
elevation, including submerged lands in lakes, rivers
and creeks.
91
ak. Ore means a naturally occurring substance or

material from which a mineral or element can be mined
and/or processed for profit.
al. Permittee means the holder of an exploration

permit.
am. Pollution control and infrastructure devices refers

to infrastructure, machinery, equipment and/or
improvements used for impounding, treating or
neutralizing, precipitating, filtering, conveying and
cleansing mine industrial waste and tailings as well as
eliminating or reducing hazardous effects of solid
particles, chemicals, liquids or other harmful
byproducts and gases emitted from any facility utilized
in mining operations for their disposal.
an. President means the President of the Republic of

the Philippines.
ao. Private land refers to any land belonging to any

private person which includes alienable and disposable
land being claimed by 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.
ap. 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.
aq. Qualified person means any citizen of the

Philippines with capacity to contract, or a
corporation, partnership, association, or cooperative
organized or authorized for the purpose of engaging in
miring, with technical and financial capability to
undertake mineral resources development and duly
registered in accordance with law at least sixty per
centum (60%) of the capital of which is owned by
citizens of the Philippines: Provided, That a legally
organized foreign-owned corporation shall be deemed a
qualified person for purposes of granting an
exploration permit, financial or technical assistance
agreement or mineral processing permit.
92
ar. Quarrying means the process of extracting, removing

and disposing quarry resources found on or underneath
the surface of private or public land.
as. Quarry permit means a document granted to a

qualified person for the extraction and utilization of
quarry resources on public or private lands.
at. Quarry resources refers to any common rock or other

mineral substances as the Director of Mines and
Geosciences Bureau may declare to be quarry resources
such as, but not limited to, andesite, basalt,
conglomerate, coral sand, diatomaceous earth, diorite,
decorative stones, gabbro, granite, limestone, marble,
marl, red burning clays for potteries and bricks,
rhyolite, rock phosphate, sandstone, serpentine, shale,
tuff, volcanic cinders, and volcanic glass: Provided,
That such quarry resources do not contain metals or
metallic constituents and/or other valuable minerals in
economically workable quantities: Provided, further,
That non-metallic minerals such as kaolin, feldspar,
bull quartz, quartz or silica, sand and pebbles,
bentonite, talc, asbestos, barite, gypsum, bauxite,
magnesite, dolomite, mica, precious and semi-precious
stones, and other non-metallic minerals that may later
be discovered and which the: Director declares the same
to be of economically workable quantities, shall not be
classified under the category of quarry resources.
au. Regional director means the regional director of

any mines regional office under the Department of
Environment and Natural Resources.
av. Regional office means any of the mines regional

offices of the Department of Environment and Natural
Resources.
aw. Secretary means the Secretary of the Department of

Environment and Natural Resources.
ax. Special allowance refers to payment to the claim-

owners or surface right-owners particularly during the
transition period from Presidential Decree No. 463 and
Executive Order No. 279, series of 1987.
ay. State means the Republic of the Philippines.

93
az. Utilization means the extraction or disposition of

minerals.
CHAPTER II
GOVERNMENT MANAGEMENT
Section 4
Ownership of Mineral Resources
Mineral resources are owned by the State and the

exploration, development, utilization, and processing
thereof shall be under its full control and supervision. The
State may directly undertake such activities or it may enter
into mineral agreements with contractors.
The State shall recognize and protect the rights of the

indigenous cultural communities to their ancestral lands as
provided for by the Constitution.
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: 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. All submerged lands within the
contiguous zone and in the exclusive economic zone of the
Philippines are hereby declared to be mineral reservations.
A ten per centum (10%) share of all royalties and revenues

to be derived by the government from the development and
utilization of the mineral resources within mineral
reservations as provided under this Act shall accrue to the
94
Mines and Geosciences Bureau to be allotted for special

projects and other administrative expenses related to the
exploration and development of other mineral reservations
mentioned in Section 6 hereof.
Section 6
Other Reservations
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 a qualified person in accordance with the
rules and regulations promulgated by the Secretary. The
right to develop and utilize the minerals found therein
shall be awarded by the President under such terms and
conditions as recommended by the Director and approved by
the Secretary: Provided, That the party who undertook the
exploration of said reservation shall be given priority. The
mineral land so awarded shall be automatically excluded from
the reservation during the term of the agreement: Provided,
further, That the right of the lessee of a valid mining
contract existing within the reservation at the time of its
establishment shall not be prejudiced or impaired.
Section 7
Periodic Review of Existing Mineral Reservations
The Secretary shall periodically review existing mineral

reservations for the purpose of determining whether their
continued existence is consistent with the national
interest, and upon his recommendation, the President may, by
proclamation, alter or modify the boundaries thereof or
revert the same to the public domain without prejudice to
prior existing rights.
Section 8
Authority of the Department
The Department shall be the primary government agency

responsible for the conservation, management, development,
and proper use of the State's mineral resources including
those in reservations, watershed areas, and lands of the
public domain. The Secretary shall have the authority to
enter into mineral agreements on behalf of the Government
upon the recommendation of the Director, promulgate such
95
rules and regulations as may be necessary to implement the

intent and provisions of this Act.
Section 9
Authority of the Bureau
The Bureau shall have direct charge in the administration

and disposition of mineral lands and mineral resources and
shall undertake geological, mining, metallurgical, chemical,
and other researches as well as geological and mineral
exploration surveys. The Director shall recommend to the
Secretary the granting of mineral agreements to duly
qualified persons and shall monitor the compliance by the
contractor of the terms and conditions of the mineral
agreements. The Bureau may confiscate surety, performance
and guaranty bonds posted through an order to be promulgated
by the Director. The Director may deputize, when necessary,
any member or unit of the Philippine National Police,
barangay, duly registered non-governmental organization
(NGO) or any qualified person to police all mining
activities.
Section 10
Regional Offices
There shall be as many regional offices in the country as

may be established by the Secretary, upon the recommendation
of the Director.
Section 11
Processing of Applications
The system of processing applications for mining rights

shall be prescribed in the rules and regulations of this
Act.
Section 12
Survey, Charting and Delineation of Mining Areas
A sketch plan or map of the contract or mining area prepared

by a deputized geodetic engineer suitable for publication
purposes shall be required during the filing of a mineral
agreement or financial or technical assistance agreement
application. Thereafter, the contract or mining area shall
be surveyed and monumented by a deputized geodetic engineer
96
or bureau geodetic engineer and the survey plan shall be

approved by the Director before the approval of the mining
feasibility.
Section 13
Meridional Blocks
For purposes of the delineation of the contract or mining

areas under this Act, the Philippine territory and its
exclusive economic zone shall be divided into meridional
blocks of one-half (1/2) minute of latitude and one-half
(1/2) minute of longitude.
Section 14
Recording System
There shall be established a national and regional filing

and recording system. A mineral resource database system
shall be set up in the Bureau which shall include, among
others, a mineral rights management system. The Bureau shall
publish at least annually, a mineral gazette of nationwide
circulation containing among others, a current list of
mineral rights, their location in the map, mining rules and
regulations, other official acts affecting mining, and other
information relevant to mineral resources development. A
system and publication fund shall be included in the regular
budget of the Bureau.
CHAPTER III
SCOPE OF APPLICATION
Section 15
Scope of Application
This Act shall govern the exploration, development,

utilization and processing of all mineral resources.
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.
97
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.
Section 18
Areas Open to Mining Operations
Subject to any existing rights or reservations and prior

agreements of all parties, all mineral resources in public
or private lands, including timber or forestlands as defined
in existing laws, shall be open to mineral agreements or
financial or technical assistance agreement applications.
Any conflict that may arise under this provision shall be
heard and resolved by the panel of arbitrators.
Section 19
Areas Closed to Mining Applications
Mineral agreement or financial or technical assistance

agreement applications shall not be allowed:
a. In military and other government reservations,

except upon prior written clearance by the government
agency concerned;
b. 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;
c. In areas covered by valid and existing mining

rights;
d. In areas expressedly prohibited by law;
e. 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
98
utilization of minerals shall be agreed upon by the

parties, said royalty forming a trust fund for the
socioeconomic development of the community concerned;
and
f. Old growth or virgin forests, proclaimed watershed

forest reserves, wilderness areas, 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
Areas System (NIPAS) under Republic Act No. 7586,
Department Administrative Order No. 25, series of 1992
and other laws.
CHAPTER IV
EXPLORATION PERMIT
Section 20
Exploration Permit
An exploration permit grants the right to conduct

exploration for all minerals in specified areas. The Bureau
shall have the authority to grant an exploration Permit to a
qualified person.
Section 21
Terms and Conditions of the Exploration Permit
An exploration permit shall be for a period of two (2)

years, subject to annual review and relinquishment or
renewal upon the recommendation of the Director.
Section 22
Maximum Areas for Exploration Permit
The maximum area that a qualified person may hold at any one
time shall be:
a. Onshore, in any one province
1. for individuals, twenty (20) blocks: and

99
2. for partnerships, corporations, cooperatives,

or associations, two hundred (200) blocks.
b. Onshore, in the entire Philippines
1. for individuals, forty (40) blocks; and

or associations, four hundred (400) blocks.
c. Offshore, beyond five hundred meters (500m) from the

mean low tide level:
1. for individuals, one hundred (100) blocks; and

or associations, one thousand (1,000) blocks.
Section 23
Rights and Obligations of the Permittee
An exploration permit shall grant to the permittee, his

heirs or successors-in-interest, the right to enter, occupy
and explore the area: Provided, That if private or other
parties are affected, the permittee shall first discuss with
the said parties the extent, necessity, and manner of his
entry, occupation and exploration and in case of
disagreement, a panel of arbitrators shall resolve the
conflict or disagreement.
The permittee shall undertake an exploration work on the

area as specified by its permit based on an approved work
program.
Any expenditure in excess of the yearly budget of the

approved work program may be carried forward and credited to
the succeeding years covering the duration of the permit.
The Secretary, through the Director, shall promulgate rules
and regulations governing the terms and conditions of the
permit.
The permittee may apply for a mineral production sharing

agreement, joint venture agreement, co-production agreement
or financial or technical assistance agreement over the
permit area, which application shall be granted if the
permittee meets the necessary qualifications and the terms
and conditions of any such agreement: Provided, That the
100
exploration period covered by the exploration permit shall

be included as part of the exploration period of the mineral
agreement or financial or technical assistance agreement.
Section 24
Declaration of Mining Project Feasibility
A holder of an exploration permit who determines the

commercial viability of a project covering a mining area
may, within the term of the permit, file with the Bureau a
declaration of mining project feasibility accompanied by a
work program for development. The approval of the mining
project feasibility and compliance with other requirements
provided in this Act shall entitle the holder to an
exclusive right to a mineral production sharing agreement or
other mineral agreements or financial or technical
assistance agreement.
Section 25
Transfer or Assignment
An exploration permit may be transferred or assigned to a

qualified person subject to the approval of the Secretary
upon the recommendation of the Director.
CHAPTER V
MINERAL AGREEMENTS
Section 26
Modes of Mineral Agreement
For purposes of mining operations, a mineral agreement may

take the following forms as herein defined:
a. Mineral production sharing agreement is an agreement

where the Government grants to the contractor the
exclusive right to conduct mining operations within a
contract area and shares in the gross output. The
contractor shall provide the financing, technology,
management and personnel necessary for the
implementation of this agreement.
b. Co-production agreement is an agreement between the

Government and the contractor wherein the Government
101
shall provide inputs to the mining operations other

than the mineral resource.
c. Joint venture agreement is an agreement where a

joint-venture company is organized by the Government
and the contractor with both parties having equity
shares. Aside from earnings in equity, the Government
shall be entitled to a share in the gross output.
A mineral agreement shall grant to the contractor the

exclusive right to conduct mining operations and to extract
all mineral resources found in the contract area. In
addition, the contractor may be allowed to convert his
agreement into any of the modes of mineral agreements or
financial or technical assistance agreement covering the
remaining period of the original agreement subject to the
approval of the Secretary.
Section 27
Eligibility
A qualified person may enter into any of the three (3) modes
of mineral agreement with the government for the
exploration, development and utilization of mineral
resources: Provided, That in case the applicant has been in
the mining industry for any length of time, he should
possess a satisfactory environmental track record as
determined by the Mines and Geosciences Bureau and in
consultation with the Environmental Management Bureau of the
Department.
Section 28
Maximum Areas for Mineral Agreement
The maximum area that a qualified person may hold at any

time under a mineral agreement shall be:
a. Onshore, in any one province
1. for individuals, ten (10) blocks; and
2. for partnerships, cooperatives, associations,

or corporations, one hundred (100) blocks.
b. Onshore, in the entire Philippines
1. for individuals, twenty (20) blocks; and

102

or corporations, two hundred (200) blocks.
c. Offshore, in the entire Philippines
1. for individuals fifty (50) blocks;

or corporations, five hundred (500) blocks; and
3. for the exclusive economic zone, a larger area

to be determined by the Secretary.
The maximum areas mentioned above that a contractor may hold

under a mineral agreement shall not include mining/quarry
areas under operating agreements between the contractor and
a claimowner/lessee/permittee/licensee entered into under
Presidential Decree No. 463.
Section 29
Filing and Approval of Mineral Agreements
All proposed mineral agreements shall be filed in the region

where the areas of interest are located, except in mineral
reservations which shall be filed with the Bureau.
The filing of a proposal for a mineral agreement shall give

the proponent the prior right to areas covered by the same.
The proposed mineral agreement will be approved by the
Secretary and copies thereof shall be submitted to the
President. Thereafter, the President shall provide a list to
Congress of every approved mineral agreement within thirty
(30) days from its approval by the Secretary.
Section 30
Assignment/Transfer
Any assignment or transfer of rights and obligations under

any mineral agreement except a financial or technical
assistance agreement shall be subject to the prior approval
of the Secretary. Such assignment or transfer shall be
deemed automatically approved if not acted upon by the
Secretary within thirty (30) working days from official
receipt thereof, unless patently unconstitutional or
illegal.
103
Section 31
Withdrawal from Mineral Agreements
The contractor may, by giving due notice at any time during

the term of the agreement, apply for the cancellation of the
mineral agreement due to causes which, in the opinion of the
contractor, make continued mining operations no longer
feasible or viable. The Secretary shall consider the notice
and issue its decision within a period of thirty (30) days:
Provided, That the contractor has met all its financial,
fiscal and legal obligations.
Section 32
Terms
Mineral agreements shall have a term not exceeding twenty-

five (25) years to start from the date of execution thereof,
and renewable for another term not exceeding twenty-five
(25) years under the same terms and conditions thereof,
without prejudice to changes mutually agreed upon by the
parties. After the renewal period, the operation of the mine
may be undertaken by the Government or through a contractor.
The contract for the operation of a mine shall be awarded to
the highest bidder in a public bidding after due publication
of the notice thereof: Provided, That the contractor shall
have the right to equal the highest bid upon reimbursement
of all reasonable expenses of the highest bidder.
CHAPTER VI
FINANCIAL OR TECHNICAL ASSISTANCE AGREEMENT
Section 33
Eligibility
Any qualified person with technical and financial capability

to undertake large-scale exploration, development, and
utilization of mineral resources in the Philippines may
enter into a financial or technical assistance agreement
directly with the Government through the Department.
Section 34
Maximum Contract Area
104
The maximum contract area that may be granted per qualified

person, subject to relinquishment shall be:
a. 1,000 meridional blocks onshore;
b. 4,000 meridional blocks offshore; or
c. Combinations of a and b provided that it shall not

exceed the maximum limits for onshore and offshore
areas.
Section 35
Terms and Conditions
The following terms, conditions, and warranties shall be

incorporated in the financial or technical assistance
agreement, to wit:
a. A firm commitment in the form of a sworn statement,

of an amount corresponding to the expenditure
obligation that will be invested in the contract area:
Provided, That such amount shall be subject to changes
as may be provided for in the rules and regulations of
this Act;
b. A financial guarantee bond shall be posted in favor

of the Government in an amount equivalent to the
expenditure obligation of the applicant for any year;
c. Submission of proof of technical competence, such

as, but not limited to, its track record in mineral
resource exploration, development, and utilization;
details of technology to be employed in the proposed
operation; and details of technical personnel to
undertake the operation;
d. Representations and warranties that the applicant

has all the qualifications and none of the
disqualifications for entering into the agreement;
e. Representations and warranties that the contractor

has or has access to all the financing, managerial and
technical expertise and, if circumstances demand, the
technology required to promptly and effectively carry
out the objectives of the agreement with the
understanding to timely deploy these resources under
its supervision pursuant to the periodic work programs
105
and related budgets, when proper, providing an

exploration period up to two (2) years, extendible for
another two (2) years but subject to annual review by
the Secretary in accordance with the implementing rules
and regulations of this Act, and further, subject to
the relinquishment obligations;
f. Representations and warranties that, except for

payments for dispositions for its equity, foreign
investments in local enterprises which are qualified
for repatriation, and local supplier's credits and such
other generally accepted and permissible financial
schemes for raising funds for valid business purposes,
the contractor shall not raise any form of financing
from domestic sources of funds, whether in Philippine
or foreign currency, for conducting its mining
operations for and in the contract area;
g. The mining operations shall be conducted in

accordance with the provisions of this Act and its
implementing rules and regulations;
h. Work programs and minimum expenditures commitments;
i. Preferential use of local goods and services to the

maximum extent practicable;
j. A stipulation that the contractors are obligated to

give preference to Filipinos in all types of mining
employment for which they are qualified and that
technology shall be transferred to the same;
k. Requiring the proponent to effectively use

appropriate anti-pollution technology and facilities to
protect the environment and to restore or rehabilitate
mined out areas and other areas affected by mine
tailings and other forms of pollution or destruction;
l. The contractors shall furnish the Government records

of geologic, accounting, and other relevant data for
its mining operations, and that book of accounts and
records shall be open for inspection by the government;
m. Requiring the proponent to dispose of the minerals

and byproducts produced under a financial or technical
assistance agreement at the highest price and more
106
advantageous terms and conditions as provided for under

the rules and regulations of this Act;
n. Provide for consultation and arbitration with

respect to the interpretation and implementation of the
terms and conditions of the agreements; and
o. Such other terms and conditions consistent with the

Constitution and with this Act as the Secretary may
deem to be for the best interest of the State and the
welfare of the Filipino people.
Section 36
Negotiations
A financial or technical assistance agreement shall be

negotiated by the Department and executed and approved by
the President. The President shall notify Congress of all
financial or technical assistance agreements within thirty
(30) days from execution and approval thereof.
Section 37
Filing and Evaluation of Financial or Technical Assistance
Agreement Proposals
All financial or technical assistance agreement proposals

shall be filed with the Bureau after payment of the required
processing fees. If the proposal is found to be sufficient
and meritorious in form and substance after evaluation, it
shall be recorded with the appropriate government agency to
give the proponent the prior right to the area covered by
such proposal: Provided, That existing mineral agreements,
financial or technical assistance agreements and other
mining rights are not impaired or prejudiced thereby. The
Secretary shall recommend its approval to the President.
Section 38
Term of Financial or Technical Assistance Agreement
A financial or technical assistance agreement shall have a

term not exceeding twenty-five (25) years to start from the
execution thereof, renewable for not more than twenty-five
(25) years under such terms and conditions as may be
provided by law.
Section 39
Option to Convert into a Mineral Agreement
107
The contractor has the option to convert the financial or

technical assistance agreement to a mineral agreement at any
time during the term of the agreement, if the economic
viability of the contract area is found to be inadequate to
justify large-scale mining operations, after proper notice
to the Secretary as provided for under the implementing
rules and regulations: Provided, That the mineral agreement
shall only be for the remaining period of the original
agreement.
In the case of a foreign contractor, it shall reduce its

equity to forty percent (40%) in the corporation,
partnership, association, or cooperative. Upon compliance
with this requirement by the contractor, the Secretary shall
approve the conversion and execute the mineral production-
sharing agreement.
Section 40
Assignment/Transfer
A financial or technical assistance agreement may be

assigned or transferred, in whole or in part, to a qualified
person subject to the prior approval of the President:
Provided, That the President shall notify Congress of every
financial or technical assistance agreement assigned or
converted in accordance with this provision within thirty
(30) days from the date of the approval thereof.
Section 41
Withdrawal from Financial or Technical Assistance Agreement
The contractor shall manifest in writing to the Secretary

his intention to withdraw from the agreement, if in his
judgment the mining project is no longer economically
feasible, even after he has exerted reasonable diligence to
remedy the cause or the situation. The Secretary may accept
the withdrawal: Provided, That the contractor has complied
or satisfied all his financial, fiscal or legal obligations.
CHAPTER VII
SMALL-SCALE MINING
Section 42
Small-scale Mining
Small-scale mining shall continue to be governed by Republic

Act No. 7076 and other pertinent laws.
108
CHAPTER VIII
QUARRY RESOURCES
Section 43
Quarry Permit
Any qualified person may apply to the provincial/city mining

regulatory board for a quarry permit on privately-owned
lands and/or public lands for building and construction
materials such as marble, basalt, andesite, conglomerate,
tuff, adobe, granite, gabbro, serpentine, inset filling
materials, clay for ceramic tiles and building bricks,
pumice, perlite and other similar materials that are
extracted by quarrying from the ground. The provincial
governor shall grant the permit after the applicant has
complied with all the requirements as prescribed by the
rules and regulations.
The maximum area which a qualified person may hold at any

one time shall be five hectares (5 has.): Provided, That in
large-scale quarry operations involving cement raw
materials, marble, granite, sand and gravel and construction
aggregates, a qualified person and the government may enter
into a mineral agreement as defined herein.
A quarry permit shall have a term of five (5) years,

renewable for like periods but not to exceed a total term of
twenty-five (25) years. No quarry permit shall be issued or
granted on any area covered by a mineral agreement or
financial or technical assistance agreement.
Section 44
Quarry Fee and Taxes
A permittee shall, during the term of his permit, pay a

quarry fee as provided for under the implementing rules and
regulations. The permittee shall also pay the excise tax as
provided by pertinent laws.
109
Section 45
Cancellation of Quarry Permit
A quarry permit may be cancelled by the provincial governor

for violations of the provisions of this Act or its
implementing rules and regulations or the terms and
conditions of said permit: Provided, That before the
cancellation of such permit, the holder thereof shall be
given the opportunity to be heard in an investigation
conducted for the purpose.
Section 46
Commercial Sand and Gravel Permit
Any qualified person may be granted a permit by the

provincial governor to extract and remove sand and gravel or
other loose or unconsolidated materials which are used in
their natural state, without undergoing processing from an
area of not more than five hectares (5 has.) and in such
quantities as may be specified in the permit.
Section 47
Industrial Sand and Gravel Permit
Any qualified person may be granted an industrial sand and

gravel permit by the Bureau for the extraction of sand and
gravel and other loose or unconsolidated materials that
necessitate the use of mechanical processing covering an
area of more than five hectares (5 has.) at any one time.
The permit shall have a term of five (5) years, renewable
for a like period but not to exceed a total term of twenty-
five (25) years.
Section 48
Exclusive Sand and Gravel Permit
Any qualified person may be granted an exclusive sand and

gravel permit by the provincial governor to quarry and
utilize sand and gravel or other loose or unconsolidated
materials from public lands for his own use, provided that
there will be no commercial disposition thereof.
A mineral agreement or a financial technical assistance

agreement contractor shall, however, have the right to
extract and remove sand and gravel and other loose
unconsolidated materials without need of a permit within the
area covered by the mining agreement for the exclusive use
110
in the mining operations: Provided, That monthly reports of

the quantity of materials extracted therefrom shall be
submitted to the mines regional office concerned: Provided,
further, That said right shall be coterminous with the
expiration of the agreement.
Holders of existing mining leases shall likewise have the

same rights as that of a contractor: Provided, That said
right shall be coterminous with the expiry dates of the
lease.
Section 49
Government Gratuitous Permit
Any government entity or instrumentality may be granted a

gratuitous permit by the provincial governor to extract sand
and gravel, quarry or loose unconsolidated materials needed
in the construction of building and/or infrastructure for
public use or other purposes over an area of not more than
two hectares (2 has.) for a period coterminous with said
construction.
Section 50
Private Gratuitous Permit
Any owner of land may be granted a private gratuitous permit

by the provincial governor.
Section 51
Guano Permit
Any qualified person may be granted a guano permit by the

provincial governor to extract and utilize loose
unconsolidated guano and other organic fertilizer materials
in any portion of a municipality where he has established
domicile. The permit shall be for specific caves and/or for
confined sites with locations verified by the Department's
field officer in accordance with existing rules and
regulations.
Section 52
Gemstone Gathering Permit
Any qualified person may be granted a non-exclusive gemstone

gathering permit by the provincial governor to gather loose
stones useful as gemstones in rivers and other locations.
111
CHAPTER IX
TRANSPORT, SALE AND PROCESSING OF MINERALS
Section 53
Ore Transport Permit
A permit specifying the origin and quantity of non-processed

mineral ores or minerals shall be required for their
transport. Transport permits shall be issued by the mines
regional director who has jurisdiction over the area where
the ores were extracted. In the case of mineral ores or
minerals being transported from the small-scale mining areas
to the custom mills or processing plants, the Provincial
Mining Regulatory Board (PMRB) concerned shall formulate
their own policies to govern such transport of ores produced
by small-scale miners. The absence of a permit shall be
considered as prima facie evidence of illegal mining and
shall be sufficient cause for the Government to confiscate
the ores or minerals being transported, the tools and
equipment utilized, and the vehicle containing the same. Ore
samples not exceeding two metric tons (2 m.t.) to be used
exclusively for assay or pilot test purposes shall be
exempted from such requirement.
Section 54
Mineral Trading Registration
No person shall engage in the trading of mineral products,

either locally or internationally, unless registered with
the Department of Trade and Industry and accredited by the
Department, with a copy of said registration submitted to
the Bureau.
Section 55
Minerals Processing Permit
No person shall engage in the processing of minerals without

first securing a minerals processing permit from the
Secretary. Minerals processing permit shall be for a period
of five (5) years renewable for like periods but not to
exceed a total term of twenty-five (25) years. In the case
of mineral ores or minerals produced by the small-scale
miners, the processing thereof as well as the licensing of
112
their custom mills, or processing plants shall continue to

be governed by the provisions of Republic Act No. 7076.
Section 56
Eligibility of Foreign-owned/-controlled Corporation
A foreign-owned/-controlled corporation may be granted a

mineral processing permit.
CHAPTER X
DEVELOPMENT OF MINING COMMUNITIES, SCIENCE AND MINING
TECHNOLOGY
Section 57
Expenditure for Community Development and Science and Mining
Technology
A contractor shall assist in the development of its mining

community, the promotion of the general welfare of its
inhabitants, and the development of science and mining
technology.
Section 58
Credited Activities
Activities that may be credited as expenditures for

development of mining communities, and science and mining
technology are the following:
a. Any activity or expenditure intended to enhance the

development of the mining and neighboring communities
of a mining operation other than those required or
provided for under existing laws, or collective
bargaining agreements, and the like; and
b. Any activity or expenditure directed towards the

development of geosciences and mining technology such
as, but not limited to, institutional and manpower
development, and basic and applied researches.
Appropriate supervision and control mechanisms shall be
prescribed in the implementing rules and regulations of
this Act.
113
Section 59
Training and Development
A contractor shall maintain an effective program of manpower

training and development throughout the term of the mineral
agreement and shall encourage and train Filipinos to
participate in all aspects of the mining operations,
including the management thereof. For highly-technical and
specialized mining operations, the contractor may, subject
to the necessary government clearances, employ qualified
foreigners.
Section 60
Use of Indigenous Goods, Services and Technologies
A contractor shall give preference to the use of local

goods, services and scientific and technical resources in
the mining operations, where the same are of equivalent
quality, and are available on equivalent terms as their
imported counterparts.
Section 61
Donations/Turn Over of Facilities
Prior to cessation of mining operations occasioned by

abandonment or withdrawal of operations, on public lands by
the contractor, the latter shall have a period of one (1)
year therefrom within which to remove his improvements;
otherwise, all the social infrastructure and facilities
shall be turned over or donated tax-free to the proper
government authorities, national or local, to ensure that
said infrastructure and facilities are continuously
maintained and utilized by the host and neighboring
communities.
Section 62
Employment of Filipinos
A contractor shall give preference to Filipino citizens in

all types of mining employment within the country insofar as
such citizens are qualified to perform the corresponding
work with reasonable efficiency and without hazard to the
safety of the operations. The contractor, however, shall not
be hindered from hiring employees of his own selection,
subject to the provisions of Commonwealth Act No. 613, as
amended, for technical and specialized work which, in his
judgment and with the approval of the Director, requires
114
highly-specialized training or long experience in

exploration, development or utilization of mineral
resources: Provided, That in no case shall each employment
exceed five (5) years or the payback period as represented
in original project study, whichever is longer: Provided,
further, That each foreigner employed as mine manager, vice-
president for operations or in an equivalent managerial
position in charge of mining, milling, quarrying or drilling
operation shall:
a. Present evidence of his qualification and work

experience; or
b. Shall pass the appropriate government licensure

examination; or
c. In special cases, may be permitted to work by the

Director for a period not exceeding one (1) year:
Provided, however, That if reciprocal privileges are
extended to Filipino nationals in the country of
domicile, the Director may grant waivers or exemptions.
CHAPTER XI
SAFETY AND ENVIRONMENTAL PROTECTION
Section 63
Mines Safety and Environmental Protection
All contractors and permittees shall strictly comply with

all the mines safety rules and regulations as may be
promulgated by the Secretary concerning the safe and
sanitary upkeep of the mining operations and achieve waste-
free and efficient mine development. Personnel of the
Department involved in the implementation of mines safety,
health and environmental rules and regulations shall be
covered under Republic Act No. 7305.
Section 64
Mine Labor
No person under sixteen (16) years of age shall be employed

in any phase of mining operations and no person under
eighteen (18) years of age shall be employed underground in
a mine.
115
Section 65
Mine Supervision
All mining and quarrying operations that employ more than

fifty (50) workers shall have at least one (1) licensed
mining engineer with at least five (5) years of experience
in mining operations, and one (1) registered foreman.
Section 66
Mine Inspection
The regional director shall have exclusive jurisdiction over

the safety inspection of all installations, surface or
underground, in mining operations at reasonable hours of the
day or night and as much as possible in a manner that will
not impede or obstruct work in progress of a contractor or
permittee.
Section 67
Power to Issue Orders
The mines regional director shall, in consultation with the

Environmental Management Bureau, forthwith or within such
time as specified in his order, require the contractor to
remedy any practice connected with mining or quarrying
operations, which is not in accordance with safety and anti-
pollution laws and regulations. In case of imminent danger
to life or property, the mines regional director may
summarily suspend the mining or quarrying operations until
the danger is removed, or appropriate measures are taken by
the contractor or permittee.
Section 68
Report of Accidents
In case of any incident or accident, causing or creating the

danger of loss of life or serious physical injuries, the
person in charge of operations shall immediately report the
same to the regional office where the operations are
situated. Failure to report the same without justifiable
reason shall be a cause for the imposition of administrative
sanctions prescribed in the rules and regulations
implementing this Act.
Section 69
Environmental Protection
116
Every contractor shall undertake an environmental protection

and enhancement program covering the period of the mineral
agreement or permit. Such environmental program shall be
incorporated in the work program which the contractor or
permittee shall submit as an accompanying document to the
application for a mineral agreement or permit. The work
program shall include not only plans relative to mining
operations but also to rehabilitation, regeneration,
revegetation and reforestation of mineralized areas, slope
stabilization of mined-out and tailings covered areas,
aquaculture, watershed development and water conservation;
and socioeconomic development.
Section 70
Environmental Impact Assessment (EIA)
Except during the exploration period of a mineral agreement

or financial or technical assistance agreement or an
exploration permit, an environmental clearance certificate
shall be required based on an environmental impact
assessment and procedures under the Philippine Environmental
Impact Assessment System including Sections 26 and 27 of the
Local Government Code of 1991 which require national
government agencies to maintain ecological balance, and
prior consultation with the local government units, non-
governmental and people's organizations and other concerned
sectors of the community: Provided, That a completed
ecological profile of the proposed mining area shall also
constitute part of the environmental impact assessment.
People's organizations and non-governmental organizations
shall be allowed and encouraged to participate in ensuring
that contractors/permittees shall observe all the
requirements of environmental protection.
Section 71
Rehabilitation
Contractors and permittees shall technically and

biologically rehabilitate the excavated, mined-out, tailings
covered and disturbed areas to the condition of
environmental safety, as may be provided in the implementing
rules and regulations of this Act. A mine rehabilitation
fund shall be created, based on the contractor's approved
work program, and shall be deposited as a trust fund in a
government depository bank and used for physical and social
rehabilitation of areas and communities affected by mining
activities and for research on the social, technical and
117
preventive aspects of rehabilitation. Failure to fulfill the

above obligation shall mean immediate suspension or closure
of the mining activities of the contractor/permittee
concerned.
CHAPTER XII
AUXILIARY MINING RIGHTS
Section 72
Timber Rights
Any provision of law to the contrary notwithstanding, a

contractor may be granted a right to cut trees or timber
within his mining area as may be necessary for his mining
operations subject to forestry laws, rules and regulations:
Provided, That if the land covered by the mining area is
already covered by existing timber concessions, the volume
of timber needed and the manner of cutting and removal
thereof shall be determined by the mines regional director,
upon consultation with the contractor, the timber
concessionaire/permittee and the Forest Management Bureau of
the Department: Provided, further, That in case of
disagreement between the contractor and the timber
concessionaire, the matter shall be submitted to the
Secretary whose decision shall be final. The contractor
shall perform reforestation work within his mining area in
accordance with forestry laws, rules and regulations.
Section 73
Water Rights
A contractor shall have water rights for mining operations

upon approval of application with the appropriate government
agency in accordance with existing water laws, rules and
regulations promulgated thereunder: Provided, That water
rights already granted or vested through long use,
recognized and acknowledged by local customs, laws, and
decisions of courts shall not thereby be impaired: Provided,
further, That the Government reserves the right to regulate
water rights and the reasonable and equitable distribution
of water supply so as to prevent the monopoly of the use
thereof.
118
Section 74
Right to Possess Explosives
A contractor/exploration permittee shall have the right to

possess and use explosives within his contract/permit area
as may be necessary for his mining operations upon approval
of application with the appropriate government agency in
accordance with existing laws, rules and regulations
promulgated thereunder: Provided, That the Government
reserves the right to regulate and control the explosive
accessories to ensure safe mining operations.
Section 75
Easement Rights
When mining areas are so situated that for purposes of more

convenient mining operations it is necessary to build,
construct or install on the mining areas or lands owned,
occupied or leased by other persons, such infrastructure as
roads, railroads, mills, waste dump sites, tailings ponds,
warehouses, staging or storage areas and port facilities,
tramways, runways, airports, electric transmission,
telephone or telegraph lines, dams and their normal flood
and catchment areas, sites for water wells, ditches, canals,
new river beds, pipelines, flumes, cuts, shafts, tunnels, or
mills, the contractor, upon payment of just compensation,
shall be entitled to enter and occupy said mining areas or
lands.
Section 76
Entry into Private Lands and Concession Areas
Subject to prior notification, holders of mining rights

shall not be prevented from entry into private lands and
concession areas by surface owners, occupants, or
concessionaires when conducting mining operations therein:
Provided, That any damage done to the property of the
surface owner, occupant, or concessionaire as a consequence
of such operations shall be properly compensated as may be
provided for in the implementing rules and regulations:
Provided, further, That to guarantee such compensation, the
person authorized to conduct mining operation shall, prior
thereto, post a bond with the regional director based on the
type of properties, the prevailing prices in and around the
area where the mining operations are to be conducted, with
surety or sureties satisfactory to the regional director.
119
CHAPTER XIII
SETTLEMENT OF CONFLICTS
Section 77
Panel of Arbitrators
There shall be a panel of arbitrators in the regional office

of the Department composed of three (3) members, two (2) of
whom must be members of the Philippine Bar in good standing
and one a licensed mining engineer or a professional in a
related field, and duly designated by the Secretary as
recommended by the Mines and Geosciences Bureau Director.
Those designated as members of the panel shall serve as such
in addition to their work in the Department without
receiving any additional compensation As much as
practicable, said members shall come from the different
bureaus of the Department in the region. The presiding
officer thereof shall be selected by the drawing of lots.
His tenure as presiding officer shall be on a yearly basis.
The members of the panel shall perform their duties and
obligations in hearing and deciding cases until their
designation is withdrawn or revoked by the Secretary. Within
thirty (30) working days, after the submission of the case
by the parties for decision, the panel shall have exclusive
and original jurisdiction to hear and decide on the
following:
a. Disputes involving rights to mining areas;
b. Disputes involving mineral agreements or permits;
c. Disputes involving surface owners, occupants and

claimholders/concessionaires; and
d. Disputes pending before the Bureau and the

Department at the date of the effectivity of this Act.
Section 78
Appellate Jurisdiction
The decision or order of the panel of arbitrators may be

appealed by the party not satisfied thereto to the Mines
Adjudication Board within fifteen (15) days from receipt
120
thereof which must decide the case within thirty (30) days
from submission thereof for decision.
Section 79
Mines Adjudication Board
The Mines Adjudication Board shall be composed of three (3)

members. The Secretary shall be the chairman with the
Director of the Mines and Geosciences Bureau and the
Undersecretary for Operations of the Department as members
thereof. The Board shall have the following powers and
functions:
a. To promulgate rules and regulations governing the

hearing and disposition of cases before it, as well as
those pertaining to its internal functions, and such
rules and regulations as may be necessary to carry out
its functions;
b. To administer oaths, summon the parties to a

controversy, issue subpoenas requiring the attendance
and testimony of witnesses or the production of such
books, papers, contracts, records, statement of
accounts, agreements, and other documents as may be
material to a just determination of the matter under
investigation, and to testify in any investigation or
hearing conducted in pursuance of this Act;
c. To conduct hearings on all matters within its

jurisdiction, proceed to hear and determine the
disputes in the absence of any party thereto who has
been summoned or served with notice to appear, conduct
its proceedings or any part thereof in public or in
private, adjourn its hearings at any time and place,
refer technical matters or accounts to an expert and to
accept his report as evidence after hearing of the
parties upon due notice, direct parties to be joined in
or excluded from the proceedings, correct, amend, or
waive any error, defect or irregularity, whether in
substance or in form, give all such directions as it
may deem necessary or expedient in the determination of
the dispute before it, and dismiss the mining dispute
as part thereof, where it is trivial or where further
proceedings by the Board are not necessary or
desirable:
121
1. To hold any person in contempt, directly or

indirectly, and impose appropriate penalties
therefor; and
2. To enjoin any or all acts involving or arising

from any case pending before it which, if not
restrained forthwith, may cause grave or
irreparable damage to any of the parties to the
case or seriously affect social and economic
stability.
In any proceeding before the Board, the rules of evidence

prevailing in courts of law or equity shall not be
controlling and it is the spirit and intention of this Act
that shall govern. The Board shall use every and all
reasonable means to ascertain the facts in each case
speedily and objectively and without regard to
technicalities of law or procedure, all in the interest of
due process. In any proceeding before the Board, the parties
may be represented by legal counsel. The findings of fact of
the Board shall be conclusive and binding on the parties and
its decision or order shall be final and executory.
A petition for review by certiorari and question of law may

be filed by the aggrieved party with the Supreme Court
within thirty (30) days from receipt of the order or
decision of the Board.
CHAPTER XIV
GOVERNMENT SHARE
Section 80
Government Share in Mineral Production Sharing Agreement
The total government share in a mineral production sharing

agreement shall be the excise tax on mineral products as
provided in Republic Act No. 7729, amending Section 151(a)
of the National Internal Revenue Code, as amended.
Section 81
Government Share in Other Mineral Agreements
122
The share of the Government in co-production and joint-

venture agreements shall be negotiated by the Government and
the contractor taking into consideration the:
a. capital investment of the project;
b. risks involved;
c. contribution of the project to the economy; and
d. other factors that will provide for a fair and

equitable sharing between the Government and the
contractor.
The Government shall also be entitled to compensations for

its other contributions which shall be agreed upon by the
parties, and shall consist, among other things, the
contractor's income tax, excise tax, special allowance,
withholding tax due from the contractor's foreign
stockholders arising from dividend or interest payments to
the said foreign stockholders, in case of a foreign
national, and all such other taxes, duties and fees as
provided for under existing laws.
The Government share in financial or technical assistance

agreement shall consist of, among other things, the
contractor's corporate income tax, excise tax, special
allowance, withholding tax due from the contractor's foreign
stockholders arising from dividend or interest payments to
the said foreign stockholder in case of a foreign national
and all such other taxes, duties and fees as provided for
under existing laws.
The collection of Government share in financial or technical

assistance agreement shall commence after the financial or
technical assistance agreement contractor has fully
recovered its pre-operating expenses, exploration, and
development expenditures, inclusive.
Section 82
Allocation of Government Share
The Government share as referred to in the preceding

sections shall be shared and allocated in accordance with
Sections 290 and 292 of Republic Act No. 7160 otherwise
known as the Local Government Code of 1991. In case the
development and utilization of mineral resources is
123
undertaken by a government-owned or -controlled corporation,

the sharing and allocation shall be in accordance with
Sections 291 and 292 of the said Code.
CHAPTER XV
TAXES AND FEES
Section 83
Income Taxes
After the lapse of the income tax holiday as provided for in

the Omnibus Investments Code, the contractor shall be liable
to pay income tax as provided in the National Internal
Revenue Code, as amended.
Section 84
Excise Tax on Mineral Products
The contractor shall be liable to pay the excise tax on

mineral products as provided for under Section 151 of the
National Internal Revenue Code: Provided, however, That with
respect to a mineral production sharing agreement, the
excise tax on mineral products shall be the government share
under said agreement.
Section 85
Mine Wastes and Tailings Fees
A semi-annual fee to be known as mine wastes and tailings

fee is hereby imposed on all operating mining companies in
accordance with the implementing rules and regulations. The
mine wastes and tailings fee shall accrue to a reserve fund
to be used exclusively for payment for damages to:
a. Lives and personal safety;
b. Lands, agricultural crops and forest products,

marine life and aquatic resources, cultural resources;
and
c. Infrastructure and the revegetation and

rehabilitation of silted farm lands and other areas
devoted to agriculture and fishing caused by mining
pollution.
124
This is in addition to the suspension or closure of the

activities of the contractor at any time and the penal
sanctions imposed upon the same.
The Secretary is authorized to increase mine wastes and

tailings fees, when public interest so requires, upon the
recommendation of the Director.
Section 86
Occupation Fees
There shall be collected from any holder of a mineral

agreement, financial or technical assistance agreement or
exploration permit on public or private lands, an annual
occupation fee in accordance with the following schedule:
a. For exploration permit - Five pesos (P5.00) per

hectare or fraction thereof per annum;
b. For mineral agreements and financial or technical

assistance agreements - Fifty pesos (P50.00) per
hectare or fraction thereof per annum; and
c. For mineral reservation - One hundred pesos

(P100.00) per hectare or fraction thereof per annum.
The Secretary is authorized to increase the occupation fees

provided herein when the public interest so requires, upon
recommendation of the Bureau Director.
Section 87
Manner of Payment of Fees
The fees shall be paid on the date the mining agreement is

registered with the appropriate office and on the same date
every year thereafter. It shall be paid to the treasurer of
the municipality or city where the onshore mining areas are
located, or to the Director in case of offshore mining
areas. For this purpose, the appropriate officer shall
submit to the treasurer of the municipality or city where
the onshore mining area is located, a complete list of all
onshore mining rights registered with his office, indicating
therein the names of the holders, area in hectares,
location, and date registered. If the fee is not paid on the
date specified, it shall be increased by twenty-five per
centum (25%).
125
Section 88
Allocation of Occupation Fees
Thirty per centum (30%) of all occupational fees collected

from holders of mining rights in onshore mining areas shall
accrue to the province and seventy per centum (70%) to the
municipality in which the onshore mining areas are located.
In a chartered city, the full amount shall accrue to the
city concerned.
Section 89
Filing Fees and Other Charges
The Secretary is authorized to charge reasonable filing fees

and other charges as he may prescribe in accordance with the
implementing rules and regulations.
CHAPTER XVI
INCENTIVES
Section 90
Incentives
The contractors in mineral agreements, and financial or

technical assistance agreements shall be entitled to the
applicable fiscal and non-fiscal incentives as provided for
under Executive Order No. 226, otherwise known as the
Omnibus Investments Code of 1987. Provided, That holders of
exploration permits may register with the Board of
Investments and be entitled to the fiscal incentives granted
under the said Code for the duration of the permits or
extensions thereof: Provided, further, That mining
activities shall always be included in the investment
priorities plan.
Section 91
Incentives for Pollution Control Devices
Pollution control devices acquired, constructed or installed

by contractors shall not be considered as improvements on
the land or building where they are placed, and shall not be
subject to real property and other taxes or assessments:
Provided, however, That payment of mine wastes and tailings
fees is not exempted.
126
Section 92
Income Tax-Carry Forward of Losses
A net operating loss without the benefit of incentives

incurred in any of the first ten (10) years of operations
may be carried over as a deduction from taxable income for
the next five (5) years immediately following the year of
such loss. The entire amount of the loss shall be carried
over to the first of the five (5) taxable years following
the loss, and any portion of such loss which exceeds the
taxable income of such first year shall be deducted in like
manner from the taxable income of the next remaining four
(4) years.
Section 93
Income Tax-Accelerated Depreciation
Fixed assets may be depreciated as follows:
a. To the extent of not more than twice as fast as the

normal rate of depreciation or depreciated at normal
rate of depreciation if the expected life is ten (10)
years or less; or
b. Depreciated over any number of years between five

(5) years and the expected life if the latter is more
than ten (10) years, and the depreciation thereon
allowed as deduction from taxable income: Provided,
That the contractor notifies the Bureau of Internal
Revenue at the beginning of the depreciation period
which depreciation rate allowed by this section will be
used.
In computing for taxable income, unless otherwise provided

in this Act, the contractor may, at his option, deduct
exploration and development expenditures accumulated at cost
as of the date of the prospecting or exploration and
development expenditures paid or incurred during the taxable
year: Provided, That the total amount deductible for
exploration and development expenditures shall not exceed
twenty-five per centum (25%) of the net income from mining
operations. The actual exploration and development
expenditures minus the twenty-five per centum (25%) net
income from mining shall be carried forward to the
succeeding years until fully deducted.
127
Net income from mining operation is defined as gross income

from operations less allowable deductions which are
necessary or related to mining operations. Allowable
deductions shall include mining, milling and marketing
expenses, depreciation of properties directly used in the
mining operations. This paragraph shall not apply to
expenditures for the acquisition or improvement of property
of a character which is subject to the allowances for
depreciation.
Section 94
Investment Guarantees
The contractor shall be entitled to the basic rights and

guarantees provided in the Constitution and such other
rights recognized by the government as enumerated hereunder:
a. Repatriation of investments. The right to repatriate

the entire proceeds of the liquidation of the foreign
investment in the currency in which the investment was
originally made and at the exchange rate prevailing at
the time of repatriation.
b. Remittance of earnings. The right to remit earnings

from the investment in the currency in which the
foreign investment was originally made and at the
exchange rate prevailing at the time of remittance.
c. Foreign loans and contracts. The right to remit at

the exchange rate prevailing at the time of remittance
such sums as may be necessary to meet the payments of
interest and principal on foreign loans and foreign
obligations arising from financial or technical
assistance contracts.
d. Freedom from expropriation. The right to be free

from expropriation by the Government of the property
represented by investments or loans, or of the property
of the enterprise except for public use or in the
interest of national welfare or defense and upon
payment of just compensation. In such cases, foreign
investors or enterprises shall have the right to remit
sums received as compensation for the expropriated
property in the currency in which the investment was
originally made and at the exchange rate prevailing at
the time of remittance.
128
e. Requisition of investment. The right to be free from

requisition of the property represented by the
investment or of the property of the enterprises except
in case of war or national emergency and only for the
duration thereof. Just compensation shall be determined
and paid either at the time or immediately after
cessation of the state of war or national emergency.
Payments received as compensation for the requisitioned
property may be remitted in the currency in which the
investments were originally made and at the exchange
rate prevailing at the time of remittance.
f. Confidentiality. Any confidential information

supplied by the contractor pursuant to this Act and its
implementing rules and regulations shall be treated as
such by the Department and the Government, and during
the term of the project to which it relates.
CHAPTER XVII
GROUND FOR CANCELLATION, REVOCATION, AND TERMINATION
Section 95
Late or Non-filing of Requirements
Failure of the permittee or contractor to comply with any of

the requirements provided in this Act or in its implementing
rules and regulations, without a valid reason, shall be
sufficient ground for the suspension of any permit or
agreement provided under this Act.
Section 96
Violation of the Terms and Conditions of Permits or
Agreements
Violation of the terms and conditions of the permits or

agreements shall be a sufficient ground for cancellation of
the same.
Section 97
Non-Payment of Taxes and Fees
Failure to pay the taxes and fees due the Government for two
(2) consecutive years shall cause the cancellation of the
exploration permit, mineral agreement, financial or
129
technical assistance agreement and other agreements and the

re-opening of the area subject thereof to new applicants.
Section 98
Suspension or Cancellation of Tar Incentives and Credits
Failure to abide by the terms and conditions of tax

incentive and credits shall cause the suspension or
cancellation of said incentives and credits.
Section 99
Falsehood or Omission of Facts in the Statement
All statements made in the exploration permit, mining

agreement and financial or technical assistance agreement
shall be considered as conditions and essential parts
thereof and any falsehood in said statements or omission of
facts therein which may alter, change or affect
substantially the facts set forth in said statements may
cause the revocation and termination of the exploration
permit, mining agreement and financial or technical
assistance agreement.
CHAPTER XVIII
ORGANIZATIONAL AND INSTITUTIONAL ARRANGEMENTS
Section 100
From Staff Bureau to Line Bureau
The Mines and Geosciences Bureau is hereby transformed into

a line bureau consistent with Section 9 of this Act:
Provided, That under the Mines and Geosciences Bureau shall
be the necessary mines regional, district and other
pertinent offices - the number and specific functions of
which shall be provided in the implementing rules and
regulations of this Act.
CHAPTER XIX
PENAL PROVISIONS
Section 101
False Statements
130
Any person who knowingly presents any false application,

declaration, or evidence to the Government or publishes or
causes to be published any prospectus or other information
containing any false statement relating to mines, mining
operations or mineral agreements, financial or technical
assistance agreements and permits shall, upon conviction, be
penalized by a fine of not exceeding Ten thousand pesos
(P10,000.00).
Section 102
Illegal Exploration
Any person undertaking exploration work without the

necessary exploration permit shall, upon conviction, be
penalized by a fine of not exceeding Fifty thousand pesos
(P50,000.00).
Section 103
Theft of Minerals
Any person extracting minerals and disposing the same

without a mining agreement, lease, permit, license, or
steals minerals or ores or the products thereof from mines
or mills or processing plants shall, upon conviction, be
imprisoned from six (6) months to six (6) years or pay a
fine from Ten thousand pesos (P10,000.00) to Twenty thousand
pesos (P20,000.00) or both, at the discretion of the
appropriate court. In addition, he shall be liable to pay
damages and compensation for the minerals removed,
extracted, and disposed of. In the case of associations,
partnerships, or corporations, the president and each of the
directors thereof shall be responsible for the acts
committed by such association, corporation, or partnership.
Section 104
Destruction of Mining Structures
Any person who willfully destroys or damages structures in

or on the mining area or on the mill sites shall, upon
conviction, be imprisoned for a period not to exceed five
(5) years and shall, in addition, pay compensation for the
damages which may have been caused thereby.
Section 105
Mines Arson
131
Any person who willfully sets fire to any mineral stockpile,

mine or workings, fittings or a mine, shall be guilty of
arson and shall be punished, upon conviction, by the
appropriate court in accordance with the provisions of the
Revised Penal Code and shall, in addition, pay compensation
for the damages caused hereby.
Section 106
Willful Damage to a Mine
Any person who willfully damages a mine, unlawfully causes

water to run into a mine, or obstructs any shaft or passage
to a mine, or renders useless, damages or destroys any
machine, appliance, apparatus, rope, chain, tackle, or any
other things used in a mine, shall be punished, upon
conviction, by the appropriate court, by imprisonment not
exceeding a period of five (5) years and shall, in addition,
pay compensation for the damages caused thereby.
Section 107
Illegal Obstruction to Permittees or Contractors
Any person who, without justifiable cause, prevents or

obstructs the holder of any permit, agreement or lease from
undertaking his mining operations shall be punished, upon
conviction by the appropriate court, by a fine not exceeding
Five thousand pesos (P5,000.00) or imprisonment not
exceeding one (1) year, or both, at the discretion of the
court.
Section 108
Violation of the Terms and Conditions of the Environmental
Compliance Certificate
Any person who willfully violates or grossly neglects to

abide by the terms and conditions of the environmental
compliance certificate issued to said person and which
causes environmental damage through pollution shall suffer
the penalty of imprisonment of six (6) months to six (6)
years or a fine of Fifty thousand pesos (P50,000.00) to Two
hundred thousand pesos (P200,000.00), or both, at the
discretion of the court.
Section 109
Illegal Obstruction to Government Officials
132
Any person who illegally prevents or obstructs the

Secretary, the Director or any of their representatives in
the performance of their duties under the provisions of this
Act and of the regulations promulgated hereunder shall be
punished upon conviction, by the appropriate court, by a
fine not exceeding Five thousand pesos (P5,000.00) or by
imprisonment not exceeding one (1) year, or both, at the
discretion of the court.
Section 110
Other Violations
Any other violation of this Act and its implementing rules

and regulations shall constitute an offense punishable with
a fine not exceeding Five thousand pesos (P5,000.00).
Section 111
Fines
The Secretary is authorized to charge fines for late or non-

submission of reports in accordance with the implementing
rules and regulations of this Act.
CHAPTER XX
TRANSITORY AND MISCELLANEOUS PROVISIONS
Section 112
Non-Impairment of Existing Mining/Quarrying Rights
All valid and existing mining lease contracts,

permits/licenses, leases pending renewal, mineral
production-sharing agreements granted under Executive Order
No. 279, at the date of effectivity of this Act, shall
remain valid, shall not be impaired, and shall be recognized
by the Government: Provided, That the provisions of Chapter
XIV on government share in mineral production-sharing
agreement and of Chapter XVI on incentives of this Act shall
immediately govern and apply to a mining lessee or
contractor unless the mining lessee or contractor indicates
his intention to the secretary, in writing, not to avail of
said provisions: Provided, further, That no renewal of
mining lease contracts shall be made after the expiration of
its term: Provided, finally, That such leases, production-
sharing agreements, financial or technical assistance
133
agreements shall comply with the applicable provisions of

this Act and its implementing rules and regulations.
Section 113
Recognition of Valid and Existing Mining Claims and
Lease/Quarry Applications
Holders of valid and existing mining claims, lease/quarry

applications shall be given preferential rights to enter
into any mode of mineral agreement with the government
within two (2) years from the promulgation of the rules and
regulations implementing this Act.
Section 114
Separability Clause
If any of the provision of this Act is held or declared to

be unconstitutional or invalid by a competent court, the
other provisions hereof shall continue to be in force as if
the provision so annulled or voided had never been
incorporated in this Act.
Section 115
Repealing and Amending Clause
All laws, executive orders, presidential decrees, rules and

regulations or parts thereof which are inconsistent with any
of the provisions of this Act are hereby repealed or amended
accordingly.
Section 116
Effectivity Clause
This Act shall take effect thirty (30) days following its
complete publication in two (2) newspapers of general
circulation in the Philippines.
Approved,
EDGARDO J. ANGARA JOSE DE VENECIA, JR.

President of the Senate Speaker of the House of
Representatives
134
This Act which is a consolidation of House Bill No. 10816

and Senate Bill No. 1639 was finally passed by the House of
Representatives and the Senate on February 20, 1995.
EDGARDO E. TUMANGAN CAMILO L. SABIO

Secretary of Senate Secretary General
House of Represenatives
Approved: MARCH 03 1995
FIDEL V. RAMOS
President of the Philippines

Edited

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Edited

Uploaded by

Copyright:

Available Formats

1

Problem and Its Setting

Mineral resources are owned by the State and the

exploration, development, utilization, and processing

thereof shall be under its full control and supervision. The

State may directly undertake such activities or it may enter

into mineral agreements with contractors.

Due to the rapid urbanization that generates growth of

construction activity to meet the modern development and

increasing number of housing and infrastructure projects has

immensely boosted the demand for rock aggregates or

colloquially known as sand and gravel aggregates in the

Quarrying has been going on for many years in the

Philippines in support of the country’s infrastructure and

overall economic development. The most important products of

this activity are rock aggregates, colloquially known as

sand and gravel. Quarrying is important, it is also a major

natural resource extractive sector that causes significant

environmental problems. These problems are now only

beginning to be understood. Unlike in mining where

operations are generally large-scale and the degradation

impacts are obvious, operations in quarrying are relatively

small-scale and the effects are less evident. Moreover, in

the minds of many people, quarrying is only a secondary

component of the entire mining industry.

In Northern Samar, gravel and sand mining is legal as

long as the company or individual is licensed to do so and

abides by existing guidelines. There seems no area in

Northern Samar where gravel and sand extraction is banned.

In a recent press release, the Northern Samar administration

through its Provincial Mining and Regulatory Board (PMRB)

has reported that it has accumulated P 150,100.00 since

January 2011 in enforcing Sangguniang Panlalawigan Ordinance

No. 26 Series of 2003 a provincial law that regulates the

extraction of Sand and Gravel in this province. It is

mentioned in the said press release that there are 7 parties

facing charges due to alleged violation of the mining

ordinance. There is no mention of which violations were

allegedly made. No mention which area in Northern Samar the

violations happened either. It is our assumption that

enforcement as mentioned in the press release is largely

license fees collection. The possible violations are, the

primary grounds for suspension of a license as listed by the

gravel and sand mining ordinance. Section 32. UNLAWFUL ACTS.

The following shall constitute an unlawful acts prohibited

under this ordinances: Any extraction, removal or sale of

Sand and Gravel and other loose or unconsolidated mineral

materials from its original sources without permit issued by

the Provincial Governor and without complying with ECC

requirements; All extraction of said materials in excess of

the allowable quantity specified in the permit; All

extraction of the above-mentioned mineral materials outside

the concession area; All person illegally preventing or

obstructing the operation of the permits without justifiable

reasons; All persons selling sand and other loose and

unconsolidated mineral materials without permit from the

Provincial Treasurer; Persons using unregistered motorboats,

sampans, and trucks in transporting those mineral materials

for commercial purposes; Any violation committed by permits

under this ordinance is sufficient ground for suspension,

revocation or cancellation of their permits by the

Provincial Governor, aside from the penalties imposed by the

court in case of conviction the license may be revoked due