Module 2.

2
REPUBLIC ACT NO. 7942
OR
THE PHILIPPINE
MINING ACT OF 1995
(March 3, 1995)
“AN ACT INSTITUTING A NEW SYSTEM OF MINERAL RESOURCES
EXPLORATION, DEVELOPMENT, UTILIZATION AND CONSERVATION”
 Basic Principle
(Sec. 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.”
 Sec. 4. Ownership of Mineral Resources

 Owned and shall be under its full control and supervision by

the State.
 Exploration, development, utilization, and may directly
undertaken by the State or mineral agreements with
contractors, where the rights of the indigenous cultural
communities to their ancestral lands shall be recognized and
protected.

 Sec. 5. Mineral Reservations

 The President may establish, upon the recommendation of the

Director thru the DENR Secretary, mineral reservations when
the national interest (preservation of strategic raw materials
critical to national development, or with scientific, cultural or
ecological value.
 Maybe opened to SSMining (25% of the Mineral Reservation).
 Government is entitled to 5% share of revenue from MRs.
 Sec. 8. Authority of the Department

Department of Environment and Natural Resources (DENR)

 Primary 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.

 Authority to enter into mineral agreements on behalf of the

Government upon the recommendation of the Director of the
Mines and Geosciences Bureau.

 Promulgates rules and regulations as may be necessary to

implement the intent and provisions of the Mining Act.
 Sec. 9. Authority of the Bureau
Mines and Geosciences Bureau (MGB)

 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.

 Recommends to the DENR Secretary the granting of mineral

agreements to duly qualified persons.

 Monitors the compliance by the contractor with the terms and

conditions of the mineral agreements.
 Sec. 9. Authority of the Bureau
Mines and Geosciences Bureau (MGB)…. cont.

 May confiscate surety, performance and guaranty bonds and

deputize, when necessary, any member or unit of the
Philippine National Police, barangay, duly registered
nongovernmental organization (NGO) or any qualified person
to police all mining activities.

 Recommends the establishment of regional offices to the

Secretary.

 Sec. 14. Recording System

 A national and regional filing and recording system shall be

established and a mineral resource database system shall be
set up in the Bureau which shall include, among others, a
mineral rights management system.
 Sec. 16. Opening of Ancestral Lands for Mining Operations

 No ancestral land shall be opened for mining operations

without the prior consent of the indigenous cultural community
concerned.

Sec. 17. Royalty Payments for Indigenous Cultural Communities

 Subject to the provisions of the IPRA, there shall be an

agreement executed by and between the mining contractor
and the indigenous cultural community, prescribing the royalty
payment (at least 1% of gross output) , which shall form part of
a trust fund for the socioeconomic well-being of the
indigenous cultural community.
  Sec. 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.

(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.

(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.

d. Forest lands include the public forest, the permanent forest or forest reserves, and forest reservations.
 Sec. 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 expressly prohibited by law;
 Sec. 19. Areas Closed to Mining Applications…. Cont.

(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 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 area, mangrove forests, mossy forests,
national parks, provincial/municipal forests, parks, greenbelts,
game refuge and bird sanctuaries as defined by law and in
areas expressly prohibited under the National Integrated
Protected Area System (NIPAS) under Republic Act No. 7586,
Department Administrative Order No. 25, series of 1992 and
other laws.
 Other areas closed to mining:
 Offshore areas within 500 meters from mean low tide level and onshore areas within
200 meters from the mean low tide level along the coast.
 In case of seabed/marine aggregate quarrying, offshore areas less than 1,500
meters from the mean low tide level of land or island(s) and where the seabed
depth is less than 30 meters measured at mean sea level.
 Mining Tenement System Under Philippine Mining Act of 1995

MINING
(Exploration, Development and Utilization of Mineral Resources)

STATE PRIVATE PARTY

(thru DENR) (Qualified Person)

National Govt. Local Govt.

Working Agreement/MOA
(DENR) (Provincial/City Govt.)
w/ Qualified Person

Mining Contracts and Permits Mining Permits

Qualified Person
 Any citizen of the Philippines with capacity to
contract;
 A corporation, partnership, association or
cooperative organized or authorized for the
purpose of engaging in mining and duly
registered in accordance with law at least 60%
of the capital of which is owned by Filipino
citizens; and
 A legally organized foreign-owned corporation
for the purposes of granting an Exploration
Permit, Financial or Technical Assistance
Agreement or Mineral Processing Permit,

with the technical and financial capability to

undertake mineral resources development .
 Laws Involved In Mining Tenement Regulation

Environmental Laws Mining Act/EO79

National Integrated
Protected Area
System Act
MINING Small-Scale
Mining Laws

Indigenous Peoples Local Government

Rights Act Code
Other Laws (Clear Air/Water
Acts)
 MAJOR TYPES OF MINING TENEMENTS
TYPE OF MINING MAXIMUM ALLOWED APPLIED AREA
TERM QUALIFIED PERSON
TENEMENTS/RIGHTS (has./meriodonal blocks -mbls)

Onshore, province
Ind’l: 1,620 (20 mbls) Individuals or J-
J-entity: 16,200 (200 mbls) entity (Filipino
2 years; corporations
Onshore, entire PhP
Exploration Permit renewable to a Partnerships
Ind’l: 3,240 (40 mbls)
maximum of 8 associations
J-entity: 32,400 (400 mbls)
years
Offshore, entire PhP or foreign
Ind’l: 8,100 (100 mbls) corporations)
J-entity: 81,000 (1,000 mbls)
Onshore, province
Ind’l: 810 (10 mbls)
J-entity: 8,100 (100 mbls) Individuals or J-
entity (Filipino
Onshore, entire PhP 25 years;
Mineral Production corporations,
Ind’l: 1,620 (20 mbls) renewable for a
Sharing Agreement partnerships
J-entity: 16,200 (200 mbls) like period
associations)
Offshore, entire PhP
Ind’l: 4,050 (50 mbls)
J-entity: 40,500 (500 mbls)

Onshore, entire PhP

81,000 (1,000 mbls) 25 years;
Financial or Technical Filipino or foreign
or combination thereof renewable for a
Assistance Agreement corporations
Offshore, entire PhP like period
324,000 (4,000 mbls)
  EXPLORATION PERMIT (EP)
RIGHTS GRANTED

• The Permittee is granted the right to undertake exploration

activities, including baseline environmental information.

Period : 2 years
Renewal : Nonmetallic mineral exploration - Like period but
not to exceed a total term of 4 years.

Metallic mineral exploration - Like period but not

to exceed a total term of 6 years.

Approving Authority:
Original term – MGB Regional Director upon
clearance by MGB Director
1st Renewal – MGB Director
2nd Renewal – MGB Director
3rd Renewal – DENR Secretary
 TYPES OF MINERAL AGREEMENT
 Mineral Production Sharing Agreement (MPSA)

 Government shares in the production of the Contractor, whether in

kind or in value, as owner of the minerals.
 Contractor provides the necessary financing, technology,
management and personnel for the mining project.

 Co-Production Agreement

 Government provides inputs to the mining operations other than the

mineral resources;

 Joint Venture Agreement

Government and the Contractor organize a joint venture

company with both parties having equity shares. For its share, the
Government is entitled to a share in the gross output of the mining
project aside from its earnings in the equity of the company;
 MINERAL PRODUCTION SHARING AGREEMENT (MPSA)

RIGHTS GRANTED

• Government grants to the Contractor the exclusive right to

conduct mining operations within, but not title over, the
contract area.

• Mining operations allowed include development,

construction and utilization of mineral resources, including
the continuance of exploration works during the conduct of
development, construction and utilization activities.

Term: 25 years
Renewal: Same period not exceeding 25 years
Approving Authority: DENR Secretary
 FINANCIAL OR TECHNICAL ASSISTANCE AGREEMENT (FTAA)

RIGHTS GRANTED

• For the large-scale exploration, development and utilization of

gold, copper, nickel, chromite, lead, zinc and other minerals
except for cement raw materials, marble, granite, sand and
gravel and construction aggregates

SPECIAL FEATURES
• After the approval of the FTAA but prior to registration of the
same - An authorized capital of at least US$4,000,000.00 or its
Philippine Peso equivalent.
• Passes thru a Negotiating Panel
• Firm commitment by Contractor to place a minimum
investment of US$50Million for infrastructure and development.

Period: 25 years
Renewal: For like period

Approving Authority: President

 Timeline of Progression from Exploration to Utilization

ACTIVITY
Filing Development/
Exploration of Utilization
EP/MPSA/FTAA
DMPF under
MPSA/FTAA
Declaration
of Mining
Project
Feasibility

PERIOD
2 yrs, 1 yr. 25 yrs,
renewable up renewable for
to 6 or 8 yrs. another 25 yrs.
(or less the
exploration
period for
certain
MPSA/FTAA)
  OTHER MINING TENEMENTS ISSUED BY THE DENR

TYPES OF
RIGHTS MAX. AREA APPROVING
PERMITS/ TERM COMMODITY
GRANTED (has.) AUTHORITY
CONTRACTS

Special Extraction 1 yr.; Portion of or Metallic MGB

Mines and/or renewable entire MPSA- and/or non- Director
processing for another applied metallic subject to
Permit
of mineral/s year. area minerals clearance
while by DENR
waiting for Secretary
approval of
MPSA
application
Temporary Conduct of 1 yr.; non- Portion of or Metallic MGB
Exploration mineral renewable entire MPSA- and/or non- Director
exploration applied metallic
Permit
while area minerals
waiting for
approval of
MPSA
application
  OTHER MINING TENEMENTS ISSUED BY THE DENR … cont

TYPES OF
RIGHTS MAX. AREA APPROVING
PERMITS/ TERM COMMODITY
GRANTED (has.) AUTHORITY
CONTRACTS
Mineral Conduct of 5 yrs.; - - DENR Secretary-
Processing mineral renewable for involving project
processing like periods cost of more than
Permit
but not to PhP500Million.
exceed 25 yrs.
MGB Director-
involving project
cost from PhP 200
Million to PhP 500
Million

MGB Regional
Director – involving
project cost of less
than PhP 200
Million
  OTHER MINING TENEMENTS ISSUED BY THE DENR … cont

TYPES OF
RIGHTS MAX. AREA APPROVING
PERMITS/ TERM COMMODITY
GRANTED (has.) AUTHORITY
CONTRACTS

Industrial Sand and 5 yrs.; More than 5 MGB Regional

Sand and gravel renewable for hectares but Director
extraction with like periods not to exceed
Gravel
mechanical but not to 20 hectares.
Permit processing exceed 25 yrs.

Special Extraction of Coterminous Based on the DENR

Minerals sand and with the nature and Secretary
gravel completion of volume of
Extraction
materials for the materials
Permit government Government required for
(Under E.O. projects Project the specific
No. 200) Government
Project.
  OTHER MINING TENEMENTS ISSUED BY THE DENR … cont

TYPES OF
RIGHTS MAX. AREA APPROVING
PERMITS/ TERM COMMODITY
GRANTED (has.) AUTHORITY
CONTRACTS

Government Dredging of Coterminous 10,000 DENR

Seabed marine with the hectares on Secretary
aggregate particular DENR-
Quarry
from identified project evaluated
Permit burrow areas borrow areas
(Pursuant to for the
[Link]. 153) Government’s
reclamation
project

Special Mineral 2 yrs.; Areas DENR

Exploration exploration for renewable for identified as Secretary
marine like period. potential
Permit
aggregate in borrow areas
connection
with the
Government’s
reclamation
project.
  OTHER MINING TENEMENTS ISSUED BY THE DENR … cont

TYPES OF
RIGHTS MAX. AREA APPROVING
PERMITS/ TERM COMMODITY
GRANTED (has.) AUTHORITY
CONTRACTS

Ore Transport of As per - - MGB Regional

Transport ore from approved Director
mining volume or
Permit
contract/perm tonnage.
it area

Delivery Transport of As per MGB Regional

Receipt sand and approved Director
gravel from volume
mining
contract/
permit area.
  LGU ISSUED MINING TENEMENTS

TYPES OF PERMITS or CONTRACTS TERM MAXIMUM AREA

Quarry Permit 5 yrs.; renewable for 5 hectares and less.

like periods but not to
exceed 25 yrs.

Sand and Gravel Permits

a. Commercial Sand and Gravel 1 yr.; renewable for like 5 hectares.

Permit periods.

b. Industrial Sand and Gravel 5 yrs.; renewable for More than 5 hectares but
like periods but not to not to exceed 20 hectares.
Permit
exceed 25 yrs.

60 days and maximum

c. Exclusive Sand and Gravel 1 hectare.
of 50 cubic meters;
Permit non-renewable
  LGU ISSUED MINING TENEMENTS… cont.

TYPES OF PERMITS or CONTRACTS TERM MAXIMUM AREA

Gratuitous Permit for quarry,

sand, gravel and
loose/unconsolidated materials

a. Govt. Gratuitous Permit Coterminous with the 2 hectares in

construction period public/private lands
but not to exceed 1
yr.

60-days; non-
b. Private Gratuitous Permit Corresponding to the
renewable
entire or portion of area of
private land.
  LGU ISSUED MINING TENEMENTS… cont.

TYPES OF PERMITS or CONTRACTS TERM MAXIMUM AREA

Guano Permit

a. Gratuitous Guano Permit 1 year or upon 5 hectares

extraction of
specified volume.

For personal use

b. Commercial Guano Permit -
within a specified
period; not more
than 2,000 kg.

Gemstone Gathering Permit Duration as specified As specified in the permit

in the permit.

1 year renewable for

like periods
-
  LGU ISSUED MINING TENEMENTS… cont.

TYPES OF PERMITS or CONTRACTS TERM MAXIMUM AREA

Small-Scale Mining Outside of

Mineral Reservations

a. Small-Scale Mining Permit 2 yrs.; renewable 20 hectares.

under P.D. No. 1899 once for like period.

[Link]-Scale Mining Contract 2 yrs.; renewable 20 hectares granted over

under R.A. No. 7076 once for like period; declared People’s Small-
for cooperative only Scale Mining Areas

Pebble Picking Permit As determined -

pursuant to DENR
Administrative Order
No. 28, S. of 1992
Ore Transport Permit/Delivery For the transport of
Receipt minerals/ore/sand
and gravel
 Government Share

1. Government Share in Mineral Agreements

 4% excise tax on mineral products per Republic

Act No. 10963, the “Tax Reform for Acceleration
and Inclusion (TRAIN) Law”

 Negotiated under Co-Production and Joint

Venture Agreements.
Government Share… (cont.)
2. Basic Government Share in FTAA

a. Excise tax on minerals

b. Contractor’s income tax
c. Customs duties and fees on imported capital equipment
d. Value added tax on the purchase of imported equipment, goods and services
e. Withholding tax on interest payments on foreign loans
f. Withholding on dividends to foreign stockholders
g. Royalties due the Government on Mineral Reservations
h. Documentary stamps
i. Capital gains tax
j. Local Business tax
k. Real Property tax
l. Community tax
– Occupation fees
– All other government taxes, fees and imposts as of the effective date of the FTAA
2. Special allowance as defined in RA No. 7942
– Royalty Payments to any IP(s)/ICC(s)

a. Additional Government Share in FTAA (based on economic parameters under the

mining project)

Additional Government Share of not less than 50% of the net mining revenue (inclusive
of taxes, royalties and fees).
 Role of Local Government Unit

a. Ensure compliance with public consultation and public

participation.

a. Approve mining applications subject to laws , rules and

regulations

a. Receive share from utilization of mineral resources for

economic progress and development;

a. Facilitate the process of securing an informed decision

on the social acceptability of a mining project.

a. Participate in the monitoring of any mining activity as

member of MMT and MRFC.

a. Receive social infrastructure and community

development projects for the utilization of the host and
neighboring communities.
 Role of Local Government Unit:… (cont.)

g. Mediate between the IPs and the mining

contractor(s)/permittees.

g. Coordinate with the Department in the implementation of the

Act and these implementing rules and regulations in their
respective jurisdictions.

g. Perform such other powers and functions as may be

provided for by applicable laws, rules and regulations.

 Distribution of Government Share for LGUs:

 40% of excise tax for LGUs – sharing is 20% for

province, 45% for municipality and 35% for barangay

 Issued DBM-DOF-DILG-DENR Joint Circular to facilitate

the release of share of LGUs from excise tax of
minerals
 Grounds For Cancellation, Revocation And Termination Of Mining
Permit/Contract

a. Violation of any of the terms and conditions of the Permits or

Agreements;

b. Non-payment of taxes and fees due the Government for two (2)
consecutive years;

c. Falsehood or omission of facts in the Statement

 Small-Scale Mining

 Small-scale mining shall continue to be governed by Republic Act

No. 7076 and other pertinent laws.

 Existing guidelines insofar as they are not consistent with the

provisions of R.A. No. 7942, shall continue to govern small-scale
mining operations.

WHAT HAPPENED AFTER 1995 ?

 ANTI-MINING SENTIMENT

MINING
Current Violations & INDUSTRY Advocacy Groups
Malpractices
 Results of Anti-Mining Sentiment

 Local Governments issuing ordinances and resolutions against

mining;
 Congress considering Bills declaring mining- free provinces and
cities;
 Government increasing regulatory requirements; and
 Advocacy groups filing complaints and cases against mining
projects.

Department of Environment and Natural Resources

Republic of the Philippines
  MINING STUDY GROUP

 Created in October 2011 per

instruction of the President
 Tasked to finalize the mining
industry policies
 Composed of the DENR
Secretary, Presidential
Assistants on Climate Change
and on Environmental
Protection, and Vice-Chair of
the Climate Change
Commission

Department of Environment and Natural Resources

Republic of the Philippines
  THE MINING STUDY GROUP’S SPECIFIC TASKS:

1. Address issues and concerns in the mineral sector-

 Lack of baseline data

 Policy inconsistencies between national and local laws
 Governance and law enforcement
 Lack of total economic valuation
 Increasing government share in mining revenues
 Adverse effects of environmental degradation and
climate change
  THE MINING STUDY GROUP’S SPECIFIC TASKS…

2. Provide a clear and detailed assessment of the state of the

mining industry, its impacts, effects and potential for the future;

3. Consult with the concerned stakeholders such as the mining

industry, non-government and civil society organizations, and
environmental groups, among others; and

4. Formulate the mining industry policy by the end of the year and
present it to the President’s approval.
  EXECUTIVE ORDER NO. 79

 “Institutionalizing and implementing

reforms in the Philippine mining sector,
providing policies and guidelines to
ensure environmental protection and
responsible mining in the utilization of
mineral resources”

 Signed on 06 July 2012

 IRR issued by the DENR on October 2012

Department of Environment and Natural Resources

Republic of the Philippines
  HIGHLIGHTS OF THE MINING POLICY

 Review of the Performance of Existing Mining

Operations and Cleansing of Non-Moving
Mining Rights Holders.

 Freeze in Grant of Mineral Agreements

Pending New Legislation on Revenue
Sharing.

 Grant of Mining Rights thru Competitive

Public Bidding.

Department of Environment and Natural Resources

Republic of the Philippines
 Abandoned Tailings

highlights. . .

 Declaring Abandoned Ores and Tailings as

Assets of the State for Bidding.

 Development of Downstream Industries

for the Mineral Sector. Low-grade ore
Mining, 1% Ni

 Constituting the Cabinet-Level Mining

Industry Coordinating Council.

Department of Environment and Natural Resources

Republic of the Philippines
 Highlights. . .

 Rationalizing Small-Scale Mining Activities.

 Addressing the Conflicts between Local

Ordinances and the National Laws.

 Creating a One-Stop Shop for All Mining

Applications.

 Joining the Extractive Industries

Transparency Initiative.

Department of Environment and Natural Resources

Republic of the Philippines
 highlights. . .

 Creation of a Centralized Database for

the Mining Industry.

 Creation of an Integrated Map System

for Mining.

 Creation of an Anti-illegal Mining Task

Force.

 Use of the Programmatic Environmental

Impact Assessment in Mining.

Department of Environment and Natural Resources

Republic of the Philippines
 Additional Areas Closed to Mining:

 Prime agricultural lands, in addition to lands covered by the

Comprehensive Agrarian Reform Law of 1988, as amended,
including plantations and areas devoted to valuable crops, and
strategic agriculture and fisheries development zones and fish
refuge and sanctuaries, as determined by the Department of
Agriculture.

 Tourism development areas, as identified in the national

(Department of Tourism) and local tourism development plans.

 Other critical areas, island ecosystems, and impact areas of mining,

as determined by the Department of Environment and Natural
Resources.
 Full Enforcement of Environmental Standards:

 necessary remediation measures shall be immediately

required from the mining contractor/permitee/permit
holder/operator concerned.

 pertinent suspension order/s shall be issued and stays in effect

until the danger is removed.

 mining rights shall be granted to only those who are able to

strictly comply with the environmental management record
requirement.

 Review of the performance of existing mining operations and

cleansing of non-moving mining rights holders.

 a multi-stakeholder team shall be created, led by the DENR,

to conduct a review of the performance of existing mining
operations within six (6) months from the effectivity of the EO
and every two (2) years thereafter.
 Moratorium on the grant of mineral agreements pending new
legislation on revenue sharing schemes

 Financial or Technical Assistance Agreement (FTAA) shall be

allowed over National Government-Owned Mining Assets.

 Exploration Permits and other forms of mining permits shall

continue to be granted.

 application for Exploration Permit shall be approved or

disapproved within six (6) months from the date of its
acceptance.

 no expansion of existing contract areas shall be allowed

unless there is an imminent and/or threatened economic
disruption.
 Provides for the opening of areas for mining through
competitive public bidding.

 mining rights and mining tenements shall be granted over

areas with known and verified mineral resources and reserves,
including those owned by the Government and all expired
tenements, through competitive public bidding.

 mining contract/agreement may be renewed subject to

existing laws, rules and regulations at the time of renewal.

 Provides for the disposition of abandoned ores and valuable

metals in mine wastes and mill tailings.

 disposition thru competitive public bidding of abandoned

ores and mine wastes and/or mill tailings generated by
previous and now defunct mining operations, except those
that are involved in pending or decided cases in court.
 Provides for the establishment of Mineral Reservations.

 mineral reservations shall be declared over potential and

future mining areas with known strategic mineral reserves and
resources.

 mineral exploration, and research and development will be

intensified for the delineation of mineral resources and
reserves.

 Provides for future value-adding activities and the

development of downstream industries for the mineral sector.

 the pertinent national program and roadmap shall be

formulated, based on the Philippine Development Plan and a
National Industrialization Plan.
 Provides for the creation of the Mining Industry Coordinating
Council (MICC).

 composed of the members of the Climate Change

Adaptation and Mitigation and Economic Development
Cabinet Clusters, with the following major functions:

 ensure continuing dialogue and coordination among all

stakeholders in the industry.
 conduct and facilitate the necessary capacity and
institutional building programs for all concerned government
agencies and instrumentalities.
constitute and create a Task Force Against Illegal
Mining.
oversee the operations of Provincial/City Mining
Regulatory Boards.
conduct an assessment and review of all mining-
related laws, rules and regulations, issuances, and
agreements.
 Provides for measures to improve Small-Scale Mining activities.

 small-scale mining activities shall be allowed only for gold,

silver, and chromite and confined within the declared
People’s Small-Scale Mining Areas or Minahang Bayan.

 large-scale mining tenement holders shall not be allowed to

undertake small-scale mining operations in their contract
areas.

 hydraulicking (water jetting), compressor mining and the use

of mercury shall be strictly prohibited.
 Other features:

 Ensures consistency of local ordinances with the Constitution

and National Laws/LGU Cooperation.

 Creates a One-stop Shop for all mining applications and

procedures.

 Improves transparency in the Mining Industry by joining the

Extractive Industries Transparency Initiative.

 Creates a centralized database for the Mining Industry.

 Creates an integrated Map System for the Mining Industry.


 Adopts the Programmatic Environmental Impact Assessment.
  STATUS OF TENEMENT ISSUANCE

At present, we have the following moratoriums:

• On the grant of Mineral Agreements under EO No. 79

• On the acceptance, processing and approval of mining applications

and/or new mining projects under DMO No. 2016-01 issued on July 8, 2016
by then Sec. Lopez

 moratorium partially lifted for sand and gravel and

certain quarry resources
 Acceptance, processing and issuance of Exploration
Permit lifted

• On the use of open pit mining method per DAO No. 2017-10 dated April 27,
2017 in re: Banning the Open Pit Method of Mining for Copper, Gold, Silver
and Complex Ores in the Country
  EXECUTIVE ORDER NO. 130

 “Amending Section 4 of Executive Order

No. 79, S. 2012”

 Signed on 14 April 2021

Lifting of the Moratorium on Mineral

Agreements

Formulation and Strict Implementation

of Mines Safety and Environmental
Polices
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