Introduction ***3rd slide***

st
***1 slide***
This law became a subject of controversy and
The Mining legislation
eventually was challenged before the Supreme Court
There are three laws governing mining in the for being unconstitutional. The Supreme Court in the
Philippines: case of La Bugal-BLaan Tribal Association Inc. vs.
a. Republic Act No. 7042, otherwise known as the Ramos 4 finally resolved the issue on the legality of the
Philippine Mining Act of 1995 (the Mining Act) and Mining Act including those relating to financial and
its Implementing Rules and Regulations embodied in technical agreements ruling that:
Department of Environment and Natural Resources
All mineral resources are owned by the State. Their
(DENR) Administrative Order (AO) No. 2010-21
(the Mining Act IRR); exploration, development and utilization (EDU) must
always be subject to the full control and supervision of
b. Republic Act No. 7076 or the Peoples Small-Scale
the State. More specifically, given the inadequacy of
Mining Act of 1991 (the Small-Scale Mining Act);12
and Filipino capital and technology in large-scale EDU
activities, the State may secure the help of foreign
c. Executive Order No. 79 entitled Institutionalising
companies in all relevant matters especially
and Implementing Reforms in the Philippine Mining
Sector, Providing Policies and Guidelines to Ensure financial and technical assistance provided that, at
Environmental Protection and Responsible Mining in all times, the State maintains its right of full
the Utilization of Mineral Resources (the Mining control. The foreign assistor or contractor assumes all
Policy) and its Implementing Rules and Regulations financial, technical and entrepreneurial risks in the
embodied in DENR Administrative Order No. 2012-
EDU activities; hence, it may be given reasonable
07 (the Mining Policy IRR)
management, operational, marketing, audit and other
The Mining Act is the main mining legislation in the prerogatives to protect its investments and to enable
Philippines and governs large-scale exploration,
the business to succeed.
development and utilisation of mineral resources; the
Small-Scale Mining Act, as its title suggests, regulates When the Supreme Court upheld the Constitutionality
small-scale mining and limits the same to Filipino of the Mining Act, this resulted in faster growth in
citizens. The Mining Policy is an executive fiat mineral exports, percentage share to total exports,
recently enacted on 6 July 2012. It makes several
employment in the mining sector and in the total paid-
innovations on the Mining Act, specifically in the
following areas: expansion of areas closed to mining up investments in mining.
applications, establishment of mineral reservations,
competitive public bidding for areas open to mining, ***4th slide***
and compliance with the social acceptability
requirement of the communities affected. It also calls HISTORY OF MINING LAWS IN THE
for the strict implementation of the provisions of the PHILIPPINES
Small-Scale Mining Act and prohibits the use of
The 1987 Constitution is the supreme law governing
mercury in small-scale mining activities.
the Philippine mining industry. Article XII on
*** 2nd slide*** National Economy and Patrimony provides:
Section 2. All lands of the public domain, waters,
During the 1980s and early 1990s, there was, however,
minerals, coal, petroleum, and other mineral oils, all
a decline in the state of the mining sector that led to
forces of potential energy, fisheries, forests or timber,
the enactment in 1995 of Republic Act No. 7942,
wildlife, flora and fauna, and other natural resources
otherwise known as the Philippine Mining Act
are owned by the State. With the exception of
(Mining Act), as a means to boost the industry.
agricultural lands, all other natural resources shall not
be alienated. The exploration, development, and environmental management committed to reducing the
impacts of mining while efficiently and effectively
utilization of natural resources shall be under the full
protecting the environment. The wealth created as a
control and supervision of the State. result of mining accruing to the Government and the
community should lead to other wealth-generating
The Philippines follows the Regalian Doctrine. Under opportunities for people in the communities and for
Section 2, Article XII of the 1987 Constitution, all other environment-responsible endeavors. Mining
natural resources, including minerals, are owned by activities shall be undertaken with due and equal
the state. The state may however, enter into regard for economic and environmental
agreements such as MPSAs, FTAAs, CPAs and JVAs considerations, as well as for health, safety, social and
for the exploration, development and utilisation of cultural concerns. Conservation of minerals is
natural resources. Title to minerals cannot be effected not only through technological efficiencies of
transferred to private parties, specifically the permit mining operations but also through the recycling of
holders and mineral agreement grantees. The permits mineral-based products, to effectively lengthen the
and agreements contain a stipulation that the grant usable life of mineral commodities. The granting of
thereof does not bestow beneficial ownership of the mining rights shall harmonize existing activities,
minerals to the holder or grantee.17 Also, pursuant to policies and programs of the Government that directly
the Regalian Doctrine, the state owns all mineral lands or indirectly promote self-reliance, development and
that are considered inalienable.18 Thus, a private resource management. Activities, policies and
individual or entity, whether a Filipino citizen or programs that promote community-based,
otherwise, cannot own mineral lands. Patented titles to community-oriented and procedural development
mineral lands perfected under the Philippine Bill of shall be encouraged, consistent with the principles of
1902 shall, however, continue to be owned by the people empowerment and grassroots development.
grantees thereof. ***7th slide***
***5th slide*** Just read
Just read ***8th slide**
***6th slide** Regulatory body
Governing principle The MGB under the DENR is the agency tasked with
GOVERNING PRINCIPLES The Implementing implementing the Mining Act and its IRR. It accepts,
Rules and Regulations (DENR Administrative Order evaluates, reviews and recommends to the DENR
No.96-40) of the Philippine Mining Act of 1995 Secretary the approval of applications for exploration
provides strict adherence to the principle of permits and mineral agreements. The environmental
SUSTAINABLE DEVELOPMENT. This strategy laws and standards are implemented by the EMB.
mandates that the needs of the present should be met The Mining Policy also created a Mining Industry
without compromising the ability of the future Coordinating Council (the MICC), which is an
generations to meet their own needs, with the view of interagency body15 tasked, inter alia, with
improving the quality of life, both now and in the implementing the Mining Policy and conducting an
future. Sustainable development provides that the use assessment and review of all mining-related laws,
of mineral wealth shall be pro-people and pro- rules and regulations, issuances and agreements, so as
environment in sustaining wealth creation and to be able to make recommendations to improve the
improve quality of life. The principles of allocation of revenues and risk between the
SUSTAINABLE MINING operates under the government and the mining sector.
following terms: Mining is a temporary land use for
the creation of wealth, leading to an optimum land use ***8th-10th slide***
in post-mining stage as consequence of progressive
and engineered mine rehabilitation works done in Just read
cycle with mining operations; Mining activities must
always be guided by current Best Practices in
***11th -14th slide*** ***15th 20th slide***

The NO- GO ZONES