NAT RES Final

First, the Mining Act of 1995 is applicable, it is expressly provided under section 19 of the said
act that old growth or virgin forests, proclaimed watershed forest reserves, mangrove forests,
national park, provincial/municipal forests, parks, greenbelts, game refuge and bird sanctuaries
as defined by law and in areas expressly prohibited under the NIPAS under Republic Act No.
7586, are areas Closed to Mining Applications.
Second, under Renewable Energy Act, it is the policy of the government to accelerate the
exploration and development of renewable energy resources through the adoption of
sustainable energy development strategies to reduce the country's dependence on fossil fuels
and minimize the country's exposure to price fluctuations in the international markets.
However, with the given size of land area, there can also negative impacts if such large size of
land, which is a forest land, will be utilized as hydropower plant.
Lastly, Under the Water Code, Article 13 provides that, No person, including government
instrumentalities or government-owned or controlled corporations, shall appropriate water
without a water right, which shall be evidenced by a document known as a water permit.
Under the same law, it is provided that any watershed or any area of land adjacent to any
surface water or overlying any ground water may declared by the DENR as protected area. DENR
must prohibit or control such activities by the owners or occupants thereof within the protected
area which may damage or cause the deterioration of the surface or ground water.
a. late or non-filing of requirements

b. Non payment of Taxes
c. Violation of terms and conditions of agreements
d. Suspension or Cancellation of Tar Incentives and Credits
e. Falsehood or Omission of Facts in the Statement
a. Mine labor
b. Mine Inspection
c. Mine Supervision
d. Environmental Impact Assessment (EIA)
e. Rehabilitation
No. Under the Fisheries Code, it is the municipal or the city government, in consultation with the
FARMC shall be responsible for the conservation, protection, utilization, management and
disposition of all fish and fishery/aquatic resources within their respective municipal waters. The
municipality or City has the power to enact appropriate ordinances for this purpose and in
accordance with the National Fisheries Policy.
a. DOE- mandated to prepare, supervise and control all plans, programs, projects and activities
of the Government relative to energy exploration, development, utilization, distribution and
conservation.
b. NPC- It is a GOCC, mandated to provide electricity to all rural areas of the Philippines. It also
undertake the development and production of electricity from nuclear, geothermal and other
sources.
c. NEA- It is responsible for development of power generation industries, including mini hydro
power plants and associated facilities.
As counsel of Farmers I will file an action against Cerlica Mining. Under Mining Acto of 1995,
Section 32, provides that mineral agreements shall have a term not exceeding twenty-five (25)
years to start from the date of execution which in the given facts, violated by Cerlica Mining
since they had exceed the term limit.
Under the same law, the proponent are required 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. They
are also required to undertake Environmental Impact assessment, in which they shall technically
rehabilitate the excavated, and mined-out disturbed areas.
Given these by violations by Cerlica Mining, they can be held liable under section 108 of the
Mining Act, which provides (in essence) that, any person who violates or neglects to abide by
the terms and conditions of the environmental compliance issued to them may suffer
corresponding penalty and imprisonment.
No. Mr. S is liable under the Fisheries Code. Section 86 of the said Act provides that, No person
shall exploit, occupy, produce, breed, culture, capture or gather fish, or engage in any fishery
activity in Philippine waters without a license, lease or permit.
Discovery such person in an area where he has no permit or registration papers for a fishing
vessel shall constitute a prima facie presumption that the person and/or vessel is engaged in
unauthorized fishing. In the given facts, there is prima facie presumption that Mr. S had engaged
in illegal fishing activity although he is not caught in the act.
I will advised them to first secure a quarry permit. Under the Mining Act, government entity or
instrumentality may extract sand and gravel, quarry or loose unconsolidated materials needed
in the construction of building and/or infrastructure for public use or other purposes provided
they first secure a quarry permit, which is called gratuitous permit.
TRUE OR FALSE
1. True
2. False
3. False
4. False
5. False
6. True
7. False
8. False
9. False
10. True
11. True
12. True
13. False
14. True
15. True
16. False
17. False
18. True
19. True
20. False

NAT RES Final

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First, the Mining Act of 1995 is applicable, it is expressly provided under section 19 of the said

a. late or non-filing of requirements

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