Introduction to Mining Laws Flashcards
hierarchy of laws in the Philippines
1987 constitution
statues / executive issuance by the president
administrative regulations
ordinances by the lgu
1987 constitution title, article, and section
National Economy and Patrimony
Article XII, Sec. 2
National Economy and Patrimony
All lands of public domains, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State.
The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State.
If an investor wishes to acquire the right to _____ or ____ natural resources, he must enter into an agreement with the State.
extract ; develop
all mineral resources are owned by the state
Regalian Doctrine
Mining Laws in the Philippines
RA 7942
DAO 2010-21
RA 7076
DAO 2022-03
RA 7942 is also known as
Philippine Mining Act of 1995
RA 7076 is also known as
People’s Small-Scale Mining Act of 1991
What is RA 7076
An act creating a people’s small scale mining program and for other purposes
What is RA 7942
An acts instituting a new system of mineral resources exploration, development, utilization, and conservation
What is DAO 2022-03
Revised implementing rules and regulations of Republic Act No. 7076 otherwise known as “Peoples Small-Scale Mining Act of 1991”
What is DAO 2010-21
Consolidated department of environment and natural resources administrative order for the implementing rules and regulations of Republic Act No. 7942, otherwise known as the “Philippine Mining Act of 1995”
Philippine Mining Act of 1995: 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 state’s responsibility to promote their rational exploration, utilization, development, and conservation through the combined efforts pf government and the private sector in order to enhance national growth in a way that effectively safeguards the environment and protect the rights of the affected communities.
RA No. 7076: Declaration of Policy
It is hereby declared of the State to promote, develop, protect and rationalize viable small-scale mining activities in order to generate more employment opportunities and provide an equitable sharing of the nation’s wealth and natural resources, giving due regard to existing rights as herein provided.
Areas Closed to Mining Applications
a. In military and other government reservations
b. near or under public or private buildings, cemeteries, archaeological and historic sites, bridges, highways, waterways, railroads, reservoirs, dams or other infrastructure projects, public or private woks including plantations or valuable crops
c. in areas covered by valid and existing mining rights
d. in areas expressly prohibited by law
e. in areas covered by small-scale miners
f. old growth or virgin forests, proclaimed watershed forest reserves, wilderness areas, mangrove forest, mossy forests, national parks, provincial/municipal forests, parks, greenbelts, game refuge, and bird sanctuaries as defined by law and areas expressly prohibited under NIPAS
g. areas which the secretary may exclude on proper assessment of their environmental impacts and implications
Aquino Minerals Policy
Executive Order No. 79, Series of 2012
What does NIPAS stand for?
National Integrated Protected Areas System
What RA and DAO is NIPAS ACT under
RA 7586
Department Administrative Order no. 25, series of 1992
Two additional areas closed to mining applications under EO No. 79
Tourism development area, as identified in the National Tourism Development Plan (NTDP)
Other critical areas, island ecosystems, and impact areas of mining as determined by the current and existing mapping technologies, that the DENR may hereafter identify pursuant to existing laws, rules, and regulations, such as, but not limited to, the NIPAS ACT
refers to all lands exclusively possessed, occupied or utilized by indigenous cultural communities by themselves or through their ancestors in accordance with their customs and traditions since time immemorial, and as me be defined and delineated by law.
Ancestral lands
No MPSA / FTAA / or EP be granted in CADC / CADT areas without the ICC’s _____
FPIC
Free, Prior, and Informed Consent
MPSA meaning
Mineral Production Sharing Agreement
FTAA meaning
Financial or Technical Assistance Agreement
EP meaning
Exploration Permit
