MINING AND

ENVIRONMENTAL
LAWS AND ETHICS
EM5-1
I. EVOLUTION OF MINING LAWS
IN THE PHILIPPINES
I.1 SPANISH OCCUPATION IN
PHILIPPINES (1521-1898)
 Can be traced back as early as 400 BC to 250
BC
 The early Spanish conquerors and pioneers
who arrived in the Philippines in the 1500s
observed alluvial mining
 During the 16th century, an important
directive of the Spanish king to the
conquistadors was to identify and consider
the colonies’ resources which are potentially
useful to the Crown
I.1.2 THE KING OF SPAIN’S
DIRECTIVE
 The leaders of exploratory teams in the
Philippines recorded in detail the products
and resources of localities they visited.
 They produced a mineral map of the
archipelago incorporating the unsolicited
observations of travelers.
I.2 THE SPANISH REGULATION
 The Spanish colonial government legislated
the institutional regulation of the mining
industry.
 By virtue of conquest, the entire archipelago
of the Philippines was assumed to be owned
by the Spanish King
 hinges on the principle of eminent domain
which accords the Crown the right to develop
mines on its own initiative or through private
concessions.
I.2 THE SPANISH REGULATION
 Royal Decree of 1837
 The first recognized Philipine Mining Law  that
allowed the opening of local mineral resources to
exploration
 Inspeccion General de Minas was created
 Lepanto copper and gold mine opened in 1864
I.3 UNDER THE AMERICAN
OCCUPATION (1898-1946)
 Spain handed over the Philippines to the
United States under the Treaty of Paris on 10
December 1898 which took effect on
November 7, 1900
 Mining had been a major interest of the
American economic survey teams
 A series of land statutes were enacted that
ensured central government control over all
lands
I.3 UNDER THE AMERICAN
OCCUPATION
Some of the Land Laws created by Americans
 Land Registration Act No. 496 of 1902
 which required the acquisition of a ‘Torrens Title’
 Public Land Act of 1905
 whichdeclared all previously unregistered lands
as public lands under the administration of the
state
 Mining Law of 1905
 which granted Americans the right to acquire
public land for mining pursuits
I.3 UNDER THE AMERICAN
OCCUPATION
 American administration created a mining
bureau to handle the mineral exploration of
the colony
 Philippine Bill of 1902, the second Philippine
Mining Law was passed by the Schurmann
Commission to legitimize the bureau
 In 1903, Benguet Consolidated Mining
Company, the first American mine firm in the
country, was founded by Metcalfe Clarke and
Nelson Peterson and Henry C. Clyde
I.3 UNDER THE AMERICAN
OCCUPATION
 Seventeen other gold mineral explorations
followed suit in Baguio that by the early
thirties, there was already a mining boom in
the country.
 In 1905, the Mining Bureau became the Division
of Geology and Mines.
 In 1933, the Mineral Lands Division of the
Bureau of Lands was merged with the Division
of Geology and Mines under the Bureau of
Science to form a division known as the Division
of Mineral Resources under the Department of
Agriculture and Commerce
I.3 UNDER THE AMERICAN
OCCUPATION
 Functions of Division of Mineral Resources
1. provisions of the Act of US Congress 1902
pertaining to mineral lands, and the
governance of the leasing and development
of coal lands
2. provisions of Act No. 3077, as amended by
Act No. 3852, governing the exploration,
location and lease of petroleum
3. Act No. 2719 governing mineral oils and gas
I.3 UNDER THE AMERICAN
OCCUPATION
 In 1934, the same division was again placed
under the direct supervision and control of
the Bureau of Science. It was renamed
Division of Mines.
 Commonwealth Act No. 137 “Mining Act of
1936” was enacted in 1936, same year the
Bureau of Mines was created through CA No.
136
 52 companies were engaged in gold
exploration before World War II
I.4 DURING WORLD WAR II
(1939-1945)
 When the Second World War came, the
Bureau of Mines was reconstituted under the
Department of Agriculture and Commerce in
1942
I.5 UNDER THE JAPANESE
OCCUPATION (1942-1945)
 In 1944, the Bureau of Mines shrunk again
into a Division of the Department of
Agriculture and Natural Resources
 The Japanese also exploited the nation's
iron, copper, chromite, and manganese ores
for their military campaigns
I.6 AFTER WORLD WAR II
 Filipino leaders signed the Laurel-Langley
Agreement, together with the Parity Rights
Amendment supposedly to rehabilitate the
nation, in a manner that would benefit both
the U.S. and the Philippines.
 Atlas, Sipalay, and Philex were established
and became the major sources of Copper and
Gold in the late 1950s.
I.7 CREATION OF MINES AND
GEOSCIENCES BUREAU
 Bureau of Mines was restored in 1945 when the
Philippine Commonwealth was re-established
on February 27 of the same year.
 In 1974, the Bureau of Mines was transferred to
the Department of Natural Resources pursuant
to Presidential Decree No. 461.
 June 6, 1978, PD No. 1281 was promulgated
revising Commonwealth Act No. 136 boosting
the Bureau of Mines with additional tasks as
well as authority to make it more responsive to
the objectives of the government for its
minerals sector.
I.7 CREATION OF MINES AND
GEOSCIENCES BUREAU
 Renaming of Bureau of Mines as Bureau of
Mines and Geosciences further making it
more responsive to its varied functions in
1979
 MGB became one of the staff bureaus of
DENR in 1987
I.8 MINING POLICY UNDER
MARCOS ADMINISTRATION
 In 1971, Republic Act 6364 “Gold Subsidy
Law” was enacted to provide relief to gold
producers.
 Central Bank was required to purchase newly
mined gold from mining companies at a
designated price
 All gold producers received a subsidy of sixty
pesos per ounce of production
 plus seventy per cent of the positive difference
between the cost of production per ounce of
gold and the official price
I.8.1 THE MINERAL DEVELOPMENT
ACT OF 1974, OR PD NO. 463
 The law was issued, amending
Commonwealth Act No. 137 to provide
among others for a modernized system of
administration and disposition of mineral
lands and to promote and encourage the
development and exploration of the mining
industry. PD No. 463 was later revised by PD
Nos.1385 and 1677.
I.8.1 THE MINERAL DEVELOPMENT
ACT OF 1974, OR PD NO. 463
 Mining companies were exempt from paying
customs duties and all taxes for machineries,
equipment, tools for production, and plants
imported for the use of new mines and old mines.
 All mining claims, improvements and mineral
products derived from these claims were not liable
for the payment of all taxes
 Granted mining companies timber, water and
easement rights on mining claims they own, occupy
or lease
 Penalties for pollution from mine wastes and mill
tailings with a maximum fine of PhP5,000 or six-
year imprisonment or both
I.8 MINING POLICY UNDER MARCOS
ADMINISTRATION CONTINUED
 In 1977, Marcos issued two decrees that
should have supplemented PD 463.
 PD 1198, provided that mining corporations
‘shall, to the fullest extent possible, restore,
rehabilitate, and return the lands, rivers, and
natural environment subject thereof or affected
thereby to their original conditions as of before
such operations or activities
 PD 1251, imposed fines of PhP0.05 and PhP0.10
per metric ton of mine waste and mill tailings
respectively
I.9 MINING POLICIES UNDER THE
SUBSEQUENT ADMINISTRATIONS
 In 1987, President Corazon Aquino issued
Executive Order 279, the law which fully
authorized the Secretary of the DENR
(Department of Environment and Natural
Resources) to negotiate and conclude
leasehold agreements with existing and
expected proposals from interested parties,
including foreign-owned corporations.
I.9 MINING POLICIES UNDER THE
SUBSEQUENT ADMINISTRATIONS
 In 1994, Republic Act 7729, otherwise known
as the Excise Tax Act was enacted reducing
the excise tax rates on metallic and non-
metallic minerals.
 On March 3, 1995, Republic Act 7942, known
as the Philippine Mining Act of 1995, was
approved.
REFERENCES
 March, MC. (2011) The trail of a mining law:
‘resource nationalism’ in the Philippines
 http://mgb.gov.ph/transparency/about-
us/brief-history
 http://ezinearticles.com/?A-History-of-
Mining-in-the-Philippines&id=7449881
II. PHILIPPINE MINING ACT OF
1995
 Declaration Policy
 Allmineral resources in public and private lands
within the territory and exclusive economic zone
of the Republic of the Philippines are owned by
the State.
II.1. DEFINITION OF TERMS
 Ancestral lands
 Block" or "meridional block
 Bureau
 Carrying capacity
 Contiguous zone
 Contract area
 Contractor
 Co-production agreement (CA)
 Department
 Development
II.1. DEFINITION OF TERMS
 Director
 Ecological profile or eco-profile
 Environmental Compliance Certificate (ECC)
 Environmental Impact Statement (EIS)
 Exclusive economic zone
 Existing mining/quarrying right
 Exploration
 Financial or technical assistance agreement
 Force majeure
 Foreign-owned corporation
II.1. DEFINITION OF TERMS
 Government
 Gross output
 Indigenous cultural community
 Joint Venture Agreement (JVA)
 Mineral processing
 Mine wastes and tailings
 Minerals
 Mineral agreement
 Mineral land
 Mineral resource
II.1. DEFINITION OF TERMS
 Mining area
 Mining operation
 Nongovernmental Organization (NGO)
 Net assets
 Offshore
 Onshore
 Ore
 Permittee
 Pollution control and infrastructure devices
 President
II.1. DEFINITION OF TERMS
 Private land
 Public land
 Qualified person
 Quarrying
 Quarry permit
 Quarry resources
 Region director
 Regional office
 Secretary
 Special allowance
 State
 Utilization
II.2. WHO OWNS THE 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.
II.3 SECTION 5 OF RA 7942.
 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.
 Small scale mining agreement for a maximum
aggregate area of twenty-five percent (25%) of
such mineral reservation
 Refer to DMO 2007-06 for Guidelines for the
Establishment of Mineral Reservations
II.4. WHO MAKES THE PERIODIC REVIEW
OF THE 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,
II.5. WHAT PRIMARY GOVERNMENT AGENCY IS
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 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.
II.6 WHO HAVE THE AUTHORITY TO ENTER INTO MINERAL
AGREEMENTS ON BEHALF OF THE GOVERNMENT?
 The Secretary shall have the authority to enter into
mineral agreements on behalf of the Government
upon the recommendation of the Director,
II.7. WHO 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 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.
II.8. HOW MANY REGIONAL OFFICES SHOULD BE
ESTABLISHED IN THE COUNTRY ACCORDING TO THE ACT?
 There shall be as many regional offices in the
country as may be established by the Secretary,
upon the recommendation of the Director.
II.9.WHAT IS THE ROLE OF THE DEPUTIZED GEODETIC
ENGINEER IN FILING MINERAL AGREEMENTS?
 A deputized Geodetic Engineer should prepare the
sketch plan or map of the contract or mining area
suitable for publication purposes shall be required
during the filing of a mineral agreement or financial
or technical assistance agreement application.
II.10. WHAT IS MERIDIONAL
BLOCK
 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.
II.11. WHAT DOES THE ACT’S MANDATE ON THE
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.
II.12. WHO RESOLVES THE CONFLICT ON MINERAL
AGREEMENTS WITH EXISTING RIGHTS OR
RESERVATIONS?
 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.
II.13. ENUMERATE THE AREAS CLOSED TO MINING
APPLICATIONS ACCORDING TO THE ACT.
 In military and other government reservations,
 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;
 In areas covered by valid and existing mining rights;
 In areas expressedly prohibited by law;
 In areas covered by small-scale miners as defined by law;
 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
II.14. WHAT IS AN
EXPLORATION PERMIT?
 grants the right to conduct exploration for all
minerals in specified areas
 Bureau shall have the authority to grant an
exploration permit to a qualified person
 period of two (2) years, subject to annual
review and relinquishment or renewal upon
the recommendation of the Director
 II.14. WHAT IS AN
EXPLORATION PERMIT?
 Maximum Areas for Exploration Permit
Maximum Area in blocks
Onshore
Type
In any one Entire Philippines 500 m from Mean
Province Low Tide Level

Individual 20 40 100

Partnership,
Corporations,
Cooperatives, or 200 400 1000
Associations
II.14. WHAT IS AN
EXPLORATION PERMIT?
 The permittee shall undertake an exploration
work on the area specified by its permit based
on an approved work program.
 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 (DMPF)
 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.
II.15. MINERAL AGREEMENTS
 Modes
 Mineral Production Sharing Agreement (MPSA)
 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
 Co-production Agreement (CA)
 an agreement between the Government and the
contractor wherein the Government shall provide inputs
to the mining operations other than the mineral resource
 Joint Venture Agreement (JVA)
 an agreement where a joint-venture company is
organized by the Government and the contractor with
both parties having equity shares
 II.15. MINERAL AGREEMENTS
Mineral Agreements Maximum Area in blocks
Type Onshore Offshore
In any one Entire Entire
Province Philippines Philippines
Individual 10 20 100
Partnership,
Corporations,
Cooperatives, 100 200 1000
or
Associations
II.15. 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 proposed mineral agreement will be approved by
the Secretary and copies thereof shall be submitted to
the President
 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
 Term shall not exceed twenty-five (25) and renewable
for another term not exceeding twenty-five (25) years
under the same terms
II.16. FINANCIAL OR TECHNICAL
ASSISTANCE AGREEMENT
 Agreement for large-scale exploration, development, and
utilization of mineral resources in the Philippines
 Maximum Contract Area:
 1,000 meridional blocks onshore
 4,000 meridional blocks offshore
 Combination of the above provided that it shall not exceed the
maximum limits for onshore and offshore areas
 A financial or technical assistance agreement shall be
negotiated by the Department and executed and approved
by the President.
 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
 Allows up to 100% Foreign Ownership
II.17. QUARRY RESOURCES
 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
filing materials, clay for ceramic tiles and building
bricks, pumice, perlite and other similar materials
that are extracted by quarrying from the ground.
 To be granted by the Provincial Governor
 Maximum area which a qualified person may hold
at any one time shall be five hectares (5 has.)
II.17. QUARRY RESOURCES
 in large-scale quarry operations involving
cement raw materials, marble, granite, sand
and gravel and construction agreements, a
qualified person and the government may
enter into a mineral agreement
 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
II.17. QUARRY RESOURCES
 Commercial Sand and Gravel Permit
 Permit granted 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.
 Industrial Sand and Gravel Permit
 Permit granted 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.
 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.
II.17. QUARRY RESOURCES
 Exclusive Sand and Gravel Permit
 Permit granted 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
 Government Gratuitous Permit
 Permit granted by the Provincial Governor to any
government entity 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.
II.17. QUARRY RESOURCES
 Private Gratuitous Permit
 Anyowner of land may be granted a private
gratuitous permit by the provincial governor
 Guano Permit
 Permit granted by the Provincial to extract and
utilize loose unconsolidated guano and other
organic fertilizer materials in any portion of a
municipality where he has established domicile
 Gemstone Gathering Permit
 Permitgranted by the Provincial to gather loose
stones useful as gemstones in rivers and other
locations
II.18. TRANSPORT, SALE AND
PROCESSING OF MINERALS
 A permit specifying the origin and quantity of
transported non-processed mineral ores or minerals
 issued by the mines regional director who has
jurisdiction over the area where the ores were
extracted
 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
 No person shall engage in the processing of minerals
without first securing a Minerals Processing Permit from
the Secretary
II.19. SAFETY AND
ENVIRONMENTAL PROTECTION
 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
 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
II.20. SAFETY AND
ENVIRONMENTAL PROTECTION
 Environmental Impact Assessment (EIA)
 anEnvironmental Clearance Certificate shall be
required based on an environmental impact
assessment and procedures
 Rehabilitation
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 preventive aspects of rehabilitation
II.21. AUXILIARY MINING
RIGHTS
 Timber Rights
 Water Rights
 Right to Possess Explosives
 Easement Rights
 Entry into Private Lands and Concession
Areas
II.22. SETTLEMENT OF
CONFLICTS
 Panel of Arbitrators
3 members per regional office of the Department
duly designated by the Secretary as
recommended by the Mines and Geosciences
Bureau Director
 2 members of the Philippine Bar in good standing
 1 licensed mining engineer or a professional in a
related field
 Mines Adjudication Board
 Chairman – Secretary
 Members – MGB Director, Undersecretary for
Operations of the Department
III. EXECUTIVE ORDER 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
 Done on July 6, 2012
III.1. AREAS CLOSED TO MINING
APPLICATIONS
 Areas expressly enumerated under Section 19 of RA
No. 7942
 Protected areas categorized and established under
the National Integrated Protected Areas System
(NIPAS) under RA No. 7586
 Prime agricultural lands, in addition to lands
covered by RA No. 6657, or the Comprehensive
Agrarian Reform Law of 1988
 Tourism development areas, as identified in the
National Tourism Development Plan (NTDP)
 Other critical areas, island ecosystems, and impact
areas of mining as determined by current and
existing mapping technologies
III.2. FULL ENFORCEMENT OF
ENVIRONMENTAL STANDARDS IN MINING
 The Government in general, and the
Department of Environmental and Natural
Resources (DENR) in particular, in
coordination with concerned LGUs, shall
ensure that environmental standards in
mining
III.3. REVIEW OF THE PERFORMANCE OF EXISTING
MINING OPERATIONS AND CLEANSING OF NON-
MOVING MINING RIGHTS HOLDERS
 a multi-stakeholder team led by the DENR
shall conduct a review of the performance of
existing mining operations
 To ensure compliance with environmental
standards, laws, rules and regulations, and
to rationalize the management and
utilization of minerals toward sustainable
development
III.4. ESTABLISHMENT OF MINERAL
RESERVATIONS
 Potential and future mining areas with known
strategic mineral reserves and resources shall
be declared as Mineral Reservations for the
development of strategic industries identified
in the Philippine Development Plan and a
National Industrialization Plan, pursuant to
the pertinent provisions of RA No. 7942, after
proper consultation with all concerned
stakeholders such as, but not limited to,
residents of affected communities, LGUs, the
business sector, and non-government and civil
society organizations.
III.5. OPENING OF AREAS FOR MINING THROUGH
COMPETITIVE PUBLIC BIDDING
 The grant of mining rights and mining
tenements over areas with known and
verified mineral resources and reserves,
including those owned by the Government
and all expired tenements, shall be
undertaken through competitive public
bidding.
III.6 DISPOSITION OF ABANDONED ORES AND
VALUABLE METALS IN MINE WASTES AND MILL
TAILINGS
 All valuable metals in abandoned ores and
mine wastes and/or mill tailings generated
by previous and now defunct mining
operations belong to the State and shall be
developed and utilized through competitive
public bidding in accordance with the
pertinent provisions of law.
III.7 MINING INDUSTRY
COORDINATING COUNCIL (MICC)
 The Climate Change Adaptation and
Mitigation and Economic Development
Cabinet Clusters, shall constitute themselves
into an interagency forum to be known as the
Mining Industry Coordinating Council (MICC)
 Composition
 Chair – Chairpersons of the 2 clusters
 Members – Secretary (DOJ), Chairperson (NCIP),
President (Union of Local Authorities of the Phil.)
III.7 MINING INDUSTRY
COORDINATING COUNCIL (MICC)
 Functions:
 Submit a work plan within sixty (60) days from the
effectivity of this Order for the implementation of
this Order and other reforms related to the mining
industry
 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;
 Conduct an assessment and review of all mining-
related laws, rules and regulations, issuances, and
agreements
III.7 MINING INDUSTRY
COORDINATING COUNCIL (MICC)
 Functions:
 Constitute and create a Task Force Against Illegal
Mining and seek the assistance of all law
enforcement agencies
 Serve as the Oversight Committee over the
operations of Provincial/City Mining Regulatory
Boards (P/CMRBs)
 Request the assistance of any government agency
or instrumentality, including government-owned
and controlled corporations and local
government units (LGUs), in the implementation
of this Order
III.7 MINING INDUSTRY
COORDINATING COUNCIL (MICC)
 Functions:
 Submit periodic reports to the President on the
status of the implementation of this Order
 Perform such other functions and acts as may be
necessary, proper or incidental to the
attainment of its mandates and objectives, or as
may be directed by the President
III.8 MEASURES TO IMPROVE
SMALL-SCALE MINING ACTIVITIES
 To improve and address issues on small-scale
mining, the following measures shall be
undertaken:
 Small-scale mining activities shall comply with
RA NO. 7076, or the People’s Small-Scale Mining
Act of 1991, and the Environmental Impact
Statement System requirements under
Presidential Decree (PD) No. 1586
 Pursuant to RA No. 7076, small-scale mining
operations shall be undertaken only within the
declared People’s Small-Scale Mining Areas or
Minahang Bayan
III.8 MEASURES TO IMPROVE
SMALL-SCALE MINING ACTIVITIES
 Cont…
 P/CMRBs in provinces and cities where they have
not been constituted shall be operationalized within
three (3) months from the effectivity of this Order
 Small-scale mining shall not be applicable for
metallic minerals except gold, silver, and chromite
 The use of mercury in small-scale mining shall be
strictly prohibited
 Training and capacity building measures in the form
of technical assistance for small-scale mining
cooperatives and associations shall be conducted by
the concerned government agencies
III.9 CREATING A ONE-STOP SHOP FOR ALL
MINING APPLICATIONS AND PROCEDURES
 The DENR is hereby directed to establish an
inter-agency one-stop shop for all mining
related applications and processes
 The DENR shall issue authority to verify
mineral deposits only for areas open to
mining
III.10 JOINING THE EXTRACTIVE
INDUSTRIES TRANSPARENCY INITIATIVE
 In order to improve transparency,
accountability, and governance in the sector,
the government shall support and commit
participation in the Extractive Industries
Transparency Initiative (EITI)
III.11 CREATION OF A CENTRALIZED
DATABASE FOR THE MINING INDUSTRY
 Creation of a centralized database of all
mining-related information
 include all available data on the industry
from all government agencies and
instrumentalities
 publicly accessible, transparent, complete,
and comprehensive
III.12 INTEGRATED MAP SYSTEM TO
INCLUDE MINING RELATED MAPS
 Current and existing efforts to create an
integrated map system for the common and
uniform use of all government agencies and
instrumentalities shall include all mining-
related maps, such as, but not limited, to
mining tenement maps, geo-hazard and
multi-hazard maps, ancestral lands and
domains, and protected areas under the
NIPAS, among others
IV. MINING ENGINEERING LAW
OF THE PHILIPPINES (RA 4274)
 AN ACT TO REGULATE THE PRACTICE OF
MINING ENGINEERING, TO PROVIDE FOR
LICENSING AND REGISTRATION OF PERSONNEL
OF ______ ____ ________, AND FOR OTHER
PURPOSES
IV.1. CREATION OF BOARD OF
EXAMINERS FOR EM
 created the _______ __ ___________for
Mining Engineers to be composed of three
registered mining engineers, all to be
appointed by the President of the Philippines
IV.2. POWERS VESTED ON
BOARD OF EXAMINERS FOR EM
 to administer oaths
 to issue, suspend and/or revoke certificates
of registration for the practice of mining
engineering
 to investigate violations of this Act
 issue subpoena for attendance of witnesses
 Issue ________ ______ _______for
production of documents
IV.3. QUALIFICATIONS OF
BOARD MEMBERS
 Be a citizen of the Philippines
 Be a holder of the degree of Engineer of Mines,
E.M .; Bachelor of Science in Mining Engineering,
B.S.E.M., conferred by any engineering school or
college, legally chartered and of good standing
 Be ________ and legally qualified to practice
mining engineering in the Philippines
 Has been engaged in the actual practice of
mining engineering, metallurgical engineering
and/or geology for at least ____ ________, five
of which must be in the field of mining
engineering
IV.3. QUALIFICATIONS OF
BOARD MEMBERS
 Not to be member of the faculty of any
school, college or university, where a regular
course in mining engineering, geology and/or
metallurgy is taught, nor have a pecuniary
interest in such institution
 Recommended by the corresponding bona
fide professional _______ __________society
IV.4. TERM OF OFFICE
 The members of the Board shall hold office
for a term of ______ ______ after their
appointment or until their successors shall
have been appointed and duly qualified.
 Chairman– 1 year
 Member 1 – 2 years
 Member 2 – 3 years
 Each member of the Board shall qualify by
taking the proper oath of office prior to
entering upon the performance of his duties
IV.5. EXECUTIVE OFFICER AND
THE SECRETARY OF THE BOARD
 The Commissioner of Civil Service shall be the
________ _______ of the Board and shall conduct
the examination given by the Board
 The Secretary of the Board of Examiners
appointed under Act Numbered Four thousand
seven shall also be the Secretary of the Board. All
records and minutes of the deliberations of Board
 All records and minutes of the deliberations of
the Board, including the examination papers,
shall be kept by the Civil Service Commission
under the custody of the Commissioner of Civil
Service
IV.6. REMOVAL OF BOARD MEMBERS
 The _________, thru his Executive Secretary,
may remove any member of the Board for
neglect of duty or incompetency, or for
unprofessional or dishonorable, unethical
conduct, after having given the member
concerned an opportunity to defend himself
in a proper administrative investigation to be
conducted by the Office of the Civil Service
Commissioner
IV.7. SUBMISSION OF ANNUAL REPORT
 The Board shall submit an annual report to
the President of the Philippines, through his
Executive Secretary, after the close of each
_______ ______, giving a detailed account of
its proceedings during the year and making
such recommendations as may be deemed
proper
IV.8. INHIBITION FROM
PRACTISING MINING ENGINEERING
 No person shall practice or offer to practice
mining engineering in the Philippines,
without having been previously registered as
a mining engineer under the provisions of
this Act or granted a ______ __ ________
under Section thirteen of this Act.
IV.9. DEFINITION OF TERMS
 Mining Engineering is practiced in a form of
doing:
 consultation,
 investigation,
 Mining reports,
 valuation and ore reserve calculation
 Take charge of, direct and/or supervise
underground and/or surface mining, open-cuts,
pits and/or quarries; shaft sinking, tunnelling,
stopping, dredging, hydraulicking and sluicing for
minerals and/or mineral products
IV.10. EXEMPTION FROM
REGISTRATION
 (a) ___________ in mining engineering
engaged by the Republic of the Philippines for
consultation or for specific purpose regarding
the mining industry: provided, that their
practice shall be confined to such work only
 (b) Foreigners employed by private firms as
_________ __________ in branches of mining
engineering, for which the pertinent
professional society certifies that no qualified
Filipino is available, the Board may, at its
discretion, allow them to practice without
registration.
IV.10. EXEMPTION FROM
REGISTRATION
 Conditions for (b):
 That the applicant's ________ _____ shall be
submitted to the Board on or before arrival in
the country
 That the applicant will not engage in private
practice on his own account
 That for every applicant one _______ understudy
who is registered under the provisions of this Act
shall be employed by the private firm utilizing
the services of such applicant for at least the
duration of the alien expert's tenure with said
firm
IV.10. EXEMPTION FROM
REGISTRATION
 Conditions for (b) continued:
 That the exemption shall be good only for ____ _______
renewable for another six months at the discretion of the
Board;
 Certificate of Exemption must be secured by those falling
under (a) and (b)
 (c) Practitioners who are registered mining engineers
or are certified as mine, mill or quarry foreman
under Act Numbered Two thousand nine hundred
eighty-five, as amended, and under the rules and
regulations promulgated thereunder, shall ipso-facto
be recognized and registered under this Act, and
shall be allowed to retain their certificates issued by
the former Board of Examiners
IV.11. WRITTEN EXAMINATION
 Unless exempt as specifically allowed under
the provisions of this Act, all applicants for
registration for the practice of mining
engineering shall be required to undergo
written examinations as provided in this Act
IV.12. QUALIFICATIONS FOR
EXAMINATIONS
 at least twenty-one years of age
 If a foreigner, his country accords reciprocity
with the Philippines
 of good reputation and moral character
 has graduated with at least a bachelor of
science degree in mining engineering, from a
duly recognized school, college or university
IV.13. QUALIFICATIONS OF APPLICANTS FOR
MINE
AND/OR QUARRY FOREMAN
 at least twenty-one years of age
 If a foreigner, his country accords reciprocity
with the Philippines
 He is of good reputation and moral character
 He has completed a mining and/or quarry
course of instruction from a vocational or trade
school or correspondence school of known
standing or from any mining company training
course or its equivalent
 He has at least five years actual experience in
mining and/or quarrying
IV.14. REPRIMAND, SUSPENSION
AND REVOCATION OF CERTIFICATES
 The Board, after due hearing, shall have the
power to reprimand any registrant, suspend
or revoke his certificate of registration for:
 any cause specified in this section
 for the use or perpetration of any fraud or deceit
in obtaining such certificate
 for a gross negligence
 incompetency in the practice of his occupation
or profession
 for unprofessional, dishonorable, or immoral
conduct
IV.14. REPRIMAND, SUSPENSION
AND REVOCATION OF CERTIFICATES
 Unprofessional or dishonorable conduct which is
sufficient for the revocation of the certificate include:
 Signed any technical report, mine valuation, mineral ore
reserve estimate or other documents or works not prepared
by him or under his supervision
 Represented himself as having taken charge of, undertaken
or supervised the survey, valuation, mine tunnelling, shafting
and quarrying, without having actually done so;
 Represented himself as having performed mining engineering
service in connection with the planning of exploration,
development, exploitation, mining of mineral products
without actually having done so
 Represented himself as having acted as superintendent of a
mining operation without having done so
IV.15. RE-ISSUE OF REVOKED CERTIFICATE
AND REPLACEMENT OF LOST CERTIFICATE
 The Board may, after the expiration of two
years from the date of revocation of a
certificate of registration, for reasons it may
deem sufficient, entertain any application
for a new certificate of registration, from a
person whose certificate has been revoked,
in the same manner as an application for an
original certificate and in so doing it may, in
its discretion, exempt the applicant from the
necessity of undergoing any examination.
IV.15. RE-ISSUE OF REVOKED CERTIFICATE
AND REPLACEMENT OF LOST CERTIFICATE
 A new certificate of registration to replace
any certificate lost, destroyed or mutilated
may be issued subject to the rules prescribed
by the Board
IV.16. PROHIBITIONS IN THE
PRACTICE OF MINING ENGINEERING
 Penal provisions
 Person practicing Mining Engineering profession without
certificate of registration
 Person presenting or using as his own the certificate of
registration of another\
 person who shall give any false or forged evidence
 person who shall impersonate any registrant of like or
different name
 person who shall use a revoked or suspended certificate of
registration
 person who shall assume, use, or advertise any title or
description tending to convey the impression that he is a
mining engineer without having graduated as such
 engaged in the mining engineering practice, without holding a
valid certificate of registration from the Board
V. CODE OF ETHICS
 Approved as part of the Rules and
Regulations governing the practice of Mining
Engineering in the Philippines this 14th day
of January, 1986.
V.1. DECLARATION OF PRINCIPLES
 Rule 1. The practice of morality. The dignity
and honor of the profession must at all times
be kept ___________
 Rule 2. The duly constituted authorities shall
be recognized and obeyed in the practice of
the __________
 Rule 3. A Mining Engineer shall endeavor to
protect and converse, develop, and utilize
the natural resources of the State for the
benefit of the present and _______
generations.
V.2. RESPONSIBILITIES TO STATE
 Rule 1. The Mining Engineer shall maintain
allegiance to the Republic of the Philippines,
support the ________ and obey all laws duly
promulgated and Approved by the duly constituted
authorities
 Rule 2. The Mining Engineer shall faithfully
exercise his/her profession, conserve and protect
the natural resources of the ______, and promote
the development and use of such natural
resources for the interest of the people.
 Rule 3. The Mining Engineer shall strive for the
______ _____ of all and shall contribute his/her
expertise for the success of national projects or
policies.
V.3. RESPONSIBILITIES TO THE
COMMUNITY
 Rule 1. Foremost. The Mining Engineer should be
aware of the _____ and welfare of the people, in the
pursuit of his/her profession.
 Rule 2. The Mining Engineer shall always be ready and
willing to render _________ ______, even without
compensation, in cases of accidents, emergencies, or
calamities.
 Rule 3. The Mining Engineer shall not issue or cause to
be issued any _______ professional opinion, improper
advice, false information tending to alarm, confuse, or
endanger the safety of the community. He shall report
to the proper authorities acts or omissions relative to
the practice of the professions which are prejudicial to
public interest and welfare of the people.
V.3. RESPONSIBILITIES TO THE
COMMUNITY
 Rule 4. The Mining Engineer shall not render a professional
opinion or report without the benefit of ________ _______ and
competent analysis of the mining issue at hand. The basis and
limitations of his professional opinion or conclusion must be
stated clearly, taking into account the purpose for which the
opinion or report is rendered.
 Rule 5. The Mining Engineer shall not issue or cause to be
issued any sensational or _________ opinion, report or
statement tending to induce or encourage any undertaking or
activity that may be immoral, unlawful or inimical to the
general welfare.
 Rule 6. The Mining Engineer shall always endeavor if called
upon to enlighten any interested sector of the community, to
state honestly in accordance with his professional knowledge
the facts or circumstances pertinent to the inquiry, without
____ or prejudice.
V.3. RESPONSIBILITIES TO THE
COMMUNITY
 Rule 7. The Mining Engineer shall not cause
or allow the _________ of his reports, maps
or dissertations for any untoward, unlawful
or immoral undertaking. However, he may
publish or cause the publication of any
article, document or writing in order to
impart his knowledge and expertise to the
public.
 V.4. RESPONSIBILITIES TO
EMPLOYER AND CLIENTS
 Rule 1. The Mining Engineer must faithfully use his ________
and _______ in performing his tasks to his clients or employer.
 Rule 2. The Mining Engineer shall protect with utmost
professional attention the ______ of his employer or client.
 Rule 3. The Mining Engineer shall not advance or promote any
interest of his client or employer which is _______ to law,
public or professional obligations and ethics.
 Rule 4. The Mining Engineer, whose obligations to his employer
or clients are in conflict with his professional obligations or
ethics, should endeavor to resolve the conflict in accordance
with the law, public policy, and the provisions of this code.
Where the conflict is beyond reconciliation, he should ______
his professional engagement.
 V.4. RESPONSIBILITIES TO
EMPLOYER AND CLIENTS
 Rule 5. The Mining Engineer shall ______ to his prospective
employer or client any interest he holds on any mineral property,
mining organization, or other matters which may affect, directly
or indirectly, adversely or otherwise, his relations and obligations
with the prospective client or employer.
 Rule 6. The Mining Engineer shall _____ ______ any information
given in confidence during his employment; neither shall he
attempt to profit there from nor shall he use, directly or
indirectly, such information to the prejudice of his employer or
client.
 Rule 7. The Mining Engineer shall not engage or offer to engage,
his/her professional services to those with ________ and adverse
interests.
 Rule 8. The Mining Engineer must _________ promote and
advance the interest of his employer or client.
V.4. RESPONSIBILITIES TO
EMPLOYER AND CLIENTS
 Rule 9. The Mining Engineer shall not place himself under
any obligation or Organization who has a pending
transaction with his employer or client, and shall not
receive any _____ from such person or organization.
 Rule 10. The Mining Engineer must refer his client or
employer, whenever necessary to serve the interest of the
latter, to experts or consultants. He must not accept any
favor or ________ whatsoever for the referral to such
experts or consultants.
 Rule 11. The Mining Engineer shall act as _______ of his
client or employer in the preparation of contracts and
similar documents. He shall be impartial in the
interpretation of such documents so that the rights and
obligations of his clients or employer and other contracting
parties shall be faithfully determined and discharged.
V.5. RESPONSIBILITY TO
EMPLOYEES
 Rule 1. The Mining Engineer, as employer, shall at all times
be ________ with the welfare of his employees whose
rights as workers are guaranteed under the constitution
and protected by laws.
 Rule 2. The Mining Engineer shall be willing to ______ the
substantial profits from his enterprise with the employees
responsible therefore.
 Rule 3. The Mining Engineer must observe and obey all
laws, rules and regulations on labor, particularly those
affecting labor relations, hours of work, _____ and
conditions of work.
 Rule 4. The Mining Engineer shall at all times strive to
________ the knowledge and skill of his employees,
provide safety measures for his men, and maintain the
operational efficiency of his machines or equipment.
V.6. RESPONSIBILITIES TO
COLLEAGUES
 Rule1. The Mining Engineer shall accord respect and courtesy to
his brothers in the profession. He shall _______ from opinions
or comments, critical of, or prejudicial to his colleague’s
reputation or business, unless such colleague engaged in
activities inimical to the dignity and integrity of the profession,
and such critical views are aired in the proper forum.
 Rule 2. The mining Engineer shall not ________ with those
engaged in unethical practices.
 Rule 3. The mining Engineers must duly ___________ the
professional work of his colleagues and give full recognition
thereto; and must refrain from plagiarism in oral or written
communications.
 Rule 4. The mining engineer shall ensure that proper credit and
_________ must be accorded to any associate, subordinate, or
partner, who has contributed to the work for which he himself
claims responsibility.
 V.6. RESPONSIBILITIES TO
COLLEAGUES
 Rule 5. The Mining Engineer must not take undue ________ of his
present or former stature or position to unduly oppress or unfairly
compete with his colleagues or take undue advantage of their
weaknesses or lack of knowledge. He must not use the advantages of
private practice to the detriment of his employed colleagues.
 Rule 6. The Mining Engineer must always encourage and promote the
professional ___________ of his colleagues, especially when he
occupies a position of authority. He shall exert efforts to assist in the
development of the knowledge and skills of his colleagues.
 Rule 7. The Mining Engineer shall not describe himself or permit himself
to be described as a ___________, unless he possesses all the necessary
qualifications and experience, occupies a position of professional
independence, and able to act as an independent and unbiased adviser.
 Rule 8. The Mining Engineer shall seek harmony and cooperation among
colleagues in the profession, encourage the ethical dissemination of
knowledge in mining engineering and be actively involved with
__________ organizations of his profession.
V.7. THE ESSENCE OF THE MINING
ENGINEER’S DUTIES AND RESPONSIBILITIES
 Rule 1. The conferment of the privilege to
practice Mining Engineering requires the
faithful, _______ and lawful performance of
the acts constitutive of professional practice.
In the ultimate analysis the Mining Engineer’s
existence is justified by the need to ensure
that all God-Given natural mineral resources
of the State shall be wisely conserved, and
properly developed, exploited, and utilized
for the benefit of the present and future
generations of the country.
VI.1. COAL DEVELOPMENT ACT OF
1976 (PD 972)