Beruflich Dokumente
Kultur Dokumente
Part IPublic Land Act (Commonwealth Act. No. 141) reviewed by the courts.
Under Section 2, Article XII of the Constitution embodies As a general rule, recourse through court action cannot
the Regalian Doctrine all lands of the public domain prosper until all remedies have been exhausted at the
belong to the State the source of any asserted right to administrative level.
ownership of land.
Classification of Lands
With the exception of agricultural lands, all other natural
resources shall not be alienated. Government lands are classified into two:
The Regalian Doctrine reserves to the State all natural 1. Lands of the public domain either alienable or
wealth that may be found in the bowels of the earth even inalienable.
if the land where the discovery is made be private.
2. Lands of private domain lands belonging to and
Imperium and Dominium owned by the State as a private individual, without being
devoted for public use.
Imperium the governments concept of sovereignty
over public land; Under the Civil Code, government lands can either
be:
Dominium the governments capacity to own or
acquire property. 1. Properties of the public dominion those intended for
public use.
The Indigenous Peoples Rights Act (IPRA) of 1997
2. Patrimonial properties of the State not or no longer
Under RA No. 8371 (IPRA), indigenous peoples may intended for public use.
obtain the recognition of their right of ownership over
ancestral lands and ancestral domains by virtue of native Under the 1987 Constitution, lands of public domain are
title. classified into four (4) categories:
Government Land and Public Land Homestead patent granted has the force and effect
Distinguished of a Torrens title.
The two are not synonymous terms; the first includes not Sale of public agricultural lands
only the second, but also other lands of the government Any citizen of the Philippines
already reserved or devoted to public use or subject to Of lawful age or head of the family
private right. Applicant may purchase not to exceed 12 hectares
which shall be sold thru sealed bidding
Modes of Disposition
The purchase price may be paid in full or in not more
No Public Land can be Acquired Except by a Grant from then 10 annual equal installments from the date of
the State the award.
13. Reservations for public and semi-public purposes Government Initiates an Action for Cancellation of Title
and Reversion
Classification and Disposition of Lands for
Residential, Commercial or Industrial Purposes Lands of the public domain fraudulently awarded to the
applicant may be recovered or reverted back to its
1. Lands reclaimed by the government by dredging, original owner, the government. An action for reversion
filling, or other means has to be instituted by the Solicitor General.
The lessee shall construct permanent improvements Procedure, Legal Restrictions and Encumbrances
appropriate for the purpose, shall commence the
construction within 6 months from the date of the award. 1.The full name of applicant, his age, place of birth,
At the expiration of the lease, all improvements made by citizenship, civil status, and post-office address.
the lessee shall become the property of the Government.
2. That the applicant has all the qualifications.
Lands for Residential, Commercial or Industrial
Purposes Shall be Disposed of through Oral Bidding 3. That he has none of the disqualifications.
(Except direct sale)
4. That the application is made in good faith.
Sale of Lands Within Military Reservations
5. That the application is made for the exclusive benefit
Priority shall be given to bona fide occupants and then to of the applicant
war veterans.
6. Accurate description of the land.
Cadastral Registration Proceedings
7. Whether all or part of the land is occupied or
The cadastral system of registration constitutes another cultivated or improved.
means of bringing lands under the operation of the
Torrens system. The purpose is to serve public interests
8. That the land applied for is neither timber or mineral. domain which have been classified as such by the
Secretary of Natural Resources in accordance with
In case of death of applicant or grantee before the prescribed and approved criteria, guidelines and
issuance of the patent or final grant of the land, he shall procedure.
be succeeded by his heirs in law.
(g) Forest reservations refer to forest lands which have
All other natural resources shall remain with the State. been reserved by the President of the Philippines for any
specific purpose or purposes.
Land is subject of public servitudes, right of way not
exceeding 20 meters in width. (h) National park refers to a forest land reservation
which has been withdrawn from settlement or occupancy
Private corporations disqualified from acquiring and set aside as such exclusively to preserve the
lands of the public domain except by lease for a scenery, the natural and historic objects and the wild
period not exceeding 25 years, renewable for not plants and animals therein, and to provide enjoyment of
more than 20 years and not to exceed one thousand these features in such a manner as will leave them
hectares in area. unimpaired for future generations.
The law places emphasis not only on the utilization of (k) Seashore park refers to any public shore area
forest resources but more so on the protection, delimited for outdoor recreation, sports fishing,
rehabilitation and development of forest lands, in order waterskiing and related healthful activities.
to ensure the continuity of their productive condition.
(l) Watershed reservation is a forest land reservation
established to protect or improve the conditions of the
Definition of Terms water yield thereof or reduce sedimentation.
(a) Public forest is the mass of lands of the public (m) Watershed is a land area drained by a stream or
domain which has not been the subject of present fixed body of water and its tributaries having a common
system of classification. outlet for surface run-off.
(b) Permanent forest or forest reserves refer to those (n) Critical watershed is a drainage area of a river
lands of the public domain which have been the subject system supporting existing and proposed hydro-electric
of the present system of classification and determined to power and irrigation works needing immediate
be needed for forest purposes. rehabilitation as it is being subjected to a fast denudation
causing accelerated erosion and destructive floods. It is
(c) Alienable and disposable lands refer to those lands closed from logging until it is fully rehabilitated.
of the public domain which have been the subject of the
present system of classification and declared as not (o) Mangrove is a term applied to the type of forest
needed for forest purposes. occurring on tidal flat along the seacost.
(d) Forest lands include the public forest, permanent or (p) Kaingin is a portion of the forest land which is
forest reserves, and forest reservations. subjected to shifting and/or permanent slash-and-burn
cultivation having little or no provision to prevent soil
(e) Grazing land refers to that portion of the public erosion.
domain which had been set aside for the raising of
livestock. (q) Forest product means timber, pulpwood, firewood,
bark, tree top, resin, gum, wood, oil, beeswax, honey,
(f) Mineral lands refer to those lands of the public rattan, or other forest growth, the associated water, fish,
game, scenic, historical, recreational and geologic Organizational Structure
resources in forest lands.
The Department of Environment and Natural
(r) Industrial tree plantation is any tract of forest land Resources; Mandate
purposely and extensively planted to timber crops
primarily to supply the raw material requirements of It is DENR shall be primarily responsible for the
existing or proposed processing plants and related implementation of the policy of the State to ensure, for
industries. the benefit of the Filipino people, the full exploration and
development as well as the judicious disposition,
(s) Tree farm refers to any tract of forest land utilization, management, renewal and conservation of
purposely and extensively planted to trees of economic the countrys forest
value for their fruits, flowers, leaves, barks, or
extractives, but not for the wood thereof. Policy determination by the executive branch on the
proper management of forest resources cannot as a rule
(t) Selective logging means the systematic removal of be inferred with by the courts. It is addressed to the
the mature, over-mature and defective trees in such a sound duiscretion of government agencies entrusted
manner as to leave adequate number and volume of with the regulation of activities coming under the special
healthy residual trees of the desired species for the technical knowledge and training of such agencies.
protection and conservation of soil and water.
Forest Management Bureau is implementing the
(u) Lease privilege granted by the State to a person to provisions of the Code. It shall have jurisdiction and
occupy and possess, in consideration of specified rental, authority over all forest land, grazing lands, and all forest
any forest land of the public domain in order to reservations including watershed reservations.
undertake any authorized activity therein.
The Bureau is directly under the control and
(v) License is a privilege granted by the State to a supervision of the DENR Secretary.
person to utilize forest resources, without any right of The Bureau shall regulate the establishment and
occupation and possession over the same. operation of sawmills, veneer and plywood mills and
other wood processing plants.
(w) License agreement is a privilege granted by the
State to a person to utilize forest resources, without any All actions and decisions of the Bureau Director are
right of occupation and possession over the same, but subject to review, motuproprio or upon appeal of any
with the obligation to develop, protect, and rehabilitate person aggrieved thereby, by the DENR Secretary
the same in accordance with the terms and conditions whose decisions shall be final and executory after the
set forth in said agreement. lapse of thirty (30) days from receipt of the aggrieved
party of said decision., unless appealed to the President
(x) Permit is a short-term privilege or authority granted in accordance with EO No. 19, s. 1966.
by the State to a person to utilize any limited forest
resources without any right of occupation and Exhaustion of administrative remedies it calls for
possession therein. resort first to the administrative authorities in the
resolution of a controversy falling under their jurisdiction
(y) Ecosystem means the ecological community before the same may be elevated to the courts of justice
considered together with non-living factors and its for review.
environment as a unit. It is an established doctrine that the decisions and
orders of administrative agencies have, upon their
(z) Silviculture is the establishment, development finality, the force and binding effect of final judgment
reproduction and care of forest trees. within the purview of res judicata.
There is a big difference between forest as defined (f) appropriately located road-rights-or-way;
in a dictionary and forest or timberland as a
classification of lands of the public domain in the (g) twenty meter strips of land along the edge of the
Constitution. One is descriptive of what appears on the normal high waterline of rivers and streams with
land while the other is a legal status, a classification for channels of at least five (5) meters wide;
legal purposes. Forests, in the context of both the Public
Land Act and the Constitution classifying lands of the (h) strips of mangrove or swamplands at least twenty
public domain do not necessarily refer to a large tract of (20) meters wide, along shorelines facing oceans, lakes
wooded land or an expanse covered by dense growth of and other bodies of water; and strips of land at least
trees and underbrush. twenty (2) meters wide facing lakes;
Public forests or forests reserves are not capable of (i) areas needed for other purposes, such as national
private appropriation. parks, etc.;
Unclassified land cannot be acquired by adverse
occupation or possession; occupation thereof in the (j) areas previously proclaimed by the President as
concept of owner, however long, cannot ripen ownership forest reserves, national parks, etc.
and be registered as title. The maximum period of any privilege to harvest timber is
25 years, renewable for a period, not exceeding
Topography 25years.
Timber utilization shall be limited to that which a person
No land of the public domain eighteen percent (18%) in may effectively utilize and develop for a period of 50
slope or over shall be classified as alienable and years.
Mangrove swamps are in the category of forest lands Control of Concession Area
and the Bureau of Fisheries and Aquatic Resources has
no jurisdiction to administer or dispose them. Regulation of Timber Utilization in All Other Classes of
Lands and of Wood-processing Plants
Forest lands are not registrable until they are released
as disposable and alienable. Swamplands and Mangrove Forests
Any title issued on non-disposable lots even in the hands Visitorial Power
of an alleged innocent purchaser for value, shall be
cancelled. The DENR Secretary, by himself or through the Director
or any qualified representative, may investigate, inspect
All roads and infrastructure constructed by holders of and examine records and other documents relating to
license agreements, licenses, leases and permits belong the operation of a license agreement, license, lease or
to the State. permit, and its subsidiary or affiliated companies, to
determine compliance with the terms and conditions
Regalian Doctrine thereof.
Authority of Forest Officers
Under Section 2, Article XII of the Constitution embodies
the Regalian Doctrine all lands of the public domain When in performance of their official duties, forest
belong to the State the source of any asserted right to officers shall have free entry into areas covered by
ownership of land. All lands not appearing to be clearly license agreement.
of private dominion presumptively belong to the State. Mining Operations
Reservation of land, covered by a timber concession, for Location, prospecting, exploration, utilization or
experiment station vests in the grantee full ownership exploitation of mineral resources in forest reservations
thereof. shall be governed by mining laws.
Preservation and protection of forests is in adherence to Mineral reservations which are not the subject of mining
public policy. operations or where operations have been suspended
for more than five (5) years shall be placed under forest
Principle of inter-generational responsibility. the management by the Bureau.
right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature. (Sec. Special Uses
16, Article II of the Constitution. Every generation has a
responsibility to the next to preserve that rhythm and 1. Pasture in Forest Lands
harmony for the full enjoyment of a balanced and
healthful ecology. No forest land 50% in slope or over may be utilized for
pasture purposes.
A timber license is not a contract but a mere privilege
which does not create irrevocable rights. 2. Wildlife
Industrial tree plantations and tree farms The Director may regulate the killing and destruction of
wildlife in forest lands in order to maintain an ecological
A lease for a period of twenty-five (25) years, renewable balance of flora and fauna.
for another period not exceeding twenty-five (25) years,
for the establishment of an industrial tree plantation or a 3. Recreation
tree farm may be granted by the DENR, upon
recommendation of the Director with minimum area of 4. Other Special Uses of Forest Lands Qualifications
1,000 hectares for industrial tree plantation and 100
hectares for tree farm. Diffusion of Benefits
No lease shall be granted within critical watersheds.
The privilege to utilize, exploit, occupy, or possess forest
Forest Protection lands, or to conduct any activity therein shall be diffused
to as many qualified and deserving applicants as
possible.
Authority also contains the disposal of the confiscated
Criminal Offenses and Penalties forest products.
1. Cutting, Gathering and/or Collecting Timber or Other Offenses Punished Under Sec. 68, PD No. 705, as
Products Without License Amended
Punishment with penalties is imposed under Arts. 1) cutting, gathering, collecting and removing timber or
309 and 310. other forest products from any forest land, or timber from
alienable or disposable public and, or from private land
If officers in a corporation is alien, in addition to penalty, without any authority; and,
he may be deported without further proceedings on the 2) possession of timber or other forest products without
part of the Commission on Immigration and deportation. the legal documents required under existing forest laws
and regulations.
A timber license is not a contract in the purview of the
due process clause; it is only a license or privilege, Difference Timber and Lumber:
which can be validly withdrawn whenever dictated by
public interest or public welfare. The granting of license Timber is a raw log or forest product; Lumber is the
does not create irrevocable rights, neither is it property processed log or timber.
or property rights.
DENR Has Jurisdiction Over the Confiscation of
2. Unlawful Occupation or Destruction of Forest Lands Forest Products and Conveyances Used in the
3. Pasturing Livestock Commission of the Offense
4.Illegal Occupation of National Parks System and
Creation Areas and Vandalism Therein Under Sec. 68 of PD No. 705, as amended, the regional
5.Destruction of Wildlife Resources trial court has jurisdiction to order the confiscation of the
6.Survey by Unauthorized Person timber or forest products as well as the machinery,
7.Misclassification and Survey by Government Official or equipment, implements and tools illegally used in the
Employee area where the timber of forest products are found.
8.Issuance of Tax Declaration on Real Property without
Certification from the Director of Forest Development However, the DENR Secretary or his duly authorized
and the Director of Lands representative under Sec. 68-A of PD No. 705, as
9.Coercion and Influence to Commit of the Acts amended by EO No. 277, has jurisdiction to order the
10.Unlawful Possession of Implements and Devices confiscation and disposition of all
Used by Forest Officers Conveyances by land, water, or air used in illegally
11.Failure to Pay the Amount Due and Demandable cutting, gathering, removing, possessing or abandoning
Under This Code forest products.
12. Sale of Wood products Without Grading Rules
A person guilty of unlawful occupation or destruction of
Timber forest lands shall be fined an amount of not less than
five hundred pesos (P500.00) nor more than twenty
Duration of license agreement or license to harvest thousand pesos (P20,000) and imprisoned for not less
timber in forest lands has a maximum period twenty-five than 6 months nor more than 2 years for each such
years, renewable for a period, not exceeding twenty-five offense, and be liable to the payment of 10 times the
years. rental fees and other charges which would have been
accrued had the occupation and use of the land been
Size of forest concessions shall be limited to that which authorized under a license agreement, lease, license or
a person may effectively utilize and develop for a period permit.
of fifty (5) years.
In the case of an offender found guilty of making kaingin,
Reforestation the penalty shall be imprisoned for not less than 2 nor
more than 4 years and a fine equal to 8 times the regular
Forest Lands to be Reforested forest charges due on forest products destroyed, without
Sec. 68-A. Administrative Authority of the Department prejudice to the payment of the full cost of restoration of
Head or His Duly Authorized Representative to Order the occupied area as determined by the Bureau.
Confiscation.
In pasturing livestock without authority in forest lands, Act No. 624 passed by the United States Philippine
the guilty person shall be imprisoned for not less than 6 Commission and approved on Feb. 07, 1903.
months nor more than 2 years for each such offense,
and a fine equal to 10 times the regular rentals due, in The 1935 Constitution
addition to the confiscation of such livestock and all
improvement introduced in the area. CA No. 137, the Mining Act
Any person who is guilty of illegal occupation of national EO No. 141 of then Pres. Marcos
parks system and recreation areas and vandalism
therein shall be fined not less than P200 or more than The 1973 Constitution
P500 exclusive of the value of the thing damaged. If the
area requires rehabilitation or restoration, the offender PD 463, revising CA 137 stipulating the conditional
shall also be required to restore or compensate for the application of Regalian Doctrine
restoration of the damage.
The 1987 Constitution
Survey by unauthorized person is punishable by
imprisonment for not less than 2 nor more than 4 years, The Philippine Mining Act of 1995.
in addition to confiscation of the implements used.
Declaration of Policy
Misclassification and survey by government official or
employee shall be dismissed from the service with All mineral resources in public and private lands within
prejudice to re-employment, and upon conviction by a the territory and exclusive economic zone of the
court of competent jurisdiction, suffer an imprisonment of Republic of the Philippines are owned by the State.
not less than 1 year and a fine of not less than P1000. (Regalian Doctrine)
The survey, classification or release of forest lands shall
be null and void. Ownership of Mineral Resources
A forest Officer or employee of the Bureau shall arrest Ownership of mineral deposits by the State is also
even without warrant of arrest any person who has dominant principle expressed in PD No. 463, otherwise
committed or is committing in his presence any of the known as the Mineral Resources Decree of 1974).
offenses defined in the Code. He shall also seize and Minerals excluded from other rights to land
confiscate, in favor of the government, the tools and Mineral deposits open to location and lease
equipment used in committing the offense, and the forest
products. Full control and supervision by the State in the
exploration, development and utilization of the countrys
The arresting officer or employee shall thereafter deliver natural resources is the adoption of the concept of
within 6 hours from the time of arrest and seizure, the jura regalia.
offender and the confiscated forest products, tools and
equipment to, and file the proper complaint with, the The old system of exploration, development and
appropriate official designated by law to conduct utilization of natural resources through licenses,
preliminary investigations and file information in court. concessions or leases has been omitted under the 1987
Constitution.
Part IIIPhilippine Mining Act of 1995(Republic Act.
No. 7942) Nonetheless, RA 7942 respects previously issued valid
and existing licenses.
Governing Law
RA No. 7942 reiterates ownership of natural
RA 7942 was enacted of March 03, 1995, instituting a resources by the State
new system of mineral resources exploration,
development, utilization and conservation in the country. Activities which may be undertaken by the State in
connection with its full control and supervision
Evolution of Pertinent Mining Laws
enter into co-production, joint venture or production
Royal Decree of May 18667 Spanish Mining Law sharing agreements with Filipino citizens or qualified
corporations;
Act of Congress of July 1, 1902 may allow small-scale utilization of natural resources by
Filipino citizens; a. to ensure that relevant laws on public notice;
The President may enter into agreements with foreign- b. in coordination with the Bureau/Regional Office(s) to
owned corporations involving technical or financial approve applications for small-scale mining, sand and
assistance for the large-scale exploration, development gravel quarry... not exceeding five (5) hectares;
and utilization of minerals, petroleum and other mineral
oils. c. to receive their share;
A 10% share of all royalties and revenues to be derived d. to facilitate the process by which the community shall
by the government from the development and utilization reach an informed decision on the social acceptability;
of the mineral resources.
e. to participate in the monitoring of any mining activity;
Rights of a Locator to a Perfected Claim
f. to participate as member of the Mine Rehabilitation
Mere recording of a mining claim, without performing Fund Committee;
annual work obligation, does not convert land into
mineral land. g. to be the recipient of social infrastructure;
Abandonment the act which constitutes actual, h. to act as mediator between the indigenous cultural
absolute and irrevocable desertion of one's right or communities and the contractors;
property.
i. to coordinate with the Department and Bureau in the
Classification of minerals (5) implementation of the Act;
First group metals or metalliferous ores j. to perform such powers and functions as may be
provided.
Second group precious stones
Authority of the Bureau
Third group fuels
The Mines and Geosciences Bureau, headed by a
Fourth group salines and mineral waters Director and assisted by Assistant Director shall advise
the secretary on matters pertaining to geology and
Fifth group building stone in place, clays, fertilizers mineral resources exploration, development, utilization
and other non-metals and conservation.
Mineral land means any area where mineral The Bureau is conferred with quasi-judicial powers
resources are found.
There is an application of Doctrine of Primary
Mineral resource any concentration of minerals/rocks Jurisdiction.
with potential economic value.
Doctrine of Primary Jurisdiction - Courts cannot and
Organizational Structure will not resolve a controversy involving a question
which is within the jurisdiction of an administrative
Pursuant to Section 8 of PD No. 7942, the Department tribunal, especially where the question demand the
of Environment and Natural resources (DENR) shall be exercise of sound administrative discretion requiring the
the primary agency responsible for the conservation, special knowledge, experience and services of the
management, development, and proper use of the administrative tribunal to determine technical and
State's mineral resources. intricate matters of fact.
The Secretary shall have the authority to enter into Non-interference by the courts on purely
mineral agreements on behalf of the government upon administrative matters.
the recommendation of the Director, and promulgate Scope of Application
such rules and regulations as may be necessary to
implement the intent and provisions of the Act. No ancestral land shall be opened for mining operations
without the prior consent of the indigenous cultural
Role of local governments community concerned. In the event of agreement, the
royalty payment shall be agreed upon by the parties.
The said royalty shall form part of a trust fund for the An exploration permit holder may, within the term of the
socioeconomic well-being of the indigenous cultural permit, file with the Bureau declaration of mining project
community. feasibility accompanied by a work program for
development for the Bureau's approval.
Areas Open to Mining Operations
Term of Exploration
All mineral resources in public or private lands, including
timber or forestlands as defined in existing laws, shall be The term of an exploration permit shall be for the period
open to mineral agreements. Any conflict that may arise of two (2) years from date of issuance thereof,
shall be heard and resolved by the panel of arbitrators. renewable for like periods but not to exceed a total term
Areas Closed to Mining Operations of foour (4) years for non-metallic mineral exploration or
six (6) years for metallic mineral exploration.
a. in military and other government reservations;
Exploration permit may be transferred but subject to the
b. near or under public or private buildings, cemeteries, approval of the Secretary of the DENR.
archeological and historic sites, bridges xxx and other Registration of Exploration Permit
infrastructure projectsxxx;
Upon approval and issuance of exploration permit, the
c. in areas covered by valid and existing mining rights; permitee shall cause the registration of the same with
the Bureau/Regional Office concerned within fifteen (15)
d. in areas expressly prohibited by law; working days from receipt of written notice and upon
payment of of the required fees.
e. in areas covered by small-scale miners;
Exploration shall be revocable when demanded by
f. old growth or virgin forest, proclaimed watershed forest police power. The State, under its all-encompassing
reserves xxx police power, may alter, modify or amend permits in
accordance with the demands of the general welfare.
Exploration Permit
Mineral Agreements
Exploration Permit grants the right to conduct
exploration for all minerals in specified areas. Forms of General Agreements:
Section 3 (aq) of RA No. 7942 is not unconstitutional. An a. mineral production sharing agreement
observation has been made that Sec. 3 (aq) of RA 7942 b. co-production agreement
which allows a foreign contractor to apply for and hold c. joint-venture agreement
an exploration permit is unconstitutional. The reasoning
is that Sec. 2 of Art. XII of the Constitution does not Eligibility
allow foreign-owned corporations to undertake mining
operations directly. However, in La BugalB'laan Tribal a. in case of individual must be Filipino citizen, of legal
Association v. Ramos, the Court ruled that while the age and with a capacity to contract;
Constitution mandates the State to exercise full control
and supervision over the exploitation of mineral b. in case of corporation, partnership, association, or
resources, nowhere does it require the government to cooperative at least sixty percent (60%) of capital of
hold all exploration permits and similar authorizations which is owned by Filipino citizens.
xxx. Such a permit does not amount to authorization to
extract and carry off the mineral resources that may be Filing of mineral agreements shall be filed in the region
discovered. where the areas of interest are located. They will be
approved by the Secretary and copies shall be submitted
The exploration permit serves a practical and legitimate to the President.
purpose in that it protects the interest and preserves the
rights of the exploration permit grantee (the would-be Term of a Mineral Agreement
contractor) during the period of time that it is spending
heavily on exploration works, without yet being able to The term must not exceed twenty five (25) years to
earn revenues to recoup any of its investments and start from the date of execution, and renewable for
expenditures. another term not exceeding twenty five (25) years.
Publication, Posting, radio Announcement any phase of mining operations, and no person under 18
years of age shall be employed underground in the
It shall be done within (15) working days from receipt of mine.
the notice.
All mining and quarrying operations that employ 50
Quarry Resources workers shall have at least 1 licensed mining engineer
with 5 year experience, and 1 registered foreman.
Themaximum area which a qualified person may hold at
any one time shall be 5 hectares. The regional director shall have exclusive jurisdiction
over the safety inspection of all installations.
A quarry permit shall have a term of 5 years, renewable The regional director shall, in consultation with the
for like periods but not to exceed a total term of 25 Environmental Management Bureau have the power to
years. issue orders.
No person shall engage in the processing of minerals There shall be panel of arbitrators in the regional office
without a processing permit from the Secretary. Permit of the department composed of 3 members, 2 of whom
shall be for a period of 5 years renewable for like years must be member of the Philippine Bar and 1 licensed
but not to exceed a total term of 25 years. mining engineer and duly designated by the Secretary.
The panel shall settle the following:
A foreign-owned/controlled corporation may be granted
a mineral processing permit. disputes involving rights to mining areas
disputes involving mineral agreements or permit
Development of Mining Communities, Science and disputes involving surface owners, occupants and claim
Mining Technology holder/concessionaires
disputes pending before the Bureau and the Department
A contractor shall: at the date of the effectivity of this Act.
a. Allot expenditure for community development and The decision or order of the panel of arbitrators may be
science and mining technology appealed by the party to the Mines Adjudication Board
within 15 days from receipt.
b. Maintain manpower training and development
program The Mines Adjudication Board is composed of the
Secretary as Chairman with the Director of Mines and
c. Use indigenous goods, services, and technologies Geosciences Bureau and the Undersecretary for
Operations of the Department as members.
d. prior to cessation have 1 year to remove Government Share
improvements, otherwise all shall be turned over or
donated tax-free to the proper government authorities The total government share in a mineral production
sharing agreement shall be the excise tax on mineral
e. employ preferably Filipino citizens products.
Safety and Environmental Protection The share of the Government in co-production and joint
venture agreements shall be negotiated by the
No person under 16 years of age shall be employed in Government and the contractor.
Ground for Cancellation, revocation, and
Termination
Penal Provisions
1.False statements
2.illegal exploration
3. Theft of minerals
4. Destruction of mining structures
5. Mines arson
6.Willful damage to mine
7.Illegal obstruction to permitees or contractors
8. Violation of the terms and conditions of the
Environmental Compliance Certificate (ECC)
9. Obstruction of government officials
10.Other violations
11. Fines