UNDER THE ELEVENTH REGULAR FOREIGN INVESTMENT

NEGATIVE LIST
Foreign Ownership Limitation
Up to Forty Percent (40%) Foreign Equity)
16. Exploration, development and utilization of natural resources (Art. XII, Sec. 2
of the Constitution

REPUBLIC ACT NO. 7942

[AN ACT INSTITUTING A NEW SYSTEM OF MINERAL RESOURCES
EXPLORATION, DEVELOPMENT, UTILIZATION, AND
CONSERVATION]

This Act shall be known as the "Philippine Mining Act of 1995."

Section 3
Definition of Terms
xxx
aq. Qualified person means any citizen of the Philippines with capacity to
contract, or a corporation, partnership, association, or cooperative organized
or authorized for the purpose of engaging in miring, with technical and
financial capability to undertake mineral resources development and duly
registered in accordance with law at least sixty per centum (60%) of the
capital of which is owned by citizens of the Philippines: Provided, That a
legally organized foreign-owned corporation shall be deemed a qualified
person for purposes of granting an exploration permit, financial or technical
assistance agreement or mineral processing permit.

CHAPTER VIII
 QUARRY RESOURCES
Section 43
Quarry Permit

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 filling materials,
clay for ceramic tiles and building bricks, pumice, perlite and other similar
materials that are extracted by quarrying from the ground. The provincial
governor shall grant the permit after the applicant has complied with all the
requirements as prescribed by the rules and regulations.
The maximum area which a qualified person may hold at any one time shall
be five hectares (5 has.): Provided, That in large-scale quarry operations
involving cement raw materials, marble, granite, sand and gravel and
construction aggregates, a qualified person and the government may enter
into a mineral agreement as defined herein.
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. No quarry permit shall
be issued or granted on any area covered by a mineral agreement or financial
or technical assistance agreement.