Q1: WHAT IS RESPONSIBLE MINING? IS IT ACHIEVABLE OR IS IT AN ILLUSION?

Responsible mining is complying with the laws that already take into account its environmental,
social, economic, cultural, and other impacts. The Philippine Mining Act of 1995 mandates several
environmental and social work programs, as well as financial assurances. However, because of the
unreliability and insufficiency of available monitoring data, it is still uncertain whether these mechanisms
are enough and whether they are enforced effectively. Responsible mining can also be measured using
basic principles developed and adopted by ethical mining companies worldwide. The Philippine Chamber
of Mines’ Compliance and Beyond: A Guidebook on Corporate Social Responsibility for the Philippine
Mining Industry laid down the following principles: “(1) Protect the environment as a paramount
consideration in all stages of mining and conduct activities in a manner that will contribute to the broader
goals of sustainable development; (2) Protect the rights of affected communities, including the rights of
indigenous cultural communities. Engage in adequate and timely communication and consultation with
them and work for the improvement of the quality of their lives during and even after the life of the mine;
(3) Safeguard the health and safety of mineworkers, local population, host and impact communities, and
address foreseeable health- and safety-related impacts associated with mining over its full life cycle. (4)
Maintain a competent workforce that is committed to responsible mining and whose welfare is advanced.
(5) Make sure that affected communities benefit from mining through employment, whenever possible.
(6) Respect, protect, and promote human rights of those affected by mining and promote human
rights-sensitive security arrangements; and, (7) Adopt responsible corporate governance and management
principles that nurture trust and promote company integrity by developing effective self-regulatory
practices and management systems and employing business practices that are ethical, transparent and
accountable.

Responsible mining is achievable. Here are some proposals for both the government and the
public in order to achieve responsible mining. The government must identify clear and measurable
indicators needed to track compliance and progress in reforms needed for responsible mining. Massive
capacity building of government personnel and agencies are needed to support stable, rational
decision-making in mining. These include capacity to implement: (1) Natural resources valuation; (2)
equitable benefit-sharing schemes; (3) regular and science-based monitoring of environmental impacts;
(4) enforcement of environmental and other laws; (5) validation of free and prior informed consent of IPs;
(6) effective public participation mechanisms; and, (7) disaster risk assessment, management, and
reduction. The contribution of the public, especially the mining companies is to strictly follow
government rules and regulations on responsible mining. It will be just an illusion if not everyone is
willing to compromise.

Q2: SHOULD OPEN PIT MINING BE ABSOLUTELY PROHIBITED IN THE PHILIPPINES?

Open Pit Mining should not be absolutely prohibited in the Philippines but it should be put on
hold until proper regulations are set to make sure that the environment is protected. Open pit mining,
simply put, is an activity where materials are excavated from an open pit. Engaging in this kind of activity
is harmful to the environment because rocks and minerals which are excavated pose an environmental
hazard. These rocks and minerals may even contain toxic and hazardous elements, harming the air we
breathe, especially its surrounding communities. One can expect that biological life on the surface of
these open pits, including vegetation, will be dead and it will take nearly decades to recover the same.
While open pit mining may have some benefits in terms of acquiring natural resources, the activity poses
important risks, especially if it is left unregulated. The costs and benefits of open pit mining will be
further discussed later so what is important to discuss now is open pit mining specifically in the setting of
our country.

Mining in general comes with its own costs, and different projects if not properly supervised may
lead to adverse effects on the environment. This is where responsible mining comes into place.
Responsible mining is following the laws that are set when it comes to mining. These laws take into
account the adverse effects that mining could have and set rules and regulations that must be followed to
prevent these effects. The question now is if these laws are actually efficient enough to prevent these
effects.

The law that is applied to the Philippines is Republic Act No. 7942 or the Philippine Mining Act
of 1995. This law states that it is the state that is responsible for the “rational exploration, development,
utilization and conservation through the combined efforts of government and the private sector in order to
enhance national growth in a way that effectively safeguards the environment and protect the rights of
affected communities.” Yet it would seem that there is not enough monitoring data to show if the law in
place is actually effective.

So before open pit mining is continued, the country must first follow responsible mining. The
laws then, in our country must be clear. The country must also show that there will be proper monitoring
of mining projects to show that the laws set are being properly followed. There is not enough regulations
regarding open mining in the Philippines, and allowing it will just open the flood gates to many
environmental destruction. Although the Philippines has laws regulating mining activities, it can’t be
denied that unregulated mining activities is prevalent in the country. It is also important for the country to
set “no-go” areas that cannot be touched by any company when it comes to mining. These must be strictly
implemented as to achieve responsible mining.

Q3: SHOULD THERE BE A PROVISIONAL BAN OF ALL MINING IN THE PHILIPPINES

PENDING A NEW LAW THAT CHANGES THE REVENUE DISTRIBUTION OF MINING
REVENUE?

Mining by itself imposes numerous risks that the ecologically rich and biodiverse county such as
the philippines. Furthermore, since responsible mining does not exist in the philippines, this causes more
harm.Hence, the imposition of a a mining moratorium will not only be a sure way of avoiding these harms
and risks, but will also allow for the rehabilitation of mined-out areas and those damaged by tailings and
other pollutants, as well as the recuperation of communities adversely affected by mining.

The passage of a new mining law, the imposition of a mining moratorium, or a combination of
both are all options that deserve closer inspection. Definitely, with the current state of the Philippine
environment, the gaps in the law, and myriad weaknesses in implementation, administration and
regulation of the mining industry cannot go on as it has in the past. Concrete action must be taken to
address the negative impacts of mining and avoid further harms, especially because we have no clear
picture of the extent of environmental (and social and cultural) risks that mining activities pose, but we
know they are high and extremely hazardous
(the Philippines is among the world`s leading mineral producers of copper, nickel, chromite, zinc, gold
and silver, )

Q4: WHAT ARE THE COSTS AND BENEFITS OF OPEN MINING?

Benefits:

Generally, the benefits of mining include the supply of raw materials needed for construction of roads and
hospitals or manufacturing of products, such as automobiles; ​employment creation​; ​source of income;​
and ​foreign exchange for the mining country​. Mined substances are used to build houses and make
computers and satellites. Electricity is also generated from mined materials​. ​Well-structured mining
engages with the locals and provides them with jobs, raising the living standards of the community.
Revenues generated from mining activities help in developing facilities, such as schools, hospitals and
other social amenities. ​These activities promote business enterprise in the mining regions. For instance,
they ​promote growth in rental houses to provide accommodation for miners. Growth in businesses,
such as hotels, is expected to cater to worker needs. Mining resources are ​important foreign
exchange earners and contribute significantly to gross domestic product.
All of this are viable, especially that the Philippines is the fifth most mineral-rich country in the world for
gold, nickel, copper, and chromite. It is home to the largest copper-gold deposit in the world. The Mines
and Geosciences Bureau has estimated that the country has an estimated $840 billion worth of untapped
mineral wealth, as of 2012.

Mining is a source of mineral resources important for maintaining and upgrading living standards. ​It is
the extraction of valuable and non-renewable minerals or other geological substances from the earth.
Materials acquired through mining include metals, limestone, rock salt, gemstone, coal, oil, gravel, gold
and clay. Mining is intended to obtain resources that cannot be produced through agricultural activities or
manufactured artificially in a laboratory or factory.

The advantages of open pit mining

Open pits are brought into production quickly and are generally safer than underground (U/G) mining;
therefore, safer for our workers.

Operations are highly visible to management & easy to control; low operating costs wherein the
expenditure is mainly on direct production activities – drilling, blasting & moving rock – compared with
U/G which has high costs of ancillary activities: support, ventilation. Also, open pit mining allows the use
of very large machines which have a lower cost per tonne of rock. ​(Cost per tonne analysis is the best
method for evaluating a new machine purchase. Buying the cheapest machine and hoping it works likely
ranks among the worst methods.)
Capital expenditure may be lower because contractors may be hired who provide their own machinery
(drills, trucks, shovels, loaders etc.) which reduces the mining company’s capital requirements; however,
this will lead to increased working costs;

Different specialist contractors can be used for different activities, e.g. drilling & blasting, moving rock
hence, more job opportunities for the locals.

Lastly, low labour intensity (small workforce required): less housing, direct & social costs associated with
employees.

IN OTHER WORDS, IT IS CHEAPER AND SAFER FOR THE MINE WORKERS.

Costs:

One of the main disadvantages of this type of mining operation is the environmental impact it
causes. Since cyanide, mercury and sulfuric acid are used to remove the wastewater, groundwater and air
are contaminated as toxic dust. This is absorbed by animals and plants.

The excavation itself generates a sound impact that scares away the animals of the area, which
causes a change in the habitat of many species. This ​diminishes the aesthetic appeal and tourism of the
area and disturbs the communities.

AIR
● · Mining has an effect on the quality of the air. Coal mines releases methane that
contributes to environmental issues since it contains greenhouse gas.
● · Heavy metals like sulfur dioxide is polluted into the air by unsafe smelter
operations with insufficient safeguards.
● · Another side effect of mining are acid rain and smog.
● · A total of 142 million tons of sulfur dioxide is emitted into the atmosphere, every
year because of smelting and that is 13% of total global emissions.

WATER
● · When sulfide is oxidized through contact with air via mining, it forms sulfuric acid
and when this is combined with trace elements, it has a negative impact on groundwater.
This happens both surface and underground mines.
● · Chemical deposits that are left over from explosives are usually toxic and it
increase the salinity of mine water as well as contaminating it. Through the “in situ”
mining groundwater can be directly contaminated, in which a solvent seep into un-mined
rock, leaching minerals.
● · Toxins like cyanide and mercury are used in the extraction of minerals that can
permanently pollute the water, making it difficult to the fishermen to find fish.
● · Spills into the lakes and ocean also add toxic to heavy metals and sulfuric acid to
the environment, where it can take years.

LAND
● · Land impacts are immense in mining which involves moving large quantities of rock
and in surface mining. Almost all of the mined ore of non-ferrous metals become waste.
 ● · Mining activities lead to erosion which is very dangerous for the land.
● · This also leads to destruction of river banks and changes how the river flows, where
it flows, what lives in it, etc.
● · Toxins such as cyanide and by products like mercury which is used in the extraction
of minerals can permanently pollute the land and people will no longer be able to farm in
certain places.
● · Open-pit mining also leaves behind large craters that can be seen from outer-space.
● · Due to people digging in search of precious minerals, a lot of areas are pock marked
by thousands of small holes.

ECOSYSTEM
● · Mining also destroys animal habitats and ecosystem.
● · Those activity that surrounds the mine which includes explosions, transportation of
goods, road construction, the movement of people, the sound made, etc are actually
harmful to the ecosystem and will change the way animals have to live since they will
have a new way to cope with the mine and live around it.
● · In general, spills of deadly substances have a very negative effect on animals and
ecosystem.
● · Discharged toxins and tailing from the mines can disrupt and disturb the way
animals live.
● · By adding or taking out something from the animals’ everyday lives, mining can
completely destroy the ecosystem.

All of the negative impacts stated above reverts to the local community, wherein the following are
observed:

● · loss of agricultural and livelihood

● · due to huge environmental, social and cultural costs, this puts extreme stress on
health preventing them from accessing clean land and water, food security, displacement,
and respiratory diseases.
● · mining companies who promised to provide scholarships and livelihood to the
affected people are mere palliatives in comparison to the massive environmental
destruction and are long-term negative health impacts of unsustainable mining practices.
● · causing divisions in communities over who benefits from the mine and who
doesn’t
● · changing the social dynamics of a community
● · exposing them to harassment by mine or government security
● · a transient male work force can bring increased alcohol, sex workers and violence
into a community, which can affect women’s safety

These impacts are exacerbated when local people aren’t consulted and are given no information about
a planned mine. Even worse is when people are not given a say on whether a mine should even be
developed.

The potential benefits that mining brings to a community can be undermined if secrecy surrounds the
payment of mining taxes to the government or the benefits shared at the local level. However, we don’t
have a good mining law that would maximize the benefits of mining and at the same time minimizing the
harmful effects of it.
 In order to harmonize the two (costs and benefits) and to predict the damage caused by the mining in
terms of its impact of cost which can help management to take precautionary measure to minimize the
damage and reduce the cost; it is called the cost-benefit analysis. It requires the valuation of all the goods
that are relevant to a particular environmental issue. Unfortunately, up to the present, economists have not
yet agreed on how to value ecological "goods" such as biodiversity or a stable climate. Complicating
matters is the need to develop a valuation formula in which the proper time scale should span generations,
i.e. decades, even centuries which we currently don’t have.

The CBA is an evidence-based assessment that will inform government decision-makers at a crucial
time to ensure that the flow of mining investments in Philippines leads to the best possible outcome for the
country. The results of the study will help inform policy makers, civil society, mining companies and
donors about the true economic costs of changes in welfare (including for example cultural loss) and
degradation of ecosystem services from mining development in the Philippines and demonstrate the value
of maintaining ecosystem services and including their consideration in mining development decision
making.

Cost benefit analysis (CBA) (additional info.)

It is essential to have a cost benefit impact analysis of a project. It lies in a range of project and plan
appraisal methods that seek to apply monetary value to cost and benefits. It is more compressive in scope.
It takes a long view of the project (further as well as nearer future) and a wide view (in the sense of
allowing for side effect). It is the comparison of any positive or negative changes in the value of mine
environment amenities with costs (or benefits) of implementing the proposed change.

In other sense, it goes further and includes the task of the decision. In some case the costs-benefits
analysis may regard some alternative even though he or she is not the decision taker, because his/her
ability to predict that the decision taker himself would cause rejection. Cost benefit analysis can be done
in two stages. First prior to mining, the project would be analyse based on through cost and benefit and
later post mining, to analyse the cost of environmental control.

Benefits of CBA

General Application of Costs-Benefits Analysis

1. In disease control program,

2. In a larger health care system,

3. In evaluating alternative planning policy,

4. In optimum allocation of resource to R & D project,

5. In water resource planning,

6. In transportation,

7. In airport location,
8. In calculation of environmental impact of a proposed mining activity.

Methodology

There are various methodology to calculate the CBA

• Project definition

• Identification

• Enumeration of cost and benefits

• Evaluation of cost and benefits

• Discounting and presentation of result

Cost - benefit analysis typically involves reducing an innumerable of complex physical and
social-economic variable to simple, quantifiable categories of costs and benefits. Calculate the value in
current monetary term of future cost and benefits. Benefits are commonly defined by a person’s
willingness to pay for profit outouts. Costs are often defined, as the monetary expenditure required for
using resource in one manner rather than another.

Future annual flows of cost and benefits are usually discounted to a net present value in a range of interest
rate may be used to show the sensitivity of the analysis to change. If the net social benefit minus cost is
positive than there may be presumption in favour of a project.

The presentation of result should distinguish between tangible and intangible cost and benefits, as
relevant, allowing the decision-maker to consider the trade - off involve in the choice of one option or the
other.

The mine environmental pollution control is tool to manage to minimize the cost of mineral. It involves
appropriate time and space to dispose of waste. There are various techniques used to increase the ability
of the natural mine environment and to accept wastes and mine pollution without significant damage to
social or ecological systems. Finally, residuals can be treated biological, chemically, and physically to
concentrate, contain, isolate, detoxify or recycle them with minimum exposure to social, and mine
environmental and ecological systems.

The optimum level of mine pollution control

One of the most important concepts in residual management is costs and benefits involvement in term of
mine environmental pollution and waste minimization. Proper decision making involves a comparison of
total project cost and benefit in order to choose an alternative that returns the appropriate benefit for the
least cost, thereby allocating resources in the most efficient way (Royston 1979). The ultimate goal of
residual management is to provide the level of protection necessary for the prevention of significant
damage to ecological and social system at a minimum cost.

The relationship between cost and benefit of investments in residuals control is showed in ​Fig 1​( the
model of optimum levels of mine pollution control). The model indicates that as the levels of mine
pollution increases, damage to the mine environment also increases. That is, the mine environment with
little or on ecological socio-economic damage can tolerate a small amount of mine pollution because
development cannot took place free of cost. However, as sharply after the system’s capacity to assimilate
mine pollution has been exceeded.

Conversely, as the level of mine pollution is progressively decreased, the costs of control increase.
Studies of the actual costs of mine pollution and mine pollution control suggest that the shapes of the
curve in the model accurately represent the real world situation. The model indicates that, initially,
considerable mine pollution can be eliminate at very low costs. However, in the push to achieve a
progressive cleaner mine environment, costs rise disproportionately fast and benefits begins to levels off.
Eventually, by adding the costs of mine pollution damage and control for each levels of mine pollution,
the total costs of mine pollution to society are obtained. At extremely high and low level of
contamination, the total social cost area high. However, at the point of optimum level of mine pollution
(Qopt), total social costs are minimized. The benefits of further reduction in the level of mine pollution
are far weighted by the costs of control. Also levels of damages that area considerably greater than the
optimum result in damages that area considerably greater than the costs of cleaning up.

The optimum levels of mine pollution control are useful indicator that effects the inefficient mine
pollution control strategies and inaccurate estimate of mine pollution damages. Inefficient mine pollution
controls would increase the control costs from line Cs (cost of starting) to line Cc (cost of control). The
real damage curve would move from line Dc (cost of damage) to line Do (pollution remaining optimum
level) which indicates further mine pollution. Investments are warranted to incorporate all damage costs
results in an under investment in mine pollution controls and on overly mine polluted mine environment.
The model assumes perfect knowledge of the costs of damages and controls and that damage and cost of
controls are proportionate to the level of mine pollution. The weight of cost and benefit is a regular,
although implicit or hidden, occurrence in agency decision- making processes. For instance, decisions to
relax automatic emission standards involve a balancing of control costs with human health impact and
costs.

Conclusion

The cost benefit analysis is a useful tool to predict the damage caused by the mining in term of its impact
of cost which can help management to take precautionary measure to minimize the damage and reduce
the cost.

It will heavily reduce the costs of health service, improved productivity, minimize the losses of crops and
forests, improve the life system etc. It reduce s protection cost of buildings attested by pollutant, minimize
expenditure on imports of energy and raw materials.

Mine environmental quality controls can offer more suitable benefits. Mine Environmental controls
reduce the need for defensive products, such as medical care health and life insurance burglar alarms and
soon by improving the health and living condition of the general populate.

The economic, health, physical, and social benefits of mine environmental quality controls clearly
outweigh the costs. In true economics sense, mine environmental controls provide a valuable service to
citizens by promoting health, safety, welfare, peace, and permanence.

References
1. DOE, 1991. Policy appraisal and the environment. London: HMSO.
 2. Dasgupta, A.K. and D.W. Pearce, 1978. Cost benefit analysis : theory and practices.
London:Macmillian.
3. Freeman, A.M., III, R.H. Haveman and A.V. Kmeese., 1973. The economics of
environmentalpolicy. John Wiley and sons, New York.
4. John, H. Baldwin, 1988. Environmental planning and management.
5. John, G., R. Therival, A. Chadwick., 1994. Introduction to environmental impact
assessment.Wiley
6. Page, R., and J. Freejohn., 1974. Externalities as commodities: comment.
Americaneconomics review 64:3: 453-459.
7. Royston, M.G., 1979. Pollution prevention pays Oxford: Pergramon.

Q5: Are local mining bans legal? Policy wise, should they be allowed?

The Court imposes upon the local government the power to do any measure intended to promote, the
health, peace, morals, education and good order of the people or to increase the industries of the state,
develop its resources and add to its wealth and prosperity as a legitimate exercise of the police power. In
the case of La Bugal-B'laan Tribal Association, Inc. v. Ramos, the Court explained that, a law could be
passed in the exercise of the police power of the state for the purpose of advancing the right of the people
to a balanced and healthful ecology, promoting their health and enhancing the general welfare.
Furthermore, there can be freedom of contract under our government but such is not meant to be absolute.
The same is understood to be subject to reasonable legislative regulation aimed at the promotion of public
health, moral, safety and welfare. In other words, the constitutional guaranty of non-impairment of
obligations of contract is limited by the exercise of the police power of the State, in the interest of public
health, safety, moral and general welfare.

The Mining Act and the Peoples’ Small-Scale Mining Act, also authorize LGUs to grant mining permits
to small-scale miners and quarry operators, with the attendant duty to monitor their operations. Its IRR
ensure that local government units play a substantial role in regulating mining projects in their
jurisdictions, and that they receive an equitable share of the proceeds from the mineral resources located
therein. National government agencies and government-owned or -controlled corporations (GOCCs) are
required to consult with LGUs, NGOs, and concerned sectors regarding “any project or program that may
cause pollution, climatic change, depletion of non-renewable resources, loss of crop land, rangeland, or
forest cover, and extinction of animal or plant species”; and explain its objectives, impacts on the
community in terms of ecological balance, and measures to prevent or minimize its adverse effects. The
project or program may not be implemented without prior consultation with the LGU and community, and
prior approval of the concerned sanggunian.

Such policies must be allowed to balance the needs of the local government’s people against “external”
interests and making a stand on mining – and successfully defending it – which may be an LGU’s most
important role in confronting mineral operations within its jurisdiction. There are many stories of
indigenous peoples, communities, and peoples’ organizations opposed to mining in their localities are
manifold. As mineral operations often affect other rights such as timber and water, and encroach on other
valuable resources that are alternative sources of livelihood, it becomes imperative for local governments
to have in place strategic plans for the use and development of local resources.
As of March 2011, a number of provincial governments have implemented mining moratoria within their
borders, including Romblon, Negros Occidental, South Cotabato, Albay, Capiz, Mindoro Occidental,
Mindoro Oriental, Marinduque, Samar, Western Samar, Northern Samar, and Zamboanga del Norte.
Various mining moratoria have also been issued at the municipal level (Kalikasan-PNE 2008). More
ordinances and resolutions have been or are being called for in other LGUs to prohibit or limit the
undertaking of mining operations, which Clemente Bautista of Kalikasan People’s Network for the
Environment says “reflect the growing and strengthening struggle of communities against destructive
large-scale mining”.
Speech??

Mining is a source of mineral resources important for maintaining and upgrading living standards. It is the
extraction of valuable and non-renewable minerals or other geological substances from the earth.
Materials acquired through mining include metals, limestone, rock salt, gemstone, coal, oil, gravel, gold
and clay. Mining is intended to obtain resources that cannot be produced through agricultural activities or
manufactured artificially in a laboratory or factory.

Generally, the benefits of mining include the supply of raw materials needed for construction of roads and
hospitals or manufacturing of products, such as automobiles; employment creation; source of income; and
foreign exchange for the mining country. Mined substances are used to build houses and make computers
and satellites. Electricity is also generated from mined materials. Well-structured mining engages with the
locals and provides them with jobs, raising the living standards of the community. Revenues generated
from mining activities help in developing facilities, such as schools, hospitals and other social amenities.
These activities promote business enterprise in the mining regions. For instance, they promote growth in
rental houses to provide accommodation for miners. Growth in businesses, such as hotels, is expected to
cater to worker needs. Mining resources are important foreign exchange earners and contribute
significantly to gross domestic product.

However, One of the main disadvantages of this type of mining operation is the environmental impact it
causes. Since cyanide, mercury and sulfuric acid are used to remove the wastewater, groundwater and air
are contaminated as toxic dust. This is absorbed by animals and plants.

The National Commission on Indigineous People:

“Mining impacts on Subanon indigenous peoples’ rights. In 2005 a coalition of researchers began a
human rights impact assessment of TVI Resources’ Canatuan mine on the Mindanao island of the
Philippines. The research was designed to investigate the social, economic, political, and environmental
impacts of the mine on the Subanon indigenous peoples living on the land and addressed six core human
rights principles: the right to self-determination, to security, to an adequate standard of living, to adequate
housing, to work and to education.

Medium and large-scale corporate mining and conflicting laws governing natural resources continue to be
major problems that indigenous peoples face in their communities. The free, prior and informed consent
(FPIC) process is being manipulated in favor of mining corporations[2]. The presence of military
personnel and investment defense forces in mining areas has limited indigenous peoples’ freedom to work
in their lands and caused indigenous children to drop out of school. Indigenous human rights defenders
are being harassed and killed – there have been 76 documented cases of killings of indigenous human
rights defenders from 2010 to 2016. Environmental degradation caused by mining has resulted in health
problems, significant reduction of agricultural production, water pollution and decreased fish catch.
The excavation itself generates a sound impact that scares away the animals of the area, which causes a
change in the habitat of many species. This diminishes the aesthetic appeal and tourism of the area and
disturbs the communities.”

DSWD

“The Department of Social Welfare and Development (DSWD) has pledged full support for the
government’s efforts to address pressing environmental issues, including the destructive impact of illegal
mining. There are evidence of deforestation as a result of open-pit mining, which is permitted under the
Mining Act of 1995. A majority of mining operations are in watershed. It is high time that concrete
actions are made to stop the destruction of the country’s natural environment and the depletion of the
country’s resources. What we need are genuine, pro-environment policies that will be stringently
implemented. We must all stand firm and unite to stop operations that lead to the ravaged forests, leveled
mountains, and poisoned rivers and lakes. Future generations of Filipinos will inherit a country with an all
but destroyed natural environment if we do not take action now.”

Responsible mining is complying with the laws that already take into account its environmental, social,
economic, cultural, and other impacts. The Philippine Mining Act of 1995 mandates several
environmental and social work programs, as well as financial assurances. However, because of the
unreliability and insufficiency of available monitoring data, it is still uncertain whether these mechanisms
are enough and whether they are enforced effectively.

But, responsible mining is achievable. Massive capacity building of government personnel and agencies
are needed to support stable, rational decision-making in mining. These include capacity to implement:
(1) Natural resources valuation; (2) equitable benefit-sharing schemes; (3) regular and science-based
monitoring of environmental impacts; (4) enforcement of environmental and other laws; (5) validation of
free and prior informed consent of IPs; (6) effective public participation mechanisms; and, (7) disaster
risk assessment, management, and reduction. The contribution of the public, especially the mining
companies is to strictly follow government rules and regulations on responsible mining. It will be just an
illusion if not everyone is willing to compromise.

DILG

The Court imposes upon the local government the power to do any measure intended to promote, the
health, peace, morals, education and good order of the people or to increase the industries of the state,
develop its resources and add to its wealth and prosperity as a legitimate exercise of the police power. In
the case of La Bugal-B'laan Tribal Association, Inc. v. Ramos, the Court explained that, a law could be
passed in the exercise of the police power of the state for the purpose of advancing the right of the people
to a balanced and healthful ecology, promoting their health and enhancing the general welfare. The
Mining Act and the Peoples’ Small-Scale Mining Act, also authorize LGUs to grant mining permits to
small-scale miners and quarry operators, with the attendant duty to monitor their operations. Its IRR
ensure that local government units play a substantial role in regulating mining projects in their
jurisdictions, and that they receive an equitable share of the proceeds from the mineral resources located
therein.

Department of the Interior and Local Government (DILG) is calling on all local government units (LGUs)
to fully cooperate and provide necessary assistance in the conduct of nationwide mining audit in their
respective jurisdictions. The conduct of mining audit is very essential to ensure the compliance to
responsible mining practices by the concerned companies and that the interest of common good,
especially the helpless and the poor, is being addressed. The audit is aimed at determining the adequacy
and effectiveness of environmental protection measures for each mining operation. It is also intended to
identify the gaps in the said measures and determine appropriate penalties in case of any violation of the
mining and environmental laws. The non-compliance with the provisions of the said MC shall be dealt
with the force of existing pertinent laws, rules, and regulations.

The conduct of audit of all mining sites is in accordance with Republic Act No. 7942 otherwise known as
the Philippine Mining Act of 1995 and Executive Order No. 9 known as Institutionalizing and
Implementing Reforms in the Philippine Mining Sector. It is also aligned with DENR’s MC No. 2016-01
concerning the Audit of All Operating Mines and Moratorium on New Mining Projects.