Skip to main content

Philippine Mining Act of 1995

With the recent issue of magnetite ore mining overwhemingly opposed by residents in the town of Bagamanoc and recently moved the mining site off the coast of Panganiban (Payo), I am compelled to post this Mining Act to serve as reference.

"Republic Act No. 7942 or the Philippine Mining Act of 1995 (“Act”) is the governing law that regulates mineral resources development in the country. One of the primary objectives of this act is to revitalize the ailing Philippine mining industry by providing fiscal reforms and incentives and maintaining a viable inventory of mineral reserves to sustain the industry through the infusion of fresh capital through direct investments to finance mineral exploration and/or development activities. The original implementing rules and regulations of the Act was prepared in 1995, and was revised in 1996 under DENR Administrative Order 96 – 40, the revised implementing rules and regulations (RIRR).

Collectively, the Act and its RIRR take into consideration the following:
  • Local government empowerment
  • Respect and concern for the indigenous cultural communities
  • Equitable sharing of benefits and natural wealth
  • Demands of present generation while providing the foundation for future generations
  • Worldwide trend towards globalization
  • Protection for and wise management of the environment

The law also contain social and environmental safety nets far stronger than previous mining laws, rules and regulations. It has:

Built-in protection for the Indigenous Peoples (IP) through the prior informed consent requirement, one of, if not the only mining law in the world that contains such requirement, even pre-dating the free and prior informed consent (FPIC) requirement of the Indigenous Peoples Rights Act of 1997;

Competitive fiscal regime. The fiscal regime is a major consideration among the investor's criteria for investment. The key concern of investors is not the fiscal regime per se, but the overall profitability of the project after considering the taxes. The fiscal regime of the Philippines is considered competitive not only in Asia but throughout the world, according to an independent study by the Institute for Global Resources Policy and Management of the Colorado School of Mines (CSM) in the United States in 2000;

Equitable sharing of the benefits of mining among the major stakeholders – the national and local government, the communities and the mining company. Under the fiscal regime, the benefits of mining of mining are approximately shared at 50%:50% between the government and the contractor. The 50% is further divided into 50% for the national government, 10% for the provincial government and 20% each for the municipality and host barangays; and

Philex

Environmental and social provisions comparable, if not better than similar provisions in mining laws of established countries. During the World Bank Mine Closure and Sustainable Development Workshop in 2000, the Philippines was among the nations considered to “have (a) comprehensive policy and legislation that provides for both comprehensive mine closure and post-mining sustainable development”. The Social Development and Management Program (SDMP) was also cited as a “tool for community participation”. The SDMP is meant for the development of the host and neighboring communities and is managed by the communities themselves together with the mining company and guidance by the Government and site-base NGOs. In addition, the national wealth sharing scheme, provided under the Local Government Code of 1991 where 40% of mining taxes collected by the national government is flowed back to the communities was cited as “one of the only few wealth sharing scheme of such nature in the world”.

The revised implementing rules and regulations of the Mining Act provides strict adherence to the principles of Sustainable Development which should encompass the economic, social and environmental aspects of human development."

Popular posts from this blog

Pantomina Lyrics And Music

Pantomina is Spanish for pantomime, movements imitating the courtship movements of the rooster and the hen. Ang mga babaye
Kung mayo pa nin agom
Maugay nin aga maugay nin hapon
Alagad kung sinda igua na nin agom
Maugay Octobre, Disyembreng sunudon. Ica palan, Nenang ang pinagsasabi
Magayon na burac sa lugar na ini
Magayon ang tindog malinig ang pisngi
Arin pa daw ang puso ang dai mawili. Can ica sadit pa sadit pa man aco
Si satuyang cawat magkudot-kudotan
Kinudot mo aco kinudot ta ca man
Sabi mo sa saco luhayluhaya man. Ang mga lalake
Hudyan sisaboot
Ang pinagsasabing ngarang pagcamoot
Kundi ang babayeng iyo minahilod
Akong minahiling can mga pangguyod.

Catanduanes Remains Top Abaca-Producing Province - BM

Abaca-fiber production in the country’s top abaca-producing province from January to May 2009 went up by 22 percent to 8,646.32 metric tons (MT), said the Fiber Industry Development Authority (FIDA). FIDA noted that in January to May 2008, abaca farmers in Catanduanes produced 7,084.23 MT. The attached agency of the Department of Agriculture said a total of 16,231 farmers were involved in abaca production in the province in 2008. FIDA said the island province of Catanduanes is renowned as the “abaca capital of the Philippines.” The province is now the top producer of abaca fiber, has the largest area planted to abaca and has the biggest number of abaca farmer-producers in the Philippines. Joining Catanduanes as the country’s top 10 abaca-producing provinces are Southern Leyte, Leyte, Davao Oriental, Northern Samar, Davao del Sur, Surigao del Sur, Samar, Sulu and Sorsogon. FIDA said the province also adjusted its production for the year due to the projected slowdown in demand for…

The Batalay Shrine

The site of the first cross in Catanduanes, believed to have been constructed over the grave of the shipwrecked Fr. Diego de Herrera of the Augustinian order in 1576, who died in the barangay of Batalay. A well believed to have water with healing powers can be found in this shrine. From the town proper of Bato, it would take only 15 minutes to reach this place. Reading the online historical accounts about the fate of Fray Diego de Herrera and Espiritu Santo crew, I found some interesting yet inconclusive accounts as to what really happened. "Located at the Southeastern coast of Catanduanes is a reef called Nagumbuaya Point which is linked by traditional with the place where a Galleon Espiritu Santo taken by Fray Diego de Herrera and nine other companies which embarked from Mexico suffered shipwreck on April 25, 1576 on their way to Cebu because of the negligence of the pilot of the ship and bad weather." - wikipedia In October last year, the Historical and Nautical Archa…

Churches in Catanduanes

Catanduanes is composed of 11 municipalities, but there are 18 parishes distributed island wide. There are 3 parishes in the capital town Virac, 3 in Viga, 3 in Bato and 2 in San Andres. Although radical architectural changes have been made in many of the centuries old churches. From baroque to contemporary architecture and basic structural changes from coral stones to cement. Still many of the old practices and traditions are revered and observed up to this day. Happy Easter! Vicariate of Our Lady of the Immaculate Conception Vicar Forane: Rt. Rev. Msgr. Jose B. Molina, PA, VG Virac Cathedral (F-1755), Virac 4800 Catanduanes Population: 42,045; Catholics: 41,204 Titular: Our Lady of the Immaculate Conception, December 8 Parish Priest: Rev. Msgr. Jose B. Molina, PA, VG Parochial Vicars: Fr. Allan Martin Basilio, Fr. Joseph Saratan, Fr. Pascual Macuja (Retired, In Residence), Fr. Sid Jose Sanchez, Fr. Paul I. Isorena Cabugao (F-1911), Bato 4801 Catanduanes Population: 9,288; Catholics…