Revisiting the Existing Minahang Bayan Scheme
for the Promotion of Responsible Small-Scale Mining
in the Philippines
By: Engr. Esteban C. Martin
OIC-Chief, Mining Technology Division
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Since the enactment of Republic Act No. (RA) 7076…
Only 6 Minahang Bayan (MB) were duly
cleared and declared as of November 2016
-3 MBs were declared prior to the promulgation
of Executive Order No. (EO) 79
-3 MBs were declared since the issuance of the
amended Implementing Rules and Regulations of
RA 7076
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Since the enactment of Republic Act No. (RA) 7076…
Declared as PER DAO 92-34 Declared as PER DAO 2015-03
- Manlana, Buenavista, Quezon - Waso, Llorente, Eastern Samar
- Masabong, Bayugan III, Rosario, - Maputi, Banaybanay, Davao Oriental
Agusan Del Sur - Pintatagan, Banaybanay, Davao
- San Jose, Dinagat Island Oriental
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Since the enactment of Republic Act No. (RA) 7076…
• 5 Small-Scale Mining Contracts were issued:
4 are within the MB in Llorente, Eastern
Samar while the other is in the MB in
Maputi, Davao Oriental.
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Approved Minahang Bayan in overall SSM Operations
This depicts the ineffective efforts of previous
administrations to rationalize and promote
responsible SSM with the undeniable existence
of widespread illegal SSM operations
nationwide.
REALIZATION: the need for policy
enhancement / modification.
SSM Operations
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Brief Legal History
of SSM Laws and Policies
in the Philippines
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Brief Legal History of SSM Laws and Policies
1974
THE DEVELOPMENT OF LAWS AND POLICIES GOVERNING MINING IN THE PHILIPPINES
1970 1980 1990 2000 2010 2015
Existence of and potential
problem posed by informal
small-scale gold mining.
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Brief Legal History of SSM Laws and Policies
November 13, 1974
THE DEVELOPMENT OF LAWS AND POLICIES GOVERNING MINING IN THE PHILIPPINES
1970 1980 1990 2000 2010 2015
Presidential Decree No. (PD) 581
entitled “Prescribing a Heavier
Minimum Penalty for Highgrading or
Theft of Gold from a Mining Claim or
Mining Camp.”
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Brief Legal History of SSM Laws and Policies
June 6, 1977
THE DEVELOPMENT OF LAWS AND POLICIES GOVERNING MINING IN THE PHILIPPINES
1970 1980 1990 2000 2010 2015
PD 581 was amended with the
issuance of PD 1150 which provided
a more elaborate regulation of gold
panning or sluicing activities inside
mining claims or private lands
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Brief Legal History of SSM Laws and Policies
Early 1980’s
THE DEVELOPMENT OF LAWS AND POLICIES GOVERNING MINING IN THE PHILIPPINES
1970 1980 1990 2000 2010 2015
There was a need to allow the
development and utilization of small
mineral deposits.
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Brief Legal History of SSM Laws and Policies
January 23, 1984
THE DEVELOPMENT OF LAWS AND POLICIES GOVERNING MINING IN THE PHILIPPINES
1970 1980 1990 2000 2010 2015
Issuance of PD 1899 entitled
“Establishing Small-Scale Mining as
a New Dimension in Mineral
Development”
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Brief Legal History of SSM Laws and Policies
July 27, 1991
THE DEVELOPMENT OF LAWS AND POLICIES GOVERNING MINING IN THE PHILIPPINES
1970 1980 1990 2000 2010 2015
Enactment of RA 7076 entitled
“People’s Small-Scale Mining Act of
1991”
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Brief Legal History of SSM Laws and Policies
October 10, 1991
THE DEVELOPMENT OF LAWS AND POLICIES GOVERNING MINING IN THE PHILIPPINES
1970 1980 1990 2000 2010 2015
RA No. 7160, otherwise known as the “Local Government
Code of 1991” was enacted.
**(DAO No. 30, Series of 1992 entitled “Guidelines for the Transfer and
Implementation of DENR Functions Devolved to the Local Government
Units”)
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Brief Legal History of SSM Laws and Policies
July 14, 1992
THE DEVELOPMENT OF LAWS AND POLICIES GOVERNING MINING IN THE PHILIPPINES
1970 1980 1990 2000 2010 2015
DAO 34 Series of 1992 or the
Implementing Rules and Regulations
of RA 7076 was issued
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Brief Legal History of SSM Laws and Policies
March 3, 1995
THE DEVELOPMENT OF LAWS AND POLICIES GOVERNING MINING IN THE PHILIPPINES
1970 1980 1990 2000 2010 2015
The RA No. 7942 or the “Philippine
Mining Act of 1995” was enacted.
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Brief Legal History of SSM Laws and Policies
July 6, 2012
THE DEVELOPMENT OF LAWS AND POLICIES GOVERNING MINING IN THE PHILIPPINES
1970 1980 1990 2000 2010 2015
Executive Order No. (EO) 79 entitled “Institutionalizing and
Implementing Reforms in the Philippine Mining Sector Providing Policies
and Guidelines to Ensure Environmental Protection an Responsible
Mining in the Utilization of Mineral Resources” was issued.
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Brief Legal History of SSM Laws and Policies
September 2012
THE DEVELOPMENT OF LAWS AND POLICIES GOVERNING MINING IN THE PHILIPPINES
1970 1980 1990 2000 2010 2015
DAO 2012-07 or the
IRR of EO 79 was
issued.
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Brief Legal History of SSM Laws and Policies
March 16, 2015
THE DEVELOPMENT OF LAWS AND POLICIES GOVERNING MINING IN THE PHILIPPINES
1970 1980 1990 2000 2010 2015
DENR AO No. 2015-03
entitled “Revised
Implementing Rules and
Regulations of Republic
Act No. 7076”
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The Development of the Law Governing SMALL-SCALE MINING
PD 1150 (June 6 1977) PD 1899 (January 23, 1984) RA 7076 (June 27 1991)
Amending PD 581 and Establishing Small-Scale “The Small-Scale Mining Act”
Regulating Panning or Mining as a New Dimension Creating a People’s Small-
Sluicing for Gold inside in Mineral Development. Scale Mining Program…
Mining Claims or in Public
or in Private Lands (MRD 41, Series of 1984) (DAO 34, Series of 1992)
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The Development of the Law Governing OVERALL MINING ACTIVITIES
RA 7160 RA 7942 EO 79
(October 10, 1991) (March 3, 1995) (July 6, 2012)
• Local Government • An Act Instituting • Institutionalizing and
Code of 1991 a New System of Implementing Reforms
• DENR AO No. 30 Mineral Resources in the Philippine
Exploration, Mining Sector,
Development, Providing Policies and
Utilization, and Guidelines to Ensure
Conservation Environmental
Protection and
• Maintained co- Responsible Mining in
existence with RA the Utilization of
7076/PD 1899 Mineral Resources.
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Reinforcing RA 7076 through EO 76
Section 11
RA 7076
of EO 79
DAO 2015 -03
Revised Implementing Rules and Regulations of
RA 7076 otherwise known as “People’s Small-
Scale Mining Act of 1991.”
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Evaluation Methodology
Collation and Sorting of Classification, Analysis, Drafting of Proposed
Evaluation Inputs and Processing of Amendments and
Collated Inputs vis-à-vis Recommendations
Sources: Currently Existing
• Regional consultation/post- Scheme/Policy
issuance presentations by the
MGB ROs pertaining to DAO
2015-03;
• Various sectors derived from
related forums and
independent studies;
• Documented practices in
known small-scale mining
areas and additional
comments from MGB
Regional Offices concerned. Mines and Geosciences Bureau Management Committee Conference
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Results
Classification of Stakeholders' Feedback Concerning Small-Scale Mining
Classification Code Description
Those that are apparently aligned with the existing law and may be considered
P-1
in the proposed amendment of DAO 2015-03.
Those that may be considered but requires an amendment of the laws
P-2
relevant to small-scale mining.
Those that may be addressed through mere internal policy issuances within
P-3
the MGB.
P-4 Those that are not within the administrative jurisdiction of the DENR/MGB.
Those that are deemed already adequately addressed in the current relevant
P-5
laws, rules and regulations.
Those that are not aligned with the existing laws, rules and regulations and
P-6
deemed could not be accommodated in the near future.
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Results - Derived Inputs from Stakeholders
Classification: P-1 (aligned with the existing laws and may be considered in
the proposed amendment of DAO 2015-03)
a) Additional rules on implementing custom mills, auxiliary environmental
management infrastructures (e.g., ponds, waste treatment, etc.), skills development
and training for selected PMRB members and secretariat;
b) Clearer definition and/or clarification on various terms found to be ambiguous such
as Minahang Bayan, mining permit applicants (i.e., individual vs. cooperative),
mining rights, scope of terms, and intensive roles of PMRB and its members;
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Results - Derived Inputs from Stakeholders
Classification: P-1 (aligned with the existing laws and may be considered in
the proposed amendment of DAO 2015-03)
c) Exorbitant fees collected, escrow, and royalties;
d) Streamlining of application procedures and requirement; and,
e) Stricter implementation of rules and regulations, environmental compliance
requirement, and monitoring (i.e., reporting procedures).
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Results - Derived Inputs from Stakeholders
Classification: P-2 (requires an amendment of the laws relevant to
small-scale mining)
a) Additional provisions on the inclusion of associated minerals (i.e., copper, nickel) in
mineral commodities, on the use of explosives, on value-adding and other support
for mineral products derived from small-scale mining such as comprehensive
marketing and inclusion of buyers other than the Central Bank, and the inclusion of
IP representative to the PMRB;
b) Complaint on mining companies accommodating small-scale mining operations
through contract basis;
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Results - Derived Inputs from Stakeholders
Classification: P-2 (requires an amendment of the laws relevant to
small-scale mining)
c) Clearer technical scope of definitions with regard to small-scale mining operations,
Minahang Bayan areas for declaration, applicants, role of BLGUs;
d) Fees and other payments found unnecessary;
e) Stricter reinforcement and implementation of rules and regulations especially on
safety and health and respect for the environment; how to avoid being politicized;
and,
f) Streamlining of procedures of mining permit applications.
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Results - Derived Inputs from Stakeholders
Classification: P-3 (for mere internal policy issuances within the MGB)
a) Assign a government personnel to assist and coordinate petition concerns with
small-scale mining;
b) Specific time commitments cited in the declaration process of Minahang Bayan;
and,
c) Education campaign using various and creative forms of media.
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Results - Derived Inputs from Stakeholders
Classification: P-4 (not within the administrative jurisdiction of the
DENR/MGB)
a) Registration criteria for cooperatives in Cooperative Development Authority;
b) A Memorandum of Agreement with the Indigenous Cultural Community
(ICCs)/Indigenous Peoples (IPs) tribal leaders, with the National Commission on
Indigenous Peoples (NCIP) as witness, is proposed to be accepted as initial
compliance for the processing of documents relative to petitions for declaration of
MBs. However, FPIC/Certificate of Non-coverage shall be secured prior to actual
declaration;
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Results - Derived Inputs from Stakeholders
Classification: P-4 (not within the administrative jurisdiction of the
DENR/MGB)
c) Issuance of NCIP Certificate of Exemption for provinces with no IPs; and,
d) The Bangko Sentral ng Pilipinas to permit cooperatives to serve as the former's gold
buying agents.
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Recommendations
1. For inputs that are apparently aligned with the existing laws and may be
considered in the proposed amendment of DAO 2015-03
a) Re-amendment of the DAO No. 2015, the IRR of RA 7076, to further
streamline the process of Minahang Bayan declaration and awarding of
Small-Scale Mining Contracts. This is also in line with the call of the
President.
b) Enhancement of the government’s campaign against illegal mining
through the development and institutionalization of a Standard
Operations Manual/Protocol against illegal mining.
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Recommendations
2. For inputs that may be worth accommodating but requires an
amendment of the laws relevant to small-scale mining
c) Modification and updating of the existing small-scale mining law by way
of re-drafting the bill introduced by then Senator Sergio Osmeña III on
June 30, 2004 denominated as Senate S. No. 219, entitled An Act
Amending Republic Act 7076.
d) Propose for the introduction of a new policy involving the strict
regulation on the manufacture, sale, possession and use of ball/rod mills
in mineral processing aimed at boosting the government’s drive against
illegal mining or informal small-scale mining operations.
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Recommendations
3. For those that may be addressed through mere internal policy issuances
within the MGB
e) Initiate the inclusion of matrices showing the status of all Minahang
Bayan proposals endorsed to the MGB Central Office, which will be
accessible by the public through the existing MGB Central Database
System and shall be updated on a monthly basis.
f) Support the re-activation of the DOJ-DILG-DENR Fact Finding
Committee on Illegal Mining to sustain the previously successful drive
against illegal mining activities.
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The Proposed Re-amendment of the DAO No. 2015
DAO No. 2015 Description
Section 6. Registration of Small-Scale Miners
All persons undertaking or intending to undertake
small-scale mining shall register as
Those that are apparently aligned with the existing law
small-scale miners with the Board , subject to the
and may be considered in the proposed amendment
submission of a valid government issued
identification card and proof of Filipino citizenship. of DAO 2015-03.
For the above purpose, the Board shall maintain a
registry of small-scale miners
within its jurisd iction.
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End of Presentation
THANK YOU
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