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LAND AND THE GREEN ENVIRONMENT

Forestry Code Philippine Mining Act National Integrated Protected Areas System (NIPAS) Act

LAND CLASSIFICATION
Sec. 6, Public land act (C.A. 141 as amended)

The President upon the recommendation of the Secretary of the Department of Environment and Natural Resources, shall from time to time classify the lands of the public domain into: (a) Alienable or disposable, (b) Timber, and (c) Mineral lands And may at any time in a like manner transfer such lands from one class to another, for the purposes of their administration and disposition.

FORESTRY CODE
PD 705 AS AMENDED

PHILIPPINE FOREST COVER (By REGION, Area in Hectares) As of December 31, 2003

REGION NCR National Capital Region CAR Cordillera Administrative Region R-01 Ilocos Region R-02 Cagayan Valley Region R-03 Central Luzon Region R-04a Calabarzon Region R-04b Mimaropa Region R-05 Bicol Region

CLOSED FOREST 0 384,877 37,723 503,149 226,241 117,162 484,866 50,618

OPEN FOREST 2,790 246,848 117,217 604,473 304,214 161,165 604,246 90,284

PLANTATI MAN- GROVE ON FOREST 30 0 151 8,602 368 11,346 57,567 13,499 * 40,595 34,710 33,621 58,672 * 48,465 2,075

TOTAL FOREST 2,820 672,320 189,801 1,149,845 589,495 289,673 1,195,144 156,476

PHILIPPINE FOREST COVER (By REGION, Area in Hectares) As of December 31, 2003

REGION
R-06 Western Visayas Region R-07 Central Visayas Region R-08 Eastern Visayas Region R-09 Zamboanga Peninsula Region R-10 Northern Mindanao Region R-11 Davao Region R-12 Soccsksargen Region R-13 Caraga Region ARMM Autonomous Region in Muslim Mindanao PHILIPPINES

CLOSED FOREST 105,873 2,231 36,473 29,652 107,071 177,503 126,385 64,729 106,319 2,560,872

OPEN FOREST 104,686 43,026 410,111 126,790 226,400 240,986 218,858 431,832 96,661 4,030,588

MAN- GROVE
4,600 11,770 38,781 22,278 2,492 2,010 1,350 26,731 45,786 247,362

PLANTATI ON FOREST 49,355 17,842 34,483 3,474 1,530 536 2,641 * 1,580

TOTAL FOREST 264,514 74,869 519,848 182,195 337,493 421,035 349,234 523,292 250,346

329,578 7,168,400

* Plantation Forest boundaries have not been provided.

FORESTRY CODE DEFINITIONS


sec. 3, P.D. 705

a) Public forest is the mass of lands of the public domain which has not been the subject of the present system of classification for the determination of which lands are needed for forest purposes and which are not. b) Permanent forest of forest reserves refer to those lands of the public domain which have been the subject of the present system of classification and declared as not needed for forest purposes. c) Alienable and disposable lands refer to those lands of the public domain which have been the subject of the present system of classification and declared as not needed for forest purposes. d) Forest lands include the public forest, the permanent forest or forest reserves and forest reservations.

FORESTRY CODE DEFINITIONS


sec. 3, P.D. 705

e) Grazing land refers to that portion of the public domain which has been set aside, in view of the suitability of its topography and vegetation, for the raising of livestock. f) Mineral lands refer to those lands of the public domain which have been classified as such by the Secretary of Natural Resources in accordance with prescribed and approved criteria, guidelines and procedure. g) Forest reservations refer to forest lands which have been reserved by the President of the Philippines for any specific purpose or purposes. h) National park refers to a forest land reservation essentially of primitive or wilderness character which has been withdrawn from settlement or occupancy and set aside as such exclusively to preserve the scenery, the natural and historic objects and the wild animals or plants therein, and to provide enjoyment of these features in such a manner as will leave them unimpaired for future generations.

FORESTRY CODE DEFINITIONS


sec. 3, P.D. 705

o) Mangrove is a term applied to the type of forest occurring on tidal flat along the sea coast, extending along stream where the water is brackish. p) Kaingin refers to a portion of the forest land which is subjected to shifting and/or permanent slash-and-burn cultivation. q) Forest product means timber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, honey beeswax, nipa, rattan, or other forest growth such as grass, shrub, and flowering plant, the associated water, fish, game, scenic, historical, recreational and geologic resources in forest lands. t) Industrial tree plantation refers to any forest land extensively planted to tree crops primarily to supply raw material requirements of existing or proposed wood processing plants

FORESTRY CODE DEFINITIONS


sec. 3, P.D. 705

v) Agro-forestry is a sustainable management for land which increases overall production, combines agricultural crops, tree and forest plants and/or animals simultaneously or sequentially, and applies management practices which are compatible with the cultural patterns of the local population. w) Multiple-use is the harmonized utilization of the land, soil, water, wildlife, recreation value, grass and timber of forest lands. x) Selective logging is the systematic removal of the mature, over-mature and defective tress in such manner as to leave adequate number and volume of healthy residual trees of the desired species necessary to assure a future crop of timber, and forest cover for the protection and conservation of soil, water and wildlife. aa) Sustained yield management implies continuous or periodic production of forest products in a working unit for the purpose of achieving at the earliest practicable time an approximate balance between growth and harvest or use. This is generally applied to the commercial timber resources and is also applicable to the water, grass, wildlife, and other renewable resources of the forest.

FORESTRY CODE DEFINITIONS sec. 3, P.D. 705


cc) Lease is a privilege granted by the State to a person to occupy and possess, in consideration of specified rental, any forest land of the public domain in order to undertake any authorized activity therein. ff) Permit is a short term privilege or authority granted by the State to a person to utilize forest resources within any forest land with the right of possession and occupation thereof to the exclusion of others, except the government, but with the corresponding obligation to develop, protect and rehabilitate the same in accordance with the terms and conditions set forth in said agreement. gg) Annual allowable cut is the volume of materials, whether of wood or other forest products, that is authorized to be cut yearly from a forest. hh) Cutting cycle is the number of years between two major harvests in the same working unit and/or region. mm) Private right means or refers to titled rights of ownership under existing laws, and in the case of national minority to rights of possession existing at the time a license is granted under this Code, which possession may include places of abode and worship, burial grounds, and old clearings, but exclude productive forest inclusive of logged-over areas, commercial forests and established plantations of forest trees and trees of economic values.

FORESTRY CODE, DECLARATION OF POLICIES


a) The multiple use of forest lands shall be oriented to the development and progress requirements of the country, the advancement of science and technology, and the public welfare; b) Land classification and survey shall be systematized and hastened; c) The establishment of wood processing plants shall be encouraged and rationalized; and d) The protection, development and rehabilitation of forest lands shall be emphasized so as to ensure their continuity in productive condition.

Sustainable forest management (SFM)


e.o. 318 9 June 2004; GUIDING

PRINCIPLES

1) Delineation, classification and demarcation of State forestlands 2) Holistic, sustainable and integrated development of forestry resources 3) Community-based forest conservation and development 4) Incentives for enhancing private investments, economic contribution and global competitiveness of forest-based industries 5) Proper valuation and pricing of forestry resources and financing Sustainable Forest Management 6) Institutional support for Sustainable Forest Management

COMMUNITY BASED FOREST MANAGEMENT (CBFM) DENR


1. CBFM shall be the primary strategy in all forest conservation and development and related activities, including joint ventures, production sharing and co-production. It shall be encouraged in all private sector forestry enterprises and ventures. 2. CBFM shall be collaborative undertaking of the national government and the LGUs, local peoples, community organizations, civil society organizations (CSOs) and private business entities. 3. Local cultures, values, traditions, religious beliefs and the rights of indigenous peoples to their ancestral lands and domains as promoted and/or defined by existing legislation shall be recognized and respected in all forestry undertakings of the State and the private sector.
Administrative order no. 96-29 GUIDING PRINCIPLES

PRODUCTION SHARING AGREEMENT


PEOPLES ORGANIZATION/CBFM holders inside government owned Forest Plantations owned by the forest plantations
government: 1. Reforestation/forest plantation projects administered/established by DENR 2. Reforestation plantations established by TLA holders and other permittees in compliance with the terms and conditions of the TLA or permit 3. Plantations established by holders of IFMA, SIFMA, ITP, CBFMA, and other tenurial instruments which were cancelled for cause 4. Other reforestation or plantation projects established with government funds Why would GOP & POs enter into PSA?
Utilization is included in affirmed Community Resources Management Framework and Annual Work Plan Income derived from gross sales shall be shared as follows Government share = 12.5% Peoples organization = 75% CBFM Fund = 12.5%

a) The protection and advancement of the right of the people to a balanced and healthful environment; b) The equitable distribution of opportunities, income and wealth, sustained increase in the amount of goods and services produced by the nation for the benefit of the people, and an expanding productivity from natural resources as keys to uplift the quality of life; and c) The promotion of industrialization and creation of employment opportunities based on sound resource development through industries that make full and efficient use of human and natural resources.

INTEGRATED FOREST MANAGEMENT PROGRAM (IFMP) DENR AO 99-53 POLICIES

a) To attain a balanced, productive and efficiently functioning forest ecosystem through the sustainable management of forests and the rehabilitation of degraded forestlands; b) To ensure a continuous supply of wood and non-wood products for the country by encouraging all sectors to engage in the development of industrial plantations; c) To improve the economic well-being of upland people and communities dependent on forest resources by ensuring equitable opportunities and access to forest resources

INTEGRATED FOREST MANAGEMENT PROGRAM (IFMP) DENR AO 99-53 0BJECTIVES

R.P. vs Pagadian city timber, 16 Sept. 2008


- Comprehensive development management plan (CDMP) DENR EVALUATION TEAM grounds for cancellation: 1. Failure to implement the approved CDMP: (a) only 365 has. planted out of 1,597 has or 22.8%; (b) only 1 out of 4 look-out towers was put up; (c) only 1 out of 2 forest nurseries developed; (d) constructed 6 km foot trail = 27% 2. Failure to implement or adopt agreements made with communities and other relevant sectors: (a) Subanen communities protested against IFMA constantly harassed and threatened by armed men. DENR Secretary Cerilles ORDERED the CANCELLATION of the IFMA. The Office of the President affirmed the CANCELLATION. Court of Appeals reversed OP and ruled that the IFMA was a contract that could not be unilaterally cancelled without due process and impairment of contracts. IFMA holder should have been given 30 days after due notice to remedy any breach or default of the provisions of the IFMA; dispute should have been submitted for arbitration.

R.P. vs Pagadian city timber, 16 Sept. 2008


- Comprehensive development management plan (CDMP)

Sec. 20 of the Forestry Code that when the national interest so requires, the President may amend, modify, replace or rescind any contract, concession, permit, licenses or any other form of privilege granted herein. All licenses may thus be revoked or rescinded by Executive Action. It is not a contract, property or a property right protected by the due process clause of the constitution. (Tan vs. Dir. Of Forestry, 125 SCRA 302, 325 [1983]) All Filipino citizens are entitled, by right, to a balanced and healthful ecology as declared under the Constitution. Correlative duty to refrain from impairing the environment. The DENR is the instrumentality of the State mandated to actualize this policy. DENR followed regular procedure regarding the assessment of the IFMA Evaluation Team was created and submitted its report. IFMA holder did not contest the report. Self-serving Accomplishment Reports cannot prevail over the actual inspection stated in the document [Evaluation Report].

FOREST FIRE

FOREST FIRE How to STOP FOREST FIRE?

How to PREVENT FOREST FIRE?

MANGROVES
A mangrove area refers to the area found along the seacoast and estuaries whether sparsely or thickly vegetated with true and/or associated mangrove species, or open swampy areas, including brackish fishponds, extending along stream where the water is brackish.

DENR AO 15-90

MANGROVES TO FISHPONDS

FISHPOND LEASE AGREEMENTS & MANGROVE PLANTATIONS DENR AO 15-90 Local organizations may be Maximum area = 50 hectares
awarded certificates of stewardship contracts to undertake sustainable activities based on an approved Management Plan which cannot include: Fishpond development Saltworks Paddy cultivation for corporations, cooperatives, associations; 10 hectares for individuals. Planted trees may be cut with permit but at least 40 healthy trees, spaced regularly and representative of the species in the area shall be retained when trees are cut.

Mangrove tenure assessment


zamboanga sibugay Atty. ASIS PEREZ, BFAR Director
What happens when a fishpond is abandoned by the holder of a Fishpond Lease Agreement? All areas not fully producing within 5 years from the date of approval of the lease contract shall automatically revert to the public domain for reforestation. The DENR in coordination with the DA, LGUs, other concerned agencies and FARMCs shall determine which abandoned, undeveloped or underutilized fishponds covered by FLAs can be reverted to their original mangrove state and after having made such determination, shall take all steps necessary to restore such areas. DA-DENR Gen. Order No. 3-1991: segregate vegetated portion not suitable for fishponds, un-developed areas to revert to DENR.

ANCESTRAL DOMAINS
sec. 7b, Indigenous Peoples Rights Act , RA 8371 Right to develop land and natural resources Subject to Section 56 hereof, the right to develop, control and use lands and territories traditionally occupied, owned, or used; to manage and conserve natural resources within the territories and uphold the responsibilities for future generations; to benefit and share the profits from allocation and utilization of the natural resources found therein; the right to negotiate the terms and conditions for the exploration of natural resources in the areas for the purpose of ensuring ecological, environmental protection and the conservation measures, pursuant to national and customary laws; the right to an informed and intelligent participation in the formulation and implementation of any project, government or private, that will affect or impact upon the ancestral domains and to receive just and fair compensation for any damages which they may sustain as a result of the project; and the right to effective measures by the government to present any interference with, alienation and encroachment upon these rights;

ALCANTARA vs. DENR


Petitioner may not enjoy possession and use of the land up to the expiration of FLGLA No. 542 based on alleged residual rights. P.D. 410 sec. 1 states that all unappropriated agricultural lands forming part of the public domain are declared part of the ancestral lands of the indigenous cultural groups occupying the same, and these lands are further declared alienable and disposable, to be distributed exclusively among the members of the indigenous cultural group concerned. FLGLA was illegally issued. No grave abuse of discretion in the implementation of COSLAP decision. FLGLA is a privilege, not a property or property right; it does not create a vested right; as such, no irrevocable rights are created in its issuance.

SMALL ISLANDS MANAGEMENT & DEVELOPMENT


DENR AO 2000-83

OBJECTIVES

a. To ensure that environmental considerations are incorporated in all development activities within small islands; b. To properly value benefits derived as well as damages incurred from the utilization and development of natural resources for proper decision making; c. To encourage the community, NGOs and other government agencies in the rehabilitation, improvement and sustainable use of resources of small islands; and d. To ensure equitable access of individuals, associations, and communities to benefits derived from the development and utilization of small islands.

SMALL ISLANDS MANAGEMENT & DEVELOPMENT


DENR AO 2000-83

DEFINITIONS, sec. 3

b. Coastal area is a band of dry land and adjacent ocean space (water and submerged land) in which terrestrial processes and uses directly affect oceanic processes and uses, and vice versa; its geographic extent may include areas within a landmark limit of one kilometer from the shoreline at high water tide to include mangrove, swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within a seaward limit of 200 meters isobath to include coral reefs, algal flats, seagrass beds and other soft-bottom areas (as defined by RA 8550). g. Foreshore a string of land margining a body of water; the part of a seashore between the low-water line usually at the seaward margin of a low tide terrace and the upper limit or wave wash at high tide usually marked by a beach scarp or berm. j. Small Islands refer to islands/islets with an area of not more than 50,000 hectares.

SMALL ISLANDS MANAGEMENT & DEVELOPMENT


DENR AO 2000-83 island Physical framework plan, sec. 3

a. Islands/islets less than 500 has. shall be under strict conservation areas and such shall not be alienated nor disposed for any purpose. b. Islands/islets 500 has. up to 5,000 has. shall be under restricted use. Land titling shall be limited to those with pending applications on classified A & D lands as of the effectivity of this Order. c. Islands/islets above 5,000 has. up to 50,000 has. shall be open to sustainable development. Land titling may be undertaken in certified A & D lands.

SMALL ISLANDS MANAGEMENT & DEVELOPMENT


DENR AO 2000-83

DEFINITIONS, sec. 3

k. Small Islands Management Agreement (SIMA) a production-sharing agreement between a qualified person, association and/or corporation and the government to develop, manage and utilize small islands.

TYPHOON SENDONG

This was how a University of the Philippines geologist described the flash floods that hit Iligan City at the height of Tropical Storm Sendong which left more than 400 dead in the city alone. Alfredo Mahar Lagmay explained that the rushing waters which came from the upstream part of the Mandulog River were so strong that they swept away everything in their pathfrom rocks, mud, to whole trees. It was like a tsunami, but with more debris that made it even more erosive, Lagmay said, as he described the extent of the hyperconcentrated flash floods strength. And while illegal logging in the mountains above the city may have been a factor in the destruction, Lagmay said the primary cause of the flash floods was the heavy rains. Loggingmay it be legal or illegal may have aggravated the floods, but the primary reason for this was the

ABANDONED LOGS, etc. DENR AO


2000-78

1. Abandoned logs logs left within forestlands, A&D lands and private lands, whose owners or claimants cannot be identified. 2. Drifted logs logs that are washed out by floods and/or water currents. 3. Fire Damaged trees trees damaged by forest fires, that are either dead or living but with nil chance of survival. 4. Sunken logs logs found at the bottom of a river/stream, sea cove and other bodies of water 5. Typhoon damaged trees trees whose tops, branches and trunks were blown away or destroyed by strong wind that are either dead or living but with nil chance of survival 6. Uprooted trees trees that were blown down due to natural causes, the roots of which are exposed above the ground and have a nil chance of survival

ABANDONED LOGS, etc. DENR AO


2000-78

Wood Recovery Permit a permit issued by the DENR to gather/retrieve and dispose abandoned logs, drifted logs, sunken logs, uprooted and fire/typhoon damaged trees, tree stumps, tops and branches.

DENR VS. YAP - BORACAY What is the land classification of BORACAY ISLAND? Can the DENR be ordered to issue land titles to the resort owners? What is the proper remedy?

MINING ACT
R.A. 7942

MINING ACT Definitions, sec. 3


Mining operation mining activities involving exploration, feasibility, development, utilization and processing. Mineral processing the milling, beneficiation or upgrading of ores or minerals and rocks or by similar means to convert the same into marketable products. Minerals all naturally occurring inorganic substance in solid, gas, liquid, or any intermediate state excluding energy materials such as coal, petroleum, natural gas, radioactive materials, and geothermal energy. Mine wastes and tailings soil and rock materials from surface or underground mining and milling operations with no economic value to the generator of the same. Offshore the water, sea bottom, and subsurface from the shore or coastline reckoned from the mean low tide level up to the 200 nautical miles exclusive economic zone including the archipelagic sea and contiguous zone. Onshore landward side from the mean tide elevation, including submerged lands in lakes, rivers and creeks.

MINING ACT Definitions, sec. 3


Quarrying process of extracting, removing and disposing quarry resources found on or underneath the surface of private or public land Quarry resources any common rock or other mineral substances as the Director of the Mines and Geosciences Bureau (MGB) may declare to be quarry resources, such as, but not limited to, andesite, basalt, conglomerate, coral sand, diatomaceous earth, diorite, decorative stones, gabbro, granite, limestone, marble, marl, red burning clays for potteries and bricks, rhyolite, rock phosphate, sandstone, serpentine, shale, tuff, volcanic cinders, and volcanic glass: Provided, that such quarry resources do not contain metals or metallic constituents and/or valuable minerals in economically workable quantities: Provided, further, that nonmetallic minerals such as kaolin, feldspar, bull quartz, quartz or silica, sand and pebbles, bentonite, talc, asbestos, barite, gypsum, bauxite, magnesite, dolomite, mica, precious and semi-precious stones, and other nonmetallic minerals that may later be discovered and which the Director declares the same to be of economically workable quantities, shall not be classified under the category of quarry resources.

MINING ACT Definitions, sec. 3


Mineral land any area where mineral resources are found Public land lands of the public domain which have been classified as agricultural lands and subject to management and disposition or concession under existing laws Private land any land belonging to any private person which includes A & D land being claimed by a holder, claimant, or occupant who has already acquired a vested right thereto under the law, although the corresponding certificate or evidence of title or patent has not been actually issued. Ancestral lands all lands exclusively and actually possessed, occupied, or utilized by indigenous cultural communities by themselves or through their ancestors in accordance with their customs and traditions since time immemorial, and as may be defined and delineated by law.

MINING ACT Definitions, sec. 3

Ecological profile refers to geographic-based instruments for planners and decision-makers which presents an evaluation of the environmental quality and carrying capacity of an area. Carrying capacity the capacity of natural and human environments to accommodate and absorb change without experiencing conditions of instability and attendant degradation Contiguous zone refers to water, sea bottom, and sub-stratum measured 24 nautical miles seaward from the baseline of the Philippine archipelago Exclusive economic zone means the water, sea bottom, and subsurface measured from the baseline of the Philippine archipelago up to 200 nautical miles offshore.

MINING ACT Definitions, sec. 3


Exploration the searching or prospecting for mineral resources by geological, geochemical or geophysical surveys, remote sensing, test pitting, trenching, drilling, shaft sinking, tunnelling, or any other means for the purpose of determining the existence, extent, quantity and quality thereof and the feasibility of mining them for profit. Utilization the extraction or disposition of minerals

MINING ACT DECLARATION OF POLICY,


sec. 2
All mineral resources in public and private lands within the territory and exclusive economic zone of the Republic of the Philippines are owned by the State. It shall be the responsibility of the State to promote their 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 protects the right of affected communities.

SUSTAINABLE MINING denr ao


2010-21, sec. 3
The use of mineral wealth shall be pro-environment and pro-people in sustaining wealth creation and improved quality of life under the following terms: 1. Mining is a temporary land use for the creation of wealth which leads to an optimum land use in the post-mining stage as a result of progressive and engineered mine rehabilitation work done in cycle with mining operations; 2. Mining activities must always be guided by current best practices in environmental management committed to reducing the impacts of mining and effectively and efficiently protecting the environment; 3. The wealth accruing to the Government and communities as a result of mining should also lead to other wealth-generating opportunities for people and to other environment-responsible endeavours; 4. Mining activities shall be undertaken with due and equal emphasis on economic and environmental considerations; as well as for health, safety, social and cultural concerns; and 5. Conservation of minerals is effected not only through recycling of mineral-based products to effectively lengthen the usable life of mineral commodities but also through the technological efficiency of mining operations.

MINERAL AGREEMENTS sec.


26
MPSA Grants to the contractor the exclusive right to conduct mining operations within a mining area and shares in the gross output Co-production agreement Government provides inputs to the mining operations other than the mineral resource Joint venture agreement Joint venture company is organized by the government and the contractor with equity shares. Government earns from equity and a share in the gross output

FINANCIAL or TECHNICAL ASSISTANCE AGREEMENT

FTAA
Sec. 33. Eligibility. - Any qualified person with technical and financial capability to undertake large-scale exploration, development, and utilization of mineral resources in the Philippines may enter into a financial or technical assistance agreement with the Government through the Department (DENR). Sec. 36. Negotiations. A FTAA shall be negotiated by the DENR and executed and approved by the President. The President shall notify Congress of all FTAAs within 30 days from execution and approval thereof.

Are the MINING ACT and its IRR constitutional? - Didipio Earth-Savers Multi-Purpose association (DESAMA) et al.,
vs. gozun, et al. (2006) Sec. 76. Entry into Private Lands and Concession Areas Subject to prior notification, holders of mining rights shall not be prevented from entry into private lands and concession areas by surface owners, occupants, or concessionaires when conducting mining operations therein: Provided, that any damage done to the property of the surface owner, occupant, or concessionaire as a consequence of such operations shall be properly compensated as may be provided for in the IRR: Provided, further, That to guarantee such compensation, the person authorized to conduct mining operation shall, prior thereto, post a bond with the regional director based on the type of properties, the prevailing prices in and around the area where the mining operations are to be conducted, with surety or sureties satisfactory to the regional director.

ENTRY INTO LANDS sec. 105,


DENR AO 2010-21
The holder(s) of mining right(s) shall not be prevented from entry into its/their contract/mining area(s) for the purposes of exploration, development and/or utilization: Provided, That written notice at its registered address was sent to and duly received by the surface owner of the land, occupant, and concessionaire thereof and that a bond is posted in accordance with sec. 108 hereof. If the surface owner of the land, occupant or concessionaire thereof cannot be found, the permit holder/contractor shall notify the Regional Director concerned, copy furnished the concerned local officials in case of private land or the government agency concerned, attaching a copy of the written notice and a sworn declaration by the holder of mining rights that it had exerted all efforts to locate such surface owner/o/c. Such notice to the RD shall be deemed notice to the surface owner/o/c. In cases where the surface owner/o/c refuses to allow the permit holder entry into the land despite its receipt of the written notice or refuses to receive said written notice or in case of disagreement over such entry, the permit holder shall bring the matter before the Panel of Arbitrators for proper disposition.

Compensation of surface owner or occupant secs. 107, 108


Sec. 107. Any damage done to the property of the surface owner/o/c thereof as a consequence of the mining operations or as a result of the construction or installation of the infrastructure mentioned in Sec. 104 above shall be properly and justly compensated. Such compensation shall be based on the agreement entered into between the holder of mining rights and the surface owner/o/c thereof or where appropriate, in accordance with P.D. No. 512. In case of disagreement or in the absence of an agreement, the matter shall be brought before the Panel of Arbitrators for proper disposition. Sec. 108. In all cases mentioned in the preceding section, the permit holder/contractor shall post a cash or surety bond from an accredited surety with the Regional Office concerned. The amount of the bond shall be agreed upon by the parties. In Carrying capacity the capacity of natural and human
environments to accommodate and absorb change without experiencing conditions of instability and attendant degradation Carrying capacity the capacity of natural and human environments to accommodate and absorb change without experiencing conditions of instability and attendant degradation Carrying capacity the capacity of natural and human environments to accommodate and absorb change without experiencing conditions of instability and attendant degradation

case of disagreement, it shall be determined by the Director for areas inside Mineral Reservations and the Regional Director for areas outside Mineral Reservations based on the type of the land and value of the trees, plants and other existing improvements thereto.

FTAA = SERVICE CONTRACT


[T]he phrase agreements involving either technical or financial assistance, referred to in par. 4, are in fact service contracts. But unlike those of the 1973 variety, the new ones are between foreign corporations acting as contractors on the one hand; and on the other, the government as principal or owner of the works. In the new service contracts, the foreign contractors provide capital. Technology and technical know-how, and managerial expertise in the creation and operation of large-scale mining/extractive enterprises; and the government, through its agencies (DENR, MGB) actively exercises control and supervision over the entire operation. The Constitution allows the continued use of service contracts with foreign corporations as contractors who would invest in and operate and manage extractive enterprises, subject to the full control and supervision of the State sans the abuses of the past regime. The purpose is clear: to develop and utilize our mineral, petroleum and other resources on a large scale for the immediate and tangible benefit of the Filipino people. Justice Minita Chico-Nazario, ponente, Didipio (DESAMA) case

SOCIAL DEVELOPMENT MANAGEMENT PROGRAM SDMP sec. 134, IRR


The Contractor/Permit Holder/Lessee shall assist in the development of the host and neigboring communities in accordance with its SDMP to promote the general welfare of the inhabitants living therein. Host community refers to the barangay(s) where the mining area is located, and neighboring community refers to the barangay(s) adjacent to the host community. The Contractor/PH/L shall allot annually a minimum of 1.5% of the operating costs necessary to implement Subsections (a), (b) and (c) of this Section: Provided, That of this amount, 1.125% shall be apportioned to implement the SDMP in Subsection (a) hereof, .15% for the implementation of the Program for the Development of Mining Technology and Geosciences in Subsection (b) hereof and .225% for the implementation of IEC Program in Subsection (c) hereof: Provided further, That any unspent amount and/or savings, for any given year, allotted for the implementation of the various programs shall be added to the succeeding years allotment and may be re-programmed after consultations with host and neighboring communities. 5 years (sec. 136-B)

Certificate of environmental management and community relations record (CEMCRR) sec. 167-A
A CEMCRR is one of the requirements in the approval of Mineral Agreements, FTAA, quarry or commercial/Industrial Sand and Gravel Permit and MPP. It is the applicants proof of satisfactory environmental management and community relations in its past mineral resource use ventures. The CEMCRR shall be issued by the Regional Office concerned upon compliance with the following: payment of the processing fee; and satisfactory environmental management and community relations record from Regional Office(s) concerned of the MGB and EMB. Xxx A Certificate of Exemption will be issued by the Regional Director concerned, in lieu of the CEMCRR to an applicant with no past mineral resource use or mining related ventures.

ENVIRONMENTAL WORK PROGRAM (EWP) sec. 168 Applicants for Exploration Permits, as well as those for Mineral Agreements
and FTAAs which shall undertake exploration activities, shall submit to the Regional Office(s) concerned an EWP detailing the environmental impact control and rehabilitation activities proposed during the exploration including the costs to enable sufficient financial resources to be allocated to meet the environmental and rehabilitation commitments. The EWP shall provide a description of the expected and considered acceptable impacts and shall set out the environmental protection and enhancement strategies based on best practice in environmental management in mineral exploration. It shall include a statement on post-exploration land use potential for various types of disturbed land and extend to the completion of the commitments in the rehabilitation of the disturbed land in a technically, socially and environmentally competent manner. Xxx The program shall include implementation schedules, system of environmental compliance guarantees, monitoring, reporting and cost provisions. Where proposed practices are unproven, a research program to prove the impact control and rehabilitation technology shall be required.

Environmental Protection and Enhancement Program (EPE) sec. 169


An EPEP provides the operational link between the environmental protection and enhancement commitments under the IRR, as well as those stipulated in the ECC under PD 1586 and the Contractors plan of mining operation. Describes the expected and considered acceptable impacts and shall set out the life-of-mine environmental protection and enhancement strategies based on best practice in environmental management in mining. It shall include a statement on post-mining land use potential for various types of disturbed land (pits, waste dumps, tailings-impounding structures) and extend to the completion of the commitments in the rehabilitation of the disturbed land in a technically, socially and environmentally competent manner. Includes implementation schedules, system of environmental compliance guarantees, monitoring, reporting and cost provisions. Where proposed practices are unproven, a research program to prove the impact control and rehabilitation technology shall be required. 10% of total capital/project cost shall be allocated for initial environmentrelated capital expenditures, or such other amount depending on nature and scale of operations

Mineral resources rehabilitation Plan Contractors and permittees shall technically and biologically rehabilitate the excavated mined-out, tailings covered and disturbed areas to the condition of environmental safety, as may be provided in IRR. sec. 71, RA 7942 The Final Mine Rehabilitation/Decommissioning Plan or Mine Closure Plan shall be integrated in the EPEP shall consider all mine closure scenarios and shall contain cost estimates for the implementation of the FMR/DP to achieve the objectives of mine closure decommissioning, rehabilitation, maintenance and monitoring, and employee and other social costs, including residual care, if necessary over a 10-year period.

Mine waste and Tailings (mwt) Fees Reserve Fund sec. 189
MWT fees shall be collected semiannually from each operating Contractor/PH based on the amounts of mine waste and mill tailings it generated for the said period. Xxx to be used for compensation for damages caused by any mining operations. Xxx for research projects duly approved and deemed necessary for the promotion and furtherance of its objectives.

QUARRY area limits sec. 69,


DENR AO 2010-21
TYPE Sand and gravel, lahar
Marble, granite, construction aggregates Cement raw materials limestone, shale, silica

APPLICANT/HOLDER Individual Corporation/cooperative


Individual Corporation/cooperative Individual Corporation/cooperative

AREA 40 hectares 100 hectares


200 hectares 500 hectares 1,000 hectares 2,000 hectares

More than 1 mining area, requires approval of Sanggunian; Feasibility Study; Work Program

RP vs. Rosemoor Mining and Development Corp., (2004)


A mining license that contravenes a mandatory provision of the law under which it is granted is void. Being a mere privilege, a license does not vest absolute rights in the holder. Thus, without offending the due process and the non-impairment clauses of the constitution, it can be revoked by the State in the public interest. J. Panganiban, ponente

SMALL SCALE MINING

R.A. 7076

SMALL SCALE MINING


definitions, sec. 3
Small scale mining mining activities which rely heavily on manual labor using simple implements and methods and do not use explosives or heavy mining equipment. Small scale miners Filipino citizens who individually or in the company of other Filipino citizens, voluntarily form a cooperative duly licensed by the DENR to engage, under the terms and conditions of a contract in the extraction or removal of minerals or ore-bearing materials from the ground Small scale mining contract co-production, joint venture or mineral production sharing agreement between the State and a small-scale mining contractor for the small-scale utilization of a plot of mineral land.

PROVINCIAL/CITY MINING REGULATORY BOARD FUNCTIONS SEC. 24 a) Declare and segregate existing gold rush areas for small-scale
b) c) d) e) f)

mining Reserve future gold and other mining areas for small-scale mining Award contracts to small-scale miners Formulate and implement rules and regulations related to smallscale mining Settle disputes, conflicts or litigations over conflicting claims within a peoples small scale mining area Perform such other functions as may be necessary to achieve the goals and objectives of this Act

PROVINCIAL/CITY MINING REGULATORY BOARD sec. 25


DENR representative as Chairman
Governor or City Mayor
Big-scale mining representative Small-scale mining representative

NGO

MINING AREAS INSIDE ANCESTRAL landS


No ancestral land may be declared as a peoples small scale mining area without the prior consent of the cultural communities concerned: Provided, That, if ancestral lands are declared as peoples small scale mining areas, the members of the cultural communities therein shall be given priority in the awarding of smallscale mining contracts.
SEC. 7, RA 7076

Right to develop lands and natural resources Indigenous


peoples rights act (IPRA, R.A. 8371), sec. 7(b)
Subject to sec. 56 hereof, right to develop, control and use lands and territories traditionally occupied, owned, or used; to manage and conserve natural resources within the territories and uphold the responsibilities for future generations; to benefit and share the profits from allocation and utilization of the natural resources found therein; the right to negotiate the terms and conditions for the exploration of natural resources in the areas for the purpose of ensuring ecological, environmental protection and the conservation measures, pursuant to national and customary laws; the right to an informed and intelligent participation in the formulation and implementation of any project, government or private, that will affect or impact upon the ancestral domains and to receive just and fair compensation for any damages which they may sustain as a result of the project; and the right to effective measures by the government to prevent any interference with, alienation and encroachment upon these rights.

Pantukan, Compostela Valley site of landslide, small-scale mining community

NATIONAL INTEGRATED PROTECTED AREAS SYSTEM (NIPAS)

R.A. 7586

NIPAS DEFINITIONS, SEC. 4


NIPAS is the classification and administration of all designated protected areas to maintain essential ecological processes and life-support systems, to preserve genetic diversity, to ensure sustainable use of resources found therein, and to maintain their natural conditions to the greatest extent possible; Protected area refers to the identified portions of land and water set aside by reason of their unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation; National park refers to a forest reservation essentially of natural wilderness character which has been withdrawn from settlement, occupancy or any form of exploitation except in conformity with approved management plan and set aside as such exclusively to conserve the area or preserve the scenery, the natural and historic objects, wild animals and plants therein and to provide enjoyment of these features in such areas; Natural park is a relatively large area not materially altered by human activity where extractive resource uses are not allowed and maintained to protect outstanding natural and scenic areas of national or international significance for scientific, educational and recreational use

NIPAS DEFINITIONS, SEC. 4


Protected landscape/seascape are areas of national significance which are characterized by the harmonious interaction of man and land while providing opportunities for public enjoyment through recreation and tourism within the normal lifestyle and economic activity of these areas; Resource reserve is an extensive and relatively isolated and uninhabited area normally with difficult access designated as such to protect natural resources of the area for future use and prevent or contain development activities that could affect the resource pending the establishment of objectives which are based upon appropriate knowledge and planning Strict nature reserve is an area possessing some outstanding ecosystem, features and/or species of flora and fauna of national scientific importance maintained to protect nature and processes in an undisturbed state in order to have ecologically representative examples of the natural environment available for scientific study, environmental monitoring, education, and for the maintenance of genetic resources in a dynamic and evolutionary state; Wildlife sanctuary comprises an area which assures the natural conditions necessary to protect nationally significant species, groups of species, biotic communities or physical features of the environment where these may require specific human manipulation for their perpetuation.

NIPAS - DELARATION OF POLICY, sec. 2


To secure for the Filipino people of present and future generations the perpetual existence of all native plants and animals through the establishment of a comprehensive system of integrated protected areas within the classification of national park as provided for in the Constitution. It is hereby recognized that these areas, although distinct in features, possess common ecological values that may be incorporated into a holistic plan representative of our natural heritage; that effective administration of these areas is possible only through cooperation among national government, local government and concerned private organizations; that the use and enjoyment of these protected areas must be consistent wit the principles of biological diversity and sustainable development. NIPAS shall encompass outstandingly remarkable areas and biologically important public lands that are habitats of rare and endangered species of plants and animals, biogeographic zones and related ecosystems, whether terrestrial, wetland or marine, all of which shall be designated as protected areas.

Protected area management plan


sec. 9
PAMP refers to either the Initial protected Area Plan or the Buffer Pest Fire control General zone manageme Management Plan nt which contains the rationale for the Multiple Biodiversity Habita protected area management t -Use establishment; proposed boundaries including buffer SocioCommuni zones; and economic & Policy ty designation of Scientific organizin developm management zones, g research ent including buffer zones, with purposes, strategies and allowable uses. - DENR AO 2004-32

PACBRMA protected Area Community-Based


Resource Management Agreement
The PACBRMA shall be the tenurial instrument to be issued to the PO in all NIPAS sites, additional and initial components. The PACBRMA shall provide tenurial security and incentives to develop, utilize, manage, conserve and protect CBP (Community-Based Program) areas pursuant to the approved Community Resource Management Plan. Rights and responsibilities agreed to in the contract shall remain in effect during the term of the agreement until its expiry date, unless otherwise modified, rescinded or amended by agreement of the parties. CBP is a program that gives opportunities to organized tenured migrant communities and indigenous peoples to manage, develop, utilize, conserve and protect the resources within the zones of the protected area and buffer zones consistent with the PAMP.

Special Use Agreement in Protected Areas (SAPA) DENR A.O.


2007-17
SAPA allows special uses within protected areas, subject to the issuance of an Environmental Compliance Certificate (ECC) and approval of the DENR Secretary or his representative. Special uses include, but not limited to:

Ecotourism facilities

Camp sites

Communication facilities

Transmission lines

Irrigation canals/waterways

Right of way

Aqua culture

Scientific monitoring stations

Agro-forestry

Forest plantation

PROTECTED AREAS INSIDE ANCESTRAL LANDS SEC. 13, RA 7586


Ancestral lands and customary rights and interest arising shall be accorded due recognition. The DENR shall prescribe rules and regulations to govern ancestral lands within protected areas: Provided, That the DENR shall have no power to evict indigenous communities fro their present occupancy nor resettle them to another area without their consent: Provided, however, That all rules and regulations, whether adversely affecting said communities or not, shall be subjected to notice and hearing to be participated in by members of the concerned indigenous community.

OVERLAPPING ANCESTRAL LANDS & PROTECTED AREAS = harmonized plan joint DENR-NCIP MC No. 2007-01
Based on the resources assessment and/or existing plans, the management plan of the protected area shall be prepared jointly by the Technical Working Group to be created at the regional level of the DENR and NCIP with the participation of the concerned ICCs/Ips. The management plan shall include among others, the objectives, strategies, zoning and allowable resource utilization and committed activities of the stakeholders. In cases where both the Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) and the Protected Area Management Plan (PAMP) on the same land/coverage area are existing, the same shall be reviewed by the TWG concerned to facilitate harmonization of the plans. Where only the ADSDPP exists, it will be enhanced to ensure the protection and conservation of biological diversity, however, in the absence thereof, the community shall formulate a management plan, taking into consideration any existing PAMP, with the assistance of the DENR and NCIP.

OVERLAPPING ANCESTRAL LANDS & PROTECTED AREAS = harmonized plan joint DENR-NCIP MC No. 2007-01
The harmonized plan shall adhere to the existing policies on:
Use of natural resources like wildlife Access to natural resources for family use and sustenance based on established traditions and customs Construction of infrastructure in accordance with EIA Management arrangement and commitment of stakeholders Monitoring and evaluation

Recognition of existing property rights regime

Wildlife Resources and conservation act DEFINITIONS R.A. 9147, sec. 5


Critically endangered species species or subspecies that is facing extremely high risk of extinction in the wild in the immediate future Endangered species species or subspecies that is not critically endangered but whose survival in the wild is unlikely if the causal factors continue operating Threatened species general term to denote species or subspecies considered as critically endangered, endangered, vulnerable or other accepted categories of wildlife whose population is at risk of extinction Vulnerable species species or subspecies that is not critically endangered nor endangered but is under threat from adverse factors throughout their range and is likely to move to the endangered category in the near future Economically important species species or subspecies which have actual or potential value in trade or utilization for commercial purpose

Wildlife Resources and conservation act DEFINITIONS R.A. 9147,


sec. 5
Bioprospecting research, collection and utilization of biological and genetic resources for purposes of applying the knowledge derived there from solely commercial purposes; Captive-breeding/culture or propagation process of producing individuals under controlled conditions or with human intervention; Habitat a place or environment where species of subspecies naturally occur or has naturally established its population Indigenous wildlife species or subspecies of wildlife naturally occurring or has naturally established population in the country Wildlife wild forms and varieties of flora and fauna, in all developmental stages, including those which are in captivity or are being bred or propagated

Wildlife Resources and conservation act declaration of policy R.A.


9147, sec. 2
To conserve the countrys wildlife resources and their habitats for sustainability with the following objectives: a) To conserve and protect wildlife species and their habitats to promote ecological balance and enhance biological diversity b) To regulate the collection and trade of wildlife c) To pursue, with due regard to the national interest, the Philippine commitment to international conventions, protection of wildlife and their habitats; and d) To initiate or support scientific studies o the conservation of biological diversity

Mt. Apo protected area act R.A. 9237


declaration of policy, sec. 2 Considering Mt. Apos aesthetic, economic, cultural and ecological importance and its unique biological resources, it is hereby declared the policy of the State to secure its protection and conservation and those of the indigenous peoples and communities residing therein as well as their culture and way of life. The State shall: a) Ensure the protection and conservation of biodiversity of Mt. Apo through sustainable and participatory development b) Advance, respect and protect the customs and interests of its legitimate inhabitants, migrants and indigenous peoples alike c) Foster partnershi pamong government, NGOs, and POs

PNOC GEOTHERMAL POWER PLANT ON MT. APO


In view of the crucial role of power generation to the national economy, plans and activities of the PNOC geothermal project related to support facilities, back-up or new transmission lines, stabilizing and power-enhancing substations, and other auxiliary support facilities which are vital to the environmental sustainability and energy security of Mindanao shall be implemented within designated buffer zones subject to approval of the Protected Area Management Board (PAMB) and by appropriate government agencies in line with the national mandate on the development of indigenous sources of energy.

MT. APO PAMB


chaired by DENR REGIONAL EXECUTIVE DIRECTOR (RED) R-XI
DENR RED R-XII Governor of No. Cotabato Governor of Davao del Sur Davao City Planning & Development Officer

Cotabato Planning & Development Officer

Davao del Sur Planning & Development Officer

Mayor of Magpet

Mayor of Makilala

Mayor of Kidapawan

Mayor of Bansalan

Mayor of Sta. Cruz

Mayor of Digos

Mayor of Davao City

All Barangay Captains within Mt. Apo Natural Park

3 IP representatives

8 NGOs/POs

National Government representatives to contribute to PA mgt

Other stakeholders

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