Mining Claims operates only to reserve to the registrant exclusive rights to undertake mining activities

upon the land subject of the claim

Abandonment means intent to forsake or actual cessation of work
How do you obtain a mineral claim:register at mines and geosciences bureau.
Requirements for the classification of a land to a mineral land:
1. Mineral Claim
2. Annual work obligation
3. Minerals extracted
4. Positive act from the govt
A mineral claim will not automatically convert a land into a mineral land, there should be an annual
work obligation.
Abandonment means actual work cessation
Mineral reservations areas established by the president strategic raw materials for industries critical to
national development. Certain minerals for scientific, cultural and ecological value
Areas not allowed for mining
1. Military reservations
2. Virgin forest, watershed, forest reserves
3. Areas expressly prohibited by law
Most plausible remedy taking into account the growing complexity in the area it could impose the police
power of the state to set aside EP133 and allow small scale miners to perform their activity
Classification of Minerals
Special Permits or buy existing MPSA there is a current moratorium in releasing an MPSA
Miners association vs Factoran
Main object is to obtain MPSA
Requirements for MPSA because of the capital being funded
1. Check commercial viability of minerals
2. Mining project feasibility
3. Work program
Limitations to transfer of EPs authorization of Sec DENR for the govt to know who is the current owner
of the EP, for proper transfer.
Right of a permitee (EP)
1. right to explore
2. shall be for the exclusive benefit of the permittee
Nat Res
Mining Claim
MPSA
Mineral agreements
Does the govt provide inputs in MPSA, if no what is the extent of participation of the govt in mpsa
The only function of govt in mpsa is the giving of grants govt cannot participate in the day to day
activities. Contactor shall provide financing technology (no inputs)
Co production govt al provides some inputs and as contributions in the operations
Govt still maintains full control and supervision but not in the day to day activities contactor must
observe the law
Which of these 3 agreements does the govt enjoys the greatest participation, - joint venture agreement
provides input and the govt shares profit
Why does the govt has to enter into mpsa and co production whre in they have less participation
Govt may not be financially or technically skilled to carry out mining operations, so that coroparation
may undertake this operations
Who are qualified to undertake mining operations:
Filipino citizen of legal age and has the capacity to contract
Duly organized company engaged in mining activities at least 60% of its capital is owned by a Filipino
citizen
Maximum area purpose of whch is to control regulate utilization exploitation development. Certain
specific are wherein which you can validly operate
Term: how long can you assert or ask for your mineral agreement
25 yrs renewable for another 25 yrs
Can you assign transfer of rights? YES!
Small scale mining rights are not transferrfable
FTAA are service contracts with safeguards large scale mining with 50,000,000 dollar
*Foreign corporations limitations on MPSA limited to Financial technical assistance, only if the project
is a large scale mining.
What are the minerals that can be mined by foreigners? Gold copper nickel with the exception of
cement, raw materials marble granite sand gravel and construction aggregates
Phases of 25 years
Exploration, pre feasibility , feasibility studies , development construction and utilization
Allowing foreign corporations the condition imposed is give preference to Filipino workers
Quarrying means the process of extracting, removing and disposing quarry resources on or underneath
the surface of a private orpublic land.
Large scale quarry sand and gravel ( jurisdiction is vested to the local government)
Quarry permit
Ore transport permit (OTP) - absence of OTP is a prima facie evidence of illegal mining and can be
confiscated by the govt PMRB issues OTP
You cannot sell minerals with prior registration from DTI
Surface rights any damage caused to the surface owners must be given just compensation.
Miners must obtain permission from surface owners.
What are the benefits enjoyed by the surface owners:
Demand payment for damages
Mining operators must seek permission (case of standard ) it was held in aveyance
Pending submission of permission of surface owners: why do you have to seek permission?
Seek permission of surface rights but you c
Right of way you must prove to the court that you have
You could demand as a matter of right . you seek permission and permission was denies unjustifiably
Royalties or incentive to the surface owners .
Violations in mining (people vs abad)
No trial motion to quash no arraignment because of double jeopardy



Small scale mining mining activities that rely heavily on manual labor using simple tools and methods.
It does not involve explosives or heavy equipment
To address growing complexities Philippine small mining act was enacted
There is JC and MPSA and Co Pro to control and regulate small mining activities
How do you become a small miner ?
Register it with provincial or city - under the jurisdiction of the local government
Can you transfer your rights or subcontract with small mining - no because the purpose of the law is to
provide employment. States uplift the economical conditions of the individual.
Terms and conditions:
2 years contract renewable for another 2 years as long as the contractor has complied with the needed
requirements
Rights of the private land owners
FISHERIES:
State Policy
Food security
Exclusive enjoyment of Filipino citizens
Ensure rational and sustainable devt and conservation of the fishery and aquatic resources
To protect the rights of the fisher folk
Fishing the taking of fishery species from their wild state of habitat with or without the use of fishing
vessels
Commercial fishing
Municiapal fishing
Off season for the fish to regenerate
Should you secure permit before going to fish ?if the purpose of fishing is self sustenance
Local government has regulatory power under their police power to effect the regulation,
Municipal fishing and commercial fishing
Fishing taking of fishery species from their wild state of habitat
Municipal Fishing refers to fishing within the municipal waters using fishing vessels of three gross tons
(3) or less, or fishing not requiring a use of fishing vessel
Commercial Fishing the taking of fishery species by passive or active gear for trade, business and profit
beyond subsistence or sports fishing
1. Small scale 3.1 gross tons to 20 gross tons
2. Medium Scale 20.1 gross tons to 150 gross tons
3. Large scale more than 150 gross tons
General Rule: permits need to be secured by the LGU in consultation with the aquatic resources bureau
Secure Permits from :
DAR Phil Coast Guard MARINA
International Fishing fishes caught on international waters are imported fishes except if they are
landed to their designated fishports or else they will be subject to import duties
Fishing Lease Agreements Fish Pens for food security
These are public lands
Foreigners and former natural born citizens are not allowed to secure FLAs
Fingerlings young fish
Violatons of fishing
1. Poaching
2. Fine mesh net
3. Muro ami
4. Coral exploitation
5. Illegal use of super lights

Hizon Vs CA
- Disputable presumption
- Prima facie evidence
Water Code:; for the purpose of utilization, appropriation and exploitation as it is vital to the existence
of people and for the national development
- No need for a permit if it is for domestic purpose
Appropriation of water:
- Domestic
- Municipal
- Irrigation
- Power generation
- Fisheries
- Livestock raising
- Industrial
- Recreational
Who may apply for appropriation? :
1. Filipino Citizen
2. Corporations 60% owned by a Filipino
Rights of a water permittee:
1. Easement or right of way
2. He is the owner or one having the real right over the land upon which he proposes to use water