LEAGUE OF PROVINCES OF THE PHILIPPINES

DIALOGUE ON MINING ISSUES

WITH SEC. NEREUS ACOSTA AND SEC. BEBET GOZON
June 29, 2012
Via Mare Restaurant, Rockwell, Makati City
EXECUTIVE SUMMARY
The dialogue on mining issues with the League of Provinces and Sec. Nereus Acosta
and Sec. Bebet Gozon is an imperative component of the consultative process being
undertaken by the Office of the President in order to harmonize existing laws on mining
not only to reinvigorate the mining industry but more importantly to ensure that local
autonomy is recognized and that the benefits derived from the industry redound to the
upliftment of the lives of the Filipino people affected by the negative effects of an
extractive industry as a whole.
The basic principles highlighted by the Governors, and as enshrined in the Local
Government Code of 1991, the Mining Act of 1995 and the Small-Scale Mining Law are:
1) Clear-cut policies for co-management to protect the environment between
LGUs and the national government with clearly defined parameters, functions
and accountabilities;
2) Prior consultation with LGUs, provinces in particular, before any large-scale
mining agreement between national government and any mining company is
undertaken. This will ensure social acceptability;
3) Just and equitable share from the mining excise taxes.
On the operational side, the following recommendations have been articulated:
1) As per R.A. 7076, the Minahang Bayan or small-scale mining areas shall be
determined, defined and delineated by the DENR in consultation with the
provincial governments;
2) Enact the IRR for the disbursement of the Environmental Rehabilitation Fund.
Rehabilitation must be undertaken at every stage of extraction and not just at the
end of the lifetime of the mining project;
3) Small-Scale Mining shall not exclude the extraction of gold, silver and chromite;
4) A Mining Industry Coordinating Council (MICC) must be established to serve as
an oversight and enforcement superbody for the industry.
5) DENR must draft the IRR of the proposed Executive Order on Mining with the
MICC;
6) Long-term accountability measures must be considered in the proposed E.O. on
mining (i.e. Final Land Use Plans; Perpetual Liabilityetc)

7) Harmonization of the existing provisions in other relevant laws and prospective

application of the EO in relation to the passage of legislative measures such as
the National Comprehensive Land Use Plans, and other relevant measures