Calo, Aimee N.

LLB-I February 27, 2017

E. Relief for Environmental Violations 1. Prohibited Acts

SPKR 1: Hello and good day to all of those who are listening to our special radio segment, Cloud 9.
Today we will be talking about one of the recent topics that weve been hearing a lot lately in the news,
Mining. Now, before we proceed to our discussion let me introduce our guest SPKR 2. Hello, SPKR 2!
How are you?

SPKR 2: Hello, SPKR 1! Im actually doing great and so excited and ready to talk about our topic for
today. Its good to be back here.

SPKR 1: Yes, its really nice to be with you here again. Im not sure if our listeners could still remember
but SPKR 2 was one of our previous guests that talked about the Environmental Plans and Programs
under the General Environmental Requirements of the Mining Act. Anyway, can you tell us what our
topic will be about?

SPKR 2: Of course, our topic will be about on how we legally respond to the impacts of mining
specifically through its Prohibited Acts under the Relief for Environmental Violations.

SPKR 1: As we all know, mining industries are the richest and greatest contributors to our economic
growth ever since the Spanish colonization. With bountiful of natural resources that our country has,
numerous individuals would do their best to reach to the top by violating laws or policies and by causing
environmental destruction due to their thirst and hunger for money, popularity and material objects.
Today, with SPKR 2, we will be mentioning different violations and penalties under the Philippine Mining
Act of 1995. Lets start. First, we have the Grounds for Cancellation, Revocation and Termination of
Mining Permit (MP), Mineral Agreement (MA), or Financial or Technical Assistance Agreement (FTAA).

SPKR 2: The following are the grounds for cancellation, revocation and termination of Mining Permit,
Mineral Agreement, or Financial or Technical Assistance Agreement:
a. Falsehood or omission of facts in the application for Exploration Permit, Mineral Agreement,
Financial or Technical Assistance Agreement, or other permits which may alter, change or affect
substantially the facts set forth in said statements
b. Non-payment of taxes and fees due to the Government for two (2) consecutive years, this also
cancels the re-opening of the subject area to new applicants; and
c. Failure to perform or comply the obligations and/or requirements, including abandonment,
under the permits or agreements;
d. Violation of any of the terms and conditions of the Permits or Agreements; and/ or
e. Violation of existing laws, policies, and rules and regulations
Second, we have the Suspension or Cancellation of Tax Incentives and Credits.
SPKR 1: Failure to abide by the terms and conditions of tax incentive and credits, the Bureau may
suspend or cancel wholly or partially any incentive granted under the rules and regulations for any cause
including the following:
1. Any violation of the Mining Act, Implementing Rules and Regulations (IRR), or of the terms and
conditions in the Mineral Agreement, or Financial or Technical Assistance Agreement;
2. Any material misrepresentation or false statements made to the Bureau at any time before or
after the approval or conclusion of its Mineral Agreement, or Financial or Technical Assistance
Agreement.
Third, we have the Violation of the Terms and Conditions of the Environmental Compliance Certificate
(ECC).

SPKR 2: Any person who willfully violates or grossly neglects to abide by the terms and conditions of the
Environmental Compliance Certificate (ECC) issued to said person and which causes environmental
damage through pollution shall suffer the penalty of imprisonment of six (6) months to six (6) years or a
fine of Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00), or both, at the
discretion of the court. Fourth, we have the Mine Waste and Tailings Fees.

SPKR 1: Filling materials for engineered tailings of dams, roads and housing areas that shall not affect
natural drainage systems as may be so determined by the Committee or his duly authorized
representative, and that those with tailings impoundment or disposal system that were found to have
discharged and/or to be discharging solid fractions of tailings into areas other than the approved tailings
disposal area shall pay P50.00 per Mill Tailings (MT) without prejudice to other penalties and liabilities.
The Contractor, Lessee or Permit Holder shall be subject to under existing laws, rules and regulations
with an amount that shall accrue to the Mine Waste and Tailings (MWT) Reserve Fund. Fifth, we have its
Penalties of Mine Waste and Tailings Fees (MWTF).

SPKR 2: Non-submission of semi-annual reports shall mean non-availment of the exemption from
payment of Mine Waste and Tailings Fees (MWTF) and a penalty of P5,000.00. Failure to comply with
payments of the Mine Waste and Tailings Fees (MWTF) shall mean a ten-percent (10%) surcharge on the
principal amount for every month of delay. The Contractor, Lessee or Permit Holder shall be duty bound
to pay for damages incurred due to previously exempted Mine Waste and Tailings (MWT). Payment for
the Mine Waste and Tailings (MWT) generated which were previously requested for exemption from
payment of fees but were denied based on the verification report, shall be remitted to the Bureau
within sixty (60) calendar days upon receipts of notice. Failure to comply with the said provision shall
mean a ten-percent (10%) surcharge on the principal amount for every month of delay. Sixth, we have
the Application for Compensation for Damages.

SPKR 1: Compensable damages are those damages caused by any mining operations on lives and
personal safety; lands, agricultural crops and forest products, marine life and aquatic resources, cultural
and human resources; and infrastructure and the revegetation and rehabilitation of silted farm lands
and other areas devoted to agriculture and fishing. The following are qualified to apply for
compensation for damages:
 a. Any individual, in the event of loss or damage to his life, personal safety or property;
b. Any private owners of damaged infrastructures, forest products, marine, aquatic and inland
resources;
c. Any applicant or successor-in-interest for damage to private lands who holds title or any
evidence or ownership;
d. Any applicant or successor-in-interest for damage to alienable and disposable lands;
e. Any agricultural lessors, lessees and share tenants for damage to crops; and
f. Any indigenous cultural communities (ICC) in case of damage to burial grounds and cultural
resources.
Provided, that any damage cause to the property of a surface owner, occupant or concessionaire shall
be governed by pertinent provisions. Lastly, we have the Other Violations.

SPKR 2: Any other violation of the Mining Act and its Implementing Rules and Regulation (IRR) shall
constitute an offense punishable with a fine not exceeding Five thousand pesos (P5,000.00).

SPKR 1: Wow, its quite fascinating to actually be able to know the dos and the donts that were made
by our Government. It reflects the hard work that they have given to protect the people and our
environment from the wrath of evil. Do you agree?

SPKR 2: Certainly. Just by looking at all of the listed violations and its penalties, surely we are able to see
that our offenders can be easily identified, and that it provides relief not only for the people but also for
our environment.

SPKR 1: Thank you very much SPKR 2 for sharing all these information with me to our fellow listeners;
and also, thank you to all our listeners, we hope that all of you have learned something from our talk
about the Prohibited Acts of our Mining Act.