Sustainable and responsible mining can be done. Why and How?

First off, we lay down the relevant Constitutional provisions.

Sec 2 of Art. XII of the 1987 Constitution provides, “The President may enter into agreements with
foreign-owned corporations involving either technical or financial assistance for large-scale
exploration, development, and utilization of minerals, petroleum, and other mineral oils according to
the general terms and conditions provided by law, based on real contributions to the economic growth
and general welfare of the country. In such agreements, the State shall promote the development and
use of local scientific and technical resources.”

One of the principles of Constitutional Construction is that the Constitution is to be interpreted as a

whole.

If sustainable mining cannot be done, the Constitution would have contradicted itself. Note that Sec 16
Art. II of the Constitution states, “The State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and harmony of nature.”

If sustainable mining cannot be done, having laid down the right of the people to a balanced and
healthful ecology, the framers should not have included the provisions relevant to mining anymore
because it would be violating the right previously stated.

Sustainable mining is necessary because the Philippines is blessed with so much mineral resources, it
would be a sin not to use them. According to Mines and Geo-Sciences Bureau, the Philippines is well-
endowed with mineral resources from metallic to non-metallic to industrial minerals. Even the off-shore
area is a potential domain for mineral wealth.

Sec 1. Art. XII of the Constitution states, “The goals of the national economy are a more equitable
distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and
services produced by the nation for the benefit of the people; and an expanding productivity as the key
to raising the quality of life for all, especially the under-privileged.”

Sec. 2 of The Philippine Mining Act of 1995 also states, “xxx It shall be the responsibility of the State to
promote their (mineral resource) rational exploration, development, utilization and conservation
through combined efforts of government and the private sector in order to enhance national growth in
a way that effectively safeguards the environment and protect the rights of the affected communities.

“xxx the State control accorded by the Constitution over mining activities assures a proper balancing of
interests. More pointedly, such control will enable the President to demand the best mining practices
and the use of the best available technologies to protect the environment and to rehabilitate mined-out
areas. Indeed, under the Mining Law, the government can ensure the protection of the environment
during and after mining. It can likewise provide for the mechanisms to protect the rights of indigenous
communities, and thereby mold a more socially-responsive, culturally-sensitive and sustainable mining
industry.” “Early on during the launching of the Presidential Mineral Industry Environmental Awards on
February 6, 1997, then President Fidel V. Ramos captured the essence of balanced and sustainable
mining in these words: xxx Against a fragile and finite environment, it is sustainability that holds the key.
In sustainable mining, we take a middle ground where both production and protection goals are
balanced, and where parties-in-interest come to terms.” [La Bugal B’Laan vs , December 2004]
Sustainable mining is beneficial for several reasons:

 General economic benefits on mineral trading.

 Job creation/ employment opportunities- especially in the small-scale mining operations and
even in the large-scale mining, its multiplier effect must be taken into consideration: for every
job generated in mining, four other jobs are created outside it.
 Increase in National and Local Government Income (Income tax, VAT, Royalties, Capital Gains
Tax, etc.)
 Infrastructure Development -In order for the mining companies to efficiently extract and
transport extracted minerals, they would have to create or improve road conditions in the area.
Furthermore, the creation of health facilities, recreational facilities and other infrastructures for
the companies’ employees, can also be accessed by the affected local communities.

Sustainable mining can be done.

The Brundtland Commission ( World Life Issues on Environment and Development) defines
“sustainability, as the ability of the current generation to meet their own needs without compromising
the ability of the future generations to meet their own needs”. Xxx These definitions did not call for
preservation of natural resources, rather it is for a more responsible and sustainable use of them.

Sustainable mining can be characterized as one wherein the “benefits derived from the extraction of
minerals is continuously reinvested in other sustainable undertakings and in community support such as
health services, education, cultures promotion, etc”

In the Philippines, the minerals industry, through RA 7942 or the Philippine Mining Act of 1995 adheres
to the Brundtland Commission’s definition of sustainable development. Furthermore, it is envisioned
that the minerals industry “shall alleviate rather than depress the economic conditions in the
countryside; increase rather than decrease our mineral base through continuing mineral exploration;
enhance rather than degrade the environment by managing the impacts of mining activities and the
rehabilitation of mining affected lands to a productive state after mining and lengthen, through
recycling and substitution, the usable life of mineral resources”.

The Philippine Mining Act specifies the authorities and their roles for sustainable mining to be possible.
Mineral agreements, Financial or Technical Assistance Agreement and specific permits (such as
exploration permit, quarry permit, industrial sand and gravel permit, etc.) are to be a granted only to
duly qualified persons/organizations. Subject to monitoring of compliance on the terms and conditions
of the agreements and review on any possible violations of the law.
http://mgb.gov.ph/2015-05-13-02-04-38#what-is-mining

FREQUENTLY ASKED QUESTIONS

Can mining and environmental protection co-exist?
Yes, responsible mining and environmental protection can co-exist. Modern and responsible mining does
not destroy the environment; it just alters it to another land use. The future use of the land after mining is
designed and planned even before mining starts. The government also requires that mining contractors
institute an Environmental Protection and Enhancement Program before the mining operation starts in
order to protect the environment.

How can the Mining Act safeguard the environment?

The Mining Act and its Revised Implementing Rules and Regulations, DENR AO 96-40, as amended,
requires that an Environmental Protection and Enhancement Program covering the period of the mineral
agreement or permit be prepared and approved prior to commencement of mining or exploration. The
environmental program shall be incorporated in the work program which the contractor or permittee shall
submit as an accompanying document to the application for a mining permit or exploration permit. The
work program shall include not only plans relative to mining operations but also to rehabilitation,
regeneration, revegetation and reforestation of mineralized areas, slope stabilization of mined-out and
tailings covered areas, aquaculture, watershed development and water conservation; and socioeconomic
development.

Who monitors the compliance of these environmental programs?

To ensure compliance of approved environmental programs, Multipartite Monitoring Teams (MMT) are
created to monitor their implementation. The expenses for such monitoring activities are charged to the
Monitoring Trust Fund that the Contractor is required to setup. The MMT is composed of representatives
from the environmental NGO; the affected communities; the affected Indigenous Cultural Community(ies),
if any; the Contractor; from the DENR-Regional Office concerned and the representative of the Mines and
Geosciences Bureau-Regional Office as Head.

Does the Mines and Geosciences Bureau (MGB) have the technical capability to audit the
environmental management and social development compliances of the mining companies?
Yes, the MGB has the technical capability to monitor the environmental management and social
development compliances of mining companies. Most of the technical staff has ample training in
environmental and social sciences from Australia, Japan, Netherlands, France or Sweden. Also, the MGB
is equipped with a modern laboratory and field equipment for on-site analysis.

What makes the present law better than the old Mining Law?

The Mining Act of 1995 and its Revised Implementing Rules and Regulations, DAO 96-40, as
amended ensures that environmental conditions are sustained over the life of the mine. The
minimum environmental requirements are the implementation of the following:

1. Environmental Work Program (EnWP) – addresses any potential disturbance during the
exploration stage.
2. Environmental Compliance Certificate (ECC) – should be secured prior to the
development and construction of the mine.
3. Environmental Protection and Enhancement Program (EPEP) – the document that
details the methods and procedures the company will use in attaining its environmental
protection and management objectives over the life-of-the-mine.
4. Annual Environmental Protection and Enhancement Program (AEPEP) – based on the
pproved EPEP to implement progressive rehabilitation measures.
5. Final Mine Rehabilitation/Decommissioning Plan ( FMR/DP) – submitted together with
the EPEP before the start of mining operation, ensures that all disturbed areas will be
restored, as near, as possible to its original state or to a pre-agreed productive end-use.
6. In addition, the mining/exploration permit applicant is required to secure a Certificate of
Satisfactory Environmental Management and Community Relations Record.