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B. Organizational Structure
09. Authority of the Department
DENR – primary agency responsible for the conservation, management, development and
proper use of State’s mineral resources
Secretary – authority to enter into mineral agreements on behalf of the government;
promulgate rules and regulations
a. Validity of administrative orders issued by the Department Secretary
b. Role of local governments
i. Ensure that relevant laws are complied with
ii. To approve application for small-scale mining not exceeding 5 hectares
iii. To receive their share in generated wealth from utilization of mineral resources
iv. To facilitate process by which the community shall reach an informed decision on social
acceptability of a mining project
v. To participate in monitoring mining activity
vi. To participate as member of Mine Rehabilitation Fund Committee
vii. To be the recipient of social infrastructure and community development projects
viii. To act as meditator between indigenous cultural communities and the contractors
ix. To coordinate with the Department and Bureau in the implementation of the Act and the
implementing rules and regulations in their jurisdictions
x. To perform other powers and functions
Doctrine of Primary Jurisdiction - is a judicial doctrine whereby a court tends to favor allowing an
agency an initial opportunity to decide an issue in a case in which the court and the agency have
concurrent jurisdiction
D. Exploration permit
SECTION 20
Exploration permit – grants the right to conduct exploration of all minerals in specified areas
Granted by the Bureau
SECTION 24
A permit holder shall file with the Bureau a declaration of mining project feasibility accompanied by a
work program fro development for approval.
K. Surface Rights
27. Easement rights
Section 75 of R.A. 7942
For purposes of more convenient mining operations, it is necessary to build, construct or
install infrastructure
28. Entry into lands
Section 76 of R.A. 7942
Holders of mining rights shall not be prevented from entry into private lands and concession
areas
Any damage shall done to the property shall be properly compensated
To guarantee compensation, person authorized to conduct mining operations shall post a
bond with the regional director based on the type of properties, the prevailing prices in and
around the area
a. Historical background of Section 76
First found in Section 27 of CA No. 137 (November 7, 1936)
Prospector shall first apply in writing for written permission of the private owner,
claimant, or holder
Failure to unanimously agree on amount of compensation, all questions shall be
determined by RTC
Section 12 of PD No. 463
“The Mineral Resources Development Decree of 1974”
A person who desired to conduct mining operations shall obtain written permission from
the government for public lands or owner of private lands
In case permission is denied, the Director may intercede with the owner or possessor of
the lands
If intercession fails, interested person may bring suit in RTC
b. Section 76 constitutes compensable “taking” for public use
c. Determination of compensation by the Panel of Arbitrators is only preliminary
L. Transport of Mineral/Mineral Products and Confiscation, Seizure, and Disposition of Illegally-sourced
Mineral/ Mineral Products
All transports must be accompanied by an ore transport permit
N. Government Share
Excise Tax on Mineral Products