National Integrated Protected Areas

System (NIPAS) and provisions of the

Local Government Code, Indigenous
Peoples’ Rights Act and Mining Act
relevant to protected areas

Atty. Grizelda “Gerthie” Mayo-Anda

Founding Executive Director
Environmental Legal Assistance Center, Inc. (ELAC)
 Protected Areas
Governance
(NIPAS, LGC,
IPRA)

Zone Management
Enforcement
(NIPAS, LGC, IPRA,
(NIPAS, LGC, IPRA)
Mining Act)

Community Rights
(NIPAS, IPRA)
 Protected Area
• IUCN: “an area of land and/or sea especially dedicated
to the protection and maintenance of biological
diversity, and of natural and associated cultural
resources, and managed through legal or other
effective means”. (adopted by NIPAS law)
• Convention on Biological Diversity (CBD) defines it as
“a geographically defined area which is designated or
regulated and managed to achieve specific
conservation objectives”.
• The two definitions are not in conflict, although the
IUCN one refers more directly to the economic
(“resources”) and cultural aspects of conservation.
 National Integrated Protected Areas System (NIPAS)
of 1992: RA 7586
• A landmark legislation that
provides for the
classification and
administration of all
designated protected
areas ---
(i) to maintain essential
ecological processes and
life-support systems
(ii) to preserve genetic
diversity, to ensure
sustainable use of resources
found therein
(iii) to maintain their natural
conditions to the greatest
extent possible
 NIPAS Policy Declaration
• Rationale: critical importance of
protecting and maintaining the
natural biological and physical of
diversities of the environment
notably on areas with
biologically unique features to
sustain human life and
development, as well as plant
and animal life
• Policy: secure the perpetual
existence of all native plants and
animals
 Principles: use and enjoyment of
protected areas must be
consistent with the principles of
biological diversity and
sustainable development
 Protected Area (PA)
• Identified portion of land
and water
• Set aside by reasons of its
unique physical and
biological significance
• Managed to enhance
biological diversity and
• Protected against
destructive human
exploitation
 Categories of Protected Areas
1. Strict nature reserve
2. Natural Park
3. Natural monument
4. Wildlife sanctuary
5. Protected landscape & seascape
6. Resource reserve
7. Natural biotic area
8. Other categories established by law, conventions or
international agreements which the Phil.
Government is a signatory
Mt. Mantalingahan Protected Landscape (MMPL)
Watersheds

2 micro watersheds (<1000

hectares)
21 small watersheds (1000
to 10,000 hectares)
10 medium-sized
watersheds (>10,000 to
50,000 has.): Pulot,
Tigaplan, Mambalot-
Pilantropia, Iwahig, Ilog,
Malambunga, Iraan,
Culasian, Lamikan,
Panitian)
• Key Biodiversity Areas (KBAs) are “sites of global
significance for biodiversity conservation,
identified using globally standard criteria and
thresholds, based on the needs of biodiversity
requiring safeguard at the site scale. “
• Identified for threatened amphibians,
mammals, birds, reptiles, and freshwater fish,
as well as for restricted-range and
congregatory birds, using confirmed locality
data for each target species.
• 51 sites have been identified as Candidate
KBAs, or research priorities; if additional data
or surveys confirm the presence of target
species within these sites, they too will
become priorities for conservation action
(KBAs). (Credit: Conservation International)
 E.O. 578
Establishing the
National Policy on
Biological Diversity
throughout the
country…
Sec. 3
…establishment of
critical habitats within
Key Biodiversity Areas
(KBAs)…
128 Key
Biodiversity Areas
in the Philippines
(Credit: Conservation International)
 Victoria-Anepahan Mountain
Range

Forest change
and distribution of
key species of
birds
 Key Features of the NIPAS Act
• Process legislation
• Definition and allocation of management
authority
• Recognition of community rights
• Prohibitions and penalties and special
prosecutors
 NIPAS: RA 7586
• NIPAS is a process
legislation in that it
defines a mechanism by
which the national park
system will be governed
more realistically, using
biodiversity principles,
site specific
management strategies
and public
participation.
 Process of PA establishment
1. Preparation and Compilation of maps/technical
descriptions
2. Conduct of initial screening (Protected Area
Suitability Assessment or PASA)
3. Public notification
4. Initial Consultation on PASA
5. Census and registration of PA occupants;
Public Consultation
6. Resources profiling (RBI)
 Process of PA establishment
7. Preparation of initial PA Plan
8. Public Hearing
9. Regional review and recommendation
10. National review and recommendation
11. Presidential proclamation
12. Congressional action
13. Boundary demarcation
Legislated Protected Areas
Northern Sierra Madre Natural Park R.A 9125 4/22/01 359,486
Mt. Kanlaon Natural Park R.A 9154 8/11/01 24,388
Sagay Protected Landscape and Seascape R.A 9106 4/14/01 32,000
Mt. Kitanglad Natural Park R.A 8978 11/9/00 31,235
Mt. Apo Natural Park R.A. 9237 3-Feb-04 72,813.59
Batanes Protected Landscape and Seascape R.A. 8991 1/5/01 213,578
Mt. Hamiguitan Range Wildlife Sanctuary R.A. 9303 30-Jul-04 6,834.00

Mt. Malindang Range Natural Park R.A. 9304 30-Jul-04 34,694

Mt. Banahaw San Cristobal R.A. 9847 11 Dec 09 10,900.59

Central Cebu Protected Landscape RA 9486 7-Jun-07 29,062.00

Mimbilisan Protected Landscape RA 9494 66.00

Tubbataha Reefs Natural Park RA 10067 6-Apr-10 97,030.00

 NIPAS: RA 7586
• The NIPAS Act does not
intend to be the
primary governing
mechanism for each
protected area. Instead,
it gives Congress the
responsibility of
constituting the final
act which will establish
an initial component as
a protected area.
• Implementing
Mechanism: Protected
Area Management
Board (PAMB)
 Composition of the PAMB, Membership
• DENR Regional Executive Director (RED) under whose jurisdiction
the site lies
• one (1) representative from the autonomous regional
government, if applicable
• Provincial Development Officer of each province with territory
within the PA
• one (1) representative from the municipal government within the
PA (designated by the head of the LGU)
• one (1) representative from each barangay within the PA
• one (1) representative from each tribal community residing within
the PA
• at least (3) representatives from NGOs/local community
organizations
• one (1) representative from the other departments or national
government agencies involved in PA management
 Stages in PAMB Organization
Stage 1 – Interim PAMB for identified initial
NIPAS components
Stage 2 – Proclamation PAMB which is instituted
after the issuance of a Presidential Proclamation
Stage 3 – Management Board (MB) with site-
specific names, eg. Mt. Kanlaon Natural Park
Management Board
 PAMB functions and
responsibilities
1. Regulatory/rule-making function – include
those related with the enforcement of laws
2. Managerial function: include financial
administration, planning and general oversight
of the PA management
3. Policy-making/Monitoring function: PAMB is
vested with authority to participate as an
approval mechanism in the planning process
for the PA
 NIPAS Innovations
• Environmental Impact Assessment (EIA) for
activities outside the scope of the
Management Plan
• Exploitation and utilization of energy
resources need Congressional approval
• Field Officers may be deputized by the DENR
upon PAMB recommendation
• Special Prosecutors
 General Management Planning
Strategy (GMPS)
• General Requirements for Management Planning
• Inter-Disciplinary Team Approach (Regional Level)
• Coordination
• Data and Information Management Systems
• Protected Area Management Planning Process
• Issues, Management Concerns, Resource Use Opportunities
• Development of Goals
• Data Inventory and Information Collection
• Analysis of Management Situation
• Formulation of Management Plans
• Selection of Alternatives
• Monitoring and Evaluation
 Integrated Protected Areas Fund
(IPAF)
• Taxes from permitted sale and export of flora and
fauna and other resources from PA
• Proceeds from lease of multiple use areas
• Contributions from industries and facilities
directly benefiting from the protected area
• Such other fees and incomes derived from the
operation of the protected area
 Community Rights
Tenured Migrant Communities
– Protected Area Community Based Resource
Management Agreement (PACBRMA)
Indigenous Cultural Communities/Indigenous
Peoples (ICCs/IPs)
– Certificate of Ancestral Domain Title (CADT)
 Prohibited Acts
Violations Penalty Evidence
Hunting, destroying, - Fine: P5,000 to P500,000 exclusive - Complaint-affidavit of
disturbing or mere of the value of the thing damaged or law enforcer, park
possession of any - Imprisonment: one (1) year to six superintendent or staff
plants or animals or (6) years or both, as determined by - Judicial affidavit of
products derived the court witness/es
therefrom without a - Rehabilitation, restoration or - Seizure receipt
permit from the compensation for the restoration of - Inventory report
Protected Area the damage - Apprehension report (in
Management Board - Eviction of the offender from the case of arrest)
(PAMB) land and the forfeiture in favor of the - Certification from PAMB
gov’t of all minerals, timber or any on the absence of
species collected or removed permit
including all equipment, devices and - Photographs
firearms used in connection with the
illegal act, any construction or
improvement made by the offender
- Administrative fines
(Photo by Philippine Tropical Forest
Conservation Foundation or PTFCF)
(Photo by
Philippine Tropical
Forest
Conservation
Foundation or
PTFCF)
 Prohibited Acts
Violations Penalty Evidence
Dumping of any - Fine: P5,000 to P500,000 exclusive - Complaint-affidavit of
waste products of the value of the thing damaged or law enforcer, park
detriment to the - Imprisonment: one (1) year to six (6) superintendent or staff
protected area or to years or both, as determined by the - Judicial affidavit of
the plants or court witness/es
animals or - Rehabilitation, restoration or - Seizure receipt
inhabitants therein compensation for the restoration of - Inventory report
the damage - Apprehension report (in
- Eviction of the offender from the case of arrest)
land and the forfeiture in favor of the - Certification from the
gov’t of all minerals, timber or any DENR, PAMB or expert
species collected or removed on the detrimental
including all equipment, devices and effect of the waste
firearms used in connection with the - Photographs
illegal act, any construction or
improvement made by the offender
- Administrative fines
 Prohibited Acts
Violations Penalty Evidence
Use of any - Fine: P5,000 to P500,000 exclusive of - Complaint-affidavit of
motorized the value of the thing damaged or law enforcer, park
equipment without - Imprisonment: one (1) year to six (6) superintendent or staff
a permit from the years or both, as determined by the - Judicial affidavit of
PAMB court witness/es
- Rehabilitation, restoration or - Seizure receipt
compensation for the restoration of - Inventory report
the damage - Apprehension report (in
- Eviction of the offender from the case of arrest)
land and the forfeiture in favor of the - Certification from the
gov’t of all minerals, timber or any PAMB on the
species collected or removed including unauthorized use of the
all equipment, devices and firearms motorized equipment
used in connection with the illegal act, inside the protected
any construction or improvement area
made by the offender - Photographs
- Administrative fines
 Prohibited Acts
Violations Penalty Evidence
Mutilating, defacing - Fine: P5,000 to P500,000 exclusive - Complaint-affidavit of
or destroying objects of the value of the thing damaged or law enforcer, park
of natural beauty or - Imprisonment: one (1) year to six superintendent or staff
objects of interest to (6) years or both, as determined by - Judicial affidavit of
cultural communities the court witness/es
(of scenic value) - Rehabilitation, restoration or - Report by park ranger
compensation for the restoration of or PAMB on the
the damage mutilation or
- Eviction of the offender from the destruction
land and the forfeiture in favor of the - Apprehension report (in
gov’t of all minerals, timber or any case of arrest)
species collected or removed - Photographs
including all equipment, devices and
firearms used in connection with the
illegal act, any construction or
improvement made by the offender
- Administrative fines
 Prohibited Acts
Violations Penalty Evidence
Damaging and - Fine: P5,000 to P500,000 exclusive of - Complaint-affidavit of
leaving roads and the value of the thing damaged or law enforcer/park
trails in a - Imprisonment: one (1) year to six (6) superintendent
damaged years or both, as determined by the - Judicial affidavit of
condition court witness/es
- Rehabilitation, restoration or - Report by park
compensation for the restoration of the superintendent or staff
damage on the damaged roads
- Eviction of the offender from the land and trails Apprehension
and the forfeiture in favor of the gov’t of report (in case of arrest)
all minerals, timber or any species - Photographs
collected or removed including all
equipment, devices and firearms used in
connection with the illegal act, any
construction or improvement made by
the offender
- Administrative fines
 Prohibited Acts
Violations Penalty Evidence
Squatting, mineral - Fine: P5,000 to P500,000 exclusive of - Complaint-affidavit of
locating, the value of the thing damaged or law enforcer/park
otherwise - Imprisonment: one (1) year to six (6) superintendent
occupying any years or both, as determined by the - Judicial affidavit of
land court witness/es
- Rehabilitation, restoration or - Report by park
compensation for the restoration of the superintendent or staff
damage on the damaged roads
- Eviction of the offender from the land and trails Apprehension
and the forfeiture in favor of the gov’t of report (in case of arrest)
all minerals, timber or any species - Photographs
collected or removed including all
equipment, devices and firearms used in
connection with the illegal act, any
construction or improvement made by
the offender
- Administrative fines
 Prohibited Acts
Violations Penalty Evidence
Constructing or - Fine: P5,000 to P500,000 exclusive - Complaint-affidavit of
maintaining any kind of the value of the thing damaged or law enforcer/park
of structure, fence - Imprisonment: one (1) year to six (6) superintendent
or enclosures, years or both, as determined by the - Judicial affidavit of
conducting any court witness/es
business enterprise - Rehabilitation, restoration or - Report by park
without a permit compensation for the restoration of superintendent or staff
the damage on the damaged roads
- Eviction of the offender from the and trails Apprehension
land and the forfeiture in favor of the report (in case of arrest)
gov’t of all minerals, timber or any - Photographs
species collected or removed
including all equipment, devices and
firearms used in connection with the
illegal act, any construction or
improvement made by the offender
- Administrative fines
 Prohibited Acts
Violations Penalty Evidence
Leaving in exposed - Fine: P5,000 to P500,000 exclusive of - Complaint-affidavit of
and unsanitary the value of the thing damaged or law enforcer/park
conditions refuse or - Imprisonment: one (1) year to six (6) superintendent
debris or depositing years or both, as determined by the - Judicial affidavit of
in ground or in court witness/es
bodies of water - Rehabilitation, restoration or - Report by park
compensation for the restoration of superintendent or staff
the damage on the damaged roads
- Eviction of the offender from the and trails Apprehension
land and the forfeiture in favor of the report (in case of arrest)
gov’t of all minerals, timber or any - Photographs
species collected or removed including
all equipment, devices and firearms
used in connection with the illegal act,
any construction or improvement
made by the offender
- Administrative fines
 Prohibited Acts
Violations Penalty Evidence

Altering, removing - Fine: P5,000 to P500,000 exclusive of - Complaint-affidavit of

or defacing the value of the thing damaged or law enforcer/park
boundary marks or - Imprisonment: one (1) year to six (6) superintendent
signs years or both, as determined by the - Judicial affidavit of
court witness/es
- Rehabilitation, restoration or - Report by park
compensation for the restoration of the superintendent or staff
damage on the damaged roads
- Eviction of the offender from the land and trails Apprehension
and the forfeiture in favor of the gov’t of report (in case of arrest)
all minerals, timber or any species - Photographs
collected or removed including all
equipment, devices and firearms used in
connection with the illegal act, any
construction or improvement made by
the offender
- Administrative fines
LOCAL GOVERNMENT CODE (RA
7160)
 LGC Policy/Objective
 genuine and meaningful local autonomy to enable local
government units (LGUs) them to attain their fullest
development as self-reliant communities
 decentralization whereby local government units shall be
given more powers, authority, responsibilities, and resources
 ensure the accountability of local government units
 conduct periodic consultations with appropriate local
government units, non-governmental and people's
organizations, and other concerned sectors of the community
before any project or program is implemented in their
respective jurisdictions.
 LOCAL GOVERNMENT CODE
– Concretizes the constitutional policy on
government decentralization and
democratization
– Provides for the devolution of some
environmental and natural resource management
functions from the Department of Environment
and Natural Resources (DENR) to the Local
Government Units (LGUs)
– In the area of coastal resource management, the
LGC gives primary management responsibilities
to local government units.
 Devolved Functions
(DAO 30, s. 1992)
3.2. Protected Areas and Wildlife
(a) Establishment, protection and maintenance of tree parks,
greenbelts and other tourist attractions in areas identified
and delineated by the DENR xxxx
(b) Except export and import, regulation of flora outside
protected areas including industries and businesses engaged
in their propagation and development, such as orchidaria
and nurseries xxxx
(c) Implementation of the Rehabilitation in Conservation
Hotspots (RICH) and the Conservation of Rare and
Endangered Species (CARE) activities in areas identified and
delineated by the DENR
 Local Government Code
– Greater fiscal autonomy through various powers to
levy certain taxes, fees or charges
– People’s direct participation in the planning and
implementation of resource management plans
– Obliges national agencies or government-owned
or controlled corporations to consult with the local
government units, non-governmental
organizations and other sectors concerned
– Tano, et al. vs. Socrates, et al. (GR 110249, Aug 21,
1997) – emphasized the general welfare clause of
the LGC
 Mandate of Local Officials
• Local Government Code (RA 7160)
– Policy Making and Regulation
– Environmental Protection and Conservation
– Land and Resource Use
– Enforcement
– Education and Mobilization
• PD 1160 (Deputization of Barangay Officials as
Pollution Control and Environmental Protection
Officers)
 Promotion of General Welfare
“Every local government unit shall exercise the powers expressly
granted, those necessarily implied therefrom, as well as powers
necessary, appropriate or incidental for its efficient and effective
governance, and those which are essential to the promotion of the
general welfare. Within their respective territorial jurisdictions, local
government units shall ensure and support, among other things, the
preservation and enrichment of culture, promote health and safety,
enhance the right of the people to a balanced ecology, encourage and
support the development of appropriate and self-reliant, scientific and
technological capabilities, improve public morals, enhance economic
prosperity and social justice, promote full employment among their
residents, maintain peace and order and preserve the comfort and
convenience of their inhabitants.” (Section 16, RA 7160)
 Police Power of LGUs
• Police power is the power to prescribe regulations to promote
health, morals, peace, education, good, order or safety and
general welfare of the people. The police power of a
municipal corporation is broad.
• “It extends to all the great public needs, and, in a broad sense,
includes all legislation and almost every function of the
municipal government. It covers a wide scope of subjects,
and, while it is especially occupied with whatever affects the
peace, security, health, morals and general welfare of the
community, it is not limited thereto, but is broadened to deal
with conditions which exists so as to bring out of them the
greatest welfare of the people by promoting public
convenience or general prosperity.” (Binay vs. Domingo, 204
SCRA 508, 1991)
 Tano, et al. vs. Socrates, et al. (1997):
Emphasis on Powers of Local
Government Units
“Section 5(c) of the LGC explicitly mandates that the general welfare
provisions of the LGC "shall be liberally interpreted to give more
powers to the local government units in accelerating economic
development and upgrading the quality of life for the people of the
community. Xxxx Further, the sangguniang bayan, the sangguniang
panlungsod and the sangguniang panlalawigan are directed to enact
ordinances for the general welfare of the municipality and its
inhabitants, which shall include, inter alia, ordinances that "[p]rotect
the environment and impose appropriate penalties for acts which
endanger the environment such as dynamite fishing and other forms
of destructive fishing . . . and such other activities which result in
pollution, acceleration of eutrophication of rivers and lakes,
or of ecological imbalance." Tano vs. Socrates (G.R. No. 110249
August 21, 1997)
 Tano vs. Socrates
• Finally, the centerpiece of LGC is the system of decentralization
as expressly mandated by the Constitution. Indispensable to
decentralization is devolution and the LGC expressly provides
that "[a]ny provision on a power of a local government unit
shall be liberally interpreted in its favor, and in case of doubt,
any question thereon shall be resolved in favor of devolution of
powers and of the lower local government unit. Any fair
and reasonable doubt as to the existence of the power shall be
interpreted in favor of the local government unit concerned."
• Devolution refers to the act by which the National Government
confers power and authority upon the various local
government units to perform specific functions and
responsibilities.
 Consultation mechanisms in
governance
Section 2. Declaration of policy --- xxx
(c) It is likewise the policy of the State to require
all national agencies and offices to conduct
periodic consultations with appropriate local
government units, nongovernment and people’s
organizations, and other concerned sectors of
the community before any project or program is
implemented in their respective jurisdictions.
 Required Consultations and LGU Approval

Section 26: National government agencies and

government-owned or controlled corporations
(GOCCs) are required to consult with local
government units (LGUs), non-government
organizations (NGOs) and concerned sectors
regarding “any project or program that may cause
pollution, climatic change, depletion of non-
renewable resources, loss of crop land, rangeland
or forest cover, and extinction of animal or plant
species”.
 Required Consultations and LGU
Approval
Section 27: The project or program may not be
implemented without prior consultation with
the LGU and community, and prior approval of
the concerned Sanggunian
 NIPAS and LGC
• Concurrent Jurisdiction of PAMB and LGUs
– Representation of LGU in the PAMB ensures the
harmonization of local government plans and
policies in the implementation of the NIPAS.
– Establishment of a PA does not take out said area
from the territorial jurisdiction of the LGU.
– NIPAS law does not override the functions/powers
of the Sangguniang Bayan.
– Ordinances supplement the powers and duties
vested with the PAMB.
 Concurrent Jurisdiction of PAMB
and LGUs
• Conflicts/overlaps in the subject matter may
be decided depending on the purpose of each
entity in doing the act. It will be based on a
case-to-case determination when the conflict
arises. (Primer on PA, Tanggol Kalikasan-
Haribon)
• The primary jurisdiction of LGUS over their
municipal waters excludes protected areas
(e.g. Tubbataha and Malampaya) as these are
covered by NIPAS or RA 7586
 Remedies against Local Officials
Violation Elements Penalty
1. Article 208,  Any public officer of the  Prision
Revised Penal law correctional in
Code (Negligence  In dereliction of the its minimum
& Tolerance) duties of his office period;
 Maliciously refrains  Suspension
from instituting from service
prosecution for the
punishment of violators
of the law, or shall
tolerate the commission
of the offense
 Violation Elements
2. Section 3(f) of  Any public officer
Remedies against Local Officials
Anti-Graft and  Neglecting or refusing to act
Corrupt Practices within a reasonable time
 On any matter pending
(note: file before before him
Ombudsman)  For the purpose of
obtaining, directly or
indirectly, from any person
interested in the matter some  Forfeiture or
pecuniary or material
benefit or advantage, or for
the purpose of favoring his
own interest or giving undue
advantage in favor of or
discriminating against any
other interested party.
Penalty
 Imprisonment for
not less than 6
years and 1 month
nor more than 15
years;
 Perpetual
disqualification
from public office;
confiscation in
favor of the
government any
prohibited interest
and unexplained
wealth manifestly
out of proportion
of his salary and
other lawful
income
 Violation Elements Penalty
3. Section 5(d) of  Public official or personnel  Fine not exceeding
Remedies against Local Officials
R.A. 6713 or the
Code of Conduct
 Who did not act upon any
request or complaint from any
the equivalent of 6
months salary or
and Ethical person suspension not
Standards for exceeding 1 year or
Public Officials removal depending
and Employees on the gravity of the
offense (If the act is
(file before punishable by a
Ombudsman; heavier penalty under
See Anti-Red Tape another law, he shall
Act or ARTA) be prosecuted under
the latter statue).
4. Section 60, RA  Local official  Reprimand, Warning
7160, Local  Some grounds: abuse  Suspension
Government Code of authority, ignorance of  Termination from
the law, negligence, culpable public office (Office
(file either before violation of the constitution, of the President, by
Municipal Council unexcused absences court)
or Provincial
Board)
INDIGENOUS PEOPLES’ RIGHTS ACT
(IPRA, RA 8371)
 IPRA
• Concretized the constitutional provisions respecting
the rights of Indigenous Peoples/Indigenous Cultural
Communities (IPs/ICCs).
• Recognizes the ownership of IPs/ICCs over their
ancestral lands/domains and basically deals with the
civil, political, social, cultural and tenurial rights of
IPs/ICCs.
• Responsible agency: NCIP (National Commission on
Indigenous Peoples)
 IPRA law

• Cruz and Europa vs. NCIP

[G.R. No. 135385. December
6, 2000] – constitutionality of
IPRA was questioned; but
since the votes were equally
divided (7 to 7) and the
necessary majority was not
obtained; accordingly,
pursuant to Rule 56, Section
7 of the Rules of Civil
Procedure, the petition was
dismissed
 IPRA
• Native Title: Pre-conquest rights to lands and
domains, when, as far back as memory reaches, have
been held under a claim of private ownership by IPs
have never been public lands
• Recognizes and Protects the Rights of Indigenous
Peoples to:
Ancestral Domains and Ancestral Lands
 Self Governance and Empowerment
 Social Justice and Human Rights
 Cultural Integrity
 Rights to Ancestral Domains
• includes rights of ownership, right to develop land and
natural resources (develop, control, use lands and
territories, manage and conserve natural resources,
benefit from the profits of natural resource utilization,
participation in the formulation and implementation of
plans and projects that impacts AD, compensation in
case of damages) , right to stay in the territories, rights
in case of displacement, right to regulate entry of
migrants, right to safe and clean air and water, right to
claim parts of reservations, right to resolve conflict in
accordance with customary law
 Mechanisms under the IPRA

• Certificate of Ancestral Domain Title/

Certificate of Ancestral Land Title (CADT/CALT)
• Free, Prior and Informed Consent (FPIC)
• IP Mandatory Representatives in Local
Legislative Councils
 NIPAS and IPRA
• NIPAS recognizes and respects native title
– “Ancestral lands and customary rights and
interests shall be accorded due recognition. xxx
Provided the DENR shall have no power to evict
indigenous communities xxx without their consent
xxx.” (Section 13, RA 7586)
• FPIC guidelines - NCIP Administrative Order No. 3
Series of 2012 or the Revised Guidelines on Free and
Prior Informed Consent (FPIC) and related processes
of 2012
 Indigenous and Community
Conserved Areas (ICCAs)
• ICCAs are natural and/or
modified ecosystems
containing significant
biodiversity values, ecological
services and cultural values,
voluntarily conserved
by Indigenous peoples and
local communities through
customary laws or other
effective means.
 ICCA important features
• One or more communities closely relate to the ecosystems and
species culturally and/or because of survival and dependence for
livelihood.
• The community management decisions and efforts lead to the
conservation of habitats, species, ecological services and
associated cultural values, although the conscious objective of
management may be different (e.g., livelihood, water security,
safeguarding of cultural and spiritual places).
• The communiti(es) are the major players in decision-making and
implementation regarding the management of the site, implying
that community institutions have the capacity to enforce
regulations; in many situations there may be other stakeholders in
collaboration or partnership, but primary decision-making is with
the communiti(es).
 Prohibited Acts
Violations Penalty Evidence

Any of the Punishment is in accordance with the customary laws - Complaint-

provisions of of the ICCs/IPs concerned, as long as the penalty shall affidavit of IP/ICC
IPRA not be cruel, degrading and inhuman punishment, - Judicial affidavit of
- Breach of IP and neither shall the death penalty or excessive fines witness/es
rights be imposed. - Documents to
- Failure to This shall be without prejudice to the right of the support damage
comply ICCs/IPs to avail of the protection of other existing to the IPs/ICCs
with FPIC laws. (can include NCIP
Any person who violates any provision of IPRA shall, Reports)
upon conviction, be punished by imprisonment of not - Apprehension
less than 9 months, but not more than 12 years, or a report (in case of
fine of not less than P100,000 nor more than arrest)
P500,000, or both such fine and imprisonment, upon - Photographs
the discretion of the court. In addition, the violator
shall be obliged to pay to the ICCs/IPs concerned
whatever damage may have been suffered by the
latter as a consequence of the unlawful act.
PHILIPPINE MINING ACT OF 1995
(RA 7942)
 Mineral Resources: RA 7942

• Philippine Mining Act of

1995 (RA 7942) is the
principal law regulating
mining and the mining
industry.
• This law shall govern the
exploration, development,
utilization and processing
of all mineral resources.
 Mining
• Mining – the process of extracting,
removing and disposing mineral
resources found on or underneath the
surface of private or public land or the
seabed
• Mining operation - means mining
activities involving exploration, feasibility,
development, utilization, and processing
 Minerals
Minerals: all naturally occurring inorganic
substance in solid, gas, liquid, or any
intermediate state resources
(a) Metallic minerals: gold, copper, nickel,
mercury
(b) Non-metallic minerals: limestone, sand
(covered by Quarry Permits)
(c) Fossil fuels: coal, petroleum, natural gas
(governed by the Department of Energy)
Philippine
mineral
reserves:

-Gold

-Copper

-Nickel

-Chromite
Quantity of Mineral
-Iron Resources per unit area
-bauxite

-Marble
 3rd in the world for gold
-limestone  4th in the world for copper
 5th in the world for nickel
 6th in the world for chromite
(credit: Alyansa Tigil Mina)
 Mining under the Aquino
Administration
• Philippine Development Plan (2011 to 2016)
states that mining has “mixed results”
• Government admits that it has not developed,
nor applied, any standard for measuring the
environmental and social costs of mining, and
that it does not have the capability to
implement, enforce and monitor the laws.
• Executive Order No. 270-A (Minerals Action
Policy of the Arroyo Administration) has not
been repealed
 Mining under the Aquino
Administration
• “Responsible Mining” recognized as an engine
for growth
• Executive Order No. 79 (July 2012)
– Except for exploration, the processing of mining
applications is suspended pending the passage of
a law that would increase government revenue
from mining
– “NO-GO ZONES”
 Mineral Resources: RA 7942

• Implementing
Mechanism: DENR
Mines and
Geosciences Bureau
(MGB); Provincial
Mining Regulatory
Board (PMRB) for
small scale mining and
quarrying
 Mineral Resources: RA 7942

• LA BUGAL-B’LAAN TRIBAL
ASSOCIATION, INC, et al. vs.
VICTOR O. RAMOS, et al.
[G.R. No. 127882,
December 1, 2004] –
Constitutionality of the
Mining Act was upheld
insofar as they relate to
Financial Technical
Assistance Agreements
(FTAA)
Key Institutions
• Department of Environment and
Natural Resources
• Mines and GeoSciences Bureau
(MGB)
• Provincial/City Mining Regulatory
Boards (P/CMRB) involving Local
Government Units (LGUs)
MINING PROCESS
 Mining Process

1. Exploration
– determine
the character,
quality and of
the minerals in
an area
(feasibility
stage)
 Mining Process
2. Development –
all preparatory
activities prior
to actual
mineral
extraction, such
as construction
and
infrastructure-
related work
 Mining Process
3. Utilization – actual Small Scale
extraction of Mining Operation
in Narra
minerals
Gotoc Limestone Quarry Site of the Rio Tuba
Nickel Mining Corporation (RTNMC) to support
the operation of the Hydrometallurgical
Processing Plant (HPP)

Before

Now
 Mining Process
4. Mineral processing – conversion of
raw mineral into finished product

5. Decommissioning and final mine

rehabilitation – all activities relating to
restoration or rehabilitation of the
destroyed, mined-out areas to their
original state
 Where is Mining allowed? What are
the permits and licenses issued?
• Mining shall be undertaken in all mineral
resources in public or private lands, including
timber or forest lands as defined in existing laws,
shall be open to mineral agreements or financial
or technical assistance agreement applications.
• Permits/Licenses: (a) Exploration Permit; (b)
Mineral Production Sharing Agreement (MPSA);
(c) Financial or Technical Assistance Agreement
(FTAA); (d) Small Scale Mining Permits; (e) Ore
Transport Permits; (f) Quarry Permits for
quarrying
 Where is Mining Prohibited?
• Areas covered by valid mining rights and
applications
• Old growth or virgin forests, proclaimed
watershed forest reserves, wilderness areas,
mangrove forests, mossy forests, national
parks, provincial/municipal forests, parks,
greenbelts, game refuge and bird sanctuaries
as defined by law, and in areas expressly
prohibited under the National Integrated
Protected Areas System (NIPAS) under
Republic Act No. 7586, Department
Administrative Order No. 25 , series of 1992
and other laws.
 Areas closed to Mining
• Areas identified by DENR Secretary after
a thorough study, such as “critical
watersheds”
• Areas expressly prohibited by law:
identified as core zones and restricted
use zones under the Environmentally
Critical Areas Network (ECAN) of the
Strategic Environmental Plan (SEP) for
Palawan under RA 7611
 Areas where Consent is required for
Mining Activities
• In military and other government
reservations,
• Near or under public or private buildings,
cemeteries, archeological and historic sites,
bridges, highways, waterways, railroads,
reservoirs, dams or other infrastructure
projects ,public or private works including
plantations or valuable crops
• Ancestral domains/territories of indigenous
peoples/communities
Permit and Period Area for Area for Corporations
Individual
Applicants
Exploration Permit Land: 1620 – 3240 Land: 16,200 – 32,400
(2 to 6 years) has. has.
Sea: 8100 has. Sea: 81,000 has.
MPSA, CA, JVA Land : 810 – 1620 Land: 8100 – 16,200
(25 years, renewable for has. has.
another 25 years) Sea: 4050 has Sea: 40,500 has.
FTAA Land: 81,000 has.
(25 years, renewable for Sea: 324,000 has.
another 25 years)
Small Scale Mining 20 hectares 20 hectares
Permit
(2 to 4 years)
Mineral Processing based on the
Permit MPSA and FTAA
(5 years, renewable for
similar period, but not
to exceed 25 years)
Ore Transport Permit Issued for every
and Mineral Ore Export shipment
Permit
 Auxiliary Mining Rights
• Timber Rights
• Water Rights
• Right to possess explosives
• Easement rights
• Entry into private land and concession
areas: subject to prior notice and
compensation to surface owners and
concessionaires
 Safety and Environmental
Protection (Chapter XI, RA 7942)
• The provisions generally refer to safe and
sanitary working conditions in mining areas,
and to “waste-free and efficient mine
development’’ (Sec. 63, RA 7942) ---
• Mine Labor: No person under sixteen (16)
years of age shall be employed in any phase of
mining operations and no person under
eighteen (18) years of age shall be employed
underground in a mine.
 Safety and Environmental
Protection
• Mining Supervision: All mining and quarrying
operations that employ more than (50) workers shall
have at least one (1) licensed mining engineer with at
least five (5) years of experience in mining
operations, and one (1) registered foreman.
• Mine Inspection: The regional director shall have
exclusive jurisdiction over the safety inspection of all
installations surface or underground, in mining
operations at reasonable hours of the day or night
and as much as possible in a manner that will not
impede or obstruct work in progress of a contractor
or permittee.
 Safety and Environmental
Protection
• Environmental Protection and Enhancement Plan (EPEP)
– Shall be incorporated in the work program which the
contractor or permittee shall submit as an
accompanying document to the application for a
mineral agreement or permit
– 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
 Safety and Environmental Protection
• Environmental Impact Assessment: Except during the exploration
period of a mineral agreement or financial technical assistance
agreement or an exploration permit, an environmental clearance
certificate shall be required based on an environmental impact
assessment and procedures under the Philippine Environmental
Impact Assessment System including Sections 26 and 27 or the Local
Government Code of 1991 which require national government
agencies to maintain ecological balance, and prior consultation with
the local government units, nongovernmental and people's
organizations and other concerned sectors of the community:
Provided, That a completed ecological profile of the proposed mining
area shall also constitute part of the environmental impact
assessment. People's organizations and nongovernmental
organizations shall be allowed and encouraged to participate in
ensuring that contractors/permittees shall observe all the
requirements of environmental protection.
 Safety and Environmental Protection
• Rehabilitation:
– Contractors and permittees shall technically and biologically
rehabilitate the excavated mined-out, tailings covered and
disturbed areas to the condition of environmental safety.
– A mine rehabilitation fund shall be created, based on the
contractor's approved work program, and shall be deposited as
a trust fund in a government depository bank and used for
physical and social rehabilitation of areas and communities
affected by mining activities and for research on the social,
technical and preventative aspects of rehabilitation.
– Failure to fulfill the above obligation shall mean immediate
suspension or closure of the mining activities of the
contractor/permittee concerned.
 Safety and Environmental Protection,
Financial Assurances
• Mandated environmental and social work
programs
– Environmental Work Program
– Environmental Protection and Enhancement
Program
– Final Mine Rehabilitation/Decommissioning Plan
– Social Development and Management Program
• Mandated Financial Assurances
– Contingent Liability and Rehabilitation Fund (CLRF)
– Mine Rehabilitation Fund (MRF)
– Mine Wastes and Tailings Reserve Fund (MWTRF)
Claver, Surigao del Norte
Pollution of coastal areas

Siltation due to Taganito Nickel Mining activities

Photo taken on December 2012 by Erwin Mascarinas.

 Heavy Metal Poisoning (Marinduque)
Dead Mogpog River – Acid Mine Drainage
 Environmental Impacts

Land
conversion
and
pollution
caused by
mining
operations
in the
Cordillera
region.
 Environmental Impacts
• Toledo City,
Cebu: 1999
spillage of Biga
Pit of Atlas
Consolidated
Mining
Development
Corporation
(ACMDC)
Source: Farmers’ Development Center (FARDEC)
 Former 15-20 hectares of
farmland in Brgy
Canlomampao,
Toledo City rendered
unproductive and inutile

Source: Farmers’ Development

Center (Fardec), Cebu
There are four abandoned
open pits at the mine site -
Don Andress Soriano or
DAS, Carmen, Biga and
Udlom. Three of these pits
have very large catchments.
Biga is about 300 hectares,
Carmen is 200 hectares and
DAS is about 100 hectares.
Udlom is a small satellite pit
to Biga and encompasses
some 6 hectares.
Sometime in August
1999, mine water from the
Biga open mine pit of
ACMDC spilled into the
Sapangdaku River and the
Tanon Strait resulting in fish
kill.
(Source: FARDEC)
Environmental Impact of Semirara Coal
Plant Operations in Antique

(Photo: NASA, March 2010)

 Environmental Impacts

RAPU-RAPU, ALBAY
• Mine spill last October 11, 2005 from the tailings
pond showed high levels of cyanide
• Resulted in fish kill in Albay on October 31 and
Nobyembre 1, 2005
Acidic Pagcolbon
river in
Rapu-Rapu.

(credit: Dr.
Emelina Regis)
The shore at the outfall of Pagcolbon River. Water from the outlet
is also acidic.
(credit: Dr. Emelina Regis)
Pagcolbon upstream Pagcolbon outlet

Contaminated Tailings, mud, silt carried by rainwater by run-off

and river/creeks downslope towards the sea. (credit: Dr. Emelina Regis)
Contaminated Tailings, mud and
silt that flowed downslope towards
the sea.

(Ungay and Hollowstone)

(credit: Dr. Emelina Regis)

Fish Kill in Rapu-Rapu (2007) (credit: Dr. Emelina Regis)
PROHIBITIONS AND PENALTIES
 Failure of permit holder of Suspension of any permit or
95 contractor to comply with any agreement provided under
of the requirements in the act the act.
or IRR without a valid reason.

Violation of terms and Cancellation of permit or

96 conditions of permits or
agreements.
Failure to pay taxes and fees
97 due the government for two
consecutive years
agreement.
-Cancellation of Exploration
Permit (EP), Mineral
Agreement (MA), Financial
Technical Assistance
Agreement (FTAA), and other
agreements
-Re-opening of area to new
applicants
 Failure to abide by Suspension or
98 terms and conditions cancellation of tax
of tax incentive and incentive and credit
credits

False statements in EP, Revocation and

99 MA, and FTAA which termination of permit
may alter change or or agreement
affects substantially
the facts set forth
therein
 Prohibited Acts
SEC. 101. False Statements
SEC. 102. Illegal
Exploration
SEC. 103. Theft of Minerals
(gathering, taking, utilizing
minerals for profit)
Penalties
Fine of not exceeding
P10,000.00
Fine of not exceeding
P50,000.00
Imprisonment from 6 months to
6 years or fine from
P10,000.00 to P20,000.00, or
both; damages and
compensation for the minerals
removed, extracted, and
disposed of
 VIOLATIONS PENALTIES
SEC. 104. Destruction of Imprisonment for a period
Mining Structures not to exceed 5 years and
shall, in addition, pay
compensation for the
damages which may have
been caused thereby.
SEC. 105. Mines Arson Upon conviction, by the
appropriate court in
accordance with the
provisions of the Revised
Penal Code and shall, in
addition, pay compensation
for the damages caused
thereby.
 VIOLATIONS PENALTIES
SEC. 106. Willful Damage Imprisonment not exceeding
to a Mine a period of 5 years and shall,
in addition, pay
compensation for the
damages caused thereby.
SEC. 107. Illegal Fine not exceeding
Obstruction to P5,000.00 or imprisonment
Permittees or not exceeding 1 year, or
Contractors both, at the discretion of the
court.
SEC. 108. Violation of Imprisonment of 6 months to
the Terms and 6 years or a fine of
Conditions of the P50,000.00 to P200,000.00,
Environmental or both, at the discretion of
Compliance the court.
Certificate
 VIOLATIONS PENALTIES
SEC. 109. Illegal Fine not exceeding
Obstruction to P5,000.00 or imprisonment
Government Officials not exceeding 1 year, or
both.
SEC. 110. Other Violations Any other violation of this Act
and its IRR shall constitute
an offense punishable with a
fine not exceeding P5,000.

SEC. 111. Fines The Secretary is authorized

to charge fines for late or
non-submission of reports in
accordance with the
implementing rules and
regulations of this Act
DENR AO 2010-12
Operation of mining project
172 without an approved EPEP/revised
EPEP
-Operation of mining project
179 without an ECC, or
-Willful violation and gross neglect
to abide by terms and conditions
of the ECC
188 Failure to establish a Mines
Rehabilitation Fund (MRF) and
Final Mines Rehabilitation and
Development Fund (FMRDF)
Penalty prescribed in
penal provisions of the
Mining Act
Penalty prescribed in
the penal provision of
the Mining Act and the
other pertinent
environmental laws
Suspension or
cancellation of mineral
operations
 Tailings impoundment/disposal Payment of PhP
190 (c) system found to have discharged 50.00/MT without
and/or to be discharging solid prejudice to other
fractions of tailing into areas other penalties and liabilities
than the approved tailing disposal under other existing
areas law rules and
regulations
 Non-submission of semi-annual -Disqualification from
192 reports on the non-generation of availing of mine wastes
mines waste and mill tailings. tailings fee (MWT) fee
exemption and
Php5,000.00 penalty

Failure to pay Mine Tailings Waste Ten percent surcharge

(MTW) fees on the principal MTW
fee for every month of
delay
199 Damages caused by any mining Payment of
operation on: compensatory
-Lives and personal safety damages (see IRR,
-Lands, agricultural crops and Section 199; also
forest products Section 200 on
-Marine life and aquatic resources evaluating the
-Cultural and human resources amounts of damages)
-Infrastructure
-Re-vegetation and rehabilitation
of silted farm lands and other
areas devoted to agriculture and
fishing
230 -Falsehood or omission of facts in Cancellation,
the application for EP, MA, FTAA revocation and
or other permits which may alter, termination of permit
change of affect substantially the or agreement
facts set forth therein
-Non-payment of taxes and fees
due the Government for two
consecutive years
-Failure to perform all other
obligations under the permits or
agreements
-Violation of the terms and
conditions of the Permits or
Agreements
-Violation of existing laws,
policies, rules and regulations
231(a) -Any violation of the Mining Act, Whole or partial
(1) and (2) IRR or the terms and conditions of cancellation or
the MA or FTAA suspension of any
-Any material misrepresentation or incentive granted under
false statements made to the the rules and
Bureau at any time before or after regulations
the approval/conclusion of its MA
or FTAA
 Evidence
- Complaint-affidavit
- Judicial affidavit of witness/es (including
experts)
- Documents to support damage (can
include DENR-MGB Reports)
- Seizure Receipt
- Inventory Report
- Apprehension report (in case of arrest)
- Photographs
ADDITIONAL NOTES
 ELEMENTS OF OFFENSES
• BASED ON LOCATION (NIPAS, LGC, IPRA,
Mining Act)
–SPECIFIC ACTIVITY IS RESTRICTED IN A
PARTICULAR AREA
–ABSENCE OF PERMIT
• BASED ON EQUIPMENT OR DEVICE USED
(NIPAS, Mining Act)
–PARTICULAR EQUIPMENT OR DEVICE IS
BEING RESTRICTED
–ITS MANNER OF OPERATION
–ABSENCE OF PERMIT
 Elements of Offenses
• BASED ON RESOURCES (NIPAS)
– SPECIES IS REGULATED OR PROHIBITED
– ACT OF EXPLOITATION OF THE RESTRICTED
SPECIES
– NO PERMIT
• OTHER VIOLATIONS
– ACT CONSTITUTING THE OFFENSE
– IF IT INVOLVES POLLUTION, THE POSSIBLE
DELETERIOUS EFFECTS OF THE ACT WHICH IS
BEING AVOIDED
– IF PERMIT OR LICENSE IS NECESSARY, ABSENCE OF
SUCH LICENSE OR PERMIT
 Jurisprudence
• Property lawfully seized or held, i.e., seized in accordance
with the rule against warrantless searches and seizure or its
accepted exceptions, are considered in custodia legis. Only
when property is lawfully taken by virtue of legal process is it
considered in the custody of the law, and not otherwise.
(Bagalihog v. Fernandez, 198 SCRA 614).
• Replevin does not lie for properties in custodia legis
(Chua v. Court of Appeals, 222 SCRA 85; Bagalihog v.
Fernandez, supra)
• The fact that the articles seized are in the custody of law
enforcement authorities and not of the court that issue the
search warrant does not mean that the property is not in the
court’s custody. The law enforcement officers are not
exercising control over the property in their own authority but
by virtue of the power of the court (Viazons Ent. Corp. v. Court
of Appeals, et. Al., 155 SCRA 186).
Presumptions
The lack of a license, lease or permit,
although a negative allegation, constitutes
an essential ingredient or element of the
offense. Hence, the prosecution has the
burden of proving the same (People v.
Tionzon, 198 SCRA 368; People v. A. Manalo,
309; People v. E. Mesal, 2344 SCRA 166).
 Some Challenges
• Experts
• Documentary Evidence
• Institutional Issues
• Plea Bargaining
 References
• DENR regulations and guidelines
• Supreme Court cases
• ELAC cases
• Tanggol Kalikasan Primer on Protected Areas
(2000)
• Ateneo School of Government, “The Future of
Mining in the Philippines”, 2013