Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Mining Laws > Lesson 1: Introduction to Mining Laws > Flashcards

Lesson 1: Introduction to Mining Laws Flashcards

1
Q

enumerate the hierarchy of laws in the Philippines

A

Philippine Constitution of 1987
↓
Statutes/Executive Issuances by the President
↓
Administrative Regulations
↓
Ordinances by LGU

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what Article and section under the 1987 constitution states the “National Economy and Patrimony”

A

Article XII, Section 2

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

FILL IN THE BLANKS

National Economy and Patrimony

All ________ of the public domains, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other _________ are owned by the __________.

A

lands; natural resources; State

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

FILL IN THE BLANKS

National Economy and Patrimony

The ________, _________, and ________ of natural resources shall be under the full control and supervision of the __________.

A

exploration; development; utilization; State

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

doctrine that pertains to the ownership of mineral resources

A

Regalian Doctrine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What should an investor do in order to acquire the right to extract or develop natural resources?

A

the investor must enter into an agreement with the State

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are the two mining laws and their respective DAOs for this lesson?

A

(RA 7076) People’s Small-scale Mining Act of 1991→DAO No. 2022-03

(RA 7942) Philippine Mining Act of 1995→DAO No. 2010-21

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

An act creating a people’s small-scale mining program and for other purposes

A

RA 7076

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

revised implementing rules and regulations of RA No.7076 otherwise known as “people’s small scale mining act of 1991”

A

DAO No. 2022-03

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

An act instituting a new system of mineral resources exploration, development, utilization and conservation

A

RA 7942

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

providing for a consolidated department of environmental and natural resources administrative order for the implementing rules and regulations of RA No. 7942, otherwise known as the “philippine mining act of 1995”

A

DAO No. 2010-21

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

All mineral resources in public and private lands within the territory and exclusive economic zone of the Republic of the Philippines are owned by the State.

A

RA 7942 The Philippine Mining Act of 1995

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Are all lands open for mining applications?

A

no, because there are areas closed to mining applications

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Name the 7 general areas closed to mining applications

A
  1. In military and other government reservations
  2. Near or under several public or private structures
  3. In areas covered by valid and existing mining rights
  4. In areas expressly prohibited by law
  5. In areas covered by small-scale miners as defined by law
  6. protected forests and the like
  7. Areas which the Secretary may exclude on proper assessment of their environmental impacts and implications
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

are all military and other government reservations really closed to mining applications?

A

yes, except upon prior written clearance by the government agency concerned

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

are all near or under public or private structures really closed to mining applications?

A

yes, except upon written consent of the government agency or private entity concerned

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

are all areas covered by small-scale miners really closed to mining applications?

A

yes, unless with prior consent of the small-scale miners

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

when a large mining company applies for a mineral agreement on an area covered by small-scale miners with the prior consent of the small-scale miners, what should be agreed to? explain.

A

a royalty payment upon the utilization of minerals. the royalty should be used to form a trust fund for the socioeconomic development of the community concerned

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

when a large mining company applies for a mineral agreement on an area covered by small-scale miners with the prior consent of the small-scale miners, what should be agreed to? explain.

A

a royalty payment upon the utilization of minerals. the royalty should be used to form a trust fund for the socioeconomic development of the community concerned

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

when a large mining company applies for a mineral agreement on an area covered by small-scale miners with the prior consent of the small-scale miners, what should be agreed to? explain.

A

a royalty payment upon the utilization of minerals. the royalty should be used to form a trust fund for the socioeconomic development of the community concerned

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

full NIPAS

A

National Integrated Protected Areas System

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

the two other areas closed to mining applications under the EO No. 79 series of 2012

A
  1. Tourism development areas, as identified in the NTDP
  2. Other critical areas according to the DENR, such as the NIPAS Act
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

full NTDP

A

National Tourism Development Plan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

refers to all lands exclusively and actually possessed, occupied, or utilized by indigenous cultural communities by themselves or through their ancestors in accordance with their customs and traditions since time immemorial, and as may be defined and delineated by law

A

Ancestral Lands

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

full MPSA

A

Mineral Sharing Production Agreement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

full FTAA

A

Financial or Technical Assistance Agreement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

full EP

A

Exploration Permit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

full CADC

A

Certificate of Ancestral Domain Claim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

full CADT

A

Certificate of Ancestral Domain Title

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

full ICC

A

Indigenous Cultural Community

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

what documents would warrant an area to be an ancestral land

A

those with CADC / CADT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

can MPSA / FTAA / EP be allowed in ancestral lands?

A

no, unless with the ICC’s concent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

can MPSA / FTAA / EP be allowed in ancestral lands?

A

no, unless with the ICC’s consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

royalty amount given to ICC from the mining company when allowed to mine at ancestral lands

A

at least 1% of the gross revenue

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

6 tenements issued by DENR-MGB

A
  1. Exploration Permit (EP)
  2. Mineral Agreements
  3. Financial or Technical Assistance Agreements (FTAA)
  4. Mineral Processing Permits (MPP)
  5. Industrial Sand and Gravel Permits (>5 to 20 hectares)
  6. OTPs/MOEPs
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

full MPP

A

Mineral Processing Permit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

6 permits issued by LGU

A
  1. Small-Scale Mining Contracts
  2. Quarry Permits
  3. Sand and Gravel Permits (5 hectares & below)
  4. Guano Permits
  5. Gemstone Gathering Permits
  6. OTPs/MOEPs
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

full OTPs

A

Ore Transport Permit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

MOEP

A

Mineral ore export permit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Maximum areas in hectares of the 3 different types of mining right

A

EP →32,000 onshore; 81,000 offshore

MPSA →5,000 onshore; 40,500 offshore

FTAA →81,000 onshore; 324,000 offshore

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

terms of the 3 different types of mining right

A

EP →2 years; renewable
to a maximum of 8
years

MPSA →25 years;
renewable for like
period

FTAA →25 years;
renewable for like
period

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

qualified persons of the 3 different types of mining right

A

EP →Individuals or
Filipino or foreign
corporations

MPSA →Individuals or
Filipino
corporations

FTAA →Filipino or 100%
foreign
corporations

period

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

4 main stages of mining operations

A

exploration→development→production→final mine decommissioning

> the first three undergoes progressive rehabilitation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

searching or prospecting for mineral resources

A

exploration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

methods of exploration

A

geological, geochemical and/or
geophysical surveys, remote sensing, test pitting, trenching, drilling, shaft sinking,
tunneling or any other means for the purpose of determining their existence,
extent, quality and quantity and the feasibility of mining them for profit.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Under DAO 2021-12, how do exploration periods get renewed?

A

automatically renewed without the need of filing applications
for renewal

holders of the tenements are required to submit certain
requirements within sixty (60) days from expiration of the exploration
period of the tenement or the exploration permit, as the case may be.
Failure to submit the requirements is a ground for cancellation of the
mining tenement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

Under DAO 2021-12, what agreements/permits get automatic exploration period renewal

A

MPSAs and FTAAs
(and other similar mining tenements), as well as exploration permits,

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

who grants exploration permits

A

MGB Director: atty. wilfredo g. Moncano

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

10 requirements needed to support an EP application

A
  1. Location Map 1: 50,000 scale;
  2. Articles of Incorporation/ By laws /
  3. Area Status and Clearances;
  4. Publication / posting / radio announcement;
  5. Project presentation / consultation with all Sanggunian
    (Barangay, Bayan, Panlalawigan);
  6. ExWP
  7. EnWP
  8. Proof of financial capacity;
  9. Proof of technical capability
  10. NCIP FPIC process
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

full ExWP

A

Exploration Work Program

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

full EnWP

A

Environmental Work Program

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

full NCIP

A

National Commission on Indigenous People

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

full FPIC

A

Free, Prior and Informed Consent

53
Q

results reveal the presence of mineral
deposits economical to mine

A

exploration

54
Q

full DMPF

A

Declaration of Mining Project Feasibility

55
Q

if you got granted approved MPSA/FTAA, that means you had approval of what prior?

A

DMPF

56
Q

right to develop the mining area in preparation to
commercial extraction

A

DECLARATION OF MINING PROJECT FEASIBILITY ??

57
Q

11 requirements for DMPF

A
  1. Approved Survey Plan
  2. Feasibility Study
  3. 3 Yr Development / Utilization Work Program
  4. Final Exploration Report
  5. Favorable endorsements from the LGU
  6. SDMP
  7. EPEP and FMRDP
  8. Proof of financial capacity;
  9. Proof of technical capability
  10. NCIP FPIC process
  11. SHP
58
Q

full SDMP

A

Social Development and Management Program

59
Q

full EPEP

A

Environmental Protection and Enhancement Program

60
Q

full FMRDP

A

Final Mine Rehabilitation and Decommissioning Plan

61
Q

full SHP

A

Social and Health Program

62
Q

means a contract between the Government and a Contractor

A

Mineral Agreement

63
Q

3 types of mineral agreements

A

a. Mineral Production Sharing Agreement
b. Co-Production Agreement
c. Joint Venture Agreement

64
Q

an
agreement where in the Government grants to the Contractor the
exclusive right to conduct mining operations within, but not title over,
the contract area and shares in the production as owner of the
minerals therein.

A

Mineral Production Sharing Agreement (MPSA)

65
Q

for Mineral Production Sharing Agreement (MPSA), what should be provided by the Contractor

A

The Contractor shall provide the necessary financing, technology,
management and personnel.

66
Q

who grants MPSA?

A

DENR Secretary

67
Q

means a contract involving financial or technical assistance for large-scale
exploration, development and utilization of mineral resources.

A

FTAA

68
Q

Minimum authorized capital during application for FTAA

A

USD $ 4,000,000.00

69
Q

amount to invest based on the Commitment in the contract agreement

A

USD
$ 50,000,000.00

70
Q

T or F: FTAAs can be transferred or assigned

A

True

71
Q

what materials cannot get FTAAs?

A

cement raw materials, sand & gravel
and construction aggregates; cement raw materials, marble, granite, SAG and construction aggregates

72
Q

years for specific periods under FTAA

A
  • 8 years exploration period;
  • 2 years pre-feasibility period;
  • 2 years Feasibility Study period
73
Q

T or F: FTAA holder shall acquire any title over the
mining area except surface rights

A

False, FTAA holder SHALL NOT ACQUIRE any title over the
mining area except surface rights

74
Q

Who grants FTAAs?

A

President of the Ph

75
Q

term for MPP

A
  • Term of five (5) years
  • Renewable for like periods but not to exceed 25 years;
76
Q

T or F: Alien employment is not allowed for MPP

A

False: Alien employment IS ALLOWED but LIMITED TO SPECIALIZED POSITIONS

77
Q

terms and conditions of an MPP

A
  • Assume full responsibility and be liable for
    damages to private or public properties
    affected by its operation;
  • Use best available anti-pollution technology
    and facilities;
  • Shall not discriminate on the basis on gender;
  • Pay fees, taxes, other obligations;
  • Comply with ECC
78
Q

permit needed to transport all ores including gold
bullions

A

Ore Transport Permit

79
Q

document needed for
assay and pilot testing purposes;

A

Certificate of Transport Clearance

80
Q

6 Common Acts of Illegal Mining

A

Mining operation within a No-Go
Zone/SSM outside Minahang
Bayan

Mining via hydraulicking or
compressor mining

Unauthorized mineral extraction and
transport in the guise of
environmental clean-up

Large-scale mining in the guise
of SSM

Black sand mining in guise of
dredging or sand and gravel
quarrying

SSM of metallic minerals other
than gold/silver/ chromite

81
Q

Mining operations without appropriate permit or not in accordance with the rules
and regulations

A

Illegal Mining

82
Q

Penal provision stating “Any person who knowingly presents any false application, declaration, or
evidence to the Government or publishes or causes to be published any
prospectus or other information containing any false statement relating to
mines, MOs or MAs, FTAAs”

A

Section 101 False Statements

83
Q

how much can be penalized by a person violating Section 101
penal provision

A

a
fine of not exceeding Ten thousand pesos (P10,000.00).

84
Q

Penal provision stating “Any person undertaking exploration work without the necessary exploration
permit”

A

Section 102
Illegal Exploration

85
Q

how much can be penalized by a person violating Section 102
Illegal Exploration

A

a fine of not exceeding Fifty thousand pesos (P50,000.00).

86
Q

Penal provision stating “Any person extracting minerals and disposing the same without a mining
agreement, lease, permit, license, or steals minerals or ores or the
products thereof from mines or mills or processing plants”

A

Section 103
Theft of Minerals

87
Q

how much can be penalized by a person violating Section 103
Theft of Minerals

A

upon
conviction, be imprisoned from six (6) months to six (6) years or pay a fine
from Ten thousand pesos (P10,000.00) to Twenty thousand pesos
(P20,000.00) or both, at the discretion of the appropriate court.

he shall be liable to pay damages and compensation for the
minerals removed, extracted, and disposed of. In the case of
associations, partnerships, or corporations, the president and each of the
directors thereof shall be responsible for the acts committed by such
association, corporation, or partnership.

88
Q

permit needed for the extraction, removal and disposition of quarry resources

A

quarry permit

89
Q

quarry resources include, but not limited to ?

A

andesite, basalt,
conglomerate, coral sand, diatomaceous earth, diorite,
decorative stones, gabbro, granite, limestone, marble, marl, red
burning clays for potteries and bricks, rhyolite, rock phosphate,
sandstone, serpentine, shale, tuff, volcanic cinders and volcanic
glass

90
Q

who are the qualified persons for a quarry permit

A

limited to Filipinos or Filipino-owned corporations

91
Q

area limit for quarry permits

A

5 hectares or less

92
Q

term for quarry permit

A

5 year term; renewable for like terms but not to exceed a total
term of 25 years

93
Q

permit needed for extraction, removal and disposition of sand and gravel and other
loose or unconsolidated materials

A

sand and gravel permits

94
Q

who are the qualified persons for industrial and commercial sand and gravel permits

A

limited to Filipinos or Filipino-owned corporations

95
Q

term duration for sand and gravel permits

A

1 to 5 year terms; renewable for like terms

96
Q

T or F: only (one) 1 sand and gravel permit shall be granted to a qualified person in a
municipality

A

True

97
Q

permit needed for the extraction, removal and disposition of sand and gravel and
other loose or unconsolidated materials necessitating the use
of mechanical processing

A

Industrial Sand and Gravel Permits

98
Q

term duration for industrial sand and gravel permit

A

5 year term; renewable for like terms but not to exceed a total
term of 25 years

99
Q

permit needed for the Extraction, removal and disposition of sand and gravel and other
loose or unconsolidated materials and used in their natural stat

A

Commercial Sand and Gravel Permit

100
Q

area for commercial sand and gravel permit

A

1 hectare or less

101
Q

term duration for commercial sand and gravel permits

A

1 year term renewable for a like period

102
Q

Permit for the extraction and utilization of sand and gravel or
loose/ unconsolidated materials for construction of buildings
and/or infrastructure for public use

A

Government Gratuitous Permit

103
Q

who is the Government Gratuitous Permit for?

A

Issued to any Government entity/ instrumentality

104
Q

term duration of Government Gratuitous Permit

A

Co-terminus with the project stage but not to exceed 1 year

105
Q

area limit of Government Gratuitous Permit

A

2 hectares or less in public/private land

106
Q

what document needs to be submitted for the Government Gratuitous Permit

A

project proposal

107
Q

Permit needed for the private Extraction and utilization of quarry, sand and gravel or loose/unconsolidated materials

A

Private Gratuitous Permit

108
Q

the Private Gratuitous Permit is issued by ?

A

any landowner in his/her private land

109
Q

term duration for Private Gratuitous Permit

A

60 calendar days; non-renewable

110
Q

what needed documents are to be submitted when asking for Private Gratuitous Permit

A

submission of proof of ownership of land and that the materials
shall be used for personal use

111
Q

Permit needed for the Extraction, disposition and/or utilization of guano and other
organic fertilizer deposits

A

Guano Permit

112
Q

location for Guano Permit

A

caves or confined sites

113
Q

who is illegible to apply for Guano Permit

A

applicants domicile is w/in the municipality

114
Q

term duration for Guano Permit

A

term of 1 year or upon extraction of specified quantity

115
Q

T or F: 1 permit per person for Guano permits

A

False: 1 permit PER CAVE

116
Q

Permit needed for the Extraction, removal and disposition of loose stones useful as
gemstone

A

Gemstone Gathering Permit

117
Q

term duration for Gemstone Gathering Permit

A

1 yr renewable for like period

118
Q

what extraction method is need to qualify for Gemstone Gathering Permit

A

manual gathering without the aid of any tools/mechanical
equipment

119
Q

term duration for Gemstone Gathering Permit

A

1 year term renewable for like period

120
Q

4 common characteristics of Small-scale mining

A

Labor intensive

Includes Artisanal Small-Scale
Gold Mining

Uses simple implements and
methods

Minimal investment on mining,
infrastructures and processing

121
Q

Revised Implementing Rules
and Regulations of the People’s Small-Scale Mining Act of 1991

A

Department Administrative Order No. 2022-03

122
Q

Enumerate the evolution of the small-scale mining law

A

PD No. 581
Prescribing heavier
penalty for highgrading
from a mining claim
(Nov. 13, 1974)

PD No. 1150
Amending PD No. 581
and Regulating Panning
or Sluicing for Gold
Inside Mining Claims or
in Public or Private Lands
(June 6, 1977)

PD No. 1899 Establishing
Small-Scale Mining as a
New Dimension in Mineral
Dev’t.
(Jan. 20, 1984)

RA No. 7076
The Small-Scale
Mining Act… Creating
a People’s Small-Scale
Mining Program
(June 27, 1991)

123
Q

According to EO No. 79, what are the 6 measures to improve SSM activities?

A

Compliance with RA No. 7076 and PD No. 1586, the EIS
System
 Confinement of activities within Minahang Bayan or
People’s Small-Scale Mining Areas
 Operationalization of the P/CMRBs
 Limitation of metallic minerals to gold, silver and chromite
 Prohibition on the use of mercury in small-scale mining;
 Provision of technical assistance to small-scale miners

124
Q

Enumerate the titles of sections 5-8 under DAO 2022-03

A

Section 5 General Provision

Section 6 Registration and Licensing of Small-scale Miners

Section 7 Areas Open for Declaration as Minahang Bayan

Section 8 Suitability of a Minahang Bayan for Smale-scale Mining

125
Q

Enumerate the steps in order to apply for SSMC

A

refer to slide 62

125
Q

Section 5. General Provision

No small-scale mining shall be undertaken outside
a ________ and that no entity shall engage in small-scale mining without a _______. Likewise, no person shall work or be hired to work in small-scale mining and
other similar operations unless registered with _______.

A

Minahang Bayan;
Small-scale Mining Contract;
the Board

126
Q

SECTION 6. Registration and Licensing of Small-scale Miners.

All persons
undertaking or intending to undertake small-scale mining operations within a declared
Minahang Bayan area shall register with the Board as ________, as the case may be,
subject to payment of the corresponding license application fee (unsa na other requirements???)

A

small-scale miner

127
Q

SECTION 7. Areas Open for Declaration as Minahang Bayan.

The Board shall
have the authority to ______ and ______ Minahang Bayan in mineralized areas onshore
suitable for small-scale mining, except in areas __________ as provided in
Section 1 of the Executive Order (EO) No. 79 dated July 6, 2012, and shall not exceed ___________, subject to review by the ________ thru the _________.

A

declare;
set aside;
closed to mining applications;
2 contiguous meridional blocks;
Secretary;
Director

128
Q

SECTION 8. Suitability of a Minahang Bayan for Small-Scale Mining.

An area
may be considered for declaration as Minahang Bayan, subject to the following conditions, as
determined by the ______ concerned

A

Regional Office

Mining Laws (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions