Mine Law Flashcards
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
Regalian Doctrine
Art. 12 sec 2
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.
Ancestral Lands
means an area bounded by one-half (1/2) minute of latitude and one-half (1/2) minute of longitude, containing approximately eightyone hectares (81 has).
Block
or
Meridional Block
means land or body of water delineated for purposes of exploration, development, or utilization of the minerals found therein
Contract Area
refers to the document issued by the government agency concerned certifying that the project under consideration will not bring about an unacceptable environmental impact and that the proponent has complied with the requirements of the environmental impact statement system.
ECC
or
Environmental Compliance Certificate
is the document which aims to identify, predict, interpret, and communicate information regarding changes in environmental quality associated with a proposed project and which examines the range of alternatives for the objectives of the proposal and their impact on the environment
EIS
or
Environmental Impact Statement
means the water, sea bottom and subsurface measured from the baseline of the Philippine archipelago up to two hundred nautical miles (200 n.m.) offshore.
EEZ
or
Exclusive Economic Zone
means acts of God or any public enemy and any cause that herein describe over which the affected party has no reasonable control
Force Majeure
means any corporation, partnerships, association, or cooperative duly registered in accordance with law in which less than fifty per centum (50%) of the capital is owned by Filipino citizens.
Foreign Owned Corporation
means a group or tribe or indigenous Filipinos who have continuously lived as communities on communally-bounded and defined land since time immemorial and have succeeded in preserving, maintaining, and sharing common bonds of languages, customs, traditions, and other distinctive cultural traits, and as may be defined and delineated by law
Indigenous Cultural Community
refers to all naturally occurring inorganic substance in solid, gas, liquid, or any intermediate state excluding energy materials such as coal, petroleum, natural gas, radioactive materials, and geothermal energy
Minerals
refers to any land belonging to any private person which includes alienable and disposable land being claimed by a holder, claimant, or occupant who has already acquired a vested right thereto under the law, although the corresponding certificate or evidence of title or patent has not been actually issued
Private Land
refers to lands of the public domain which have been classified as agricultural lands and subject to management and disposition or concession under existing laws.
Public Land
means the process of extracting, removing and disposing resources found on or underneath the surface of private or public land.
Quarrying
In the beginning, all land are part of public domain and fall under this classification by default.
Forest Land
Land acquired through congress
Agricultural Land
Land acquired by acquiring mineral/ mining permit
Mineral Land
Land acquired thru congress by “law”
National Park
Any citizen of the Philippines w/ capacity to contract, or a corporation partnership, association, or cooperative organized or authorized for the purpose of engaging in mining, with technical and financial capacity to undertaken mineral resources development
Qualified Person
grants the right to conduct exploration for all minerals in specified areas
Exploration Permit
is an agreement where the Government grants to the contractor the exclusive right to conduct mining operations within a contract area and shares in the gross output. The contractor shall provide the financing, technology, management and personnel necessary for the implementation of this agreement
MPSA
is an agreement between the Government and the contractor wherein the Government shall provide inputs to the mining operations other than the mineral resource
Co-production Agreement
- is an agreement where a joint-venture company is organized by the Government and the contractor with both parties having equity shares. Aside from earnings in equity, the Government shall be entitled to a share in the gross output
Joint-Venture Agreement
Indigenous People’s Rights Act of 1997
RA 8371
