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Mining Laws > PPT Q&A > Flashcards

PPT Q&A Flashcards

1
Q

What is the official title of RA 7942?

A

The Philippine Mining Act of 1995

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2
Q

Who authored the presentation on RA 7942?

A

Atty. Wilfredo “Dodo” Moncano

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3
Q

What act reinstated the Regalian Doctrine in the Commonwealth era?

A

Commonwealth Act No. 137

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3
Q

What was the first law that introduced the Regalian Doctrine in the Philippines?

A

Spanish Royal Decree of 1867

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4
Q

Under which United States Act was the Philippine Bill of 1902 passed?

A

United States Act of Congress dated July 1, 1902

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5
Q

Which Presidential Decree introduced service contracts between the lessee and contractors?

A

Presidential Decree No. 463

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5
Q

What system did the Philippine Bill of 1902 introduce for mineral exploration and ownership?

A

The Patent System

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6
Q

What decree was issued under the 1973 Constitution on May 17, 1974, regarding mining?

A

Presidential Decree No. 463

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7
Q

Which executive order authorized joint venture agreements for large-scale mineral exploration in 1987?

A

Executive Order No. 279

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8
Q

What is the term length of an Exploration Permit (EP)?

A

Two years, renewable up to six (nonmetallic) or eight (metallic) years

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9
Q

Name two key minerals for which the Philippines is known.

A

Gold and Copper

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10
Q

How many operating mines were there in the Philippines during the 1970s and early 1980s?

A

Around 180 mines (~60 major ones)

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11
Q

What is the name of the mine in Palawan that operates a nickel processing plant?

A

Rio-Tuba Nickel Mining Corp.

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11
Q

What percentage of the Philippine land area is covered by mineral permits?

A

Less than 2%

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12
Q

What is the maximum area for exploration by an individual under an Exploration Permit?

A

3,240 hectares

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12
Q

What is the maximum area allowed for an onshore Mineral Production Sharing Agreement (MPSA)?

A

16,200 hectares onshore

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13
Q

What is the minimum investment requirement for an FTAA?

A

USD $50,000,000

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14
Q

Which law governs small-scale mining in the Philippines?

A

Republic Act 7076

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15
Q

Which areas are explicitly prohibited for mining operations?

A

National parks, watersheds, wildlife sanctuaries, and other protected areas

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16
Q

What is the maximum term for an Exploration Permit, including renewals?

A

Eight years (metallic) or six years (non-metallic)

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17
Q

What is required before mining operations can be conducted in areas with ancestral domain claims?

A

Free, Prior and Informed Consent (FPIC) from Indigenous Peoples

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17
Q

What is the minimum royalty due to Indigenous Cultural Communities from mining companies operating on their lands?

A

At least 1% of the gross output

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18
Q

What document must be prepared and presented to the local government unit (LGU) before exploration begins?

A

Exploration Work Program (ExWP)

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19
Q

What type of report must be submitted annually concerning the company’s safety and health measures?

A

Safety and Health Program

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19
Q

What are the three stages of mining operations, according to RA 7942?

A

Exploration, Development, and Commercial Production

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20
Q

What type of permit is required to transport ore in the Philippines?

A

Ore Transport Permit (OTP)

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21
Q

What is the consequence of transporting ore without an Ore Transport Permit (OTP)?

A

Prima facie evidence of illegal mining

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21
Q

What document is issued by DENR to allow mineral production?

A

Declaration of Mining Project Feasibility (DMPF)

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22
Q

Name the two types of mineral agreements under RA 7942.

A

Mineral Production Sharing Agreement (MPSA), Co-Production Agreement

23
Q

What are the stages of mining that include exploration and development?

A

Exploration, Development, and Commercial Production

24
Q

What is the maximum area for a Financial or Technical Assistance Agreement (FTAA) onshore?

A

81,000 hectares

24
Q

Name one of the large-scale copper mines operating in the Philippines.

A

Philex’s Padcal Copper Mine

25
Q

Which law addresses the rights of Indigenous Peoples in the Philippines concerning mining operations?

A

Indigenous Peoples Rights Act (RA 8371)

25
Q

What is the minimum authorized capital for an FTAA?

A

USD $4,000,000

26
Q

What kind of trust fund is maintained for monitoring environmental compliance in mining?

A

Environmental Trust Fund (ETF)

26
Q

What is the final stage of mining operations, after commercial production ends?

A

Mine Rehabilitation and Decommissioning

26
Q

What department order prescribes the guidelines for technical and financial assistance agreements?

A

DENR Department Administrative Order No. 2010-04

27
Q

What environmental document must be secured before starting any mining operation?

A

Environmental Compliance Certificate (ECC)

27
Q

What does EPEP stand for?

A

Environmental Protection and Enhancement Program (EPEP)

28
Q

What mining activity is prohibited in national parks and other protected areas?

A

Mining operations, specifically open-pit mining

28
Q

What government award recognizes companies that adhere to environmental standards in mining?

A

Philippine Mineral Industry Environmental Award (PMIEA)

29
Q

What does FMRDP stand for in the context of mining?

A

Final Mine Rehabilitation and/or Decommissioning Plan (FMRDP)

30
Q

Which committee monitors mine rehabilitation efforts in the Philippines?

A

Multi-Partite Monitoring Team (MMT)

31
Q

Which law introduced the “Use it or Lose it” policy in mining?

A

DENR DAO 2010-04

32
Q

What is the penalty for failing to submit mining reports on time?

A

Up to PHP 10,000 per report

33
Q

What law regulates cement raw material mining in the Philippines?

A

RA 7942

33
Q

What is the Mining Adjudication Board’s role?

A

Resolves disputes related to mining claims

34
Q

What kind of mining permit covers an area of less than 5 hectares?

A

Quarry Permit

35
Q

Which institution oversees the registration of mining claims?

A

Mines and Geosciences Bureau (MGB)

36
Q

How is the royalty payment for Indigenous Cultural Communities calculated?

A

1% of the gross output

37
Q

What is the maximum area allowed for an individual or corporation under an MPSA offshore?

A

40,500 hectares

38
Q

What agency is responsible for issuing Exploration Permits (EP)?

A

Mines and Geosciences Bureau (MGB)

39
Q

What type of permit must be secured for industrial sand and gravel extraction?

A

Industrial Sand and Gravel Permit

40
Q

What is the process for appealing a decision made by the Regional Panel of Arbitrators?

A

Petition for Review by Certiorari in the Court of Appeals

40
Q

What is the rehabilitation cash fund used for in mining operations?

A

For implementing the Environmental Protection and Enhancement Program (EPEP)

40
Q

Name one of the major gold mines in operation in the Philippines today.

A

Maco Gold Project of Apex Mining Corp.

41
Q

What is the annual report on land use submitted by mining companies called?

A

Annual Land Use Report

42
Q

What document must be submitted to prove the financial capability of a mining company?

A

Proof of Financial Capability

43
Q

What law prescribes the equitable sharing of mining revenues with local government units?

A

Local Government Code (RA 7160)

44
Q

What Philippine law outlines environmental compliance requirements for mining operations?

A

RA 7942 and DENR DAO 96-40

45
Q

What is the legal basis for the implementation of Mine Environmental Protection and Enhancement Programs?

A

RA 7942

46
Q

What is the role of the Provincial Mining Regulatory Board (PMRB)?

A

Oversees small-scale mining regulation in provinces

47
Q

What is the responsibility of mining companies regarding the development of host communities?

A

To allocate 1.5% of operating costs for community development

48
Q

What kind of mining activities are allowed under a Small-Scale Mining Permit?

A

Gold, silver, and chromite mining

48
Q

Which mining company operates the Diwalwal Direct State Development Project?

A

Philsaga Mining Corp.

49
Q

What type of mining rights is granted for exploration activities in the Philippines?

A

Exploration Permit (EP)

50
Q

What is the name of the license required for exporting minerals from the Philippines?

A

Mineral Ore Export Permit (MOEP)

50
Q

What program helps ensure that mining companies adhere to safety and environmental standards during their operations?

A

Environmental Compliance Certificate (ECC)

51
Q

What is the role of the Mines and Geosciences Bureau (MGB) in mining operations?

A

Issuing mining permits and monitoring compliance

52
Q

What is the significance of the Mine Waste and Tailings Fee Reserve Fund (MWTRF)?

A

To fund the disposal of mine tailings and waste

Mining Laws (14 decks)

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