Question & AnswerQ&A (EXECUTIVE ORDER NO. 130)
Section 1, Article XII of the 1987 Constitution, which states that the goals include a more equitable distribution of income and wealth and an expanding productivity to raise the quality of life for all, especially the underprivileged.
Section 2 of RA No. 7942 states that the State is responsible for promoting the rational exploration, development, utilization, and conservation of all mineral resources in public and private lands within the Philippines through joint government and private sector efforts to enhance national growth, while safeguarding the environment and protecting affected communities' rights.
The moratorium prohibited the grant of new mineral agreements until new legislation rationalizing existing revenue sharing schemes and mechanisms took effect.
Section 48 of RA No. 10963 doubled the excise tax rate on minerals, mineral products, and quarry resources from 2% to 4%.
The DENR is authorized to grant and issue Exploration Permits, formulate terms and conditions for new mineral agreements to maximize government revenues, review existing mining contracts for possible renegotiation, and work with the Department of Finance to rationalize revenue sharing schemes.
Grantees have rights over their approved exploration areas and a right of first option to develop and utilize minerals upon approval of their mining project feasibility declaration.
The DENR must strictly implement mines safety and environmental policies, ensure compliance with the measures recommended by the Mining Industry Coordinating Council, and enforce relevant laws, rules, and terms of mineral agreements for environmental protection.
The order takes effect immediately upon publication in a newspaper of general circulation, and all previous rules or issuances contrary or inconsistent with it are revoked, modified, or amended accordingly.