QuestionsQuestions (EXECUTIVE ORDER NO. 130)
EO No. 79 institutionalized and implemented reforms in the Philippine mining sector, providing policies and guidelines to ensure environmental protection and responsible mining in the utilization of mineral resources.
EO No. 130 lifted the moratorium on mineral agreements found in Section 4 of EO No. 79.
The Government may enter into new mineral agreements subject to compliance with the Philippine Mining Act of 1995 and other applicable laws, rules, and regulations.
Yes. The DENR may continue to grant and issue Exploration Permits under existing laws, rules, and guidelines.
They have the rights under the applicable laws, rules, and guidelines over the approved exploration area and are given the right of first option to develop and utilize the minerals in their exploration area upon approval of the declaration of mining project feasibility.
It gives exploration permit grantees preferential consideration to develop and utilize minerals in their approved exploration area, but it is subject to the approval of the declaration of mining project feasibility.
It requires the DENR to formulate terms and conditions that maximize government revenues and share from production, including the possibility of declaring areas as mineral reservations to obtain appropriate royalties.
RA No. 7942 (the Philippine Mining Act of 1995).
The DENR shall review existing mining contracts and agreements for possible renegotiation of the terms and conditions, which must be mutually acceptable to the government and the mining contractor in all cases.
DENR and the Department of Finance (DOF).
Because it doubled the rate of excise tax on minerals, mineral products, and quarry resources from 2% to 4%, which affects government revenue considerations in the mining sector.
It concerns strict formulation and implementation of mines safety and environmental policies by the DENR, ensuring compliance with Mining Industry Coordinating Council measures and the terms/conditions of mineral agreements.
DENR must ensure strict implementation of and compliance with the recommended measures of the MICC involving all mining operations, together with other pertinent laws, rules, and regulations, and the mineral agreement terms/conditions.
Section 17, Article VII of the 1987 Constitution (President’s control of executive departments and duty to ensure faithful execution of laws). It supports the President’s authority to issue EO No. 130 to implement and regulate the mining sector.
If any provision is declared invalid or unconstitutional, the other provisions remain valid and subsisting.
It revokes, modifies, or amends all issuances, rules, and regulations (or parts) that are contrary to or inconsistent with EO No. 130.
It takes effect immediately upon its publication in a newspaper of general circulation.
It lifts the moratorium and encourages new mineral agreements to support economic benefits, while simultaneously requiring strict DENR implementation of mines safety and environmental policies and compliance with applicable laws and agreement terms.