STATUS OF THE SMALL-

SCALE MINING INDUSTRY IN

WESTERN VISAYAS

MINES AND GEOSCIENCES BUREAU

Regional Office No. 6

BRIEF BACKGROUND

• On January 23, 1984 then President Ferdinand E.

Marcos issued Presidential Decree No. 1899

“Establishing Small Scale Mining as a New Dimension

in Mineral Development

• MAO MRD-41, Series of 1984 – Rules and Regulations

Governing the Granting of Small Scale Mining Permits

Under PD 1899 (June 4, 1984)

• Then on June 27, 1991, Her Excellency President

Corazon C. Aquino issued Republic Act No. 7076 “An

Act Providing a People’s Small Scale Mining Program

and for Other Purposes”

• DAO No. 34, Series 0f 1992 - Rules and Regulations to

Implement RA 7076, Otherwise Known as the People’s

Small Scale Mining Act of 1991 (July 14, 1992)

EXECUTIVE ORDER NO. 79

INSTITUTIONALIZING AND

IMPLEMENTING REFORMS IN THE

PHILIPPINE MINING SECTOR PROVIDING

POLICIES AND GUIDELINES TO ENSURE

ENVIRONMENTAL PROTECTION AND

RESPONSIBLE MINING IN THE

UTILIZATION OF MINERAL RESOURCES

EXECUTIVE ORDER NO. 79

SECTION 11. Measures to Improve Small-Scale Mining

Activities. To improve and address issues on small-scale

mining, the following measures shall be undertaken:

a) Small-scale mining activities shall comply with RA NO.

7076, or the People’s Small-Scale Mining Act of 1991,

and the Environmental Impact Statement System

requirements under Presidential Decree (PD) No. 1586;

b) Pursuant to RA No. 7076, small-scale mining operations

shall be undertaken only within the declared People’s

Small-Scale Mining Areas or Minahang Bayan;

EXECUTIVE ORDER NO. 79

c) Pursuant to Section 24 of RA No. 7076, P/CMRBs in

provinces and cities where they have not been

constituted shall be operationalized within three (3)

months from the effectivity of this Order;

d) Small-scale mining shall not be applicable for metallic

minerals except gold, silver, and chromite, as provided

for in RA No. 7076;

c) The use of mercury in small-scale mining shall be strictly

prohibited; and,

d) Training and capacity building measures in the form of

technical assistance for small-scale mining

cooperatives and associations shall be conducted by the

concerned government agencies.

IMMEDIATE CONCERNS PURSUANT TO

SECTION 11 OF EO 79

Declaration of People’s Small-

Scale Mining Areas (PSSMA) or

Minahang Bayan at least one

in every provinces in Western

Visayas.

Currently there are two (2) identified areas

proposed for Minahang Bayan in Western

Visayas located in the following localities:

1. Barangay Unidos, Nabas, Aklan

2. Barangays Igcagay, Libertad, Antique

STATUS OF PROVINCIAL/CITY

MINING REGULATORY BOARD

OPERATION IN WESTERN

VISAYAS

The P/CMRB shall, among others:

accept, process and evaluate

applications for Quarry, Sand and

Gravel (SAG), Guano, Gemstone

Gathering and Small-Scale Mining

Permits duly filed with the said

Board.

Responsibilities of the P/CMRB: -Section 70 of DAO 2010-21, Consolidated DAO for the IRR of RA 7942

Composition of the Provincial/City

Mining Regulatory Board (P/CMRB)

- Section 70 DAO 2010-21

MGB Regional Director/

Representative

Chairperson

Governor/ Component City Mayor/

Representative -

Vice

Chairperson

Small Scale Mining Representative - Member

Large Scale Mining Representative - Member

DENR-duly accredited Non-

Government Organization

Representative -

Member

Province Date of Creation

(based on date of first PMRB meeting)

Iloilo

October 26, 1995

Negros Occidental November 21, 1995

Guimaras 1st quarter 1996

Aklan March 14, 1996

Antique July 1999

Bacolod City March 26, 1999

Capiz To be operationalized

EXISTING P/CMRB IN REGION 6

IMMEDIATE CONCERNS PURSUANT TO

SECTION 11 OF EO 79

Operationalization of PMRB

Province of Capiz pursuant to

Section 11 item (c) of EO 79:

PROVINCIAL ORDINANCES

GOVERNING THE QUARRYING AND

SMALL-SCALE MINING INDUSTRY

WITHIN LGU JURISDICTION

ILOILO

PROVINCIAL ORDINANCE NO. 2003-049:

“REVISED ORDINANCE GOVERNING THE ISSUANCE OF

PERMITS FOR THE TAKING, REMOVAL AND DISPOSITION OF

MINERALS TO INCLUDE ORDINARY EARTH OPERATION OF

SMALL SCALE MINING, INCLUDING SAND AND GRAVEL,

GUANO, GEMSTONE, xxx FROM PUBLIC AND PRIVATE LANDS

WITHIN THE TERRITORIAL JURISDICTION OF THE PROVINCE

OF NEGROS OCCIDENTAL”

(Amended certain provisions of Provincial Ordinance No. 2000-039)

NEGROS OCCIDENTAL

PROVINCIAL TAX ORDINANCE NO. 2001-001:

“AN ORDINANCE REGULATING AND IMPOSING TAXES,

FEES AND OTHER CHARGES IN THE OPERATION OF SMALL

SCALE MINING, THE TAKING, REMOVAL AND DISPOSITION

OF MINERALS INCLUDING SAND AND GRAVEL, xxx WITHIN

THE TERRITORIAL JURISDICTION OF THE PROVINCE OF

NEGROS OCCIDENTAL”

AKLAN

PROVINCIAL ORDINANCE NO. 05-021 (2005):

AN ORDINANCE REGULATING AND IMPOSING TAXES, FEES,

AND OTHER CHARGES IN THE OPERATIONS OF SMALL-SCALE

MINING AND THE TAKING, REMOVAL AND DISPOSITION OF

MINERALS AND OTHER QUARRY RESOURCES xxx FROM

PUBLIC AND PRIVATE LANDS WITHIN THE TERRITORIAL

JURISDICTION OF THE PROVINCE OF AKLAN

(With amendments of certain sections in Provincial Ordinance 05-027)

Incorporated in the Provincial Ordinance

No. 02, Series of 2005

Article VII Mineral Resources of the

GUIMARAS ENVIRONMENTAL CODE

GUIMARAS

ANTIQUE

PROVINCIAL ORDINANCE NO. 2010-58:

AN ORDINANCE REVISING RESOLUTION NO. 556-93

ADOPTING PROVINCIAL TAX ORDINANCE NO. 008

SERIES OF 1993 PRESCRIBING THE MECHANISM

GOVERNING THE ISSUANCE OF PERMITS FOR THE

OPERATION OF SMALL SCALE MINING, THE TAKING,

REMOVAL AND DISPOSITION OF ORDINARY EARTH,

GRAVEL, SAND, GUANO, PEBBLES, GEMSTONE,

OTHER LOOSE OR UNCONSOLIDATED MATERIALS

AND OTHER QUARRY RESOURCE

CAPIZ

Article D – Tax on Sand and Gravel and

other Quarry Products as taken from

Provincial Tax Ordinance No. 2, series of

1992, is being adopted

BACOLOD CITY

City Ordinance 318 series of 2002: An

Ordinance Enacting the Quarry Code

of Bacolod City which shall Govern

Quarry and Quarry-related Operations

within the City of Bacolod City xxx

EXTRACTION FEE RATES FOR SAG

PhP

Aklan 20.00/cu/m.

Antique 15.00/cu.m.

Guimaras 10.00/cu.m.

Iloilo 20.00/cu.m.

Negros Occidental 30.00/cu.m.

Capiz 1.50-3.50/cu.m.(Sand)*

1.50-7.50/cu.m.(Gravel)*

* Depending on the rate prescribed by the Municipality

LGU INCOME GENERATED

FROM MINING TAXES & FEES

FOR THE LAST FIVE (5) YEARS

(2010-2014)

ILOILO

Extraction fee Administrative

Fees and other

charges

Total Income

Derived

2010 7,670,688.00 825,126.00 8,495,814.00

2011 6,150,287.00 939,173.00 7,089,460.00

2012 7,871,390.00 723,696.00 8,595,086.00

2013 9,906,450.00 917,612.00 10,824,062.00

2014 11,740,000.00 1,274,515.00 13,014,515.00

NEGROS OCCIDENTAL

Extraction fee Administrative

Fees and other

charges

Total Income

Derived

2010 8,556,875.00 1,634,187.00 10,191,062.00

2011 11,746,457.00 1,575,709.00 13,322,166.00

2012 16,004,270.00 2,600,743.00 18,605,013.00

2013 13,343,373.00 1,929,498.41 15,272,871.41

2014 16,886,220.00 2,616,290.00 19,502,510.00

AKLAN

Extraction fee Administrative

Fees and other

charges

Total Income

Derived

2010 5,594,688.00 157,090.00 5,751,778.00

2011 6,260,830.00 100,943.00 6,361,773.00

2012 7,131,728.00 130,148.00 7,261,876.00

2013 4,198,552.00 64,947.00 4,263,499.00

2014 3,085,136.00 38,630.00 3,123,760.00

Extraction

fee

Administrative

Fees and other

charges

Total Income

Derived

2010 1,200,426.33 83,005.00 1,283.431.33

2011 2,661,595.33 265,415.00 2,927,010.33

2012 2,123.507.00 168,570.00 2,292,077.00

2013 3,076,044.00 74,035.00 3,150,079.00

2014 3,763,525.00 100,630.00 3,864,155.00

ANTIQUE

Extraction

Fee

Administrative

Fees and other

charges

Total Income

Derived

2010 22,797.75 162,415.00 185,212.75

2011 20,497.00 494,497.50 514,994.50

2012 33,322.00 547,199.20 580,521.20

2013 26,020.50 532,556.00 558,576.50

2014 208,413.38 617,732.80 826,146.18

GUIMARAS

SMALL SCALE AND QUARRY OPERATIONS

(LGU-ISSUED PERMITS) As of May 2015

Province CSAG ISAG SSMP Quarry Total

Aklan 12 3 - 2 17

Antique 9 3 - 3 15

Guimaras 7 - - 14 21

Capiz 2 - - 11 13

Iloilo 93 6 - 18 117

Negros

Occidental

27 58 - 30 115

Total 150 70 - 78 298

Province Date of Creation

Iloilo

April 2001

Negros Occidental November 2001

Aklan April 2002

Guimaras June 2002

Capiz October 2002

Antique September 2003

Existing Mine Rehabilitation Fund

Committees in Region 6

Province Date of Creation

Iloilo

April 2001

Negros Occidental November 2001

Aklan April 2002

Guimaras June 2002

Capiz October 2002

Antique September 2003

Existing Multi-partite Monitoring

Teams in Region 6

1st

Regional P/CMRB Conference

Punta Villa Training Center, Arevalo, Villa, Iloilo City

October 17-18, 2000

2ND

P/CMRB Regional Conference/Workshop

Aklan Training Center, Kalibo, Aklan

April 11-13, 2002

3rd

P/CMRB Regional Conference/Workshop and 1st

MRFC Summit

Gerry Roxas Foundation Resource Center and

Convention Hall, Roxas City, Capiz

April 18-20, 2007

P/CMRB/MRFC REGIONAL

CONFERENCES/SUMMITS

4th

P/CMRB Regional Summit

O Hotel, San Sebastian Street, Bacolod City

June 23-24, 2009

5th

Regional P/CMRB and 2nd

Regional

MRFC Summit,

Smallville 21 Hotel, Diversion Road, Iloilo City

October 6-7, 2011

6TH

P/CMRB Regional Summit

Smallville 21 Hotel, Diversion Road, Iloilo City

September 13, 2012.

P/CMRB/MRFC REGIONAL

CONFERENCES/SUMMITS

3rd

Joint Regional P/CMRB - MRFC Summit

Palmas Del Mar, Bacolod City

October 24-25, 2013

4th

Joint Regional P/CMRB - MRFC Summit,

Raymen Beach Resort, Nueva Valencia, Guimaras

October 22-23, 2014

9TH

P/CMRB Regional Summit

Iloilo Grand Hotel, Iloilo City

May 7, 2015

P/CMRB/MRFC REGIONAL

CONFERENCES/SUMMITS

Mines and Geosciences Bureau Department of Environment and

Natural Resources www.denr.gov.ph www.mgb.gov. ph

www.mgb6.org