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Questions and Answers
What is the primary objective of the IPRA Law 1997?
What is the primary objective of the IPRA Law 1997?
What is included in the definition of ancestral domains according to the IPRA Law 1997?
What is included in the definition of ancestral domains according to the IPRA Law 1997?
What is the third principle of the National Policy of the IPRA?
What is the third principle of the National Policy of the IPRA?
What is the key difference between ancestral lands and ancestral domains?
What is the key difference between ancestral lands and ancestral domains?
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What is the primary goal of the national commission on IPs created by the IPRA Law 1997?
What is the primary goal of the national commission on IPs created by the IPRA Law 1997?
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What do Customary Laws refer to in the context of Indigenous Cultural Communities/Indigenous Peoples?
What do Customary Laws refer to in the context of Indigenous Cultural Communities/Indigenous Peoples?
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What is the minimum agreed royalty payment required to obtain Free and Prior Informed Consent (FPIC)?
What is the minimum agreed royalty payment required to obtain Free and Prior Informed Consent (FPIC)?
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What is the term used to describe the rights of Indigenous Cultural Communities/Indigenous Peoples to sustainably use, manage, protect and conserve resources?
What is the term used to describe the rights of Indigenous Cultural Communities/Indigenous Peoples to sustainably use, manage, protect and conserve resources?
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Who can become Board Examiners/Members according to the Mining Engineering Law (RA 4274)?
Who can become Board Examiners/Members according to the Mining Engineering Law (RA 4274)?
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Under what grounds can a Board Member be removed according to the Mining Engineering Law (RA 4274)?
Under what grounds can a Board Member be removed according to the Mining Engineering Law (RA 4274)?
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What is the consequence of a mining engineer practicing without registration or exemption under Section 13?
What is the consequence of a mining engineer practicing without registration or exemption under Section 13?
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What is the minimum age requirement for a mining engineer applicant to take the examinations?
What is the minimum age requirement for a mining engineer applicant to take the examinations?
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What is the relative weight of metallurgy, ore dressing, and assaying in the examinations?
What is the relative weight of metallurgy, ore dressing, and assaying in the examinations?
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What is the time period within which the Board of Examiners must report the ratings obtained by each candidate to the Commissioner of Civil Service?
What is the time period within which the Board of Examiners must report the ratings obtained by each candidate to the Commissioner of Civil Service?
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Can a revoked certificate be re-issued under certain circumstances?
Can a revoked certificate be re-issued under certain circumstances?
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Study Notes
IPRA Law 1997 (RA 8371)
- Recognizes, protects, and promotes the rights of Indigenous Cultural Communities (ICCs) and Indigenous Peoples (IPs)
- Creates a national commission on IPs
- State shall:
- Recognize and promote ICC/IP rights
- Protect ICC/IP rights to ancestral domains, ensuring economic, social, and cultural well-being
- Recognize, respect, and protect ICC/IP rights to preserve their cultures, traditions, and institutions
- Guarantee equal enjoyment of human rights and freedoms without discrimination
Definitions
- Ancestral Lands: areas occupied, possessed, and utilized by ICCs/IPs since ancient times
- Ancestral Domains: areas belonging to ICCs/IPs, including lands, waters, coastal areas, and natural resources
- Time Immemorial: period of time when ICCs/IPs occupied, possessed, and utilized a defined territory
- People's Organization: private, nonprofit, voluntary ICC/IP organization
- Non-Government Organization: private, nonprofit organization delivering services to ICCs/IPs
- Free and Prior Informed Consent (FPIC): consensus of all ICCs/IPs, free from coercion, and obtained after fully disclosing activity intent and scope
- Customary Laws: written and/or unwritten customs and practices traditionally recognized and observed by ICCs/IPs
- National Commission on Indigenous Peoples (NCIP): primary government agency responsible for implementing policies/programs to protect and promote ICC/IP rights
FPIC and Mining Activities in Ancestral Domains and Lands
- Requires FPIC to conduct mining activities in ancestral domains and lands
- Minimum agreed royalty payment: 1% of gross output, forming part of a trust fund managed and utilized by ICCs
Mining Engineering Law (RA 4274)
- Board Examiners/Members:
- Citizen of the Philippines
- Holder of a Bachelor of Science in Mining Engineering degree
- Registered and legally qualified to practice mining engineering
- Engaged in actual practice of mining engineering for at least 10 years, 5 of which must be in mining engineering
- Not a member of the faculty of any school teaching mining engineering, geology, and/or metallurgy
- Recommended by a bona fide professional mining engineering society
- Removal of Board Members:
- The President may remove any member of the Board for neglect, incompetency, or unprofessional/unethical conduct
- Terms of Office:
- Members of the Board shall have a term of 3 years after appointment or until their successors are appointed
- Practice of Mining Engineering:
- No person shall practice mining engineering in the Philippines without being registered as a mining engineer or granted a certificate of exemption
- Functions that constitute practicing mining engineering include consultation, investigation, mining reports, valuation, and ore reserve calculation
- Qualifications for Examinations:
- At least 21 years of age
- If a foreigner, their country accords reciprocity
- Good reputation and moral character
- Graduated with at least a Bachelor of Science degree in mining engineering, plus at least 5 years of practical mining experience
- Examinations:
- Held on the second Monday of January and July of each year
- Covers mining engineering and economics, mining laws and ethics, metallurgy, ore dressing and assaying, geology and surveying, and applied mathematics
- Revocation of Certificate/License:
- The Board may revoke a certificate of registration for cause or for the perpetration of fraud or deceit in obtaining the certificate, or for gross negligence, incompetence, or unprofessional, dishonorable, or immoral conduct
- Grounds for revocation include:
- Signing documents not prepared by the registrant
- Representing oneself as having undertaken or supervised work not done
- Representing oneself as having performed mining engineering services not actually done
- Representing oneself as having acted as superintendent of a mining operation without having done so
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Description
This quiz covers the recognition, protection, and promotion of the rights of Indigenous Cultural Communities (ICCs) and Indigenous Peoples (IPs) under the IPRA Law 1997 in the Philippines.
