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What is a necessary condition for obtaining Free and Prior Informed Consent (FPIC) from Indigenous Cultural Communities/Indigenous Peoples?
What is a key principle in obtaining Free and Prior Informed Consent (FPIC) from Indigenous Cultural Communities/Indigenous Peoples?
What percentage of the gross output from the mining activity is the minimum agreed royalty payment for the Indigenous Cultural Communities/Indigenous Peoples?
What is the purpose of the trust fund managed and utilized by the Indigenous Cultural Communities/Indigenous Peoples?
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How does the IPRA Law define Ancestral Domains?
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What right is granted to Indigenous Cultural Communities/Indigenous Peoples under the IPRA Law?
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In how many specific contexts does the IPRA Law mention mining/minerals?
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What is the primary goal of the provision regarding Sustainable Traditional Resource Rights under the IPRA Law?
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Which of the following rights do ICCs/IPs have in connection with minerals?
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What is the minimum number of years of actual practice in mining engineering required to become a Board Examiner/Member?
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What is the consequence of neglect of duty, incompetency, or unprofessional, dishonorable, or unethical conduct by a Board Member?
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Which of the following is a requirement to become a Board Examiner/Member?
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What is included in the definition of ancestral domains?
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Can a faculty member of an institution where mining engineering, geology, or metallurgy is taught become a Board Examiner/Member?
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Who recommends a candidate to become a Board Examiner/Member?
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Under what condition can a person practice mining engineering?
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Study Notes
Mining Activities in Ancestral Domains and Lands
- To conduct mining activities within Ancestral Domains and Lands, the following requirements must be met under the IPRA Law (RA 8371):
- Free and Prior Informed Consent (FPIC) must reflect the consensus of all members of the Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs).
- The process of obtaining FPIC should align with the customary laws and practices of the ICCs/IPs.
- The consent must be free from any form of external manipulation, interference, or coercion.
- Full disclosure of the intent and scope of the mining activity must be provided in a manner that is understandable to the community.
- The minimum agreed royalty payment for the ICCs/IPs must not be less than 1% of the gross output from the mining activity.
- This royalty forms part of a trust fund managed and utilized by the ICCs/IPs for their socioeconomic well-being.
Mentions of Mining/Minerals in the IPRA Law
- The IPRA Law mentions mining/minerals in three specific contexts:
- Ancestral domains are defined to include natural resources such as minerals.
- ICCs/IPs have the right to sustainably use, manage, protect, and conserve their natural resources, including minerals.
- ICCs/IPs are entitled to full ownership, control, and protection of their cultural and intellectual rights, which include resources such as minerals.
Can Minerals Be Part of Ancestral Domains?
- Yes, minerals can be part of ancestral domains.
- The IPRA Law explicitly includes minerals within the definition of ancestral domains.
Mining Engineering Law of the Philippines (RA 4274) - 1965
Who can become Board Examiners/Members?
- Must be a citizen of the Philippines.
- Must hold a degree of Engineer of Mines (E.M.) or Bachelor of Science in Mining Engineering (B.S.E.M.) from a legally chartered and reputable engineering school or college.
- Must be registered and legally qualified to practice mining engineering in the Philippines.
- Must have at least ten years of actual practice in mining engineering, metallurgical engineering, and/or geology, with at least five years specifically in mining engineering.
- Must not be a faculty member of any institution where mining engineering, geology, or metallurgy is taught, nor have any financial interest in such an institution.
- Must be recommended by a bona fide professional mining engineering society.
Can Board Members be removed?
- Yes, Board Members can be removed by the President through his Executive Secretary for neglect of duty, incompetency, or unprofessional, dishonorable, unethical conduct.
- The member concerned must be given an opportunity to defend himself in a proper administrative investigation conducted by the Office of the Civil Service Commissioner.
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Description
Understand the requirements for mining activities in ancestral domains and lands, including the Free and Prior Informed Consent (FPIC) and its alignment with customary laws and practices.
