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Week 9 EO 79 of 2012 - Implementing reforms in philippine mining sector - Providing policies and guidelines to ensure environmental protection Sec 1. Areas Closed to Mining 1. Areas under Sec. 19 of RA 7942 2. Protected areas under NIPAS 3. Prime agricultural lands; fisheries deve...

Week 9 EO 79 of 2012 - Implementing reforms in philippine mining sector - Providing policies and guidelines to ensure environmental protection Sec 1. Areas Closed to Mining 1. Areas under Sec. 19 of RA 7942 2. Protected areas under NIPAS 3. Prime agricultural lands; fisheries development zones and fish refuge and sanctuaries 4. Tourism development areas 5. Other critical areas Sec 2. The gov’t and DENR with the LGUs shall ensure environmental standards in mining are fully and strictly enforced. Only those who are able to comply with all requirements are eligible for grant of mining rights. Sec 3. A multi-stakeholder team led by the DENR shall conduct a review of the performance of existing mining operations Sec 4. No new mineral agreements shall be entered into until legislation rationalizing existing revenue sharing schemes and mechanisms have taken effect. The DENR may continue to grant Exploration Permits. Grantees of exploration permit have the right of first option. Sec 5. Potential and future mining areas with known mineral resources shall be declared as Mineral Reservations identified in the Philippine Development Plan and a National Industrialization Plan. “National Government Owned Mining Assets” - mining areas/tenements previously held by operators Sec 6. The grant of mining rights and mining tenements over areas with known mineral resources, including those owned by the Government shall be undertaken through competitive public bidding prepared by the MGB. Sec 7. All valuable metals in abandoned ores and mine wastes and/or mill tailings generated by previous/defunct mining operations belong to the State and shall be developed and utilized through competitive public bidding. Sec 9. Constituting the MICC or Mining Industry Coordinating Council co-chaired by chairpersons from two clusters. Members: 1. Secretary 2. Department of Justice 3. Chairperson, NCIP 4. President, ULAP (Union of Local Authorities of Philippines) Functions of MICC: 1. Demand operational and financial reports from both large and small-scale miners 2. Conduct of verification at the national, regional and local levels of taxes and fees 3. Fast-track release and access of LGUs to their share from mining revenues 4. Updating of mineral commodity profile and database 5. Conduct a study on existing mechanisms for benefit sharing and review of existing taxes, fees 6. Study the terms and conditions of service contracts entered by DOE 7. Study the imposition of higher export fees 8. Consider tapping 3rd party international auditors to validate the volume and value of mineral exports 9. Increase mine wastes and tailings and occupation fees (DENR) 10. Provide benchmarks for the valuation of minerals (DENR) 11. Prepare and maintain revenue baseline data (BIR) EO 130 of 2021 - Amending Sec. 4 of EO 79 2012 Sec 1. The moratorium on mineral agreements under Section 4, EO No. 79 is hereby lifted. The Government may enter into new mineral agreements, subject to compliance with the Philippine Mining Act of 1995 and other applicable laws. Sec 2. DENR shall strictly implement mines safety and environmental policies. TRAIN Law (RA 10963) - Increase in Excise Tax from 2 to 4% - 1% (Php12.9 billion) total mining contribution of total PH revenue of Php1900 billion Coal Excise Tax - Current: P10 per metric ton - Train Law: P50 per metric ton (1st yr), P100 per metric ton (2nd yr), P150 per metric ton (3rd and succeeding years) Mining Tax - Current: 2% on metallic & non-metallic - Train Law: 4% on metallic & non-metallic Petroleum Excise Tax - Liquefied, Diesel: None, Premium Gasoline: P4.35 per liter - Train Law (2020 onwards): P3 per kg Liquefied, P6 per kg Diesel, P10 per liter Premium Gasoline Where revenue from TRAIN will go: 70% - Infrastructures and new road networks; Military; Drinking Supply 30% - Social mitigating measures: Education, health, nutrition, and anti-hunger programs EO 79 2012 on Small-Scale Mining Sec 11. To improve and address issues on small-scale mining, the following measures shall be undertaken: a) shall comply with RA 7076 or People’s Small-Scale Mining Act of 1991, and the EIS requirements under PD 1586; b) shall be undertaken only within the declared Minahang Bayan; 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 d) shall not be applicable for metallic minerals except gold, silver, and chromite, as provided for in RA No. 7076; e) use of mercury in small-scale mining shall be strictly prohibited f) 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 Week 10 RA 7076 (People’s Small Scale Mining Act) Sec 2. It is declared of the State to promote, develop, protect and rationalize viable small-scale mining activities in order to generate more employment opportunities and provide an equitable sharing of the nation's wealth. Definitions: 1. Mineralized areas - areas with naturally occurring mineral deposits of gold, silver, chromite, kaolin, silica, marble, gravel, clay and like mineral resources 2. Small-scale miners - Filipino citizens who, individually or in the company of other Filipino citizens, voluntarily form a cooperative duly licensed by the Department of Environment and Natural Resources to engage, under the terms and conditions of a contract, in the extraction or removal of minerals or ore bearing materials from the ground; 3. Small-scale mining - mining activities which rely heavily on manual labor using simple implement and methods and do not use explosives or heavy mining equipment; 4. License - refers to the privilege granted to a person to legitimately pursue his occupation as a small-scale miner or processor under this Act; 5. Small-scale mining contract - refers to co-production, joint venture or mineral production sharing agreement between the State and a small-scale mining contractor for the small-scale utilization of a plot of mineral land; 6. Small-scale mining contractor - refers to an individual or a cooperative of small-scale miners, registered with the Securities and Exchange Commission or other appropriate government agency, which has entered into an agreement with the State for the small-scale utilization of a plot of mineral land within a people's small-scale mining area; 7. Active mining area - refers to areas under actual exploration, development, exploitation or commercial production as determined by the Secretary after the necessary field investigation or verification including contiguous and geologically related areas belonging to the same claimowner and/or under contract with an operator, but in no case to exceed the maximum area allowed by law; 8. Claimowner - refers to a holder of an existing mining right;  9. Processor - refers to a person issued a license to engage in the treatment of minerals or ore-bearing materials such as by gravity concentration, leaching beneficiation, cyanidation, cutting, sizing, polishing and other similar activities; 10. Mining plan - refers to a two-year program of activities and methodologies employed in the extraction and production of minerals or ore-bearing materials, including the financial plan and other resources in support thereof; 11. Artisanal small-scale miner - works independently, mining minerals using their own resources, usually by hand Sec 3. Objectives a. To ensure the effective implementation of the People's Small–Scale Mining Program b. To effect an orderly, systematic, and ecologically balanced administration and disposition of small-scale mining areas c. To regulate the small-scale mining industry, with a view of enhancing its growth as well as ensuring environmental protection d. To provide technical, financial, and marketing assistance; ensure efficient collection of government revenues; adopt best practices; and promote good governance Difference between “Ancestral Domain” and “Ancestral Land” according to DAO 2022-3 Ancestral Domain - all areas belonging to ICCs/IPs. It includes ancestral lands and lands that may no longer be exclusively occupied by ICCs/lPs but from which they traditionally had access Ancestral Land - land occupied, possessed, and utilized by ICCs/IPs since time immemorial Who is/are the Board? Board refers to the Provincial/City Mining Regulatory Board (PMRB) Composed of: a. Regional Director authorized representative as Chairperson b. Provincial Governor or City Mayor c. One small-scale mining representative d. One large-scale mining representative e. One representative from an environmental NGO Sec 20. Functions of the Board: (subject to review of Secretary) a. Declares existing gold-rich areas for small-scale mining b. Reserves for the future, mineralized areas as Minahang Bayan; c. Evaluates and approves PEIMP, CDMP, ASHP; d. Awards Small-Scale Mining Contracts and Mineral Processing License; e. Formulates guidelines, rules and regulations; f. Settles disputes over conflicting claims within a small-scale mining area; g. Suspends for cause after due process Small-Scale Mining Contracts and Mineral Processor's License; h. Submits to the Department and the Bureau an Annual Report of the overall operation of the Minahang Bayan; i. Performs such other functions as may be necessary What is a Minahang Bayan? Minahang Bayan - or "People's Small-Scale Mining Area" refers to the entire area declared by the Board for the conduct of small-scale mining Sec 5. Can you do small-scale mining outside a “Minahang Bayan”? NO Can you engage in small-scale mining without a Small-Scale Mining Contract? NO Can any person work or be hired to work in small-scale mining and other similar operations? NO, unless registered by Board Sec 8. How to know suitability of a Minahang Bayan for Small-Scale Mining? Conditions: a. For Gold and Silver Deposits: 1. Alluvial/Placer deposits of at least 1 gram/ton gold equivalent grade 2. Epithermal, Vein-type, Disseminated or Porphyry deposits of at least 5 grams gold/ton grade b. For Chromite Deposits: 1. For metallurgical chromite - Alluvial/Placer deposits 2. Shallow or near surface deposits Sec 9. Basic Process for Minahang Bayan Declaration 1. Petitioner files petition. 2. P/CMRB forwards petition to MGB RO 3. MGB RO checks Areas open for MB and SSM 4. MGB CO checks MB proposal and endorses to DENR Secretary 5. DENR conducts initial review (IR) 6. MGB CO informs MGB RO of IR result who shall forward to P/CMRB 7. P/CMRB prepare publication and sending of notices of MB proposal 8. P/CMRB forward petition to Secretary thru MGB Director 9. MGB CO checks completion of requirements 10. DENR conducts final review and releases DENR clearance thru MGB CO 11. P/CMRB requires submission of ECC and declares MB upon compliance Sec 37. Can a “Minahang Bayan” status be reverted/withdrawn? How? YES, Secretary shall withdraw thru Director when it can no longer be legally or feasibly operated on a small-scale mining or when the safety, health and environmental conditions warrant the same. Sec 6. Who are qualified persons to engage in small-scale mining? Qualified Person - any Filipino citizen of legal age, with capacity to contract; or a 100% Filipino-owned corporation organized for purpose of engaging in small-scale mineral processing, with technical and financial capability Registration of Small-scale Miners a. Filipino citizen; b. Legal age; c. With any government issued ID; d. Barangay Clearance as proof of residency; e. Certificate of attended skills and safety trainings conducted by MGB RO Validity: 3 years, renewable for like periods Sec 14. Can small-scale mineral processing be done anywhere there is a MB? NO, it shall be done only in Mineral Processing Zones (MPZ) under a Mineral Processing License (MPL): Provided, That no mercury shall be used. Sec 16. An application for Mineral Processor's License (MPL) shall be filed by a qualified person with payment of required fee of Php10,000 to Provincial/City gov’t Sec 35. Grounds for suspension of Small-Scale Mining Contracts/MPL. a. Violation of safety standards b. Violation of the terms and conditions c. Late or non-submission of requirements d. Non-compliance with the approved PEIMP, CDMP and ECC e. Non-compliance with the approved 2-Year Work Program; f. Holders with tailings impoundment/disposal system that were found to have discharged and/or to be discharging solid fractions of tailings into areas other than the approved tailings disposal area shall pay Php100.00/metric ton, which shall accrue to the SSMWT Reserve Fund g. Late or non-submission of annual report on the amount of mine wastes and tailings produced shall mean non-availment of the exemption from payment of MWT fees and a fine of Php5,000 Sec 36. Grounds for cancellation of Small-Scale Mining Contracts/MPL. a. Violation of the terms and conditions b. Failure to operate within 1 year after the approval of the SSMC/MPL c. Non-payment of fees, taxes, royalties and/or government production share in accordance with this Administrative Order and other laws for 2 consecutive years d. Abandonment of the contract area or mineral processing plant for 1 year e. Misrepresentation in any statement made in the application f. For environmental protection or ecological reasons; g. When MB has been reverted h. Violation of RA No. 7076 and this Administrative Order and other laws i. Violation of DAO 99-32 also known as "Policy Guidelines and Standards for Mine Wastes and Mill Tailings Management" The Secretary, thru the Board, may impose fines of an amount of x > Php20,000 > Php100,000 Sec 38. Assistance to Small-Scale Miners a. Organization of small-scale miners into cooperatives b. Technical and financial assistance and social services c. Processing and marketing assistance d. Generation of necessary livelihood activities Sec 33. Payment of Taxes and Government Production Share a. National and local taxes due b. Royalty, if within mineral reservations c. Government production share Sec 39. What does RA 7076 and its IRR say about the Gold from small-scale mining? All gold produced from MB shall be sold to the BSP, or its duly accredited traders, at prices competitive with those in the world market. The Director shall ensure that a list of registered SSMs is made available to the BSP. BIR exempts SSMs from taxes (2020) Sec 11. How large can SSMCs be? The Board shall determine following the meridional block system but in no case shall the applied area be less than 1.25 hectares and more than 20 hectares per Small-Scale Mining Contract. Sec 10. How long do Small-Scale Mining Contracts terms last? Can it be renewed? 2 Years, renewable for like periods Application to enter SSMC 1. Accomplished notarized form 2. App fee of P10k for non-metallic and P20k for gold, silver, and chromite 3. SSM license 4. Location map of ssm area 5. Sketch plan of proposed area 6. Proposed SSMC 7. Proposed 2 Year program 8. PEIMP, ASHP, CEMCRR, and CDMP 9. Sworn declaration Process in SSMC Awarding 1. Applicant filing of SSMC 2. Processing of App 3. Applied area in conflict?  4. If YES, applicant revises, then file again; If NO, award of SSMC by RD as chair of PCMRB PEIMP (Philippine Environmental Impact Management Plan) - environmental management and rehabilitation plan, approved by RO CDMP (Community Development and Management Plan) - plan approved by RO, which aims to assist in the development of responsible, self reliant, and resource-based host and neighboring communities ASHP (Annual Safety and Health Program) - program approved by the RO ensures just, safe, and humane working environment for small-scale miners or mineral processing plant workers Sec 40. Do small-scale mines/Minahang Bayan need to apply for an Ore Transport Permit? YES, the transport of ore products, from a MB shall be accompanied by an Ore Transport Permit issued by the Board Week 11 IPRA Law 1997 (RA 8371) - Recognize, protect, and promotes rights of ICCs and IPs - Creating national commission on IPs National Policy of the IPRA The State shall: a) recognize and promote the rights of ICCs/IPs b) protect the rights of ICCs/IPs to their ancestral domains to ensure their economic, social and cultural well being and recognize the applicability of customary laws governing property rights in the ownership of ancestral domain c) recognize, respect and protect the rights of ICCs/IPs to preserve their cultures, traditions and institutions. d) guarantee that members of the ICCs/IPs regardless of sex, shall equally enjoy the full measure of human rights and freedoms without discrimination Definitions: 1. Ancestral Lands – refers to areas occupied, possessed, and utilized by individuals, families, and clans who are members of ICCs/IPs since ancient times, either individually or as part of a traditional group. 2. Ancestral Domains - refers to areas belonging to Indigenous Cultural Communities (ICCs) and Indigenous Peoples (IPs) that include lands, waters, coastal areas, and natural resources. 3. Time Immemorial - refers to a period of time when as far back as remembrance can go, certain ICCs/IPs are known to have occupied, possessed in the concept of owner, and utilized a defined territory 4. People’s Organization - refers to a private, nonprofit voluntary organization of members of an ICC/IP which is accepted as representative 5. Non Government Organization - refers to a private, nonprofit voluntary organization that has been organized primarily for the delivery of various services to the ICCs/IPs 6. Free and Prior Informed Consent (FPIC) - as used in this Act shall mean the consensus of all members of the ICCs/IPs free from any coercion and obtained after fully disclosing the intent and scope of the activity 7. Customary Laws - refer to a body of written and/or unwritten customs and practices traditionally and continually recognized and observed by ICCs/IPs;  8. National Commission on Indigenous Peoples (NCIP) - refers to office created under this Act, which shall be the primary government agency responsible for implementation of policies/programs to protect and promote the rights of ICCs/IPs; 9. Indigenous Cultural Communities/Indigenous Peoples - refer to a group of people or societies, who have lived as organized community on defined territory and since time immemorial occupied such territories, sharing common customs/traditions, or through resistance to political, social and cultural inroads of colonization, non-indigenous religions and cultures, became differentiated from the majority 10. Indigenous Political Structures - refer to organizational and cultural leadership systems for decision-making and participation, identified by ICCs/IPs such as, Council of Elders, Council of Timuays, Bodong Holders, or any other tribunal What is required to be able to do mining activities in Ancestral Domains and Lands? FPIC. To be able to obtain FPIC, the minimum agreed royalty payment may not be less than 1% of the gross output. That royalty shall form part of a trust fund managed and utilized by the ICCs There are 3 mentions of mining/minerals in the IPRA, what are these? (1) Ancestral Domains - mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which they traditionally had access to. (2) Sustainable Traditional Resource Rights — refer to the rights of ICCs/IPs to sustainably use, manage, protect and conserve a) land, air, water, and minerals (3) Right to Indigenous Knowledge Systems and Practices and to Develop own Sciences and Technologies - ICCs/IPs shall have special rights to control, develop, and protect their sciences, technologies, and cultural manifestations, including minerals Mining Engineering Law (RA 4274) Sec 4. Who can become Board Examiners/Members? 1. Citizen of the Philippines; 2. Holder of the degree of Bachelor of Science in Mining Engineering, B.S.E.M., 3. Registered and legally qualified to practice mining engineering;  4. Engaged in actual practice of mining engineering, metallurgical engineering and/ or geology for at least ten years, five of which must be in the field of mining engineering; 5. Not a member of the faculty of any school where a regular course in mining engineering, geology and/or metallurgy is taught 6. Recommended by the bona fide professional mining engineering society Sec 7. Can Board Members be removed? On what grounds? YES Removal of the Board Members - The President, 6 through his Executive Secretary,7 may remove any member of the Board for neglect or incompetency, or for unprofessional or unethical conduct, after having given the opportunity to defend himself in a proper administrative investigation conducted by the Office of the Civil Service Commissioner. Terms of Office - The members of the Board shall have a term of three years after appointment or until their successors shall have been appointed. Sec 11. No person shall practice mining engineering in the Philippines, without having been registered as a mining engineer or granted a certificate of exemption under Section 13. Sec 12. A person shall be deemed to be practicing mining engineering within the meaning and intent of this Act who shall, for a fee, salary or other reward of compensation, paid to him or through another person, or even without such compensation, render by means of signs, cards, advertisements, written reports, and/or in any other manner offer to practice mining engineering in the form of consultation, investigation, mining reports, valuation and ore reserve calculation; take charge of, supervise mining operations: Provided, That the above functions are exercised in a responsible and independent capacity Sec 15. Qualifications for Examinations. 1. at least twenty-one years of age: Provided, That an applicant possessing theory qualifications who is under twenty-one years of age may be allowed to take the examinations on condition that he shall not be granted a certificate until after he turns twenty-one. 2. if a foreigner, his country accords reciprocity 3. good reputation and moral character;  4. graduated with at least a bachelor of science degree in mining engineering, plus at least five years of practical mining experience subject to evaluation by the Board Sec 16. Qualifications of Applicants for Mine and/ or Quarry Foreman. 1. at least twenty-one years of age: Provided, That an applicant possessing theory qualifications who is under twenty-one years of age may be allowed to take the examinations on condition that he shall not be granted a certificate until after he turns twenty-one. 2. if a foreigner, his country accords reciprocity 3. good reputation and moral character; 4. completed a mining and/or quarry course or from any mining company training course; 5. at least five years actual experience in mining and/or quarrying. Sec 17. Examinations shall be given on the second Monday of January and July of each year. Related to: a. Mining engineering and economics, mining laws and ethics; b. Metallurgy, ore dressing and assaying; c. Geology and surveying; d. Applied mathematics. Provided, That, the relative weights of mining engineering and economic, mining laws and ethics shall be forty percent; that of geology and surveying, twenty percent; that of metallurgy, twenty percent; and that of applied mathematics, twenty percent. Sec 18. The Board of Examiners shall within ninety days after the examination, report the ratings obtained by each candidate to the Commissioner of Civil Service. Sec 22. Can a certificate/license be revoked? YES, the Board, after due hearing, shall have the power to reprimand any registrant suspend or revoke his certificate of registration for any cause or for the perpetration of any fraud or deceit in obtaining certificate, or for gross negligence or incompetence in the practice, or for unprofessional, dishonorable, or immoral conduct: Provided, however, That the decision of the Board in the exercise of this power shall be appealable, within thirty days after receipt of the decision of the Board, to the President of the Philippines whose decision shall be final.  Grounds for revocation: 1. Signed any documents or works not prepared by him 2. Represented himself as having undertaken or supervised the survey, valuation, mine tunneling, shafting and quarrying, without having done so; or 3. Represented himself as having performed mining engineering service without actually having done so; or 4. Represented himself as having acted as superintendent of a mining operation without having done so Sec 23. Can a revoked certificate be re-issued? YES, the Board may, after the expiration of two years from the date of revocation of a certificate of registration, for reasons it may deem sufficient, entertain any application for a new certificate of registration, from a person whose certificate has been revoked, exempt the applicant from the necessity of undergoing any examination. Week 12 Mining Engineering CODE OF ETHICS PREAMBLE It is a solemn responsibility of a Mining Engineer, after admission in the practice of mining engineering to adhere to the fundamental principles of his/her profession guided by a norm of conduct consistent with this Code of Ethics. Article I - DECLARATION OF PRINCIPLES Rule 1. The practice of Mining Engineering, as a profession, is a privilege granted by the State. The privilege requires a high degree of knowledge, efficiency, responsibility and morality. The dignity and honor of the profession must at all times be kept unblemished. Rule 2. The duly constituted authorities shall be recognized and obeyed in the practice of the profession. Rule 3. A Mining Engineer shall endeavor to protect and conserve, develop, and utilize the natural resources of the State for the benefit of the present and future generations. Article II - RESPONSIBILITIES TO THE STATE Rule 1. The Mining Engineer shall maintain allegiance to the Republic of the Philippines, support the Constitution and obey all laws duly promulgated and approved by the duly constituted authorities. Rule 2. The Mining Engineer shall faithfully exercise his/ her profession, conserve and protect the natural resources of the State, and promote the development and use of such natural resources for the interest of the people. Rule 3. The Mining Engineer shall strive for the common good and shall contribute his/her expertise for the success of national projects or policies. Rule 4. The Mining Engineer in the government service must work for the interest of the government and shall not employ his position for profit. He shall not exact favors or oppress those dealing with his office. Rule 5. The Mining Engineer shall actively support the organization of his chosen profession, and share his experiences with others in the profession. Article III - RESPONSIBILITIES TO THE COMMUNITY Rule 1. Foremost, The Mining Engineer should be aware of the safety and welfare of the people, in the pursuit of his/her profession. Rule 2. The Mining Engineer shall always be ready and willing to render professional service, even without compensation, in cases of accidents, emergencies, or calamities. Rule 3. The Mining Engineer shall not issue or cause to be issued any unwanted professional opinion, improper advice, false information tending to alarm, confuse, or endanger the safety of the community. He shall report to the proper  authorities acts or omissions relative to the practice of the profession which are prejudicial to public interest and the welfare of the people. Rule 4. The Mining Engineer shall not render a professional opinion or report without the benefit of supporting facts and competent analysis of the mining issue at hand. The basis and limitations of his professional opinion or conclusion must be stated clearly, taking into account the purpose for which the opinion or report is rendered. Rule 5. The Mining Engineer shall not issue or cause to be issued any sensational or exaggerated opinion, report or statement tending to induce or encourage any undertaking or activity that may be immoral, unlawful or inimical to the general welfare. Rule 6. The Mining Engineer shall always endeavor, if called upon to enlighten any interested sector of the community, to state honestly in accordance with his professional knowledge the facts or circumstances pertinent to the inquiry, without bias or prejudice. Rule 7. The Mining Engineer shall not cause or allow the publication of his report, maps or dissertations for any untoward, unlawful or immoral undertaking. However, he may publish or cause the publication of any article, document or writing in order to impart his knowledge and expertise to the public. Rule 8. The Mining Engineer may publish or disseminate professional calling cards or announcements; but the announcement or advertisement of his work or expertise must not be false or exaggerated. Pursuant to the provisions of Section 3 of the Republic Act No. 4274, known as the Mining Engineering Law of the Philippines, and Section 6 of P.D. No. 223, this Code of Ethics for Mining Engineers endorsed by the Philippine Society of Mining Engineers (PSEM) is hereby adopted to govern the practice of mining engineering in the Philippines. Article IV - RESPONSIBILITIES TO EMPLOYER AND CLIENTS Rule 1. The Mining Engineer must faithfully use his knowledge and skills in performing his tasks to this clients or employer. Rule 2. The Mining Engineer shall protect with utmost professional attention the interest of his employer or client. Rule 3. The Mining Engineer shall not advance or promote any interest of his client or employer which is contrary to law; public policy or professional obligations and ethics. Rule 4. The Mining Engineer, whose obligations to his employer or clients are in conflict with his professional obligations or ethics, should endeavor to resolve the conflict in accordance with the law, public policy, and the provisions of this Code. Where the conflict is beyond reconciliation, he should sever his professional engagement. Rule 5. The Mining Engineer shall disclose to his prospective employer or client any personal interest he holds on any mineral property, mining organization, or other matters which may affect, directly or indirectly, adversely or otherwise, his relations and obligations with the prospective client or employer.  Rule 6. The Mining Engineer shall not divulge any information given in confidence during his employment; neither shall he attempt to profit therefrom nor shall he use, directly or indirectly, such information to the prejudice of his employer or client. Rule 7. The Mining Engineer shall not engage or offer to engage, his/her professional services to those with conflicting and adverse interests Rule 9. The Mining Engineer shall not place himself under any obligation to any person or organization who has a pending transaction with his employer or client, and shall not receive any favor from such person or organization. Rule 10.The Mining Engineer must refer his client or employer, whenever necessary to serve the interests of the latter, to experts or consultants. He must not accept any favor or compensation whatsoever for the referral to such experts or consultants Rule 11. The Mining Engineer shall act as trustee of his client or employment in the preparation of contracts and similar documents. He shall be impartial in the interpretation of such documents so that the rights and obligations of his clients or employer and other contracting parties shall be faithfully determined and discharged. Article V - RESPONSIBILITIES TO EMPLOYEES Rule 1. The Mining Engineer, as employer, shall at all times be concerned with the welfare of his employees whose rights as workers are guaranteed under the Constitution and protected by laws. Rule 2. The Mining Engineer shall be willing to share the substantial profits from his enterprise with the employees responsible therefor. Rule 3. The Mining Engineer must observe and obey all laws, rules and regulations on labor, particularly those affecting labor relations, hours of work, wages and terms and conditions of work. Rule 4. The Mining Engineer shall at all times strive to improve the knowledge and skill of his employees, provide safety measures for his men, and maintain the operational efficiency of his machines or equipment. Article VI - RESPONSIBILITIES TO COLLEAGUES Rule 1. The Mining Engineer shall accord respect and courtesy to his brothers in the profession. Rule 2. The Mining Engineer shall not fraternize with those engaged in unethical practices. Rule 3. The Mining Engineer must duly acknowledge the professional work of his colleagues and give full recognition thereto; and must refrain from plagiarism in oral or written communications. Rule 4. The Mining Engineer shall ensure that proper credit and recognition must be accorded to any associate, subordinate, or partner, who has contributed to the work for which he himself claims responsibility. Rule 5. The Mining Engineer must not take undue advantage of his present or former stature or position in the profession to unduly oppress or unfairly compete with his colleagues or take undue advantage of their weaknesses or lack of knowledge.  Rule 6. The Mining Engineer must always encourage and promote the professional advancement of his colleagues, especially when he occupies a position of authority. Rule 7. The Mining Engineer shall not describe himself or permit himself to be described as a consultant, unless he possesses all the necessary qualifications and experience, occupies a position of professional independence, and able to act as an independent and unbiased adviser. Rule 8. The Mining Engineer shall seek harmony and cooperation among colleagues in the profession, encourage the ethical dissemination of knowledge in mining engineering and be actively involved with legitimate organizations of his profession. Article VII – ESSENCE OF MINING ENGINEER’S DUTIES AND RESPONSIBILITIES Rule 1. The conferment of the privilege to practice Mining Engineering requires the faithful, ethical and lawful performance of the acts constitutive of professional practice. In the ultimate analysis, the Mining Engineer’s existence is justified by the need to ensure that all the God-given natural mineral resources of the State shall be wisely conserved, and properly developed, exploited, and utilized for the benefit of the present and future generations of the country Article VIII Rule 1. Violation of any provision of this Code shall constitute unethical or unprofessional conduct, and shall be dealt with under the provisions of Section 22 of the Mining Engineering Law and Section 16 of the Rules and Regulations implementing the aforesaid Law. Effectivity Rule 1. This Code shall take effect upon approval hereof by the Commission and after fifteen (15) days following its publication in the Official Gazette. Adopted in the City of Manila, this 10th day of January, 1986. PHILIPPINE ENVIRONMENTAL LAWS CLEAN AIR ACT (RA 8749) OF 1999 - AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR OTHER PURPOSES Section 1. Short Title. - This Act shall be known as the "Philippine Clean Air Act of 1999." Section 2. Declaration of Principles: - The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. - The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems. - The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based. - The State also recognizes the principle that "polluters must pay". - the State recognizes that a clean and healthy environment is for the good of all and should, therefore, be the concern of all. Section 3. Declaration of Policies. - The State shall pursue a policy of balancing development and environmental protection. To achieve this end, the frame work for sustainable development shall be pursued. It shall be the policy of the State to: (a) Formulate a holistic national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities; (b) Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments; (c) Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution; 1. Air Pollution - any alteration of the physical, chemical and biological properties of the atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to render the air resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes 2. Air Pollutant - any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the inert gasses in their natural or normal concentrations, that is detrimental to health or the environment, which includes but not limited to smoke, dust, soot, cinders, fly ash, solid particles of any kind, gasses, fumes, chemical mists, steam and radio-active substances 3. Emissions - any air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the atmosphere  4. Greenhouse gasses - those gases that can potentially or can reasonably be expected to induce global warming, which include carbon dioxide, methane, oxides of nitrogen, chlorofluorocarbons, and the like 5. Mobile Source/ Motor Vehicle - any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal power, constructed and operated principally for the conveyance of persons or the transportation of property or goods in a public highway or street open to public use 6. Stationary Source - means any building or immobile structure, facility or installation which emits or may emit any air pollutant. Ambient air quality guideline values - concentration of air over specified periods classified as short-term and long-term which are intended to serve as goals or objectives for the protection of health and/or public welfare. Ambient air quality - general amount of pollution present in a broad area; and refers to the atmosphere's average purity as distinguished from discharge measurements taken at the source of pollution Certificate of Conformity - a certificate issued by the Department of Environment and Natural Resources to a vehicle manufacturer/assembler or importer certifying that a particular new vehicle or vehicle type meets the requirements provided under this Act and its rules and regulations Hazardous substances - mean those substances which present either: (1) short-term acute hazards such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire explosion; or (2) long term toxicity upon repeated exposure, carcinogenicity (which in some cases result in acute exposure but with a long latent period), resistance to detoxification process such as biodegradation, the potential to pollute underground or surface waters Octane Rating or the Anti-Knock Index(AKI) - s the rating of the anti-knock characteristics of a grade or type of automotive gasoline as determined by dividing by two (2) the sum of the Research Octane Number (RON), plus the Motor Octane Number (MON) Ozone Depleting Substances (ODS) - substances that significantly deplete or otherwise modify the ozone layer in a manner that is likely to result in adverse effects of human health and the environment such as, but not limited to, chloroflourocarbons, halons and the like Pollution control device - any device or apparatus used to prevent, control or abate the pollution of air caused by emissions from identified pollution sources at levels within the air pollution control standards established by the Department Pollution control technology - pollution control devices, production process, fuel combustion processes or other means that effectively prevent or reduce emissions or effluent ECOLOGICAL SOLID WASTE MANAGEMENT ACT (RA 9003) OF 2000 - AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE MANAGEMENT PROGRAM, CREATING THE NECESSARY INSTITUTIONAL MECHANISMS AND INCENTIVES, DECLARING CERTAIN ACTS PROHIBITED AND PROVIDING PENALTIES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES SECTION 1. Short Title. — This Act shall be known as the “Ecological Solid Waste Management Act of 2000.” SECTION 2. Declaration of Policies. — It is hereby declared the policy of the State to adopt a systematic, comprehensive and ecological solid waste management program which shall: (a) Ensure the protection of public health and environment; (b) Utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage resource conservation and recovery; (c) Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste minimization measures, including composting, recycling, re-use, recovery, green charcoal process, and others, before collection, treatment and disposal in appropriate and environmentally sound solid waste management facilities in accordance with ecologically sustainable development principles; (d) Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste through the formulation and adoption of the best environmental practice in ecological waste management excluding incineration; (e) Promote national research and development programs for improved solid waste management and resource conservation techniques, more effective institutional arrangement and indigenous and improved methods of waste reduction, collection, separation and recovery; (f) Encourage greater private sector participation in solid waste management; (g) Retain primary enforcement and responsibility of solid waste management with local government units while establishing a cooperative effort among the national government, other local government units, non-government organizations, and the private sector; (h) Encourage cooperation and self-regulation among waste generators through the application of market-based instruments; (i) Institutionalize public participation in the development and implementation of national and local integrated, comprehensive and ecological waste management programs; and (j) Strengthen the integration of ecological solid waste management and resource conservation and recovery topics into the academic curricula of formal and non-formal education in order to promote environmental awareness and action among the citizenry 7. Solid wastes - refers to all discarded household, commercial waste, non-hazardous institutional and industrial waste, street sweepings, construction debris, agricultural waste, and other nonhazardous/non-toxic 8. Are waste resulting from mining activities, including contaminated soil and debris, included in number 7? NO CLEAN WATER ACT (RA 9275) OF 2004 - AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR OTHER PURPOSES SECTION. 1. Short Title. This Act shall be known as the “Philippine Clean Water Act of 2004.” SEC. 2. Declaration of Policy. The State shall pursue a policy of economic growth in a manner consistent with the protection, preservation and revival of the quality of our fresh, brackish and marine waters. To achieve this end, the framework for sustainable development shall be pursued. As such, it shall be the policy of the State: a) To streamline processes and procedures in the prevention, control and abatement of pollution of the country’s water resources; b) To promote environmental strategies, use of appropriate economic instruments and of control mechanisms for the protection of water resources; c) To formulate a holistic national program of water quality management that recognizes that water quality management issues cannot be separated from concerns about water sources and ecological protection, water supply, public health and quality of life; d) To formulate an integrated water quality management framework through proper delegation and effective coordination of functions and activities; e) To promote commercial and industrial processes and products that are environment friendly and energy efficient; f) To encourage cooperation and self-regulation among citizens and industries through the application of incentives and market-based instruments and to promote the role of private industrial enterprises in shaping its regulatory profile within the acceptable boundaries of public health and environment; g) To provide for a comprehensive management program for water pollution focusing on pollution prevention; h) To promote public information and education and to encourage the participation of an informed and active public in water quality management and monitoring; i) To formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity; and j) To encourage civil society and other sectors, particularly labor, the academe and business undertaking environment-related activities in their efforts to organize, educate and motivate the people in addressing pertinent environmental issues and problems at the local and national levels. 9. Discharge - includes, but is not limited to, the act of spilling, leaking, pumping, pouring, emitting, emptying, releasing or dumping of any material into a water body or onto land from which it might flow or drain into said water. 10. Effluent - means discharges from known source which is passed into a body of water or land, or wastewater flowing out of a manufacturing plant, industrial plant including domestic, commercial and recreational facilities. 11. Effluent standard - means any legal restriction or limitation on quantities, rates, and/or concentrations or any combination thereof, of physical, chemical or biological parameters of effluent which a person or point source is allowed to discharge into a body of water or land. 12. Treatment - means any method, technique, or process designed to alter the physical, chemical or biological and radiological character or composition of any waste or wastewater to reduce or prevent pollution. 13. Water Pollution - means any alteration of the physical, chemical or biological or radiological properties of a water body resulting in the impairment of its purity or quality. 14. Water quality - means the characteristics of water which define its use in terms of physical, chemical, biological, bacteriological or radiological characteristics by which the acceptability of water is evaluated. 15. Hazardous wastes - - substances that are without any safe commercial, industrial, agricultural or economic usage and are shipped, transported or brought from the country of origin for dumping or disposal into or in transit through any part of the territory of the Philippines. These also refer to by-products, sideproducts, process residues, spent reaction media, contaminated plant or equipment or other substances from manufacturing operations, and as consumer discards of manufactured products. TOXIC SUBSTANCES AND HAZARDOUS & NUCLEAR WASTES CONTROL ACT (RA 6969) OF 1990 - AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTES, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER PURPOSES SECTION 1. Short Title. — This Act shall be known as the “Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990.” SECTION 2. Declaration of Policy. — It is the policy of the State to regulate, restrict or prohibit the importation, manufacture, processing, sale, distribution, use and disposal of chemical substances and mixtures that; present unreasonable risk and/or injury to health or the environment to prohibit the entry, even in transit, of hazardous and nuclear wastes and their disposal into the Philippine territorial limits for whatever purpose; and to provide advancement and facilitate research and studies on toxic chemicals. SECTION 3. Scope. — This Act shall cover the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use and disposal of all unregulated chemical substances and mixtures in the Philippines, including the entry, even in transit, as well as the keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever purpose SECTION 4. Objectives. — The objectives of this Act are: a) To keep an inventory of chemicals that are presently being imported, manufactured, or used, indicating, among others, their existing and possible uses, test data, names of firms manufacturing or using them, and such other information as may be considered relevant to the protection of health and the environment; b) To monitor and regulate the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use and disposal of chemical substances and mixtures that present unreasonable risk or injury to health or to the environment in accordance with national policies and international commitments; c) To inform and educate the populace regarding the hazards and risks attendant to the manufacture, handling, storage, transportation, processing, distribution, use and disposal of toxic chemicals and other substances and mixtures; and d) To prevent the entry, even in transit, as well as the keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever purpose.  WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT (RA 9147) OF 2001 - AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES AND THEIR HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES SECTION 1. Title. — This Act shall be known as the “Wildlife Resources Conservation and Protection Act.” SECTION 2. Declaration of Policy. — It shall be the policy of the State to conserve the country’s wildlife resources and their habitats for sustainability. In the pursuit of this policy, this Act shall have the following objectives: (a) to conserve and protect wildlife species and their habitats to promote ecological balance and enhance biological diversity; (b) to regulate the collection and trade of wildlife; (c) to pursue, with due regard to the national interest, the Philippine commitment to international conventions, protection of wildlife and their habitats; and (d) to initiate or support scientific studies on the conservation of biological diversity. SECTION 27. Illegal Acts. - Unless otherwise allowed in accordance with this Act, it shall be unlawful for any person to willfully and knowingly exploit wildlife resources and their habitats, or undertake the following acts: (a) Killing and destroying wildlife species, except in the following instances; (i) When it is done as part of the religious rituals of established tribal groups or indigenous cultural communities (ii) When the wildlife is afflicted with an incurable communicable disease (iii) When it is deemed necessary to put an end to the misery suffered by the wildlife (iv) When it is done to prevent an imminent danger to the life or limb of a human being; and (v) When the wildlife is killed or destroyed after it has been used in authorized research or experiments (b) Inflicting injury which cripples and/or impairs the reproductive system of wildlife species; (c) Effecting any of the following acts in critical habitat(s): (i) Dumping of waste products detrimental to wildlife (ii) Squatting or otherwise occupying any portion of the critical habitat (iii) Mineral exploitation and/or extraction (iv) Burning (v) Logging, and (vi) quarrying