Presented by: Mr. Alfredo J. Genetiano Mines and Geosciences Bureau DENR-CAR The First Baguio Land Summit at the Pedro Dumol Hall, BENECO Building, on Friday, September 13, 2019.

1. “Baguio: A Mining Free City?”
Alfredo J. Genetiano
Mines and Geosciences Bureau
DENR-CAR

2. “BAGUIO: A Mining Free City?”
SCOPE OF PRESENTATION
I. Mineral Land
II. Establishment of Mineral Land
III. Types of Mining Rights
IV. Factors in Granting Mining Rights
V. Mineral Reservations and Minahang
Bayan Applications

3. 1) Mineral Land
• Means any area where mineral resources are
found and mineral resources refers to any
concentration of ores, minerals and/or rocks with
proven or potential economic value.
• Incidentally, a land is determined to possess
minerals of potential or proven economic value
only by undertaking exploration.
• Exploration refers to the searching for mineral
resources for the purpose of determining the
existence, extent, quality and quantity thereof
and the feasibility of mining them for profit.

4. 2) Establishment of Mineral
Land
• In Non-Reservation Areas:
Under the previous mining laws, mineral lands are
established through Mineral Patents under the
Philippine Bill of 1902 or Act of U.S Congress,
Mining Lease Contracts/Permits under
Commonwealth Act 137 and Presidential Decree
No. 463 and through Mineral Agreement/Permits
under the New Mining Act of 1995.
• In Reservation Areas
Under the old and present mining laws, through
presidential proclamation.

5. 3) Types of Mining Rights
• Exploration Permit, Mineral Production Sharing
Agreement and Financial or Technical Assistance
Agreement.
• Quarry and Sand and Gravel were devolved to
Local Government Units for approval in
consonance with the Local Government Code.
Applications received and processed by the City
Mining Regulatory Board including Minahang
Bayan applications.

6. 4) Factors in Granting Mining
Right Applications
• Land Use Priorities - Areas closed to mining
are automatically excluded from mining
applications while applied areas with other land
uses which are not covered by the required area
status and clearance or consent are also
automatically excluded. Thus the applied area is
reduced or in some cases, automatically
rejected.

7. Areas Closed to Mining Applications
• Areas covered by valid and existing mining
rights and applications;
• Old growth forest, watershed forest reserve,
wilderness areas, mangrove and mossy forest,
national parks, game refuge, bird sanctuaries,
marine reserves, parks and protected areas
established under the National Integrated and
Protected Areas (NIPAS) Act
• Areas expressly prohibited by law

8. Cont’n, Areas Closed to Mining
Applications
• Areas which the Secretary may exclude, inter
alia, on proper assessment of their
environmental impacts and implications on
sustainable land uses, such as built up areas
and critical watersheds with appropriate
barangay/municipality/city provincial Sanggunian
ordinance specifying therein the location and
specific boundary of the concerned area.

9. Cont’n, Areas Closed to Mining
Applications
• Prime agricultural lands, in addition to lands
covered by RA No. 6657 or the Comprehensive
Agrarian Reform Law of 1988, including
plantations and areas devoted to valuable crops,
and SAFDZ and fish refuge sanctuaries
declared as such by the Secretary of the DA
• Tourism development areas, as identified in the
national and local tourism development plans

10. 4) Cont’n Factors in Granting Mining
Right Applications
• Area Status – refers to the classification of the area
covered by a Mining Application, that is, whether it is
alienable and disposable land, agricultural land, timber
or forest land, public or private land as issued by the
concerned DENR Services or Concerned Government
Offices, and whether or not such lands are covered by
valid/existing/expired/abandoned/cancelled mining
rights or claims, as issued by the MGB.
• Area Clearance – refers to the document issued
concerned DENR Services, Concerned Government
Offices indicating that the areas covered thereby are
free and open for the grant of mining application.

11. Areas Open to Mining Applications
• Public and private lands not covered by valid
and existing mining rights and Mining
Applications;
• Lands covered by expired, abandoned or
cancelled mining rights and Mining Applications;
• Mineral reservations;
• Timber or forest lands as defined in existing
laws, excluding those covered by NIPAS areas;
• Military and other Government Reservations

12. 4) Cont’n Factors in Granting Mining
Right Applications
• In areas subject of Certificates of Ancestral
Domains/Ancestral Land Claims (CADC/CALC)
by Indigenous Cultural Communities the prior
informed consent of the concerned
Communities.
If consent is granted, and the area later developed for
mining, the concerned Indigenous Cultural
Communities is entitled to a minimum of one (1%)
percent of the gross output which will form part of a
trust fund for their socio-economic well-being.

13. 4) Cont’n Factors in Granting Mining
Right Applications
• Not All Mining Applications Will be Approved -
The Mining Act and its IRR mandates the
submission by the applicant of proofs of financial
and technical capability as well as documents
attesting to the environmental and social
acceptability of the proposed mining project.
Absence of any is sufficient ground for the non-
issuance of the mining right.

14. 4) Cont’n Factors in Granting Mining
Right Applications
• Projects that Cannot Absorb the Environmental
and Social Costs of a Modern Mining Project
Shall Not be allowed to Proceed
The Mining Act and its IRR has mandatory
expenditures commitments for a mining company’s
social and environmental responsibilities. Hence,
mining projects that can not absorb the environmental
and social costs of mining shall not be allowed.

15. 5) MINAHANG BAYAN
Name of Applicant Location Area
in Has.
Batawil Small-scale Miners
Association
Atok Trail,
Kias
19.9
Emerald Small-scale Multi-
Purpose Cooperative
Kias 7.7
Walang Bisaya Group Kias 4.6
Zigzag Small-scale Mining of
Katao-Balangitan Group
Camp 7 0.727
Kawa Small-scale Miners
Association
Loakan
Proper
4.9
Benguet Golden Hills
Minahang Bayan
Camp 7 13.74

16. PRESIDENTIAL PROCLAMATIONS
• PRESIDENTIAL PROCLAMATION No. 414 (May
6, 1957)
Area - 380.5725 hectares
Barangays Covered: Country Club Village,
Lucnab, Happy Hallow, Loakan Proper, Atok
Trail, Kias, PMA Fort Del Pilar
• PRESIDENTIAL PROCLAMATION No. 572 (April
8, 1959)
Area – 101.5980 hectares
Barangays Covered: Mines View, Gibraltar,
Pacdal, Pucsusan.