This decision by the Supreme Court of the Philippines addresses a petition filed by three mining corporations challenging a cease and desist order issued by the Department of Environment and Natural Resources (DENR) for allegedly exceeding the 50,000 metric ton annual production limit for small-scale mining set in Presidential Decree No. 1899. The Court upheld the validity of the production limit and affirmed the DENR's authority to issue the order. Specifically:
1) The Court rejected the argument that the production limit violates equal protection, finding that PD 1899 and the subsequent People's Small-Scale Mining Act establish two different regulatory schemes for small-scale mining.
2) The Court also deferred to the DENR and M
This document discusses the evolving role of intermediaries on the internet and challenges of regulating their liability for user-generated content. It provides examples of early court cases that established intermediary liability principles and summarizes safe harbor provisions and other legislation that have sought to limit intermediary liability by implementing notice-and-takedown regimes and graduated response policies for copyright infringement. It also discusses ongoing legal cases and policy debates around intermediary liability and how countries are approaching regulation.
This document contains a 37-question exam on information and communication technology (ICT). The exam covers topics like computer hardware, software, security threats, ethics, and the impact of ICT on society. Students are to read documents, figures, and tables provided and answer multiple choice and short answer questions. The questions test students' understanding of key ICT concepts and their ability to apply this knowledge to analyze scenarios.
Summarized notes for use with Computer Hardware Servicing NC 2. Please note that this is a compilation of the many works of the different authors including mine. Copyright remains to the original owner of the included document. This is not a complete guide, but I am hoping this will be able to help CHS Instructors/Trainers.
TR ELECTRONICS PRODUCTS ASSEMBLY AND SERVICING NC IIReden Pagdato
This document outlines the training regulations for the qualification of Electronic Products Assembly and Servicing National Certificate Level II.
It contains 4 sections that define the qualification, competency standards, training standards and assessment arrangements. The qualification consists of basic, common and core competencies related to assembling electronic products, preparing printed circuit boards, and installing and servicing consumer and industrial electronic products and systems.
Section 2 provides the details of the competency standards, which include basic competencies in communication, teamwork and professionalism. Common competencies cover quality standards, computer operations, technical drawing and using hand tools. Core competencies focus on assembling electronic products and servicing consumer and industrial electronics.
The document provides steps for installing the Windows XP operating system on a computer. It begins by listing the minimum system requirements for Windows XP, such as requiring at least 64MB of RAM and 4.3GB of hard disk space. It then outlines the 22 steps for installing Windows XP, which include inserting the installation CD, selecting installation options like file system and partitions, entering a product key, and completing post-installation configuration of settings like network, date, and time. The steps describe both the MS-DOS based initial portion of setup and the later graphical user interface portion.
How to configure a cisco wireless access point (ap) from scratchIT Tech
The document provides step-by-step instructions for configuring a Cisco 1242G wireless access point from scratch. It describes connecting the AP to a power source and Ethernet, finding its IP address, logging into the web interface using the default credentials, running the Express Setup to configure basic network settings, enabling security settings like WEP encryption and changing the default password, and enabling the 2.4GHz radio to allow wireless devices to connect to the network. The Cisco 1242G AP offers business-grade features like multiple wireless protocols, security protocols, encryption, and management capabilities compared to consumer-grade APs.
This deed of sale documents the transfer of ownership of a 100 square meter parcel of land from Eliezar O. Bravo to Evangeline G. Clata for 70,000 Philippine pesos. The deed reserves Eliezar's right to repurchase the property within 3 years for the same price plus 8% annual interest. The property is identified as Lot 1487-L-B-3 in Davao City and the transfer is registered under Title No. T-211215.
The document discusses the Convention Against Torture (CAT) and efforts undertaken by Philippine government agencies to comply with its provisions. It provides details on accomplishments made towards implementing the Anti-Torture Law, enhancing preventive mechanisms, increasing awareness of human rights, and enacting supporting legislation. Key accomplishments include upgrading detention monitoring systems, training over 131 custodial officers, and establishing human rights desks in the Philippine National Police.
This document discusses the evolving role of intermediaries on the internet and challenges of regulating their liability for user-generated content. It provides examples of early court cases that established intermediary liability principles and summarizes safe harbor provisions and other legislation that have sought to limit intermediary liability by implementing notice-and-takedown regimes and graduated response policies for copyright infringement. It also discusses ongoing legal cases and policy debates around intermediary liability and how countries are approaching regulation.
This document contains a 37-question exam on information and communication technology (ICT). The exam covers topics like computer hardware, software, security threats, ethics, and the impact of ICT on society. Students are to read documents, figures, and tables provided and answer multiple choice and short answer questions. The questions test students' understanding of key ICT concepts and their ability to apply this knowledge to analyze scenarios.
Summarized notes for use with Computer Hardware Servicing NC 2. Please note that this is a compilation of the many works of the different authors including mine. Copyright remains to the original owner of the included document. This is not a complete guide, but I am hoping this will be able to help CHS Instructors/Trainers.
TR ELECTRONICS PRODUCTS ASSEMBLY AND SERVICING NC IIReden Pagdato
This document outlines the training regulations for the qualification of Electronic Products Assembly and Servicing National Certificate Level II.
It contains 4 sections that define the qualification, competency standards, training standards and assessment arrangements. The qualification consists of basic, common and core competencies related to assembling electronic products, preparing printed circuit boards, and installing and servicing consumer and industrial electronic products and systems.
Section 2 provides the details of the competency standards, which include basic competencies in communication, teamwork and professionalism. Common competencies cover quality standards, computer operations, technical drawing and using hand tools. Core competencies focus on assembling electronic products and servicing consumer and industrial electronics.
The document provides steps for installing the Windows XP operating system on a computer. It begins by listing the minimum system requirements for Windows XP, such as requiring at least 64MB of RAM and 4.3GB of hard disk space. It then outlines the 22 steps for installing Windows XP, which include inserting the installation CD, selecting installation options like file system and partitions, entering a product key, and completing post-installation configuration of settings like network, date, and time. The steps describe both the MS-DOS based initial portion of setup and the later graphical user interface portion.
How to configure a cisco wireless access point (ap) from scratchIT Tech
The document provides step-by-step instructions for configuring a Cisco 1242G wireless access point from scratch. It describes connecting the AP to a power source and Ethernet, finding its IP address, logging into the web interface using the default credentials, running the Express Setup to configure basic network settings, enabling security settings like WEP encryption and changing the default password, and enabling the 2.4GHz radio to allow wireless devices to connect to the network. The Cisco 1242G AP offers business-grade features like multiple wireless protocols, security protocols, encryption, and management capabilities compared to consumer-grade APs.
This deed of sale documents the transfer of ownership of a 100 square meter parcel of land from Eliezar O. Bravo to Evangeline G. Clata for 70,000 Philippine pesos. The deed reserves Eliezar's right to repurchase the property within 3 years for the same price plus 8% annual interest. The property is identified as Lot 1487-L-B-3 in Davao City and the transfer is registered under Title No. T-211215.
The document discusses the Convention Against Torture (CAT) and efforts undertaken by Philippine government agencies to comply with its provisions. It provides details on accomplishments made towards implementing the Anti-Torture Law, enhancing preventive mechanisms, increasing awareness of human rights, and enacting supporting legislation. Key accomplishments include upgrading detention monitoring systems, training over 131 custodial officers, and establishing human rights desks in the Philippine National Police.
The document provides a detailed lesson plan on proper tool use for computer hardware servicing. It includes 7 objectives, 4 procedures, and assessment activities. The key points covered are:
1. Identifying appropriate tools for equalizing electrical charge, tightening screws, and tightening hex bolts.
2. Explaining proper use of antistatic wrist straps, antistatic mats, screwdrivers, and hex drivers.
3. Detailing cleaning procedures for computer cases, screens, components, keyboards, and mice using compressed air and cleaning solutions.
Computers are electronic devices that process data into information. The main components of a computer are the input devices, output devices, system unit, storage, and communications devices. Computers provide advantages like storage, speed, and reliability but also disadvantages such as impact on jobs, privacy issues, and health risks. Networks connect computers together to share resources and information. The internet is a worldwide network that allows users to access websites, share information, and use applications. There are different types of computers including personal computers, mobile devices, servers, and embedded systems.
Prof. ed. legal foundations of educationMARICON GELI
This document provides an overview of the legal foundations and code of ethics for the Philippine educational system. It discusses key laws like the 1987 Philippine Constitution, Education Act of 1982, and Republic Act 4670 (Magna Carta for Public School Teachers). It outlines the rights of teachers, including those related to recruitment, leave, remuneration, and benefits. The document also discusses the code of ethics that Philippine teachers must adhere to in their professional responsibilities and interactions with students, parents, administrators and the community.
This document provides information on a Technology and Livelihood Education module for Grade 7 students on using and maintaining hand tools. It discusses proper tool selection, safe use of tools, and four categories of computer hardware servicing tools: ESD tools, hand tools, cleaning tools, and diagnostic tools. The module aims to teach students about selecting the appropriate tools for tasks, examining tools for damage before use, and keeping tools in good condition through regular maintenance. It includes various activities for students to classify, identify, and maintain different tools.
TESDA TM1 Portfolio Computer Systems Servicing NC IIIan Mars Acut
Rosita Navarro
a
c
a. Cebuano
Characteristics of learners
Educational
background
Highest educational
attainment:
a. College graduate
b. College level
c. High school
graduate
d. High school level
e. Elementary
graduate
f. Elementary level
g. No formal
education
c. High school graduate
Work experience
Years of work
experience:
a. 5 years and above
b. 3-4 years
c. 1-2 years
d. Less than 1 year
e. No work experience
c. 1-2 years
Characteristics of learners
Learning style
Preferred learning
style:
Deed of assignment and transfer of rightsGreen Minds
Juan de la Cruz assigns all rights and interest in a condominium unit to Pedro San Juan for 5 million pesos. The unit is located at Jade Suites & Residences in Cebu City and has a title of 78 square meters registered under the Bank of the Philippine Islands. Pedro San Juan accepts the assignment and agrees to the terms of the original contract of sale and condominium rules. Both parties sign the deed of assignment in the presence of a notary.
This document provides information about peer-to-peer and client/server networks. A peer-to-peer network connects devices directly without additional networking devices between them. The devices have equivalent capabilities and responsibilities, and there is no central control. This allows users to share files with others on the network. A client/server network has a server that provides information and services to client machines. All data is stored centrally on a file server, and access is controlled by usernames and passwords. The document instructs students to research and present on the advantages and disadvantages of each type of network. It provides rubrics to evaluate their research and oral presentation skills.
The document outlines provisions for education, science and technology, arts, culture and sports according to the 1987 Philippine Constitution. It states that the state shall protect and promote quality education for all citizens and encourage non-formal learning. It also mandates the teaching of the constitution and inculcation of patriotism, human rights, ethics and morality in schools. Science and technology are prioritized for national development. The state shall also foster preservation of Philippine culture and regulate the country's artistic and historic wealth. It shall promote physical education and sports programs in schools.
The document is a transcript of an assessor conducting a Bread and Pastry Production NC II assessment for candidates. The assessor welcomes the candidates and overseer, checks attendance, and explains that the assessment will consist of demonstrating four baking tasks. The assessor outlines the assessment process, which involves demonstration, oral questioning, and feedback. For candidates found competent, the assessor congratulates them and explains next steps. For those found not yet competent, the assessor provides feedback and recommends practicing before reassessment.
The document discusses developments in computer technology in the 1970s and 1980s. It describes how large-scale and very large-scale integration allowed the entire processor and even simple full computers to fit on a single chip. It also mentions core memories being replaced by semiconductor memories and the dominance of high-speed vector processors like Cray 1, Cray XMP, and Cyber 205.
Philosophical, historical & sociological bases of special and inclusive e...Flipped Channel
If you happen to like this powerpoint, you may contact me at flippedchannel@gmail.com
I offer some educational services like:
-powerpoint presentation maker
-grammarian
-content creator
-layout designer
Subscribe to our online platforms:
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Legal foundation of education in the philippinesBoyet Aluan
The document provides a historical overview of the foundation and development of education in the Philippines from pre-Spanish times to the present. It discusses the aims, types, and methods of education during different periods of Philippine history including pre-Spanish, Spanish, American, Japanese, post-WWII eras. It also outlines key laws and policies that shaped the Philippine education system such as the Education Act of 1901, Magna Carta for Teachers, and the 1987 Constitution.
The document discusses the ASEAN Community Councils and the three pillars that comprise the ASEAN Community - the ASEAN Political-Security Community, ASEAN Economic Community, and ASEAN Socio-Cultural Community. It provides details on the goals and blueprints for each pillar, which aim to promote political stability, equitable economic development, and enhance social well-being among ASEAN countries. Key areas of focus include establishing a single market, liberalizing trade and investment, protecting human rights, narrowing development gaps, and investing in education and healthcare.
Final thesis presented december 2009 march 2010Lumbad 1989
This document is a thesis presented by Joanna April De Leon Lumbad to the faculty of St. Scholastica's College in Manila for the degree of Bachelor of Science in Interior Design. The thesis explores defining the Filipino cultural identity through Filipino avant-garde in performing arts theaters. It discusses the history of performing arts theaters and Philippine theater. Through interviews with theater experts and observations of existing theaters, the thesis examines how theater design has adapted over time to different influences and seeks to determine if an avant-garde concept can help establish a uniquely Filipino style.
Introduction to Cyber Wrongs, Conventional Crimes and Torts Through Computers,
Crimes and Torts Committed on a Computer Network and Relating to Electronic
Mail, Crimes Relating to Data Alteration/Destruction, Issues of Jurisdiction and
Applicable Law in Cyberspace, Enforcement Issues in Cyberspace, Online Dispute
Resolution, cyber stalking; cyber pornography; forgery and fraud; crime related to
IPRs; Cyber terrorism; computer vandalism
CSS LO7 - PREPARING THE INSTALLER
LEARNING OUTCOME:
AT THE END OF THIS LESSON THE LEARNERS WILL BE ABLE TO . . .
1. Prepare their usb bootable drive installer according to the manufacturer procedure.
2. Prepare their usb drive containing drivers and application software.
3. Learn and experience to install Window 7 operating system.
4. Discover and prepare the basic applications needed to be installed.
Republic Act 9293 amends sections of the Philippine Teachers Professionalization Act of 1994 (RA 7836) relating to teacher qualifications and licensing. It updates the minimum educational requirements for teachers in preschool, elementary, secondary, and vocational/technical fields. It also allows those who fail the teacher licensure exam by less than 5% to obtain special permits to work as para-teachers in areas with teacher shortages. The act was passed by the Senate and House of Representatives in February 2004 and was signed into law by President Gloria Macapagal-Arroyo.
This document outlines provisions in the Bill of Rights regarding unreasonable searches and seizures, privacy, freedom of speech and expression, freedom of religion, liberty of abode and travel, and access to public records. It discusses that warrants are required for searches and arrests, with some exceptions. Probable cause must be determined by a judge. Privacy of communication is also protected, except with a court order. Freedom of speech is not absolute and has limitations such as libel, slander and speech that provokes violence. There is also separation of church and state, with freedom to practice any religion.
This document provides a summary of the history and evolution of mining laws and the Bureau of Mines in the Philippines from the Spanish colonial period through present day. Some of the key events and laws discussed include:
- The establishment of the first Mines Office under Spanish rule in the late 19th century.
- The creation of the Mining Bureau by the Americans in 1900 and subsequent reorganizations of the agency over time.
- Important early mining laws like the Mining Act of 1936 and the Mineral Resources Development Decree of 1974.
- The establishment of the Bureau of Mines as a separate bureau in 1936 and its later absorption by other natural resource agencies.
- The passage of
Commission on Human Rights of The Philippines (CHR) - RESOLUTION ON DISPLACEM...No to mining in Palawan
The document summarizes a human rights complaint regarding a mining project in the Philippines. It discusses how residents of Didipio object to large-scale mining in their area due to perceived environmental and economic impacts. It outlines violations of indigenous peoples' rights committed by the mining company, Oceana Gold Philippines, Inc. and security forces against residents opposed to the mining. The Commission on Human Rights investigated and found that human rights violations did occur against the indigenous communities of Didipio.
The document provides a detailed lesson plan on proper tool use for computer hardware servicing. It includes 7 objectives, 4 procedures, and assessment activities. The key points covered are:
1. Identifying appropriate tools for equalizing electrical charge, tightening screws, and tightening hex bolts.
2. Explaining proper use of antistatic wrist straps, antistatic mats, screwdrivers, and hex drivers.
3. Detailing cleaning procedures for computer cases, screens, components, keyboards, and mice using compressed air and cleaning solutions.
Computers are electronic devices that process data into information. The main components of a computer are the input devices, output devices, system unit, storage, and communications devices. Computers provide advantages like storage, speed, and reliability but also disadvantages such as impact on jobs, privacy issues, and health risks. Networks connect computers together to share resources and information. The internet is a worldwide network that allows users to access websites, share information, and use applications. There are different types of computers including personal computers, mobile devices, servers, and embedded systems.
Prof. ed. legal foundations of educationMARICON GELI
This document provides an overview of the legal foundations and code of ethics for the Philippine educational system. It discusses key laws like the 1987 Philippine Constitution, Education Act of 1982, and Republic Act 4670 (Magna Carta for Public School Teachers). It outlines the rights of teachers, including those related to recruitment, leave, remuneration, and benefits. The document also discusses the code of ethics that Philippine teachers must adhere to in their professional responsibilities and interactions with students, parents, administrators and the community.
This document provides information on a Technology and Livelihood Education module for Grade 7 students on using and maintaining hand tools. It discusses proper tool selection, safe use of tools, and four categories of computer hardware servicing tools: ESD tools, hand tools, cleaning tools, and diagnostic tools. The module aims to teach students about selecting the appropriate tools for tasks, examining tools for damage before use, and keeping tools in good condition through regular maintenance. It includes various activities for students to classify, identify, and maintain different tools.
TESDA TM1 Portfolio Computer Systems Servicing NC IIIan Mars Acut
Rosita Navarro
a
c
a. Cebuano
Characteristics of learners
Educational
background
Highest educational
attainment:
a. College graduate
b. College level
c. High school
graduate
d. High school level
e. Elementary
graduate
f. Elementary level
g. No formal
education
c. High school graduate
Work experience
Years of work
experience:
a. 5 years and above
b. 3-4 years
c. 1-2 years
d. Less than 1 year
e. No work experience
c. 1-2 years
Characteristics of learners
Learning style
Preferred learning
style:
Deed of assignment and transfer of rightsGreen Minds
Juan de la Cruz assigns all rights and interest in a condominium unit to Pedro San Juan for 5 million pesos. The unit is located at Jade Suites & Residences in Cebu City and has a title of 78 square meters registered under the Bank of the Philippine Islands. Pedro San Juan accepts the assignment and agrees to the terms of the original contract of sale and condominium rules. Both parties sign the deed of assignment in the presence of a notary.
This document provides information about peer-to-peer and client/server networks. A peer-to-peer network connects devices directly without additional networking devices between them. The devices have equivalent capabilities and responsibilities, and there is no central control. This allows users to share files with others on the network. A client/server network has a server that provides information and services to client machines. All data is stored centrally on a file server, and access is controlled by usernames and passwords. The document instructs students to research and present on the advantages and disadvantages of each type of network. It provides rubrics to evaluate their research and oral presentation skills.
The document outlines provisions for education, science and technology, arts, culture and sports according to the 1987 Philippine Constitution. It states that the state shall protect and promote quality education for all citizens and encourage non-formal learning. It also mandates the teaching of the constitution and inculcation of patriotism, human rights, ethics and morality in schools. Science and technology are prioritized for national development. The state shall also foster preservation of Philippine culture and regulate the country's artistic and historic wealth. It shall promote physical education and sports programs in schools.
The document is a transcript of an assessor conducting a Bread and Pastry Production NC II assessment for candidates. The assessor welcomes the candidates and overseer, checks attendance, and explains that the assessment will consist of demonstrating four baking tasks. The assessor outlines the assessment process, which involves demonstration, oral questioning, and feedback. For candidates found competent, the assessor congratulates them and explains next steps. For those found not yet competent, the assessor provides feedback and recommends practicing before reassessment.
The document discusses developments in computer technology in the 1970s and 1980s. It describes how large-scale and very large-scale integration allowed the entire processor and even simple full computers to fit on a single chip. It also mentions core memories being replaced by semiconductor memories and the dominance of high-speed vector processors like Cray 1, Cray XMP, and Cyber 205.
Philosophical, historical & sociological bases of special and inclusive e...Flipped Channel
If you happen to like this powerpoint, you may contact me at flippedchannel@gmail.com
I offer some educational services like:
-powerpoint presentation maker
-grammarian
-content creator
-layout designer
Subscribe to our online platforms:
FlippED Channel (Youtube)
http://bit.ly/FlippEDChannel
LET in the NET (facebook)
http://bit.ly/LETndNET
Legal foundation of education in the philippinesBoyet Aluan
The document provides a historical overview of the foundation and development of education in the Philippines from pre-Spanish times to the present. It discusses the aims, types, and methods of education during different periods of Philippine history including pre-Spanish, Spanish, American, Japanese, post-WWII eras. It also outlines key laws and policies that shaped the Philippine education system such as the Education Act of 1901, Magna Carta for Teachers, and the 1987 Constitution.
The document discusses the ASEAN Community Councils and the three pillars that comprise the ASEAN Community - the ASEAN Political-Security Community, ASEAN Economic Community, and ASEAN Socio-Cultural Community. It provides details on the goals and blueprints for each pillar, which aim to promote political stability, equitable economic development, and enhance social well-being among ASEAN countries. Key areas of focus include establishing a single market, liberalizing trade and investment, protecting human rights, narrowing development gaps, and investing in education and healthcare.
Final thesis presented december 2009 march 2010Lumbad 1989
This document is a thesis presented by Joanna April De Leon Lumbad to the faculty of St. Scholastica's College in Manila for the degree of Bachelor of Science in Interior Design. The thesis explores defining the Filipino cultural identity through Filipino avant-garde in performing arts theaters. It discusses the history of performing arts theaters and Philippine theater. Through interviews with theater experts and observations of existing theaters, the thesis examines how theater design has adapted over time to different influences and seeks to determine if an avant-garde concept can help establish a uniquely Filipino style.
Introduction to Cyber Wrongs, Conventional Crimes and Torts Through Computers,
Crimes and Torts Committed on a Computer Network and Relating to Electronic
Mail, Crimes Relating to Data Alteration/Destruction, Issues of Jurisdiction and
Applicable Law in Cyberspace, Enforcement Issues in Cyberspace, Online Dispute
Resolution, cyber stalking; cyber pornography; forgery and fraud; crime related to
IPRs; Cyber terrorism; computer vandalism
CSS LO7 - PREPARING THE INSTALLER
LEARNING OUTCOME:
AT THE END OF THIS LESSON THE LEARNERS WILL BE ABLE TO . . .
1. Prepare their usb bootable drive installer according to the manufacturer procedure.
2. Prepare their usb drive containing drivers and application software.
3. Learn and experience to install Window 7 operating system.
4. Discover and prepare the basic applications needed to be installed.
Republic Act 9293 amends sections of the Philippine Teachers Professionalization Act of 1994 (RA 7836) relating to teacher qualifications and licensing. It updates the minimum educational requirements for teachers in preschool, elementary, secondary, and vocational/technical fields. It also allows those who fail the teacher licensure exam by less than 5% to obtain special permits to work as para-teachers in areas with teacher shortages. The act was passed by the Senate and House of Representatives in February 2004 and was signed into law by President Gloria Macapagal-Arroyo.
This document outlines provisions in the Bill of Rights regarding unreasonable searches and seizures, privacy, freedom of speech and expression, freedom of religion, liberty of abode and travel, and access to public records. It discusses that warrants are required for searches and arrests, with some exceptions. Probable cause must be determined by a judge. Privacy of communication is also protected, except with a court order. Freedom of speech is not absolute and has limitations such as libel, slander and speech that provokes violence. There is also separation of church and state, with freedom to practice any religion.
This document provides a summary of the history and evolution of mining laws and the Bureau of Mines in the Philippines from the Spanish colonial period through present day. Some of the key events and laws discussed include:
- The establishment of the first Mines Office under Spanish rule in the late 19th century.
- The creation of the Mining Bureau by the Americans in 1900 and subsequent reorganizations of the agency over time.
- Important early mining laws like the Mining Act of 1936 and the Mineral Resources Development Decree of 1974.
- The establishment of the Bureau of Mines as a separate bureau in 1936 and its later absorption by other natural resource agencies.
- The passage of
Commission on Human Rights of The Philippines (CHR) - RESOLUTION ON DISPLACEM...No to mining in Palawan
The document summarizes a human rights complaint regarding a mining project in the Philippines. It discusses how residents of Didipio object to large-scale mining in their area due to perceived environmental and economic impacts. It outlines violations of indigenous peoples' rights committed by the mining company, Oceana Gold Philippines, Inc. and security forces against residents opposed to the mining. The Commission on Human Rights investigated and found that human rights violations did occur against the indigenous communities of Didipio.
The document provides an analysis of the Mines and Minerals (Development and Regulation) Amendment Act 2021 in India. Some key points:
- The amendment aims to simplify mining operations in India by increasing leniency in the industry and enhancing efficiency.
- It allows captive mines to sell up to 50% of minerals produced after meeting end-use plant needs. It also allows statutory clearances to be transferred with mining leases.
- Private entities are now eligible to undertake mineral exploration, aimed at increasing exploration.
- Other changes include non-exclusive reconnaissance permits, definitions added around production and dispatch, and lapsing of rights for some concession holders.
- The amendment seeks to boost the mining sector
Open Pit Mining Ban - Should the Philippines Jump into the Bandwagon?Fernando Penarroyo
The government should be circumspect in imposing such a ban because it may open itself to arbitration and litigation exposing itself to claims for damages by affected mineral agreement holders. Imposing a ban will further aggravate uncertainties concerning the administration of environmental regulations, public policy and the legal system. By not imposing a ban, the government can maintain an investment atmosphere conducive to risk capital and avoid the influx of illegal miners. There are other forms of legislation that will achieve the the purpose of environment protection and preventing negative impacts on the health of surrounding communities. Also, the government should strengthen the institutions involved in monitoring and supervising mining operations so that they will have the scientific and legal basis to close certain mining operations because of environmental degradation safety issues.
Environmental Law Update | Werksmans Attorneys | 21 November 2012Werksmans Attorneys
The document provides an update on recent legal developments in South Africa relating to the environmental regulation of mining activities. It discusses the origins of disputes between environmental and minerals authorities, highlights key legal cases including Maccsand v City of Cape Town, and outlines the current legal position. It also covers implications for new and existing mining operations, provides a hypothetical case study on hydraulic fracturing in the Karoo region, discusses proposed reforms to mining legislation, and considers the ideal legal framework.
Recent Changes on Guidelines for Mining Business License Area.pdfAHRP Law Firm
On June 21st 2021,
MoEMR issued a new
decree regarding the
recent changes on
requirements and
procedures to obtain NonMetal Minerals, Certain
Types of Non-Metal
Minerals, and Rocks
Mining Business License
Area. Further, the decree
asserted that the authority
to stipulate and issue
Non-Metal Minerals,
Certain Types of NonMetal Minerals, and Rocks
Mining Business License
Area is delegated by
MoEMR to DGMC.
mine laws in mineral excavation in indiaVadde Ramesh
The document discusses India's laws and regulations related to mineral resources. It covers various acts that govern mineral concessions, development, safety, and conservation. Some key points:
- Mineral rights in India vest with state governments, who grant concessions to companies/individuals. The Mines and Minerals Act governs regulation of major and minor minerals.
- Major laws include the Mines and Minerals Act (regulates concessions), Mines Act (ensures worker safety), and Oil Fields Act (governs oil/gas extraction). Various rules have been framed under these acts.
- Concessions are granted via prospecting licenses or mining leases, with time periods varying by mineral. Royalty rates are
This document outlines Law No. 2 of 1971 concerning mines and quarries in Libya. It discusses provisions around exploration licenses and investment contracts for mineral and stone materials. Key points include:
- All mineral materials in Libya are considered state property and require permission to explore or exploit.
- The Ministry of Industry and Mineral Wealth regulates investment in mines and quarries.
- Exploration licenses for up to 6 months and search licenses for up to 4 years can be granted.
- Priority is given to the land owner and Libyan nationals in obtaining licenses.
- Seizure of mines/quarries is allowed in emergencies, with compensation.
The Core Group constituted by the MoEF to look into environmental aspects of minor mineral mining recommended that:
1) States must make mining plans mandatory for minor minerals as they are for major minerals.
2) Mining plans should comprehensively address all environmental issues and ensure long term sustainable use of resources.
3) Aspects of mine reclamation, rehabilitation, and closure must be incorporated into rules for minor mineral mining.
4) River bed mining needs regulation and stipulated mining zones to enable monitoring and safeguarding of the environment.
Ec minor mineral b2 mining 2016_dr rlmDr. RL Meena
The document outlines the evolution of environmental clearance requirements for minor mineral mining in India over time, beginning in 2010. Key events include the Supreme Court ordering in 2012 that all minor mineral leases below 5 hectares obtain environmental clearance. The Ministry of Environment, Forest and Climate Change then issued memorandums in 2012 and 2013 to comply with this order and provide guidelines for obtaining clearance, including for specific minerals like brick earth. This established environmental clearance as mandatory for all minor mineral mining leases across India.
The document summarizes a Supreme Court case regarding mining rights in the Diwalwal Gold Rush Area in the Philippines. It describes how various groups have claimed exploration and mining permits for the area over time, including Marcopper being granted Exploration Permit No. 133 in 1988. There was ongoing conflict between large-scale and small-scale miners claiming rights. In 1997, the Secretary of DENR issued a memorandum providing for a study of direct state utilization of the area, but the Court ruled this did not divest the rights already granted under Exploration Permit No. 133 to Southeast Mindanao Gold Mining Corp.
The New York Court of Appeals upheld local zoning ordinances in Dryden and Middlefield that banned hydraulic fracturing (fracking). The court found that the state's Oil, Gas and Solution Mining Law, which preempts local laws relating to regulating the oil and gas industries, did not preempt the towns' bans on fracking. The court relied on precedent establishing that state law only preempts local laws that regulate how activities are carried out, not where they are located. The court also found no clear legislative intent to require municipalities to allow fracking somewhere within their borders.
Mozambique mining law no 20 2014, dated 18 August 2014Vinod Sao
The Mining Law 20/2014 of 18 Aug 2014, (an unofficial English version) promulgated on 22 Aug 2014 replacing Mining Law 14/2002 in Mozambique. However, Art 83 saves provisions of this law in relation to mining contracts that were in force prior to 22 August 2014.
For investment in Mozambican project is now subject to Provisions laid under Chapter VII- Article 62 which requires prior approval of the Govt.
Art 62.1 The transfer of rights and obligations conferred under mining holding permits and/or mining rights to an affiliate or a third party must be made in accordance with Mozambican law and is subject to approval by the Government.
Art 62.2. This provision also applies to other direct and indirect transfers of participation interests, permits and/or mining rights, including the transfer of shares or other forms of participation.
Other Key changes brought in the New Mining Law are-
• new mining contracts must provide for State participation in the mining operations (no minimum of maximum percentage participation is specified),
• introduction of local content requirements; non-nationals must "associate" themselves with a Mozambican national in order to provide goods and services to mining operators,
• introduction of domestic supply obligations that give the Government the right to buy minerals at market price for use in the local industry - if Mozambique's commercial interests so require,
• all transfers of mining rights, whether direct or indirect, are subject to approval by the Ministry of Mineral Resources (MIREM),
• introduction of signing bonuses for mining concessions awarded through public tender;
• details of new mining contracts must be published in Mozambique's Official Gazette,
• discontinuation of the tax stabilization provision which featured in the previous mining law. The New Mining Law explicitly excludes matters relating to tax from mining contracts.
• reduction of the maximum period for exploration licences from 10 to 8 years, and
• mining concession holders to start production within 48 months of the issuance of a mining concession. Under the previous law, production had to be started within 36 month of the issuance of a DUAT (right to use and enjoy land) and an environmental permit.
2-LANDS – Issue of ‘No Objection Certificate’ (NOC) in respect of licenses fo...bansi default
LANDS – Issue of ‘No Objection Certificate’ (NOC) in respect of licenses for mining
leases and quarry leases in respect of government lands - Guidelines formulated –
Orders – Issued.
Policy Vision Vis-a-Vis Legislation By : MANTU BISWAS CCM (Retd) IBM (page 2)
First-step analysis: Mining in India : Trilegal - Karthy Nair and Neeraj Menon (page 4)
All about commercial mining and how it changes the coal production game in India : Remya Nair (page 13)
Why Gold, and Why Now : Jan Nieuwenhuijs (page 14)
Odisha Mining Auction 2020 vis-à-vis Employment: A boon or curse?! : Subranshu Bhushan Das (page 16)
Glauconite : Existing resource in India Uses – Exploitation Conclusions & Recommendations : Dr Vivek Laul (page 17)
Unshackling India’s mining industry - Indian ministries want to limit public consultations that are necessary before approving projects (page 18)
Tenders for nine iron ore and manganese blocks in Odisha likely in July (page 19)
Two states, unused iron ore, a growing human crisis : Shantanu Guha Ray (page 19)
Day 1- Session 3: Precious Metals Sector
Gold and Silver Production in North America
Objective Capital Global Mining Investment Conference 2010
Stationers' Hall, City of London
28-29 September 2010
Speaker:
Murray Nye - RX Exploration
Recent developments in mining legislation and case law: Director Chris StevensWerksmans Attorneys
The document summarizes recent developments in South African mining law over the past 18 months, including amendments to the Mineral and Petroleum Resources Development Act (MPRDA) and several important court cases. Key points include:
1) The MPRDA Amendment Bill scraps the previous first-come, first-served application process in favor of an invitation-based tender process for new projects and extensions.
2) The amendments introduce stricter controls over transfers of mining rights and controlling interests in mining companies.
3) New provisions require miners to offer a portion of production to local beneficiation firms at mine-gate prices and restrict exports without approval.
4) Recent court cases have addressed issues like
mine lawas mineral excavation in indiaVadde Ramesh
The document summarizes mine laws in India. It discusses that mine laws are classified into two categories - regulation and development, and safety and welfare of miners. The key acts governing mines are the Mines and Minerals (Regulation and Development) Act of 1957 and the Mines Act of 1952. Minerals are classified as major or minor. Major minerals require approval from central government for concessions, while states regulate minor minerals. The document outlines procedures for obtaining prospecting licenses and mining leases, restrictions on area concessions, royalty rates, and important mine legislation in India.
A copy of the lawsuit filed Sept. 15, 2011 by landowner and resident of the Township of Middlefield (Otsego County, NY) Jennifer Huntington against the township seeking to overturn Middlefield's recent ban on gas drilling. Huntington claims it violates New York State law which reserves the right to regulate oil and gas drilling in the state.
Similar to Supreme Court decision, SRMI vs. DENR (19)
Evolving Lifecycles with High Resolution Site Characterization (HRSC) and 3-D...Joshua Orris
The incorporation of a 3DCSM and completion of HRSC provided a tool for enhanced, data-driven, decisions to support a change in remediation closure strategies. Currently, an approved pilot study has been obtained to shut-down the remediation systems (ISCO, P&T) and conduct a hydraulic study under non-pumping conditions. A separate micro-biological bench scale treatability study was competed that yielded positive results for an emerging innovative technology. As a result, a field pilot study has commenced with results expected in nine-twelve months. With the results of the hydraulic study, field pilot studies and an updated risk assessment leading site monitoring optimization cost lifecycle savings upwards of $15MM towards an alternatively evolved best available technology remediation closure strategy.
Optimizing Post Remediation Groundwater Performance with Enhanced Microbiolog...Joshua Orris
Results of geophysics and pneumatic injection pilot tests during 2003 – 2007 yielded significant positive results for injection delivery design and contaminant mass treatment, resulting in permanent shut-down of an existing groundwater Pump & Treat system.
Accessible source areas were subsequently removed (2011) by soil excavation and treated with the placement of Emulsified Vegetable Oil EVO and zero-valent iron ZVI to accelerate treatment of impacted groundwater in overburden and weathered fractured bedrock. Post pilot test and post remediation groundwater monitoring has included analyses of CVOCs, organic fatty acids, dissolved gases and QuantArray® -Chlor to quantify key microorganisms (e.g., Dehalococcoides, Dehalobacter, etc.) and functional genes (e.g., vinyl chloride reductase, methane monooxygenase, etc.) to assess potential for reductive dechlorination and aerobic cometabolism of CVOCs.
In 2022, the first commercial application of MetaArray™ was performed at the site. MetaArray™ utilizes statistical analysis, such as principal component analysis and multivariate analysis to provide evidence that reductive dechlorination is active or even that it is slowing. This creates actionable data allowing users to save money by making important site management decisions earlier.
The results of the MetaArray™ analysis’ support vector machine (SVM) identified groundwater monitoring wells with a 80% confidence that were characterized as either Limited for Reductive Decholorination or had a High Reductive Reduction Dechlorination potential. The results of MetaArray™ will be used to further optimize the site’s post remediation monitoring program for monitored natural attenuation.
Improving the viability of probiotics by encapsulation methods for developmen...Open Access Research Paper
The popularity of functional foods among scientists and common people has been increasing day by day. Awareness and modernization make the consumer think better regarding food and nutrition. Now a day’s individual knows very well about the relation between food consumption and disease prevalence. Humans have a diversity of microbes in the gut that together form the gut microflora. Probiotics are the health-promoting live microbial cells improve host health through gut and brain connection and fighting against harmful bacteria. Bifidobacterium and Lactobacillus are the two bacterial genera which are considered to be probiotic. These good bacteria are facing challenges of viability. There are so many factors such as sensitivity to heat, pH, acidity, osmotic effect, mechanical shear, chemical components, freezing and storage time as well which affects the viability of probiotics in the dairy food matrix as well as in the gut. Multiple efforts have been done in the past and ongoing in present for these beneficial microbial population stability until their destination in the gut. One of a useful technique known as microencapsulation makes the probiotic effective in the diversified conditions and maintain these microbe’s community to the optimum level for achieving targeted benefits. Dairy products are found to be an ideal vehicle for probiotic incorporation. It has been seen that the encapsulated microbial cells show higher viability than the free cells in different processing and storage conditions as well as against bile salts in the gut. They make the food functional when incorporated, without affecting the product sensory characteristics.
ENVIRONMENT~ Renewable Energy Sources and their future prospects.tiwarimanvi3129
This presentation is for us to know that how our Environment need Attention for protection of our natural resources which are depleted day by day that's why we need to take time and shift our attention to renewable energy sources instead of non-renewable sources which are better and Eco-friendly for our environment. these renewable energy sources are so helpful for our planet and for every living organism which depends on environment.
Epcon is One of the World's leading Manufacturing Companies.EpconLP
Epcon is One of the World's leading Manufacturing Companies. With over 4000 installations worldwide, EPCON has been pioneering new techniques since 1977 that have become industry standards now. Founded in 1977, Epcon has grown from a one-man operation to a global leader in developing and manufacturing innovative air pollution control technology and industrial heating equipment.
Microbial characterisation and identification, and potability of River Kuywa ...Open Access Research Paper
Water contamination is one of the major causes of water borne diseases worldwide. In Kenya, approximately 43% of people lack access to potable water due to human contamination. River Kuywa water is currently experiencing contamination due to human activities. Its water is widely used for domestic, agricultural, industrial and recreational purposes. This study aimed at characterizing bacteria and fungi in river Kuywa water. Water samples were randomly collected from four sites of the river: site A (Matisi), site B (Ngwelo), site C (Nzoia water pump) and site D (Chalicha), during the dry season (January-March 2018) and wet season (April-July 2018) and were transported to Maseno University Microbiology and plant pathology laboratory for analysis. The characterization and identification of bacteria and fungi were carried out using standard microbiological techniques. Nine bacterial genera and three fungi were identified from Kuywa river water. Clostridium spp., Staphylococcus spp., Enterobacter spp., Streptococcus spp., E. coli, Klebsiella spp., Shigella spp., Proteus spp. and Salmonella spp. Fungi were Fusarium oxysporum, Aspergillus flavus complex and Penicillium species. Wet season recorded highest bacterial and fungal counts (6.61-7.66 and 3.83-6.75cfu/ml) respectively. The results indicated that the river Kuywa water is polluted and therefore unsafe for human consumption before treatment. It is therefore recommended that the communities to ensure that they boil water especially for drinking.
Recycling and Disposal on SWM Raymond Einyu pptxRayLetai1
Increasing urbanization, rural–urban migration, rising standards of living, and rapid development associated with population growth have resulted in increased solid waste generation by industrial, domestic and other activities in Nairobi City. It has been noted in other contexts too that increasing population, changing consumption patterns, economic development, changing income, urbanization and industrialization all contribute to the increased generation of waste.
With the increasing urban population in Kenya, which is estimated to be growing at a rate higher than that of the country’s general population, waste generation and management is already a major challenge. The industrialization and urbanization process in the country, dominated by one major city – Nairobi, which has around four times the population of the next largest urban centre (Mombasa) – has witnessed an exponential increase in the generation of solid waste. It is projected that by 2030, about 50 per cent of the Kenyan population will be urban.
Aim:
A healthy, safe, secure and sustainable solid waste management system fit for a world – class city.
Improve and protect the public health of Nairobi residents and visitors.
Ecological health, diversity and productivity and maximize resource recovery through the participatory approach.
Goals:
Build awareness and capacity for source separation as essential components of sustainable waste management.
Build new environmentally sound infrastructure and systems for safe disposal of residual waste and replacing current dumpsites which should be commissioned.
Current solid waste management situation:
The status.
Solid waste generation rate is at 2240 tones / day
collection efficiently is at about 50%.
Actors i.e. city authorities, CBO’s , private firms and self-disposal
Current SWM Situation in Nairobi City:
Solid waste generation – collection – dumping
Good Practices:
• Separation – recycling – marketing.
• Open dumpsite dandora dump site through public education on source separation of waste, of which the situation can be reversed.
• Nairobi is one of the C40 cities in this respect , various actors in the solid waste management space have adopted a variety of technologies to reduce short lived climate pollutants including source separation , recycling , marketing of the recycled products.
• Through the network, it should expect to benefit from expertise of the different actors in the network in terms of applicable technologies and practices in reducing the short-lived climate pollutants.
Good practices:
Despite the dismal collection of solid waste in Nairobi city, there are practices and activities of informal actors (CBOs, CBO-SACCOs and yard shop operators) and other formal industrial actors on solid waste collection, recycling and waste reduction.
Practices and activities of these actor groups are viewed as innovations with the potential to change the way solid waste is handled.
CHALLENGES:
• Resource Allocation.
Climate Change All over the World .pptxsairaanwer024
Climate change refers to significant and lasting changes in the average weather patterns over periods ranging from decades to millions of years. It encompasses both global warming driven by human emissions of greenhouse gases and the resulting large-scale shifts in weather patterns. While climate change is a natural phenomenon, human activities, particularly since the Industrial Revolution, have accelerated its pace and intensity
Presented by The Global Peatlands Assessment: Mapping, Policy, and Action at GLF Peatlands 2024 - The Global Peatlands Assessment: Mapping, Policy, and Action
Peatland Management in Indonesia, Science to Policy and Knowledge Education
Supreme Court decision, SRMI vs. DENR
1. lepublic of tbe ~bilippines
~uprtmt QCourt
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SECOND DIVISION
SR METALS, INC., SAN R MINING
AND CONSTRUCTION CORP.
and GALEO EQUIPMENT AND
MINING COMPANY, INC.,
Petitioners,
-versus -
THE HONORABLE ANGELO T.
REYES, in his capacity as Secretary
ofDEPARTMENT OF ENVIRONMENT
G.R. No.179669
Present:
CARPIO, Chairperson,
BRION,
DEL CASTILLO,
PEREZ, and
PERLAS-BERNABE, JJ
AND NATURAL RESOURCES (DENR), Promulgated:
Respondent. JUN 0 4 2014 ~U)~~~
x----------------------------------------------------~~-~~ ~
DECISION
DEL CASTILLO, J.:
In this Petition for Review on Certiorari, SR Metals, Inc., SAN R Mining
and Construction Corp., and Galeo Equipment and Mining Co., Inc. (hereinafter
referred to as 'mining corporations') assail the Decision1
and Resolution2
dated
July 4, 2007 and September 14, 2007, respectively, ofthe Court ofAppeals (CA),
in CA-G.R. SP No. 97127. The mining corporations fault the CA for (a)
upholding the validity of the provision of Presidential Decree (PD) No. 18993
which limits the annual production/extraction ofmineral ore in small-scale mining
to 50,000 metric tons (MT) despite its being violative of the equal protection
clause, and (b) adopting the Mines and Geosciences Bureau's (MGB) definition of
'ore,' which led the said court to co~cl~that the mining corporations had
exceeded the aforesaid 50,000-MT limiyffe~
CA ro/lo, pp. 556-579; penned by Associate Justice Noel G. Tijam and concurred in by Associate Justices
Martin S. Villarama, Jr. (now a member ofthis Court) and Sysinando E. Villon.
Id.atl161-1167. '
Entitled "Establishing Small-Scale Mining as a New Dimension in Mineral Development," which took
effect on January 23, 1984.
2. Decision G.R. No. 1796692
Factual Antecedents
On March 9, 2006, each of the petitioners was awarded a 2-year Small-
Scale Mining Permit4
(SSMP) by the Provincial Mining Regulatory Board of
Agusan del Norte; they were allowed to extract Nickel and Cobalt (Ni-Co) in a 20-
hectare mining site in Sitio Bugnang, Brgy. La Fraternidad, Tubay, Agusan del
Norte. These permits were granted after the Environmental Management Bureau
(EMB), Region XIII of the Department of Environment and Natural Resources
(DENR) issued on March 2, 2006 Environmental Compliance Certificates5
(ECCs) with a validity period of one year.
The mining corporations’ ECCs contain a restriction that the amount of Ni-
Co ore they are allowed to extract annually should not exceed 50,000 MTs
pursuant to Section 1 of PD 1899 which provides:
Section 1. Small-scale mining refers to any single unit mining operation
having an annual production of not more than 50,000 metric tons of ore x x x.
Subsequently, however, Agusan del Norte Governor, Erlpe John M.
Amante (Governor Amante), questioned the quantity of ore that had been mined
and shipped by the mining corporations. In reply, the mining corporations denied
having exceeded the extraction limit of 50,000 MTs.6
They explained that an
extracted mass contains only a limited amount/percentage of Ni-Co as the latter is
lumped with gangue, i.e., the unwanted rocks and minerals. And it is only after
the Ni-Co is separated from the gangue by means of a scientific process should the
amount of the Ni-Co be measured and considered as ‘ore.’ Excluding the gangue,
the mining corporations pegged the volume of Ni-Co ore they had extracted from
the time they started shipping the same in August 2006 until they filed their
Petition before the CA in December 2006 at 1,699.66 MTs of Ni-Co ore only.7
Having reservations with the mining corporations’ interpretation of the
50,000-MT restriction, Governor Amante sought the opinion of the Department of
Justice (DOJ) on the matter.
Meanwhile, the EMB sent the mining corporations a Notice of Violation8
informing them that they had exceeded the allowed annual volume of 150,000
MTs combined production as their stockpile inventory of Nickeliferous ore had
already totaled 177,297 dry metric tons (DMT). This was based on the August 10,
2006 Inspection Report9
of the MGB Monitoring Team which conducted an
4
CA rollo, pp. 84-94.
5
Rollo, pp. 94-102.
6
Letter dated November 7, 2006, id. at 104-105.
7
Id. at 14.
8
Id. at 106-107.
9
Id. at 157-165.
3. Decision G.R. No. 1796693
inspection after the DENR received complaints of violations of small-scale mining
laws and policies by the mining corporations. A technical conference was
thereafter held to hear the side of the mining corporations anent their alleged over-
extraction.
On November 26, 2004, DENR Secretary Angelo T. Reyes issued a Cease
and Desist Order10
(CDO) against the mining corporations suspending their
operations for the following reasons:
1. The excess in 1) annual production of SR Metals, Inc., 2) maximum
capitalization, and, 3) labor cost to equipment utilization of 1:1 is, by itself, a
violation of existing laws.
2. The ECCs issued in favor of San R Construction Corporation and Galeo
Equipment Corporation have no legal basis and [are] therefore considered
null and void from the beginning. Similarly, the small scale mining permits
that were issued by reason of such ECCs are likewise null and void.11
A few days later or on November 30, 2006, DOJ Secretary Raul M.
Gonzalez replied to Governor Amante citing DOJ Opinion No. 74, Series of
2006.12
By comparing PD 1899 to Republic Act (RA) No. 7076,13
a subsequent
law that likewise defines small-scale mining, the DOJ opined that Section 1 of PD
1899 is deemed to have been impliedly repealed by RA 7076 as nothing from the
provisions of the latter law mentions anything pertaining to an annual production
quota for small-scale mining. It explained:
The definition of “small scale mining” under R.A. No. 7076 is clear and
categorical. Any mining activity that relies heavily on manual labor without use
of explosives or heavy mining equipment falls under said definition. It does not
mention any annual production quota or limitation. On the contrary, Section 12
thereof is explicit that the contractor, or, specifically, in this case, the permit
holders or permitees, are entitled not only to the right to [mine], but also to
“extract and dispose of mineral ores (found therein) for commercial purposes”
without specific limitation as to the nature of the mineral extracted or the quantity
thereof.
Moreover, while Section 13 of the law imposes certain duties and
obligations upon the contractor or permitee, nothing therein refers directly or
otherwise to production quota limitation. Additionally, even Section 10 thereof,
which provides for the extent [of] the mining area, does not limit production but
only the mining area and depth of the tunnel or adit which, as stated in the law
shall “not (exceed) that recommended by the (EMB) director taking into account
the “quantity of mineral deposits”, among others. It is, however, silent on the
10
CA rollo, pp. 22-25.
11
Id. at 24.
12
Rollo, pp. 108-115.
13
Entitled “People’s Small Scale Mining Act of 1991,” effective July 18, 1991.
4. Decision G.R. No. 1796694
extent of the mining’s annual quota production. Thus, anything that is not in the
law cannot be interpreted as included in the law x x x14
Even assuming that the 50,000-MT ore limit in PD 1899 is still in force, the
DOJ categorically concluded that the term ‘ore’ should be confined only to Ni-Co,
that is, excluding soil and other materials that are of no economic value to the
mining corporations. This is considering that their ECCs explicitly specified
‘50,000 MTs of Ni-Co ore.’
The mining corporations then filed before the CA a Petition for Certiorari
with prayer for Temporary Restraining Order and/or Preliminary Injunction,
imputing grave abuse of discretion on the part of DENR in issuing the CDO.
Relying on the rationalizations made by the DOJ in its November 30, 2006
Opinion, they vehemently denied having over-extracted Ni-Co.
The Office of the Solicitor General (OSG), for its part, claimed that the
CDO was issued for ecological and health reasons and is a preventive measure
against disasters arising from multiple acts of over-extraction such as landslides,
mudslides and flooding. Also to be respected is the DENR’s finding of the mining
corporations’ over-extraction because being the agency mandated to implement
the laws affecting the country’s natural resources, the DENR possesses the
necessary expertise to come up with such determination. For the same reason, the
DENR’s definition of small-scale mining particularly that under Mines
Administrative Order (MAO) No. MRD-41, series of 1984,15
must also be
sustained.
Furthermore, the OSG averred that the mining corporations’ concept of
how to measure Ni-Co ore is flawed as this contradicts Section 2 of MAO No.
MRD-41 which confines the 50,000-MT limit to run-of-mine ore, viz.:
SECTION 2 - Who May Qualify for the Issuance of a Small Scale
Mining Permit – Any qualified person as defined in Sec. 1 of these Regulations,
preferably claim owners and applicants for or holders of quarry permits and/or
licenses may be issued a small scale mining permit provided that their mining
operations, whether newly-opened, existing or rehabilitated, involve:
14
Rollo, pp. 112-113.
15
Re: Rules and Regulations Governing the Granting of Small Scale Mining Permits under Presidential
Decree No. 1899. Section 1 (1) thereof provides:
Section 1. Definition of Terms. – As used in this regulations, the following terms shall, unless the
context otherwise indicates, have the following meanings:
x x x x
(l) “Small Scale Mining” involves the operation of a single unit mining operation having an annual
production not exceeding 50,000 metric tons of run-of-mine ore with the following requisites:
(1) The working is artisanal, either open cast or shallow underground mining without the use of
sophisticated mining equipment;
(2) Minimal investment on infrastructures and processing plant;
(3) Heavy reliance on manual labor.
5. Decision G.R. No. 1796695
(a) a single mining unit having an annual production not exceeding
50,0000 metric tons of run-of-mine ore, either an open cast mine working or a
subsurface mine working which is driven to such distance as safety conditions
and practices will allow;
x x x x
The OSG emphasized that in measuring an extraction, the only deduction
allowed from an extracted mass of ore is the weight of water, not the soil. It
quoted a letter16
from Director Horacio C. Ramos of the MGB Central Office
dated April 30, 2007 addressed to the OSG, which explained the definition of the
phrase “50,000-metric ton extraction limit,” to wit:
50,000 metric tons of run-of-mine per year;
the run[-]of[-]mine can either be wet or dry;
traditionally, the production rate for nickel is based on dry since the water or
moisture content has no value; and
thus, if the ore is wet, the weight of water is deducted from the total weight of
ores in the determination of the production rate, or for shipment purposes.17
Ruling of the Court of Appeals
The CA denied the mining corporations’ Petition, not only because the
ECCs have been mooted by their expiration, but also due to its recognition of the
power of the DENR to issue the CDO as the agency reposed with the duty of
managing and conserving the country’s resources under Executive Order 192.18
Anent the issue of whether the imposed limit under PD 1899 should be upheld and
whether there was over extraction, the CA had this to say:
We agree with the OSG’s argument that the 50,000[-]metric ton limit
pertains to the mined ore in its unprocessed form, including the soil and dirt. The
OSG argued that the DOJ Opinion is not binding upon the court and that the
agency which is tasked to implement the mining laws is the DENR. Citing the
MGB letter-reply, the OSG contended that the limit provided in RA 1899
subsists and RA 7076 did not impliedly repeal the latter. The provisions in both
laws are not inconsistent with each other, both recognizing the DENR’s authority
to promulgate rules and regulations for the implementation of mining laws.19
Furthermore, the said court gave credence to the MGB’s April 30, 2007
opinion on the definition of the 50,000-MT limit. Rejecting the claims of the
mining corporations, it said:
16
Rollo, pp. 251-252.
17
Id. at 252.
18
PROVIDING FOR THE REORGANIZATION OF THE DEPARTMENT OF ENVIRONMENT,
ENERGY AND NATURAL RESOURCES, RENAMING IT AS THE DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES AND FOR OTHER PURPOSES.
19
Rollo, p. 53.
6. Decision G.R. No. 1796696
x x x Thus, the MAO not only buttresses the OSG’s arguments as to what the
extraction limit pertains to, x x x it also contravenes [the mining corporations’]
assertion that the extraction limit no longer exists and that, even if the limit
subsists, they [had] not exceeded the same because they [had] only extracted
around 1,600 metric tons. Indeed, for purposes of determining whether the
extraction is still within the allowable limits, only the weight of water is deducted
from the run-of-mine ore.20
The mining corporations moved for partial reconsideration where they
again relied heavily on the DOJ Opinion.21
They also attacked the validity of
Section 1(1) of PD 1899 that sets the annual production limit of 50,000-MT on
small-scale mining by arguing that it violates the equal protection clause of the
Constitution and that it is already repealed by RA 7076. Even granting that the
said limit is still in force, the mining corporations asserted that the gangue should
not be included in measuring the extraction, since their ECCs clearly provide that
50,000 MTs of Ni-Co ore, not 50,000 MTs of ore, can be extracted.
Ignoring their arguments, the CA stressed that the DENR is the primary
government agency responsible for the conservation, management, development,
and proper use of the country’s mineral resources. It reiterated:
This Court likewise declared that the MAO adopted the definition of
small scale mining in PD 1899, including the requirement of observing the
extraction limit. Together with the MGB’s interpretation of the term “run-of-
mine ore”, the MAO supports the arguments of the OSG as to the extraction limit
and controverts [the mining corporations’] assertion that no extraction limit exists
and, if the same subsists, they [had] not exceeded it.22
Hence, this Petition.
Issues
Two questions are posed before us. The first deals with the
constitutionality of Section 1, PD 1899 which, according to the mining
corporations violates the equal protection clause. They argue that there is no
substantial distinction between the miners covered under RA 7076, who can
extract as much ore as they can, and those covered under PD 1899 who were
imposed an extraction limit.
Another issue concerns the correct interpretation of the 50,000-MT limit.
The mining corporations insist on their version of how to compute the extraction.
20
Id. at 54.
21
Id. at 168-180.
22
Id. at 67.
7. Decision G.R. No. 1796697
To them, the computation of Ni-Co ore should be confined strictly to Ni-Co
component from which they derive economic value.
Our Ruling
Petitioners are governed by the annual
production limit under PD 1899.
Two different laws governing small-scale mining co-exist: PD 1899 and
RA 7076.23
The controversy lies in the apparent conflicting provisions on the
definition of small-scale mining under the two laws. Section 1 of PD 1899 defines
small-scale mining in this wise:
Small-scale mining refers to any single unit mining operation having an
annual production of not more than 50,000 metric tons of ore and satisfying the
following requisites:
1. The working is artisanal, whether open cast or shallow underground
mining, without the use of sophisticated mining equipment;
2. Minimal investment on infrastructures and processing plant;
3. Heavy reliance on manual labor; and
4. Owned, managed or controlled by an individual or entity qualified
under existing mining laws, rules and regulations.
On the other hand, under Section 3(b) of RA 7076, small-scale mining
refers to ‘mining activities which rely heavily on manual labor using simple
implements and methods and do not use explosives or heavy mining equipment.’
Significantly, this definition does not provide for an annual extraction limit unlike
in PD 1899.
23
Some of the differences between PD 1899 and RA 7076 as may be inferred from the laws and their
respective IRRs, i.e., MRD 1984-41 and DAO No. 92-34: Under the PD, small-scale mining permits
(SSMPs) are issued, while in the RA, small-scale mining contracts (SSMCs) are granted in the form of co-
production, joint venture, or mineral production sharing agreement. Qualified applicants under the PD are
individuals, partnerships and corporations, registered with the SEC, at least 60% Filipino-owned, while
those under the RA, only Filipino cooperatives organized by licensed and registered small-scale miners may
apply. Under the RA, mining operations shall only be conducted within the areas declared as People’s
Small Scale Mining Area (PSSMAs), those which are not declared as PSSMAs shall be governed by the
PD.
Furthermore, it must be noted that on July 6, 2012, President Benigno Aquino III signed Executive
Order 79, Series of 2012, wherein the EO categorically mandates that small-scale mining operations shall be
governed by RA 7076. The IRR of EO 79, DAO No. 2012-07, states that small-scale mining permits issued
under PD 1899 shall still be recognized until their expiration. This means that thereafter, RA 7076 must be
complied with.
8. Decision G.R. No. 1796698
DOJ Opinion No. 74, Series of 2006 concluded that as nothing from RA
7076 speaks of an annual production limit, Section 1 of PD 1899 should be
considered impliedly repealed by RA 7076, the later law. However, while these
two laws tackle the definition of what small-scale mining is, both have different
objects upon which the laws shall be applied to. PD 1899 applies to individuals,
partnerships and corporations while RA 7076 applies to cooperatives.24
There are
other differences between the two laws, but we cannot hastily conclude that there
is an implied repeal because of the omission. Both laws may stand.
Petitioners then construe the omission of the annual production limit in the
later law in the sense that small-scale miners granted mining contracts under RA
7076 can now conduct mineral extraction as much as they can while the benefit of
unlimited extraction is denied to those granted permits under PD 1899. According
to them, such situation creates an invalid classification of small-scale miners under
the two laws, hence the attack on Section 1 of PD 1899 as being violative of the
equal protection clause.
We do not, however, subscribe to the mining corporations’ averment that
the 50,000-MTs production limit does not apply to small-scale miners under RA
7076. Recognizing the DENR’s mandate to regulate the country’s natural
resources under EO 192,25
both PD 1899 and RA 7076 delegated to the DENR,
thru its Secretary, the power to promulgate the necessary IRRs to give effect to the
said laws.26
Significantly, the DENR in the exercise of such power had just recently
resolved the question on the production limit in small-scale mining. On July 5,
2007, it issued DMC 2007-07 or “Clarificatory Guidelines in the Implementation
of the Small-Scale Mining Laws”. By imposing the annual production limit of
50,000 DMT to both SSMPs issued under PD 1899 and Small-Scale Mining
Contracts (SSMCs) under RA 7076, the DENR harmonized the two laws, viz:
V. Maximum Annual Production
24
See note 22.
25
Relevant provisions of the Executive Order No. 192 provide:
SECTION 4. Mandate. The Department shall be the primary government agency responsible for the
conservation, management, development, and proper use of the country’s environment and natural
resources, specifically forest and grazing lands of the public domain, as well as the licensing and regulation
of all natural resources as may be provided for by law in order to ensure equitable sharing of the benefits
derived therefrom for the welfare of the present and future generations of Filipinos.
x x x x
SECTION 5. Powers and Functions. To accomplished its mandate, the Department shall have the
following functions:
x x x x
c) Promulgate rules and regulations in accordance with the law governing the exploration,
development, conservation, extraction, disposition, use and such other commercial activities tending to
cause the depletion and degradation, of our natural resources.
26
Provided under Section 8 of Presidential Decree No. 1899 and Section 26, par. 2 of Republic Act No. 7076.
9. Decision G.R. No. 1796699
For metallic minerals, the maximum annual production under an
SSMP/SSMC shall be 50,000 dry metric tons (DMT[s]) of ore, while for
nonmetallic minerals, the maximum annual production shall be 50,000 DMT[s]
of the material itself, e.g., 50,000 DMT[s] of limestone, 50,000 DMT[s] of silica,
or 50,000 DMT[s] of perlite.
The maximum annual production above shall include low-grade and/or
marginal ore, and/or minerals or rocks that are intended for sampling and/or
metallurgical testing purpose/s.”
With the 50,000-MT limit likewise imposed on small-scale miners under
RA 7076, the issue raised on the violation of the equal protection clause is moot.
The fact is, the DENR treats all small-scale miners equally as the production limit
applies to all of them. There is therefore no more reason for the mining
corporations to not recognize and comply with the said limitation. It must be
stressed that the DENR is the government agency tasked with the duty of
managing and conserving the country’s resources; it is also the agency vested with
the authority to promulgate rules and regulations for the implementation of mining
laws.
The DENR, being the agency mandated
to protect the environment and the
country’s natural resources, is
authoritative on interpreting the 50,000-
MT limit.
MAO No. MRD-41 specifies measuring the ‘run-of-mine ore,’ meaning the
ore as it emerges from the mine, i.e., before treatment.27
As explained by the
DENR-MGB Director, the ore is weighed only in DMT, excluding the water or
moisture content. Simply stated, included in the measurement are other materials
lumped with the sought-after mineral.
This definition is congruent with RA 7942 or The Philippine Mining Act of
1995. Said law defines “ore” as “naturally occurring substance or material from
which a mineral or element can be mined and/or processed for profit.”28
Clearly,
the law refers to ore in its unprocessed form, i.e., before the valuable mineral is
separated from the ore itself.
Also in Section V of the earlier mentioned DMC-2007-07, the DENR
clarified the 50,000-MT limit by differentiating the measurement of metallic
minerals from nonmetallic ones. Noticeably, the metallic minerals are
conservatively measured compared to nonmetallic or industrial minerals for a
27
Mining Journal Online, Mining 101, http://www.mining-journal.com/knowledge/Mining-101, visited on
May 27, 2014.
28
Chapter 1, Section 3 (ak).
10. Decision G.R. No. 17966910
reason. Compared to metallic minerals, nonmetals are easily available when
mined in their raw/natural state, like limestone. As nonmetallics are produced
from natural aggregates, the production limit of 50,000 DMTs will be easily met.
On the other hand, metallic minerals, like Ni-Co are not easily available in their
pure form since they are sourced from ores which are mined. To extract these
metals of economic value, the gangue lumped with them have to be removed by
metallurgy. And in order to produce a ton of a metallic mineral sought for, big
volumes of gangue will have to be removed. As indicated by the mining
corporations’ Summary of Shipments,29
it took 151,612 DMTs of ore to extract
only 1,699.66 DMTs of Ni-Co. Thus, 149,912.34 DMTs of ore are considered
waste. This means that if we are to subscribe to the mining corporations’
interpretation of how to measure mined ore by measuring only the Ni-Co and
excluding the gangue, small-scale miners are virtually given the license to
continuously collect large volumes of ore until the 50,000 DMTs of Ni-Co limit is
met. It must be emphasized that mining, whether small or large-scale, raises
environmental concerns. To allow such a scenario will further cause damage to
the environment such as erosion and sedimentation, landslides, deforestation, acid
rock drainage, etc.30
As correctly argued by the Solicitor General, extracting
millions of DMTs of run-of-mine ore will mean irreversible degradation of the
natural resources and possible landslides and flashfloods.
It may be significant to state at this point that while the annual production
limit by measuring only the material itself may apply in small-scale nonmetallic
mining, the same cannot be true to metal mining for the reasons above stated.
Hence, the DENR saw it proper to conservatively measure the production of
metallic minerals apparently bearing in mind the more intense impact of such kind
of mining to the environment.
Anent the mining corporations’ contention that their ECCs specified that
they were allowed to extract 50,000 MTs of Ni-Co, such should not be taken
literally in the sense that the measurement should only be based on the Ni-Co in
their purest form. Their ECCs only meant that they are to mine Ni-Co and not any
other minerals. This construction likewise applies to the respective SSMPs given
them.
WHEREFORE, premises considered, the Petition is DENIED. The July
4, 2007 Decision and September 14, 2007 Resolution of the Court of Appeals in
CA-G.R. SP No. 97127 are hereby AFFIRMED in toto.
29
Rollo, p. 103.
30
In the UP Philippine Law Journal article entitled ‘Legal Responses to the Impact of Mining’ authored by
Antonio GM La Vina, Alaya M. De Leon, and Gregorio P. Bueta, see http://plj.upd.edu.ph/legal-responses-
to-the-impact-of-mining/, other negative environmental impacts of mining exploration, operation, and ore
extraction were mentioned such as disruption or loss of natural habitats, forest land conversion/loss, decline
in carbon sequestration capacity, reduced slope stability, diversion of surface or groundwater, reduced or
erratic stream flows, clogged stream channels, potential acid rock generation, and contamination of surface
waterways.
11. Decision 11 G.R. No. 179669
SO ORDERED.
WE CONCUR:
A~;.
~O C. DEL CASTILLO
Associate Justice
ANTONIOT.C
Associate Justice
Chairperson
Witwild~ARTURO D. BRION
Associate Justice
~.~(,(;!/
ESTELA M. ~ERLAS-BERNABE
Associate Justice
ATTESTATION
z
I attest that the conclusions in the above Decision had been reached in
consultation before the case was assigned to the writer of the opinion of the
Court's Division.
Associate Justice
Chairperson
12. Decision 12 G.R. No. 179669
CERTIFICATION
Pursuant to Section 13, Article VIII of the Constitution and the Division
Chairperson's Attestation, I certify that the conclusions in the above Decision had
been reached in consultation before the case was assigned to the writer of the
opinion ofthe Court's Division.
MARIA LOURDES P.A. SERENO
ChiefJustice
•