TRANSPORT OF MINERALS/MINERAL PRODUCTS

Ore Transport Permit

1. Issued by the Regional Director or duly authorized representative
2. Issued to permit holders, contractors, accredited traders, retailers, processors, and other mining
rights holders
3. Issued for the transport of all minerals/mineral products and by-products, including gold bullion
4. Not necessary for:
a. ore samples not exceeding 2MT to be used exclusively for assay and pilot test
i. MGB issues Certification for assay and pilot test
b. If ore samples exceed 2MT for assay and pilot tests
i. OTP shall be issued by MG for a limited amount based on:
1. Type of Ore
2. Metallurgical tests to be undertaken
3. Other justifiable reasons as determined by MGB

Ore Transport Permit for MPSA and FTAA Contractors

1. A written notice prior to shipment or transport of ores shall be furnished to the MGB
2. For purpose of monitoring mining activities in the contract area
3. Transport is in accordance with the terms and conditions of the Agreement

Delivery Receipt
1. Issued by the Regional Director or duly authorized representative
2. Issued to permit holders, contractors, accredited traders, retailers, processors, and other mining
rights holders
3. Issued for the transport of sand and grave

Transport by Small Scale Miners

1. P/C Mining Regulatory Board formulate own policies
2. Issued to small scale miners
3. Transport of mineral ores/minerals/mineral products and by-products, including gold bullions
4. Destination: from small-scale mining areas to custom mills or processing plants
 CONFISCATION, SEIZURE AND DISPOSITION OF ILLEGALLYSOURCED
MINERALS/MINERAL PRODUCTS

Scope
Illegally sourced minerals/mineral products are those mined, extracted, removed and/or disposed:
1. Without authority or
2. Without permit

Persons Authorized to Effect Seizure

1. MGB Regional Director
2. Bureau personnel, duly authorized by the MGB Director
3. DENR personnel duly authorized by the Secretary
4. Permittee
5. Contractor
6. Permit Holder
7. Other duly deputized personnel

Basis of Arrests and Confiscations/Seizures

The absence of any of the foregoing documents shall:

1. Considered prima facie evidence of illegal mining and
2. Cause the confiscation/seizure of the minerals/mineral products and the tools and equipment
including conveyance used in the commission of the offense in favor of the Government, subject to
further investigation.

Effect if found that minerals/mineral products seized without any permit or authority
1. Final confiscation
2. Followed by filing of complaint for theft of minerals
3. Bureau officers duly authorized shall have authority to
a. arrest offenders
b. confiscate/seize illegally sourced minerals/mineral products and the tools, equipment and
conveyance used in the commission of offense.

Responsibility of the Permittee, Contractor or Permit Holder

To police the permit/contract area from any illegal mining operations

Execution of Sworn Statements

Immediately after seizure of the minerals/mineral products together with the tools, equipment and
conveyance used in the commission of the offense. The apprehending Bureau officer shall:
1. Execute his/her sworn statement or affidavit surrounding the facts of the case
2. Take sworn statements or affidavits of witnesses

Assessment and Issuance of Confiscation/Seizure Receipt

1. Immediately determine the kind, volume, and quantity of seized minerals/mineral products
2. Assess based on the gross volume or weight without deduction for natural defects
3. Issue Seizure Receipt
a. By the signing Bureau officer
b. Duly acknowledged by the apprehended person or party
 c. In case of refusal – LGU may attest as to the veracity of Seizure Receipt

Custody of the Confiscated/ Seized Minerals/Mineral Products, Tools, Equipment and Conveyance

Procedure:
Apprehension by the Bureau a. Deposit with the Regional Office for safekeeping, or
field officer b. If transfer not immediately feasible, and at the discretion of the
apprehending officer considering the safety of the items:
a. Under the custody of any licensed mine operator
i. Authority to seek assistance from licensed
mine operation - to provide transportation
facilities for the transfer of the confiscated
items from the place of apprehension to the
place of custody
b. Deposit at the nearest local public official (Brgy.
Captain, Mayor, Governor or PNP)
c. Acknowledgement and receipt of items
a. The custody shall be duly acknowledged and received
by the official taking custody
d. Refer the seizure/confiscation case to the MGB Regional Office
for further investigation and disposition
Apprehension by the PNP, 1. Notify MGB Regional Office and turn over the seized items for
Economic Intelligence and proper investigation and disposition
Investigation Bureau (EIIB),
Coast Guard and other
government law enforcement
agencies
Confiscated gold and other 1. MGB Regional Office shall first determine if it conforms with the
precious metal/s Bangko Sentral ng Pilipinas (BSP) specifications or
requirements for acceptance
2. Issue a Memorandum Receipt for each turnover
3. If the minimum weight requirements are satisfied
a. Does not conform with physical requirements
i. Deliver to the Bureau/Regional Office
Metallurgy Laboratory for processing (by the
accountable officer escorted by security
officers)
4. If the minimum weight requirements are not satisfied
a. Store in a safety deposit box of the nearest reputable
banking institution duly accredited by the Department
Regional Office (by the Chief Cashier/Accountant of
MGB Regional Office)
b. Once the inventory of metal/s reach the minimum BSP
weight specifications, the Chief Cashier/ Accountant
shall turn over the confiscated metal/s to the Metallurgy
Office
c. Metallurgy Office after processing into saleable form
the metal/s shall immediately turn over the Chief
Cashier/Accountant
Filing of Complaint
1. MGB, Permittee, Contractor, Permit Holder and/or other duly deputized personnel
2. File complaint with the proper court
3. For Violation of Sec. 103 (Theft of Minerals)
4. Documentary Evidence:
a. Sworn statement of the apprehending/arresting officer (MGB Form No. 12-2)
b. Affidavits of witnesses, if any (MGB Form No. 12-3)
c. Copy of the seizure receipt
d. Photographs showing the minerals/mineral products seized including the tools, equipment
and conveyance used in the commission of the offense; and
e. Other supporting papers/evidence as the court may require.
5. Immediately after filing of complaint, the MGB Regional Office shall transmit a copy of the complaint
and all supporting documents to the MGB CO for proper handling and disposition, cc: DENR

Disposition of Confiscated/Seized Minerals/Mineral Products, Tools, Equipment and Conveyance

Items Not Subject to Disposition:

1. Subject of judicial proceedings
a. Where ownership of the minerals is at issue
b. Until proper authority is obtained for their disposition from the court where the case is
pending
2. Earmarked for donation to other government agencies
3. Those identified and determined by the Department for its own needs

Procedure for Disposition:

Gold and precious metals No bidding Sold directly to BSP
1. If confiscated metals conform with BSP
specifications:
a. MGB shall prepare a letter of
intent/advice to sell precious
metals (addressed to the
Director/Administrator of the
nearest BSP Buying Station)
b. Deliver the precious metals and
letter/advice to BSP Buying station
(by accountable officer escorted by
security officers)
c. Receive payment
Minerals/mineral products Sell at public auction or Composition of CBACMP:
(except gold and other dispose through the 1. Chairman - Regional Director
precious metals) Committee on Bids responsible for or having custody over
and Awards on the confiscated minerals or his/her duly
Confiscated Mineral authorized representative
Products (CBACMP) 2. Members:
a. LGU
b. Accredited NGO
c. COA representatives
Minerals/Mineral products Public Auction 1. Make representations with proper court
 subject of court cases 2. Proceeds shall be deposited to the court
(especially minerals that 3. Proceeds shall be awarded based on
easily deteriorate e.g., the final court decision
pumice and clay)
Tools and equipment Forfeiture in favor of 4. Due process
including conveyance government 5. Dispose in accordance with laws, rules
and regulations or policies

Remittance of Proceeds of Sale

1. Proceeds after deducting administrative costs (related to the confiscation and disposition)
2. Upon receipt of full payment of bidded products
3. Remit to DENR by the Chairman of the CBACMP
a. Cashier's Check, or
b. Manager's check

Reporting
1. Individual Cases/Report a. Within 24 hours from seizure – report on confiscation/seizure by
the apprehending officer to MGB RD, who in turn shall report to the
next higher officer
b. Within 3 working days from seizure – Detailed report indicating
actions taken by apprehending officer must be submitted
2. Monthly Report a. Monthly Confiscation Report - submitted by MGB RD together with
the status of the confiscated minerals/mineral products; and
b. Director shall consolidate the Monthly Confiscation Reports of all
the Regional Directors and in turn forward the same to the
Secretary
3. Quarterly Report a. Quarterly Confiscation Report – MGB Director shall submit to the
Secretary a quarterly report of confiscated minerals/mineral
products