CHRISTIAN R.

ROBIS
3EE-B

EXECUTIVE ORDER NO. 79 - INSTITUTIONALIZING AND IMPLEMENTING REFORMS IN THE PHILIPPINE

MINING SECTOR PROVIDING POLICIES AND GUIDELINES TO ENSURE ENVIRONMENTAL PROTECTION
AND RESPONSIBLE MINING IN THE UTILIZATION OF MINERAL

The reason why I chose this topic or executive order because I want to address the
problem in our Island. I was born and raised in a small island located in Romblon, called Sibuyan
Island also known as the " Galapagos of Asia".Sibuyan Island known for its natural beauty and
greenery surroundings especially the Mount Guiting-Guiting. Sibuyan Island is also abundant in
different kind of minerals especially Nickel. There is one company which is based in canada
interest in mining nickel in Sibuyan Island. Altai Resources Inc., a Canadian company with
interests in Sibuyan, has identified 19 million tons of soil and rock to be extracted from the
protected area and its buffer zone, which will result in the clearing of up to 1,580 hectares
(3,904 acres) of forest. Preliminary surveys suggest a significantly larger, unexplored area with
similar nickel deposits, and the Philippine government has already issued exploration permits
for an additional 5,500 hectares (13,591 acres) of forested land surrounding and overlapping
the protected zone. The altai Resources Inc. don't have a permit yet but they already did the
exploration and that's illegal.Because of this it creates tension, because the residents and
environmentalist won't allow this company to mine the nickel because of its negative effect not
just for the environment but also for residents living around the area especially the indigenous
people.

This Executive Order outlines policies and guidelines aimed at ensuring both
environmental protection and responsible mining practices in the utilization of mineral
resources. It designates specific areas as off-limits to mining activities, such as protected areas,
prime agricultural lands, tourism development zones, and other environmentally sensitive
regions, including island ecosystems, which are all deemed no-go zones for mining. Key
provisions of the Order include the strict enforcement of environmental standards, ensuring
that mining operations comply with environmental protection measures. It also mandates the
establishment of mineral reserves to preserve critical resources for future use. The Order
emphasizes a competitive bidding process for the granting of mining rights, ensuring
transparency and fairness. In addition, it outlines measures to enhance small-scale mining
operations, aiming to improve their sustainability and safety standards. To assess the broader
environmental impacts of mining activities, the Order introduces the use of Programmatic
Environmental Impact Assessments (PEIA), which evaluate the cumulative effects of
development projects at various scales. Moreover, the Executive Order calls for the creation of
the Mining Industry Coordinating Council, which will be responsible for overseeing the proper
coordination and implementation of the new policies, ensuring that all stakeholders work
together to achieve sustainable mining practices while safeguarding the environment.

The mining industry in the Philippines is primarily regulated by the Philippine Mining
Act of 1995 (Republic Act No. 7942) and its implementing rules, DENR Administrative Order No.
2010-21 (Mining Act IRR), both of which have remained unchanged over the past year. In 2012,
Executive Order No. 79 was issued under the Aquino administration to implement reforms in
the mining sector, focusing on environmental protection and responsible mining. EO 79
introduced measures like reviewing existing mining operations, cleansing non-operating mining
rights holders, imposing a moratorium on new mineral agreements until a new revenue-sharing
framework was established, and forming the Mining Industry Coordinating Council. Under the
Duterte administration, no order has been issued to repeal, amend, or replace EO 79.The
Department of Environment and Natural Resources (DENR) is the primary agency responsible
for managing and conserving the country's environment and natural resources, including
mineral resources. The Mines and Geosciences Bureau (MGB), a DENR bureau, is tasked with
managing mineral lands and resources and ensuring their sustainable development. The MGB
director recommends the granting of mineral agreements to the DENR secretary and monitors
compliance with their terms. Additionally, the MGB and the Environmental Management
Bureau (EMB), another DENR bureau, provide advice to the secretary on environmental
management, develop environmental policies and standards, oversee regional offices'
implementation of plans, and issue necessary permits and clearances.

Under the Philippine Constitution, the exploration, development, and utilization of

mineral resources are under the full control and supervision of the state. However, private
parties can acquire mining rights through a Financial or Technical Assistance Agreement (FTAA),
an Exploration Permit (EP), or a Mineral Agreement (MA). An EP grants the holder the right to
explore for all minerals within a designated area. Once the MGB director approves a mining
project feasibility study, the EP holder gains the exclusive right to apply for an MA or FTAA. An
MA provides the holder with the exclusive right to mine and extract all mineral resources in the
contract area, while an FTAA permits the holder to provide financial or technical assistance to
the government for large-scale exploration, development, and utilization of mineral resources.
Executive Order No. 79 imposed a suspension on issuing MAs until new legislation is passed to
rationalize existing revenue-sharing frameworks. As of March 2018, House Bill No. 422 (which
establishes the fiscal regime and revenue-sharing arrangement for large-scale metallic mining)
was referred to the House Committee on Ways and Means, while a similar bill, Senate Bill No.
927, remains pending with the Senate Committee on Ways and Means.
 Executive Order No. 79 (EO 79) helps in environmental protection and management in
the Philippines by instituting several key reforms aimed at ensuring responsible mining
practices. The main provisions of EO 79 that support environmental protection include:

1. Environmental Impact Assessment (EIA) and Monitoring: EO 79 emphasizes the need for a
comprehensive review of existing mining operations to ensure they comply with environmental
standards. It mandates the regular monitoring and assessment of mining projects to ensure
that they are not causing undue environmental damage.

2. Moratorium on New Mineral Agreements (MAs): EO 79 imposes a suspension on the

issuance of new MAs until new legislation is enacted to rationalize revenue-sharing schemes.
This moratorium aims to ensure that mining activities are carried out responsibly, without
compromising environmental safeguards, until a clearer regulatory framework is in place.

3. Mining Industry Coordinating Council (MICC): EO 79 created the MICC to oversee and review
the performance of mining operations and provide a platform for the coordination of
government agencies involved in mining and environmental protection. The MICC ensures that
mining activities comply with environmental laws and regulations.

4. Promotion of Responsible Mining: The order calls for the implementation of policies that
promote sustainable and responsible mining, including ensuring that mining companies
implement proper environmental protection measures, rehabilitate mined-out areas, and
mitigate environmental impacts.

5. Clean-up of Non-operating Mining Rights Holders: EO 79 directs the government to review

and cancel non-operating mining rights holders, which prevents the proliferation of abandoned
or poorly managed mining sites that can cause environmental harm.

By setting up these frameworks and controls, EO 79 strengthens the role of the

government in ensuring that mining activities do not compromise the country’s natural
resources and ecosystems, supporting long-term environmental sustainability.

To improve the implementation of Executive Order No. 79, the government should
enhance monitoring by utilizing advanced technologies like satellite imaging and drones for
real-time environmental tracking, while imposing stricter penalties for non-compliance. The
passage of House Bill No. 422 and Senate Bill No. 927 should be expedited to establish a fair
and transparent revenue-sharing framework for mining. Rehabilitation requirements should be
strengthened by mandating detailed and publicly accessible post-mining plans, with long-term
monitoring and dedicated restoration funds. Additionally, small-scale mining should be
regulated and formalized to reduce illegal practices and ensure compliance with environmental
standards. Greater community involvement is essential, allowing local stakeholders to actively
participate in decision-making and benefit from mining operations through robust corporate
social responsibility initiatives. Lastly, better coordination among relevant agencies like the
DENR, MGB, and EMB is needed to streamline mining governance and promote sustainable
practices.