Vol. 1 No.

1 | April 2022

MICC
MIC C POLICY NOTE
A publication of the Mining Industry Coordinating Council

Review of Philippine Large-Scale Metallic Mines:

Going Beyond Compliance Towards Sustainability
In the 1970s, the mining and quarrying sector accounted Industry Coordinating Council (MICC) to undertake a more
for 1.4 percent of the country’s Gross Domestic Product thorough review of the performance of existing mine operations
(GDP), while the share of mineral exports reached as high pursuant to Section 3 of EO 79, s. 2012.2 The results of the
as 24.5 percent of total exports. However, from the 1980s Review contain policy recommendations for the DENR toward
until the 1990s, the sector began to decline due to various more responsible mineral development. Trade-offs in the
environmental and economic causes, such as the financial industry are inevitable, hence there is a need for an objective
crisis and the occurrence of mining incidents (Israel 2010). and science-based evaluation of the mining operations.
At present, mining has one of the lowest contributions to
national economic growth, accounting for less than one Box 1. Mining Legal Framework
percent of the country’s GDP (PSA 2021). 1987 Philippine Constitution
As the country grapples with the economic downturn brought Article XII Section 2. The exploration, development, and utilization of natural
resources shall be under the full control and supervision of the State.
about by the COVID-19 pandemic, revitalizing the mining
sector is seen as an opportunity to expand the economy Article X Section 7. Local governments shall be entitled to an equitable
share in the proceeds of the utilization and development of the national
and bolster revenue sources, as depicted in the issuance of
wealth within their respective areas, in the manner provided by law,
Executive Order (EO) No. 130, s. 2021.1 Mining can become including sharing the same with the inhabitants by way of direct benefits.
a real catalyst of sustainable and inclusive development when
Environmental Impact Statement System (Presidential Decree 1586).
the stakeholders collaborate by establishing and implementing Establishing an Environmental Impact Statement System, including other
appropriate actions and reforms in the sector. environmental management-related measures and other purposes.
Local Government Code of 1991 (Republic Act No. 7160) Section 2. Local
I. State of the Philippine Mining Industry governments units shall be given more powers, authority, responsibilities,
and resources.
The Philippines is a highly mineralized country. About
The Philippine Mining Act of 1995 (RA 7942). All mineral resources in public
30 percent (9 million hectares) of its total land area has
and private lands within the territory and exclusive economic zone of the
high mineral potential and only 2.42 percent of the highly
Republic of the Philippines are owned by the State. It shall be the responsibility
mineralized zones are under mining development (MGB, of the State to promote their rational exploration, development, utilization, and
2020). Globally, the Philippines ranks 3rd in gold, 4th in conservation through the combined efforts of government and the private
copper, 5th in nickel, and 6th in chromite deposits. sector in order to enhance national growth in a way that effectively safeguards
the environment and protect the rights of affected communities.
While the mining and quarrying sector only accounts
The Indigenous Peoples’ Rights Act of 1997 (R A 8371). An act to
for one percent of the country’s GDP (average from recognize, protect and promote the rights of indigenous cultural communities/
2000-2020), it appears to be more significant in regional indigenous peoples, creating a National Commission on Indigenous Peoples,
economic growth at 2.42 percent. Among all regions, the establishing implementing mechanisms, appropriating funds therefore, and for
highest share to mining and quarrying was recorded in other purposes.
Region IV-B MIMAROPA (27.9%), followed by Cordillera EO 79, s. 2012. Institutionalizing and implementing reforms in the Philippine
Administrative Region (15.4%) (PSA 2020). mining sector providing policies and guidelines to ensure environmental
protection and responsible mining in the utilization of mineral resources.
The full potential of the mineral sector has yet to be realized
EO 130, s.2021. Amending Section 4 of EO 79, s. 2012, institutionalizing and
as the Philippine mining industry, particularly surface mining, implementing reforms in the Philippine mining sector, providing policies and
continues to be mired in issues and challenges. The extractive guidelines to ensure environmental protection and responsible mining in the
nature of surface mining brings forth crosscutting impacts utilization of mineral resources.
on people and the environment. Legal and institutional
frameworks (See Box 1) have been set as safeguards against The MICC has already completed two phases of the “Objective,
these negative impacts but substantial gaps remain. Fact-Finding, and Science-Based Review of the Performance
The 2016 Department of Environment and Natural Resources of Mining Operations” or the MICC Mining Review. The
(DENR) mine audit revealed violations committed by 30 first phase, which was conducted in 2018, covered mining
out of 41 existing mines. This issue prompted the Mining operations that failed the 2016 DENR mining audit. The

1
Amending Section 4 of Executive Order No. 79, s. 2012, 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 Resources.
2 Section 3. Review of the Performance of Existing Mining Operations and Cleansing of Non-Moving Mining Rights Holders. To ensure compliance with
environmental standards, laws, rules, and regulations, and to rationalize the management and utilization of minerals toward sustainable development, a
multi-stakeholder team led by the DENR shall conduct a review of the performance of existing mining operations.

MICC Policy Note | 1

 second phase, carried out in 2020, included those that passed This policy note briefly examines the performance of the
the same audit. Covering five key aspects (See Box 2), Philippine mining sector based on the key findings from the
the Review aimed to (a) identify gaps and issues that limit Mining Review and further recommends directions towards
mining from contributing effectively to national and regional sustainability and inclusive development that will benefit the
development; and (b) recommend interventions and policy community even after the life of mine.
measures that will ensure a more responsible mining sector.
The Review looked into the guidelines and parameters outlined Key Findings of the Mining Review
in the specific mining contract and other pertinent laws, taking
Sustainability pentagons were used to reflect the overall
into account the valid exercise of the State’s police power to
assessment of the performance of these mining operations
serve the common good, especially the poor.
based on sustainability parameters identified for each of the five
Box 2. Key Aspects Evaluated in the Mining Review key aspects (i.e., legal, technical, environmental, social, and
Legal – Compliance with mining laws, rules and regulations, and other economic). These show the areas where the company is exhibiting
applicable laws; adequacy of the previous quarry permits, licenses, and an exemplary performance worth emulating and identify the
contracts issued
Technical – Appropriateness, adequacy, and efficiency of mining methods
gaps wherein the company fell short in undertaking sustainable
and technology employed, compared with international industry standards mining practices that are technically feasible, environmentally
Environmental – Assessment of environmental practices compliant, socially acceptable, and financially viable.
Social – Assessment of Social Development and Management Program
(SDMP) implementation The companies’ performance was evaluated using a rating scale
Economic – Contributions of mining to livelihood, employment, and local of 0 to 3, where 0 is not acceptable, 1 needs significant reforms, 2
revenue; cost-benefit analysis of the selected mining operations
requires minor reforms, and 3 is acceptable. As shown in Figure
The findings and recommendations discussed in this document 1, the environmental aspect is the most distorted, which implies
were based on the data available during the Review. Any develop- its need for significant improvement on management measures,
ment or actions taken by the companies following the Review while the economic aspect has the highest scores exhibiting
are not reflected in the aforesaid findings and recommendations. good practices.
Notwithstanding, the findings and recommendations from the
Figure 1. Sustainability Pentagons for Open Pit and Underground
Review have resulted in the implementation of 11 newly
Mines3 Covered in Mining Review Phases 1 and 2
devised policies (See Box 3) and the crafting of other pertinent
policies geared toward addressing some of the identified
issues and enhancing the performance of the mining industry.

Box 3. Policies Formulated on the Basis of MICC Mining Review Results

for Phase 1 and 2
Issuance Description
Phase 1
1. Memorandum Circular Guidance for Compliance Monitoring and
(MC) No. 2018-02 Rating/Scorecard of Mining Permits/Contracts
2. DENR Administrative
E Establishing a Centralized Management and
Order (DAO) No. Coordinative Mechanism at the Regional Offices of the
2018-18 DENR, MGB and Environmental Management Bureau,
and Designating the DENR Regional Director as the
Regional Executive Director Providing Overall
Command of Regional Operations
30.33 3. DAO No. 2018-19 Guidelines for Additional Environmental Measures for
Operating Surface Metallic Mines
4. DAO No. 2018-20 Providing for a New Guidelines in the Evaluation and
Approval of the Three-Year Development/Utilization
Work Program
5. DAO No. 2019-19 Guidelines on the Disposition of Residual Stockpiles
Sourced From Small-Scale Mining Operation Pursuant
to Presidential Decree No. 1899 and Temporary Small-
Scale Mining Contracts Under Department of
Environment and Natural Resources Administrative
Order No. 2012-07, the IRR of EO 79, s. 2012
6. MGB MO No. 2020-001
nO Guidelines for Care and Maintenance Program for
Mining Projects
7. MGB MC No. 2020-008 Revised Guidelines on Offshore Mining
8. MGB MC No. 2020-010 Harmonizing the Mining Production Capacity Threshold
or Limit of a Mining Permit/Contract and the Pertinent
Environmental Compliance Certificate
Phase 2
1. DAO No. 2021-11 Guidelines in the Processing and Issuance of Permits
for the Cutting, Removal, and Relocation of Naturally-
Growing Trees
2. MGB MC No. 2021-006 Safety Health, Environment, and Social Development
and Management (SHES) Manual
3. DAO No. 2021-25 Implementing Rules and Regulations of EO 130, s.
2021 entitled: Amending Section 4 of EO 79, s. 2012,
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 Resources
Source: MICC Mining Review Reports

3 Open pit and underground mining are the two main types of mining methods employed by large-scale metallic mines in the Philippines. Among the mines

covered in the review are 34 open pit (i.e., nickel, chromite, and magnetite) and 11 underground (i.e., gold, copper, and silver) mines.

2 | MICC Policy Note

A. Legal Aspect: Going Beyond Checklist Compliance However, the Philippine government only requires compliance
with ISO 14001 Environmental Management Systems as specified
Rules, laws, and regulations bind mining operations, particularly
in DAO 2015-07. While most companies reviewed are at par with
in managing tenement areas; upholding environmental, health, and
international standards of operation, there remain two companies
safety standards; and promoting social development in host and
that are non-ISO compliant and in need of improvement.
neighboring communities. However, ensuring the effectiveness
of these policies hinges on the enforcement, monitoring, and The Review also found that six companies performed poorly in
assessment of compliance of mining companies. This entails going ensuring occupational safety and health, leading to a higher
beyond mere legal checklist review towards assessing the actual frequency of accidents, deaths, and loss/damage, among others.
compliance of mining operations with the specific provisions of The factors attributed to this poor performance include (a) absence
their respective contracts. In particular, the weak enforcement of a designated safety engineer, safety and health induction/
orientation, and emergency response team; (b) insufficient warning
of laws has resulted in the failure of six companies to meet
signs at the mine site and causeway; and (c) lack of medical services
the conditions set in their respective mining contracts and
and facilities. However, it is also important to note that many of
environmental compliance certificates (i.e., implementation of
the companies that failed the Review, particularly around 50 percent
pollution abatement measures provided in the environmental
in Phase 1, were implementing Care and Maintenance Programs.
management plans). The practice wherein mining companies
operate without mandatory plans and permits (e.g., Special Tree Operational inefficiency in mining operations influenced the lack
Cutting and Earth-Balling Permit and Water Permit) has also of sufficient capitalization, resulting in poor maintenance of mining
become common. The paltry fines imposed by existing laws, rules, infrastructure, including roads and sediment transport control
and regulations on mining violations (i.e., relative to the costs measures, and poor health and safety management and practices.
of adopting mitigation measures) have been proven ineffective in Another important issue is the insufficient assays4 for companies
preventing environmental pollution. directly shipping ores for export, opening opportunities for technical
Existing bureaucratic processes coupled with gray areas in smuggling. Some of the effects on the overall mining operation and
related policies also contribute to non-compliance. For instance, government include foregone miners’ revenue from the unmeasured
the lengthy approval process and delays in the issuance of mineral contents, undeclared taxes and foregone government
revenues, and undue competitive advantage for importing countries.
mandatory plans and permits pave the way for the proliferation
of the aforementioned practice, which allows mining companies
to operate while waiting for the approval of required permits. C. Environmental Trade-offs
Gray areas in existing policies also leave the mining operators Most trade-offs in mining occur between the economic and
susceptible to potential rent-seeking practices. For example, there environmental impacts; hence, most issues would arise from the
is tenement overlap with watersheds and other reservations, which ecological aspect of the Mining Review. Incomplete environmental
is true for mines that have been operating prior to the establishment management planning and non-adherence to their conditionalities
of the reservations and may have gotten mineral patents over constitute many of the violations of mining companies.
portions of such areas. Despite the clear guidelines and principles from the DENR Mines
Also critical in the effective monitoring and assessment of and Geosciences Bureau (MGB), some Final Mine Rehabilitation
compliance of mining operations are the regular monitoring of and Decommissioning Plans (FMRDP) examined have vague or
submission and the proper documentation and management of unclear goals and targets that could confuse assessments for the
mining-related reports, including those on the Environmental final relinquishment. For instance, such FMRDPs identified soil
Protection and Enhancement Programs, Safety and Health Programs, erosion control as a measure but failed to identify the target soil
and Social Development and Management Programs (SDMP). erosion rate during mine closure. Moreover, the areas where the
baseline information is collected for environmental impact assess-
B. Technical Efficiency and Financial Stability ment (EIA) reporting are often disturbed. This situation may lead
to improper selection of species to be used for rehabilitation, which
Mining is efficient when, among other things, it is technically can be detrimental to the environment. In this case, the FMR/DPs
sound, cost-efficient, and compliant with global standards. It entails that will be developed should aim for a reference landscape,
having sufficient capital to adapt and adjust to financial and which could provide ecosystem goods and services needed by
market risks, adequate infrastructure, a safe working environment, mine-affected communities as the target for rehabilitation.
and competent management. However, many mining operations in
The nonstrategic placement and inappropriate specifications of
the country remain challenged by various issues.
sediment control facilities contribute to increased siltation in
The first issue is compliance with international standards. Several waterways. The colossal difference in the proportion of ‘idle’ and
management systems standards are applicable and recommended productive lands in mining tenements is also seen to limit the
for mining operations (e.g., ISO 9001, ISO 50001, ISO 2015). potential productivity of the land.

4 An assay is a set of processes that helps determine the proportions of precious metals in orders and other metallurgy substances such as silver or gold, which
could also serve as a point of valuation of minerals for the imposition of taxes and royalties by the government.

MICC Policy Note | 3

Five of the mines reviewed also did not properly handle toxic Figure 2. Impacts on Poverty Reduction: Poverty Incidence of
and hazardous wastes and segregate solid wastes. Thirteen mines Host Municipalities, Provinces, and Regions
also failed to properly monitor air and water quality parameters
Aroroy Municipality (Filminera-MGP)
based on existing guidelines. 70
Bunawan Municipality (Philsaga)
Itogon Municipality (Philex)

Despite the increasing threat of climate change, mining plans 60

Mabini Municipality (Apex)
Maco Municipality (Apex)
still lack in mitigation and adaptation efforts. Consequently, Mainit Municipality (GRC)

mining infrastructure needs to be climate-proofed. 50

T’Boli Municipality (Tribal Mining)
Toledo City (Carmen Copper)
Tuba Municipality (Philex)

D. Social and Economic Impacts 40

Tubod Municipality (GRC)
Quezon Municipality (FCF)
Agusan del Sur (Philsaga)
The social acceptability of mining is another critical issue that Cebu (Carmen Copper)
30
affects mining activities. Ultimately, social acceptability depends Davao de Oro (Apex)
Masbate (Filminera-MGP)
on the magnitude of the perceived net benefits derived by the South Cotabato (Tribal Mining)
20
community from mining activities and the level of access each Surigao del Norte (GRC)
CAR
member of the community has to these benefits. Cagayan Valley (Region II)
10 Bicol Region (Region V)

Based on the Review, issues arise when (a) equity distribution Central Visayas (Region VII)
Davao Region (Region XI)
is not achieved; (b) there is a lack of transparency in the 0
2006 2009 2012 2015 2018
Soccsksargen (Region XII)
Caraga Region (Region XIII)
implementation of social development programs/activities; and Year
Philippines

(c) effective communication channels have not been established

among the mining company, the government, and the host
mining communities. 80 Bataraza Municipality (RTNMC)

Cagdianao Municipality (CMC)

In some areas, particularly involving Indigenous Peoples (IPs), 70
Claver Municipality (Taganito,
issues concerning the improper management and inequitable Platinum Group Metals)
Guiuan Municipality (TechIron)
distribution of IP royalties have resulted in conflicts within 60
Jabonga Municipality (AMVI)
or between concerned Indigenous Cultural Communities. A Loreto Municipality (Rapid
50 City/Casiguran)
tendency for communities to be overly dependent on the SDMP Tubay Municipality (AMVI, SR
Metals)
was also observed, with some communities expressing concern Santiago Municipality (AMVI)
40
over sustaining the development gains once mining companies Surigao City (PNPI)
Agusan del Norte (AMVI,SR
cease their operations. 30
Metal)
Dinagat Islands

Despite the relatively minimal contribution to the national economy Palawan

20 Surigao del Norte (Taganito,
in terms of gross value added and host local government units’ PNPI)

minuscule share to the total tax payments made by companies 10

MIMAROPA (Region IV-B)

Caraga Region (Region XIII)

(i.e., 5.82% and 3.05% for metallic and non-metallic mining
Philippines
companies, respectively) (Espinosa and Chan 2018), mining still 0
2003 2006 2009 2012 2015 2018
has the potential to spur local economic growth by providing Year
livelihood opportunities to the local community through business
Source: MICC Mining Review Reports
and employment. In fact, the reduction in poverty incidence has
been generally observed in areas hosting mining activities, except
for some areas where mining activities are still relatively new II. Conclusion and Policy Recommendations
(Figure 2). Also, poverty level in two mine sites are still higher The MICC Mining Review identified many shortfalls in
than the national average. The Review also found that the majority mining policies and operations in the country. Still, it also
of the households in mining barangays have relatively higher presented several opportunities to scale up good practices to
incomes than households in neighboring non-mining barangays. improve the industry’s contribution to sustainability. This
However, some SDMP projects have short-lived impacts policy note provides key policy recommendations based on
and could end following the cessation of mining activities. the results and findings of the Mining Review. However, these
Therefore, the challenge lies in finding the appropriate measures recommendations and conclusions do not necessarily apply to
to sustain the economic gains from mining activities beyond all mining operations reviewed, as some have already exhibited
the mine’s life. good practices.

4 | MICC Policy Note

a. Streamline compliance monitoring and enforcement of provision of incentives. Guidelines should also be developed
regulatory policies. Legal compliance must not be limited to establish design criteria for infrastructure facilities and
to checking the availability of required documents, but efforts services and to monitor occupational safety.
must be made to ascertain conformity. The gaps that restrict
the timely submission, processing, and issuance of pertinent d. Review the environmental impact statement system to
documents must also be identified and addressed accordingly. encourage greater accountability. The EIA process should
Streamlining compliance monitoring and enforcement be updated and the institutional requirements should be
entails harmonizing overlapping requirements and establishing evaluated to ensure that recommendations are fulfilled.
a joint system for monitoring mining operations’ efficiency, Moreover, a policy may be crafted towards ensuring the
compliance, and environmental and socioeconomic impact. incorporation and implementation of climate change
In relation to this, the government must also improve its adaptation and mitigation measures in mining plans.
policy enforcement by ensuring that mining companies are
only allowed to operate once they have successfully obtained e. Redesign framework for social development programs
the necessary permits; satisfied the conditions provided and payment and management of IP royalties. Existing
in their respective mining contracts and Environmental frameworks for developing and implementing the SDMP
Compliance Certificates; and when requirements, such as need to be evaluated and redesigned to further promote
Feasibility Studies and Declaration of Mining Project community ownership and inclusive development and to
Feasibility have been thoroughly reviewed and approved. improve the contribution of mining towards social and
Further, vertical coordination and provision of support economic development. This can be achieved by strengthening
between the national and local governments must be the implementation of a bottom-up participatory approach
strengthened to facilitate regulatory compliance. to planning and the guidelines for the mandatory hiring of
community organizers to help develop and implement plans
b. Revisit the mining law to address overlapping and and programs. Actively promoting investments to enhance
outdated provisions. RA 7942 should be reviewed to address human, social, and natural capital will also help. The
overlapping policies, particularly concerning land governance. treatment of funds allocated for the implementation of
There is also a need to update existing fees, fines, and penalties. SDMP and other related plans as private funds may also
The fees must be determined based on a technically sound have to be revisited to ensure transparency and accountability
study that considers the value of negative externalities arising in the management and use of these funds. SDMP should
from mining activities. The passage of a legislative measure undergo periodic social impact monitoring to ensure
further rationalizing existing mining revenue sharing schemes adaptive management.
and mechanisms is also deemed critical in ensuring a more
efficient and equitable tax system for the industry—one that The procedures in paying out the royalties from mining
takes into account royalties, windfall profits, retraction of operations must also be rethought and the guidelines for its
counterproductive fiscal incentives, safeguards against thin use must be clearly communicated to the recipients to avoid
capitalization and ring-fencing, and mechanisms that allow misinterpretation and conflicts.
host communities/local governments to benefit more from
f. Continue the conduct of regular multistakeholder and
mining activities.
interdisciplinary review of mining operations. The
c. Promote and sustain technical and technological conduct of the comprehensive review on mining operations
efficiencies in mining. Technological innovations and can adequately identify the needs and provide appropriate
mechanisms to ensure efficiency in production and operations interventions to address issues, as demonstrated by the
and effective environmental management practices can be Phase 1 of the Review, which influenced the development
determined through collaborative efforts from respective and adoption of recent policy issuances on mining (See Box
government agencies, mining companies, the private sector, 3). In view of these benefits, it is recommended that the
and the academe. For instance, capitalization requirements review framework adopted by the MICC be institutionalized
may be revised to strengthen the transparency of ownership into the DENR’s monitoring and mine auditing processes.
and to properly account for market instability. Moreover, best Periodic full impact analysis that accounts for all benefits
practices should be promoted and scaled up across stakeholders and costs of mining, their incidence, and mechanisms for
through recognition, program development and adoption, and compensation or penalties should complement the Review.

MICC Policy Note | 5

 References
Espinosa, Maria Karla L. and Linnet Madalane C. Chan. 2018. Synergizing Transparency for Sustainability:
The Sixth PH-EITI Report (FY 2018). Retrieved from:
https://eiti.org/files/documents/updated_6th_pheiti_report_main_-_final.pdf
Israel, Danilo C. 2010. National Industrialization in Philippine Mining: Review and
Suggestions. Retrieved from
https://dirp3.pids.gov.ph/webportal/CDN/PUBLICATIONS/pidsdps1035_rev.pdf
Mines and Geosciences Bureau (MGB). 2020. Minerals Industry at a Glance. Retrieved from
https://mgb.gov.ph/images/Mineral_Statistics/mining_facts_and_figures_updated_22_June_2020_final.pdf

Official Gazette. 2012a. Executive Order No. 79, s. 2012: 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 Resources. Section 3. Review of the Performance of
Existing Mining Operations and Cleansing of Non-Moving Mining Rights Holders.
Retrieved from
https://www.officialgazette.gov.ph/downloads/2012/07jul/20120706-EO-0079-BSA.pdf
Official Gazette. 2012b. Executive Order No. 130, s. 2021: Amending Section 4 of
EO 79, s. 2012, 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
Resources. Retrieved from
https://www.officialgazette.gov.ph/downloads/2021/04apr/20210414-EO-130-RRD.pdf
Philippine Statistics Authority (PSA). 2021. Quarterly National Accounts Linked Series (Q1
2000 to Q2 2021) at Current and Constant 2018 Prices, as of August 10, 2021.
Retrieved from https://psa.gov.ph/national-accounts/base-2018/data-series
--------- 2020. Gross Value Added in Mining and Quarrying, by
Region. Retrieved from https://psa.gov.ph/grdp/tables

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6 | MICC Policy Note