PERSONS WITH DISABILITIES

ISSUES

communicate. The fact is reverse. Any one and every

one communicates in a day-to-day living. But, the
society that claims to be communicative or
communicable doesnt bother to receive or
understand what the disabled person is
communicating.

Accessibility
The barriers in the society can be mainly classified
into two: the environmental & attitudinal barriers.
The major environmental barriers are of two types:
Architectural and Communication.
Architectural barriers
Architectural barriers in buildings include lack of
Ramps, Railings, Signage, Braille Print, Adequate
Spacing, Slip Resistant Flooring, Accessible Toilets
and Chairs, Switches, Shelves, Wash Basins, Taps &
Telephone at an accessible height. This kind of
infrastructure help disabled people to be at ease and
do their routines with minimum or no support. Apart
from becoming self-reliant, such an internal
atmosphere boosts their self-confidence and avoids
unnecessary delay.
In Public places also, there is a need for Ramps &
Hand Rails, Kerb Ramps in Pavements; Seats, Taps,
Telephone Booths, Wash Basins at an accessible
height, Braille Print, Road Signals with adequate
timing, Audio Visual Announcements and usage of
bright colors, Space For Wheel Chair Users,
Accessible Parking Space, Sign Language, Slip
Resistant Grab Bars & Flooring, Modified Play Area
/ Equipments and Rules. After all it is the right of
Disabled people to be included in all walks of life
and is not possible without an accessible / barrier
free environment
Communication barriers
Communication is another area where there is not
enough focus paid upon. People having
communication barriers are the ones who face lot of
hardships
in
socialization.
At
present,
Communication is bound within language and
speech. In reality, much more communication can
happen in silence. There is an inappropriate school
of thought stating that people with communication
disabilities cannot communicate or dont know to

Major communication barriers in the society include

lack of Readers, Braille Material / Manuals /
Magazines / Government Orders/ Gazette / News
Papers and Scribe Facility for people with Visual
Impairment, lack of Sign Language & Sign
Language Interpreters for People with Hearing
Impairment, lack of Communication Aids and
technical devices for people with severe disabilities
and a lack of importance to research on Alternative
& Augmentative Communication, which hinders a
huge amount of human resource in contributing
towards the development of the country. Apart from
these, there is an immense need for disabled friendly
curriculum and examination system, which involve a
variety of options and adaptations.
Education
-It is a well known fact that enrollment in
mainstream school alone is not the answer. It is
important for the education system to respond to the
needs of disabled people. Even the integrated
education system is catering only to mildly disabled
people.
Least priority has been given to the education of
disabled children, due to the following reasons:
(1) The attitude of the parents, family members
and the community is that, there is no use of a
disabled child being educated and it is a wastage of
time, money and other resources, as they think that a
disabled child / adult is not productive in any way.
(2) When there are other siblings for a disabled
child, the disabled child gets the least priority in
education compared to his/her siblings, either due
to poverty of parents or the attitudinal barriers in
the society.
(3) The prevalence of architectural and
environmental barriers such as inaccessible built
environment, school buildings, roads, transport

and so on. Many times parents will have to carry

their disabled child due to the architectural and
environmental barriers. They cannot use public
transport and private transport is too expensive for
them. Thus as the child grows older their
environment is restricted to their home.
(4) The education system is also inaccessible for
many disabled students, as the teaching methods,
learning aids, the curriculum itself and the
evaluation system is not disabled friendly. (Braille
books and materials, readers for students with visual
impairment, sign language interpretation and
teaching are not available in most schools).
Augmentative and Alternative Communication
Techniques are confined only to few special schools.
Employment
Persons with disabilities often face lack of work
opportunities or low wages compared to nondisabled persons. In the world of employment,
discrimination against persons with disabilities
happen. Often, they are the last to be hired but the
first to be fired.
ILO estimates that people with disabilities represent
10 per cent of the worlds population, or some 650
million people worldwide. Approximately 470
million are of working age. In a forum on the Right
to Work of Persons with Disabilities held in line
with the International Day of Persons with
Disabilities, the ILO Manila highlighted the need for
decent work and equal opportunity. ILO hopes that
more people understand disability issues and make
efforts to realize a community where people with
disabilities can fully and equally enjoy human rights.
Women and men with disabilities can be and are
productive members of society.
LAWS
Anti-Bullying Act. Republic Act Number 10627,
dated 05 June 2013. Bullying shall refer to any
severe or repeated use by one or more students of a
written, verbal or electronic expression, or a physical
act or gesture, or any combination thereof, directed
at another student that has the effect of actually
causing or placing the latter in reasonable fear of
physical or emotional harm or damage to his
property; creating a hostile environment at school

for the other student; infringing on the rights of the

other student at school; or materially and
substantially disrupting the education process or the
orderly
operation
of
a
school
Equal Opportunity Employment. Republic Act
Number 10524, dated 23 July 2012. At least one
percent (1%) of all positions in all government
agencies, offices or corporations shall be reserved
for persons with disability: Provided, That private
corporations with more than one hundred (100)
employees are encouraged to reserve at least one
percent (1%) of all positions for persons with
disability.
Accessible Polling Places Exclusively for Persons
with Disabilities and Senior Citizens. Republic Act
Number 10336, dated 23 July 2012. The State shall
ensure that persons with disabilities and senior
citizens are able to exercise their right to political
participation without discrimination or restrictions.
Towards this end, the State shall design systems and
procedures that will enable persons with disabilities
and senior citizens to register and vote by
themselves."
Comelec Resolution 9763, dated 30 August 2013.
This contains the implementing rules and regulations
around RA 10336.
Implementation of Programs and Services for
Persons with Disabilities in every province, city
and municipality. Republic Act Number 10070,
dated 27 July 2009. PDAO shall be created in every
province, city and municipality. The local chief
executive shall appoint a PWD affairs officer who
shall manage and oversee the operations of the
office, pursuant to its mandate under this Act."
Magna Carta for Persons with Disabilities.
Republic Act Number 7277, dated 24 March 1992.
This law provides for the rehabilitiation, selfdevelopment and self-reliance of disabled persons
and their integration into the mainstream of society
and
for
other
purposes.
rights and privileges of disabled persons:

equal opportunity for employment

access to quality education

National Health Program

Auxiliary Social Services

Telecommunications

Accessibility ( barrier-free environment)

Political and civil rights

passed and still have to go through the legislative

mill.

SENIOR CITIZENS
ISSUES
Security in Old Age
One of the issues is the security in old age. security
in old age. Poverty is perceived as an obstacle to a
secured old age. As such, the current pension system
in the Philippines requires careful consideration and
evaluation. The government offers welfare services
such as homes for the aged and Senior Citizens
Centers to better address the plight of the Filipino
elderly. However, the effectiveness of such welfare
services can only be confirmed by the level of
satisfaction of their intended beneficiaries.

Economic Impact of Ageing on Overall Welfare.

A fourth issue impact of ageing on overall
welfare. Given their increasing number, the elderly
pose a great economic challenge as their
productivity declines. The age of the elderly, as a
hindrance to their capacity to work, impedes their
contribution to the labor force of the country. There
is thus, a need for a strong commitment and a
comprehensive policy that would respond to the
various needs of the elderly.
LAWS
R.A 9994- The Expanded Senior Citizens Act

Abuses towards Elderly Persons

Another critical issue is the occurrence of abuse
committed occurrence of abuse committed against
the elderly in homes and in institutions. To make
matters worse, many cases of elderly abuse in the
Philippines are either not properly reported or not
reported at all to the authorities. Abuse of the elderly
may be in the form of physical violence,
psychological abuse, financial exploitation and
neglect.
Health
The third issue is the health status of the elderly. As
people age, their bodies undergo changes which can
make them less resistant to chronic, debilitating and
disabling conditions. Consequently, the elderly tend
to be more at high risk of developing disabilities and
contracting diseases. With the growing awareness
for elderly concerns and needs, there is a greater
demand for appropriate policies and legislative
policies and legislative policies and legislative
initiatives to promote the welfare of the elderly. As a
response, several bills on the elderly in both houses
of the 11th Congress of the Philippines were already

Senior citizens are granted several benefits and

privileges under Republic Act No. 9994 and
Republic Act No. 10645. In order to avail of these
benefits, the senior citizen or his/her authorized
representative shall present a valid and original
Senior Citizens Identification Card. The following
benefits shall be received by the senior citizens:
TWENTY PERCENT (20%) DISCOUNT AND VAT
EXEMPTION
Medical-related privileges
Domestic transportation privileges
Hotels, restaurants, recreational centers, and places
of leisure, and funeral services
Recreations centers
Admission fees privilege
Funeral and burial services
OTHER PRIVILEGES
Income tax exemption
Exemption from training fees
Free medical and dental services in government
facilities
Free vaccinations for indigent senior citizens
Educational privileges
Benefits and privileges for retirees

Privileges on granting special discounts in special

programs
Express lanes privileges

e) Conduct continuing research and development

program for the necessary and relevant education of
the senior citizens.

Employment
Health
Senior citizens, who have the capacity and desire to
work, or to be re-employed, shall be provided by the
DOLE, in coordination with other government
agencies including local government units, with
information and matching services to enable them to
be productive members of society. Terms of
employment shall conform to the provisions of the
Labor Code, as amended, Civil Service Laws and
other laws, rules and regulations.
The DOLE, in coordination with other government
agencies, such as, but not limited to, the DOSTTechnology Resource Center (DOST-TRC) and the
DTI, shall assess, design and implement training
programs that will provide free of charge to senior
citizens the appropriate skills development,
livelihood training programs, and welfare or
livelihood support.
Education
The Department of Education (DepEd), the DOSTTRC, the Technical Education and Skills
Development Authority (TESDA), and the
Commission on Higher Education (CHED), in
consultation with non-governmental organizations
(NGOs) and peoples organizations (POs) for senior
citizens, shall institute a program that will ensure
access of senior citizens to formal and non-formal
education. They are to:
a) Formulate and implement relevant and effective
course designs and educational programs;
b) Conduct the necessary training for the
implementation of the appropriate curriculum for the
purpose;
c) Ensure the availability of the needed educational
facilities in the form of modular programs and other
distance and alternative learning materials;
d) In coordination with OSCA and the City or
Municipal Social Welfare and Development Officer,
shall conduct assessment and profiling of senior
citizens who wanted to study; and

1. The DOH, in coordination with local government

units (LGUs), NGOs and POs for senior citizens,
shall institute a national health program that shall
incorporate the National Prevention of Blindness
Program, and shall also provide an integrated health
service for senior citizens.
2. The National Health Program aims to promote
healthy and productive older population through the
following:
Establishment and provision of a comprehensive and
integrated health service package catering to the
specific needs of the senior citizens;
Human resource development/capability building of
health personnel in relation to the care and health
problems of senior citizens;
Health promotion;
The barangay, in coordination with local health
office shall designate one day of every month
specifically for medical attention of senior citizens;
Establishment of senior citizens ward in every
government hospital and in all levels of hospitals
throughout the country; and
Provision of accessible express lanes, or
prioritization, in all health facilities.
3. Provide technical assistance in coordination with
DSWD, NGOs and other concerned agencies to local
government units in the establishment of community
based health rehabilitation programs.
Housing
The national government shall include in its national
shelter program the special housing needs of senior
citizens, such as establishment of housing units for
the elderly.
The Housing and Land Use Regulatory Board
(HLURB) shall formulate housing rules on how to
develop subdivision suitable to the requirements of

male and female senior citizens. The Home

Development Mutual Fund (HDMF) shall promote
the establishment of elderly residence and shall
review its existing circulars particularly the
limitation of the age requirements of sixty-five (65)
years old at the date of the loan application and
seventy (70) years old at loan maturity. It shall also
consider the concept of pension in lieu of
compensation.
The housing program for the poor senior citizens
which include the establishment/donation of
group/foster homes for the neglected, abused and
unattached or homeless senior citizens and those
incapable of self-care including its management,
maintenance and operations shall be established in
accordance with EO 105, approving and directing
the implementation of the program, Provision of
Group/Foster Home for Neglected, Abandoned,
Abused, Unattached and Poor Older Persons and
Persons with Disabilities promulgated on May 16,
2002.
WOMEN

multiple burdens and lack of political education and

support from political parties. To address these
concerns and make womens presence in the field of
governance more apparent and cognizable, several
measures need to be implemented. These measures
include leadership and capability development
programs for women, advocacy for shared
responsibility in the home, and the full
implementation of the temporary special measures
of the MCW, as well as of other related laws and
policies. It is deemed that through these
undertakings, parity between males and females in
political participation and representation shall be
achieved.
Violence Against Women
Violence against women (VAW) appears as one of
the countrys pervasive social problems. According
to the 2008 National Demographic and Health
Survey conducted by the National Statistics Office,
one in five Filipino women age 15-49 has
experienced physical violence since age 15. It is
indeed alarming that despite efforts to address the
concern, VAW persists.

ISSUES
Economic challenge
Although
the
International
Labor
Organization reported that more jobs have been
created for Filipino women than men in 2013, the
employment rate of women still stands at 46.7%,
significantly lower than men at 72.9%.
At present, women still faced certain disadvantages
in terms of benefits, wages, and underemployment.
Hiring statistics also show that gender stereotyping
might still exist in certain industries. Some
employers feel that there are jobs which are better
suited for women than for men, or vice versa, even
though listed qualifications do not always indicate
gender.

Variously referred to as sexual violence, gender

violence or violence against women, this age-old
issue and reality has gained urgency only recently
because of the significant work of women advocates
and survivors in naming the problem. It includes
domestic violence, rape, trafficking in women and
girls, forced prostitution, and violence in armed
conflict, such as murder, systematic rape, sexual
slavery and forced pregnancy. It also includes honor
killings, dowry-related violence, female infanticide
and prenatal sex selection in favor of male babies,
female genital mutilation, and other harmful
practices and traditions. These forms show that
violence against women may be viewed in a
continuum occurring at various life cycle stages of
a womans life.
LAWS

Women and Politics

Women are faced with numerous obstacles to
partake a bigger role in politics and decision making.
These obstacles include gender stereotyping,

R.A 9262- Anti-Violence Against Women and their

Children Act

I. PURPOSE (Sec. 2)
It is hereby declared that the State values the dignity
of women and children and guarantees full respect
for human rights
To protect the family and its members particularly
women and children, from violence and threats to
their personal safety and security
II. DEFINITION OF TERMS (Sec. 3)
VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN any act or a series of acts committed
by any person against a woman who is his wife,
former wife, or against a woman with whom the
person has or had a sexual or dating relationship, or
with whom he has a common child, or against her
child whether legitimate or illegitimate, within or
without the family abode, which result in or is likely
to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of
such acts, battery, assault, coercion, harassment or
arbitrary deprivation of liberty. It includes, but is not
limited to, the following acts:
PHYSICAL VIOLENCE acts that include bodily
or physical harm
SEXUAL VIOLENCE an act which is sexual in
nature, committed against a woman or her child,
including but not limited to:
rape, sexual harassment, acts of lasciviousness,
treating a woman or her child as a sex object,
making demeaning and sexually suggestive remarks,
physically attacking the sexual parts of the victim's
body, forcing her/him to watch obscene publications
and indecent shows or forcing the woman or her
child to do indecent acts and/or make films thereof,
forcing the wife and mistress/lover to live in the
conjugal home or sleep together in the same room
with the abuser;
acts causing or attempting to cause the victim to
engage in any sexual activity by force, threat of
force, physical or other harm or threat of physical or
other harm or coercion;
Prostituting the woman or child.

PSYCHOLOGICAL VIOLENCE - acts or omissions

causing or likely to cause mental or emotional
suffering of the victim such as but not limited to
intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated
verbal abuse and mental infidelity. It includes
causing or allowing the victim to witness the
physical, sexual or psychological abuse of a member
of the family to which the victim belongs, or to
witness pornography in any form or to witness
abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation
of common children
ECONOMIC ABUSE - acts that make or attempt to
make a woman financially dependent which
includes, but is not limited to the following:
withdrawal of financial support or preventing the
victim from engaging in any legitimate profession,
occupation, business or activity, except in cases
wherein the other spouse/partner objects on valid,
serious and moral grounds as defined in Article 73 of
the Family Code;
deprivation or threat of deprivation of financial
resources and the right to the use and enjoyment of
the conjugal, community or property owned in
common;
destroying household property;
controlling the victims' own money or properties or
solely controlling the conjugal money or properties.
BATTERY - an act of inflicting physical harm upon
the woman or her child resulting to the physical and
psychological or emotional distress.
BATTERED WOMAN SYNDROME - scientifically
defined pattern of psychological and behavioral
symptoms found in women living in battering
relationships as a result of cumulative abuse.
STALKING - an intentional act committed by a
person who, knowingly and without lawful
justification follows the woman or her child or
places the woman or her child under surveillance
directly or indirectly or a combination thereof.
DATING RELATIONSHIP - a situation wherein the
parties live as husband and wife without the benefit
of marriage or are romantically involved over time

and on a continuing basis during the course of the

relationship. A casual acquaintance or ordinary
socialization between two individuals in a business
or social context is not adating relationship.

SEXUAL RELATIONS - a single sexual act which

may or may not result in the bearing of a common
child

III. ACTS OF VIOLENCE AGAINST WOMEN

AND THEIR CHILDREN (Sec. 5)

The crime of violence against women and their

children is committed through any of the following
acts:

Causing physical harm to the woman or her

child;
Threatening to cause the woman or her child
physical harm;
Attempting to cause the woman or her child
physical harm;
Placing the woman or her child in fear of
imminent physical harm;
Attempting to compel or compelling the
woman or her child to engage in conduct
which the woman or her child has the right
to desist from or desist from conduct which
the woman or her child has the right to
engage in, or attempting to restrict or
restricting the woman's or her child's
freedom of movement or conduct by force
or threat of force, physical or other harm or
threat of physical or other harm, or
intimidation directed against the woman or
child. This shall include, but not limited to,
the following acts committed with the
purpose or effect of controlling or restricting
the woman's or her child's movement or
conduct:
Threatening to deprive or actually depriving
the woman or her child of custody to her/his
family;
Depriving or threatening to deprive the
woman or her children of financial support
legally due her or her family, or deliberately
providing the woman's children insufficient
financial support; (3) Depriving or
threatening to deprive the woman or her
child of a legal right;

Preventing the woman in engaging in any

legitimate profession, occupation, business
or activity or controlling the victim's own
mon4ey or properties, or solely controlling
the conjugal or common money, or
properties;
Inflicting or threatening to inflict physical
harm on oneself for the purpose of
controlling her actions or decisions;
Causing or attempting to cause the woman
or her child to engage in any sexual activity
which does not constitute rape, by force or
threat of force, physical harm, or through
intimidation directed against the woman or
her child or her/his immediate family;
Engaging in purposeful, knowing, or
reckless conduct, personally or through
another, that alarms or causes substantial
emotional or psychological distress to the
woman or her child. This shall include, but
not be limited to, the following acts:
Stalking or following the woman or her
child in public or private places;
Peering in the window or lingering outside
the residence of the woman or her child;
Entering or remaining in the dwelling or on
the property of the woman or her child
against her/his will;
Destroying the property and personal
belongings or inflicting harm to animals or
pets of the woman or her child; and
Engaging in any form of harassment or
violence;
Causing mental or emotional anguish, public
ridicule or humiliation to the woman or her
child, including, but not limited to, repeated
verbal and emotional abuse, and denial of
financial support or custody of minor
children of access to the woman's
child/children.

R.A 6725
AN
ACT
STRENGTHENING
THE
PROHIBITION
ON
DISCRIMINATION
AGAINST WOMEN WITH RESPECT TO
TERMS
AND
CONDITIONS
OF
EMPLOYMENT, AMENDING FOR THE

PURPOSE ARTICLE ONE HUNDRED THIRTYFIVE OF THE LABOR CODE, AS AMENDED.

Section 1. Article One hundred thirty-five of the
Labor Code, as amended, is hereby further amended
to read as follows:

by the Senate and the House of Representatives on

May 19, 2009 and May 20, 2009, respectively. It
was signed into law by President Gloria MacapagalArroyo on August 14, 2009.
Salient provisions

"Art. 135. Discrimination Prohibited. It shall

be unlawful for any employer to discriminate against
any woman employee with respect to terms and
conditions of employment solely on account of her
sex.
"The following are acts of discrimination:
"(a) Payment of a lesser compensation,
including wage, salary or other form of
remuneration and fringe benefits, to a female
employee as against a male employee, for work of
equal value; and
"(b) Favoring a male employee over a female
employee with respect to promotion, training
opportunities, study and scholarship grants solely on
account of their sexes.
"Criminal liability for the willful commission of
any unlawful act as provided in this article or any
violation of the rules and regulations issued pursuant
to Section 2 hereof shall be penalized as provided in
Articles 288 and 289 of this Code: Provided, That
the institution of any criminal action under this
provision shall not bar the aggrieved employee from
filing an entirely separate and distinct action for
money claims, which may include claims for
damages and other affirmative reliefs. The actions
hereby authorized shall proceed independently of
each other."
R.A 9710- Magna Carta of Women
The various existing laws and policies to empower
and protect women, and ensure equal rights and
opportunities for men and women, have been
strengthened further with the enactment of Republic
Act No. 9710, otherwise known as The Magna Carta
of Women.
The Act, which is a consolidation of Senate Bill No.
2396 and House Bill No. 4273, was finally passed

Womens rights are human rights - All rights in the

Constitution and those rights recognized under
international instruments duly signed and ratified by
the Philippines, in consonance with Philippine law,
shall be rights of women under this Act to be
enjoyed without discrimination. (Section 8)
Equal
employment
opportunities
- Within the next (5) years, there shall be an
incremental increase in the recruitment and training
of women in the police force, forensics and medicolegal, legal services, and social work services
availed of by women who are victims of genderrelated offenses until fifty percent (50%) of the
personnel thereof shall be women. (Section 9A)
- Within the next five (5) years, the number of
women in third (3rd) level positions in government
shall be incrementally increased to achieve a fiftyfifty (50-50) gender balance. (Section 10A)
All local government units shall establish
a Violence Against Womens Desk in every
barangay to ensure that violence against women
cases are fully addressed in a gender-responsive
manner. (Section 9C)
Women
in
the
military
- The State shall pursue appropriate measures to
eliminate discrimination of women in the military,
police, and other similar services, including revising
or abolishing practices that restrict women from
availing of both combat and noncombat training that
are open to men, or from taking on functions other
than administrative tasks, such as engaging in
combat, security-related, or field operations. Women
in the military shall be accorded the same
promotional privileges and opportunities as men,
including pay increases, additional remunerations,
and benefits and awards based on their competency
and quality of performance

Special leave privileges - A woman employee

having rendered continuous aggregate employment
service of at least six (6) months for the last twelve
(12) months shall be entitled to a special leave
benefit of two (2) months with full pay based on her
gross monthly compensation following surgery
caused by gynecological disorders. (Section 18)

REPUBLIC ACT NO. 7076

Peoples Small-Scale Mining Act (1991)

Overview of the Law

Republic Act No. 7076 (1991), otherwise known as
the Peoples Small-Scale Mining Act defines
small-scale mining as minimum activities which rely
heavily on manual labor using simple implements
and methods, and which do not use explosives or
heavy mining equipment. The main purpose of the
law is: (1) To effect an orderly and systematic
disposition of small-scale mining areas in the
country; (2) To regulate the small-scale mining
industry with the view to encourage their growth and
productivity; and (3) To provide technical, financial
and marketing assistance and efficient collection of
government revenues. Through this law, the harmful
effects of the classic trade-off between development
and environment could be minimized if not totally
avoided. This law was authored by Senator Aquilino
Pimentel Jr.

Undeniably the Philippines is endowed with

large deposits of minerals like gold silver, cobalt,
copper and the like. With these natural endowments,
the exploitation of minerals contributes largely to the
growth of the national economy. But these mining
operations have adverse effects on the ecological
balance. The large-scale extraction and usage of
mineral resources are inherently and essentially
polluting. They consist of the excavation and
permanent removal of the minerals from their
deposited positions, and thereafter their burning fuel
or other utilization. From the stage of exploration to
extraction, mining has consistently inflicted some
degree of damage to the environment either through
the pollution of rivers and seabeds, the acidification
of agricultural plains or the unwanted pollution it
creates. These negative environmental effects are the
externalities which arise out of the profit-oriented
decisions of mining firms. It is through the use of the
regulatory powers of the State that the private sector
is compelled to shoulder the costs of these
externalities.

With Republic Act 7076 it allows small miners

under this law to use only simple equipments like
pick and shovel in extracting gold and other precious
metals in their mining areas. In this age of modern
technology, this law is making sure that the small
mining law should benefit the small miners and not
only the big-time operators who are using the skills
and sweat of small-scale miners to accumulate a
fortune.

It is for these reasons that mining legislation

was enacted to oblige environmental protection
measures to be undertaken by mining operators. One
of this laws enacted by our esteemed legislators is
Republic Act No. 7076 (1991), Peoples SmallScale Mining Act.

Highlights

Under RA 7076, no ancestral land may be declared

as a peoples small scale mining area without the
prior consent of the cultural communities concerned.
This respects the rights of the indigenous peoples to
their ancestral lands which are fully guaranteed
under existing laws. The law defines small miners as
Filipino citizens who, individually or in tandem with
others, voluntarily form a cooperative, duly licensed
by the Department of Environment and Natural
Resources, to engage in the extraction or removal of
minerals or ore-bearing materials from the ground.

Its implementing rules lay down the powers

and functions of the Department of Environment and
Natural Resources, the Provincial/City Mining
Regulatory Board and in coordination with other
concerned government agencies. The DENR
together with the other concerned government

agencies is designed to achieve an orderly,

systematic and rational scheme for the small-scale
development and utilization of mineral resources in
certain mineral areas in order to address the social,
economic, technical, and environmental connected
with small-scale mining activities.
While the Provincial/City Mining Regulatory Board
(PCMRB) created under the direct supervision and
control of the Secretary which is the board of
PCMRB, is the implementing agency of the
Department of Environment and Natural Resources
which has the powers and function subject to review
by the Secretary.

Prohibited Acts
Awarded contracts may canceled on the following
grounds:
1. Non-Compliance with the terms and conditions
of the contract and that of existing mining laws,
rules and regulations including those pertaining to
mine safety, environmental protection and
conservation, tree cutting, mineral processing and
pollution control;
2.
Non.-compliance with the contractor's
obligations to existing mining claim holders/private
landowners as stipulated in Section 13, 17 and 18 of
this Order;
3.
Non-payment of fees, taxes, royalties or
government share in accordance with this Order and
existing mining laws;
4. Abandonment of mining site by the contractor;
and
5. Ejectment from the People's Small-scale Mining
Area of the Contractor by the government for
reasons of national interest and security.
Penalties/ Fines
When contracts are canceled for grounds from
the abovementioned, the Secretary may impose fines
of an amount not less than Twenty Thousand Pesos
(P20, 000.00) but not more than One Hundred
Thousand Pesos (P100, 000.00). Non-payment of the
fine imposed shall render the small-scale mining
contractor ineligible for other small-scale mining
contracts.

REPUBLIC ACT NO. 7942

Mining Act of 1995
The Philippine Mining Act of 1995 and its Revised
Implementing Rules and Regulations (RIRR) is
considered in the industry today as one of the most
socially and environmentally-sensitive legislations
in its class. It has specific provisions that take into
consideration:
Local government empowerment;
Respect and concern for the indigenous cultural
communities;
Equitable sharing of benefits of natural wealth;
Economic demands of present generation while
providing the necessary foundation for future
generations;
Worldwide trend towards globalization; and
Protection for and wise management of the
environment.These were the products of long
periods of assessment, evaluation, and rectification
of the sins of the past, the gapsof the old mining law,
and the realities of the present times.
Governing Principles
The Implementing Rules and Regulations (DENR
Administrative Order No.96-40) of the Philippine
Mining Act of 1995 provides strict adherence to the
principle of SUSTAINABLE DEVELOPMENT.
This strategy mandates that the needs of the present

should be met without compromising the ability of

the future generations to meet their own needs, with
the view of improving the quality of life, both now
and in the future.
The principles of SUSTAINABLE
operates under the following terms:

beneficiaries and as active participants in mineral

resources management, in consonance with the
Constitution and government policies on local
autonomy and empowerment. As such, the Mining
Act provides the following:

MINING

Mining is a temporary land use for the creation of

wealth, leading to an optimum land use in postmining stage as consequence of progressive and
engineered mine rehabilitation works done in cycle
with mining operations;
Mining activities must always be guided by current
Best Practices in environmental management
committed to reducing the impacts of mining while
efficiently
and
effectively
protecting
the
environment.
The wealth created as a result of mining accruing
to the Government and the community should lead
to other wealth-generating opportunities for people
in the communities and for other environmentresponsible endeavors.
Mining activities shall be undertaken with due and
equal regard for economic and environmental
considerations, as well as for health, safety, social
and cultural concerns.

In consonance with the Local Government Code of

1992 (LGC), LGUs have a share of forty percent
(40%) of the gross collection derived by the
National Government from mining taxes, royalties
and other such taxes, fees or charges from mining
operations in addition to the occupational fees (30%
to the Province and 70% to the Municipalities
concerned);
In consonance with the LGC and the People SmallScale Mining Act (RA 7076), the LGUs shall be
responsible for the issuance of permits for smallscale mining and quarrying operations, through the
Provincial/City Mining Regulatory
Boards (PMRBs/CMRBs);
To actively participate in the process by which the
communities shall reach an informed decision on the
social acceptability of a mining project as a
requirement for securing an Environmental
Compliance Certificate (ECC);

The granting of mining rights shall harmonize

existing activities, policies and programs of the
Government that directly or indirectly promote selfreliance, development and resource management.
Activities, policies and programs that promote
community-based,
community-oriented
and
procedural development shall be encouraged,
consistent with the principles of people
empowerment and grassroots development.

To ensure that relevant laws on public notices,

consultations and public participation are complied
with;
To participate in the monitoring of mining
activities as a member of the Multipartite
Monitoring Team, as well as in the Mine
Rehabilitation Fund Committee;
To act as mediator between the Indigenous Cultural
Communities (ICCs) and the mining contractor as
may be requested/necessary;
To be the recipients of social infrastructures and
community development projects for the utilization
and benefit of the host and neighboring
communities; and
To coordinate with and assist the DENR and the
MGB in the implementation of the Mining Act and
the IRR.

Role of Local Governments

Areas Closed to the Mining Operation

The IRR highlights the role of local government

units (LGUs) in mining projects, both as

Pursuant to the Mining Act of 1995 and in

consonance with State policies and existing laws,

Conservation of minerals is effected not only

through technological efficiencies of mining
operations but also through the recycling of mineralbased products, to effectively lengthen the usable
life of mineral commodities.

areas may either be closed to mining operations, or

conditionally opened, as follows:
Areas CLOSED to mining applications:

However, mining applications for sand and gravel

shall require no such consent;
DENR Project areas upon prior consent from the
concerned agency.

Areas covered by valid and existing mining rights

and applications;

Ancestral Lands and ICC Areas

Old growth or virgin forests, mossy forests,

national parks, provincial/municipal forests, tree
parks, greenbelts,game refuge, bird sanctuaries and
areas proclaimed as marine reserve/marine parks and
sanctuaries and areas proclaimed as marine
reserve/marine parks and tourist zones as defined by
law and identified initial components of the NIPAS,
and such areas as expressly prohibited thereunder, as
well as under DENR Administrative Order No. 25, s.
1992, and other laws;
Areas which the Secretary may exclude based, inter
alia, or proper assessment of their environmental
impacts and implications on sustainable land uses,
such as built-up areas and critical watershed with
appropriate
barangay/municipal/provincial
Sanggunian ordinances specifying therein the
location and specific boundaries of the
concerned area; and
Areas expressly prohibited by law.
The following areas may be opened for mining
operations, the approval of which are subject to the
following conditions:
Military and other government reservations, upon
prior written consent by the government agency
having jurisdiction over such areas;
Areas near or under public or private buildings,
cemeteries, and archaeological and historic sites,
bridges, highways, waterways, railroads, reservoirs,
dams and other infrastructure projects, public or
private works, including plantations or valuable
crops, upon written consent of the concerned
government agency or private entity, subject to
technical evaluation and validation by the MGB;
Areas covered by FTAA applications, which shall
be opened, for quarry resources upon written
consent of the FTAA applicants/contractors.

The Mining Act fully recognizes the rights of the

Indigenous Peoples (IPs)/Indigenous Cultural
Communities (ICCs) and respect their ancestral
lands. Thus, in accordance with DENR
Administrative Order No. 2, and consistent with the
new
Indigenous Peoples Rights Act (IPRA), the
following shall be observed:
No mineral agreements, FTAA and mining permits
shall be granted in ancestral lands/domains except
with prior informed consent in: a) CADC/CLC
areas; and b) areas verified by the DENR Regional
Office and/or appropriate offices as actually
occupied by Indigenous Cultural Communities under
a claim of time immemorial possession;
Where written consent is granted by the ICCs, a
royalty payment shall be negotiated which shall not
be less than 1% of the Gross Output of the mining
operations in the area. This Royalty shall form part
of a Trust Fund for socio- economic well being of
the ICCs in accordance with the management plan
formulated by the ICCs in the CADC/CALC
area. (In a large-scale mining operation the 1-%
Royalty could easily run into several tens of million
pesos per year).
Representation in the Multi-partite Monitoring
Committee;
Social and Community Development and Research
Development
The Mining contractors/operators shall allocate a
minimum of 1% of their direct mining and milling
costs for the following:
Development of the host and neighboring
communities and mine camp, including the
construction
and
maintenance
of
social
infrastructures to promote the general welfare of the
inhabitants in the area. Such infrastructures include

roads and bridges, school buildings, churches,

recreational facilities, housing facilities, water and
power supplies, etc.;

mining/contract area which shall set the level of

priorities and marshal the resources needed to
implement environmental management programs;

For the development of mining technology and

geosciences, particularly those related to improved
efficiencies and environmental protection and
rehabilitation; The mining contracts under the
regimes of MPSA and FTAA also provide for the
mandatory Filipinization program, technology
transfer, and the training and priority employment of
local residents. These contracts further mandate that
mining operations shall maximize the utilization of
local goods and services, the creation of selfsustaining generating activities, and skillsdevelopment.

Conduct of an independent environmental audit to

identify environmental risks affecting mining
operations as a basis for the development of an
effective environmental management system;

Environmental and Safety Concerns

A significant feature of the Mining Act of 1995 and
its IRR is the premium given to environmental
protection. Stringent measures were institutionalized
to
ensure
the
compliance
of
mining
contractors/operators to internationally accepted
standards of environmental management. On top of
the ECC conditionalities, herewith are some of the
highlights provided for in the IRR;
Mandatory establishment of the Contingent
Liability and Rehabilitation Fund (CLRF) to be
managed by a Steering Committee chaired by the
MGB Director with members coming from
concerned government agencies;
Conduct of Environmental Work Program (EWP)
during the exploration stage and an Environmental
Protection and Enhancement Program (EPEP)
during the development and operations stage.
Institutionalization of an incentive mechanism to
mining companies utilizing engineered and wellmaintained mine waste and tailings disposal systems
with zero-discharge of materials/effluents and/or
with wastewater treatments plants;
Mandatory establishment and operationalization of
a Mine Environmental and Protection and
Enhancement
Office
(MEPEO)
in
each

Mandatory preparation and implementation of a

final Mine Rehabilitation/ Decommissioning Plan at
least five (5) year prior to the end of the life of the
mine, to be undertaken in consultation and in
coordination with the concerned communities, and
shall be submitted for approval by the MGB and
LGU concerned;
Imposition of higher penalty (P50.00/MT) to
mining companies that are found to have illegally
discharged and/or discharging solid fractions of
tailings into areas other than the approved tailings
disposal area;
Authorizing the MGB Regional Director to
summarily suspend mining/quarrying operations in
case of imminent danger to human safety or the
environment;
Mandatory compliance with the rules and
regulations of the Mines Safety Rules and
Regulations by all Contractors, Permittees, Lessees,
Permit Holders and Service Contractors

On Social Acceptability
Mining contractors/operators shall allocate a
minimum of 1% of their direct mining and milling
costs for the development of the following:
Host and neighboring communities and mine camp
to promote the general welfare of inhabitants in the
area. This includes construction and maintenance of
infrastructures such as roads and bridges, school
buildings, housing and recreational facilities, water
and power supplies, etc.;
Mining technology and geosciences, particularly
those related to improved efficiencies and
environmental protection and rehabilitation.

Mining Permits Granted to Qualified Persons

The following are the types of mining permits
granted under the Mining Act of 1995 and its IRR:
Exploration Permit - these permits are issued to
qualified individuals or local and foreign
corporations granting them to undertake purely
mineral exploration activities. Has a term of two (2)
years renewable for like terms but not to exceed a
total term of six (6) years for non-metallic minerals
and eight (8) years for metallic minerals. The
Permittee may eventually apply for Mineral
Agreement or FTAA, subject to maximum areas
limitations. The maximum areas allowed per
qualified person under an Exploration Permit are:
1,620 hectares in any one province or 3,240 hectares
in the entire country for an individual; and 16, 200
hectares in any one province or 32,400 hectares in
the entire country for a corporation, association,
cooperative or partnership.
Mineral Agreement - are granted to individuals or
local corporations giving them the right to explore,
develop and utilize the minerals within the contract
area. There are three modes of Mineral Agreements
namely:
Mineral Production Sharing Agreement (MPSA) an agreement wherein the Government grants to the
contractor
the exclusive right to conduct mining operations
within, but not title over, the contract area and shares
in the production whether in kind or in value as the
owner of the minerals therein. The Contractor shall
provide the necessary financing technology,
management and personnel;
Co-Production Agreement (CA) - an agreement
between the Government and the Contractor wherein
the Government shall provide inputs to the mining
operations other than the mineral resources; and
Joint Venture Agreement (JVA) - an agreement
where the Government and the Contractor organize a
joint venture company with both parties having
equity shares. Aside from earnings in equity, the
Government shall be entitled to a share in the gross
output.

Financial or Technical Assistance Agreements

(FTAA) - a mining contract for large-scale
exploration, development and utilization of minerals
which allows up to 100% foreign equity
participation/ownership.
Sand and Gravel Permits - are issued for the
extraction, removal and disposition of sand and
gravel and other loose or unconsolidated materials.
Permits with areas not exceeding 5 hectares are
issued by the Provincial Governor/City Mayor while
those exceeding 5 hectares but not more than 20
hectares are issued by the MGB Regional Director.
A Sand and Gravel Permit has a term of 5 years and
renewable for like terms.
Quarry Resources Permits - In accordance with the
Local Government Code of 1991, mining permits
with areas not more than 5 hectares have been
devolved to the Provincial Governor or the City
Mayor for approval upon recommendation of the
Provincial/City Mining Regulatory Board. These
include the Quarry Permit, Guano Permit, Gratuitous
Permit and Gemstone Gathering Permit.
Small-Scale Mining Permits - In consonance with
the Local Government Code and RA No. 7076,
small-scale mining permits are approved and issued
by the City Mayor/Provincial Governor, upon
recommendation of the Provincial/City
Mining Regulatory Board.
Mineral Processing Permit a permit granting the
right to process minerals. It is issued by the DENR
Secretary with a term of 5 years and renewable for
like terms.
Ore Transport Permit no minerals, mineral
products and by-products shall be transported unless
accompanied by an Ore Transport Permit. The OTP
is issued by the MGB Regional Director concerned.