Mining 2026

PHILIPPINES Law and Practice Contributed by: Patricia A O Bunye and Rafael Raymundo A Evangelista, Cruz Marcelo & Tenefrancia

2.4 Prior and Informed Consultation on Mining Projects Prior consultation with the local government units con - cerned is mandatory for mining applications intended for exploration through EPs, MAs and FTAAs. Prior approval by a majority of the Sanggunian (local legislative body) concerned is required in support of mining applications for immediate development and/ or utilisation activities. Consultation and approval are carried out by the investor through the relevant Sanggunian. For projects located within the ancestral domain of ICCs/IPs, the FPIC of the ICCs/IPs affected must be secured, as further discussed in 2.5 Impact of Spe- cially Protected Communities on Mining Projects . Rights of ICCs/IPs are recognised under the Consti - tution and under the law. Article II, Section 22 of the Constitution provides that “the State recognises and promotes the rights of indigenous cultural communi - ties within the framework of national unity and devel- opment”. Section 16 of the Mining Act states that “no ancestral land shall be opened for mining operations without prior consent of the indigenous cultural com - munity concerned”. This provision is complemented by the Indigenous Peoples’ Rights Act (IPRA), or Republic Act No 8371, which was enacted to recog - nise and promote the rights of ICCs/IPs by establish - ing mechanisms that will take into consideration their customs, traditions, values, beliefs and rights to their ancestral domains or ancestral lands. Therefore, ICCs/ IPs are given priority rights in the harvesting, extrac - tion, development or exploitation of natural resources within their ancestral domains. An ancestral domain covers all areas owned, occu - pied or possessed by ICCs/IPs, including lands, inland waters, coastal areas and natural resources therein, specifically ancestral lands, forest, pasture, residen - tial, agricultural and other lands individually owned (whether alienable and disposable or otherwise), hunt - ing grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands 2.5 Impact of Specially Protected Communities on Mining Projects

under Department Administrative Order No 25, Series of 1992, and other laws; • areas that the DENR Secretary may exclude, based, among others, on proper assessment of their environmental impacts and implications on sustainable land uses, such as built-up areas and critical watersheds with appropriate barangay, municipal, city or provincial council ordinances specifying therein the location and specific bound - ary of the area concerned; • offshore areas within 500 metres of the mean low tide level and onshore areas within 200 metres of the mean low tide level along the coast; • in the case of seabed or marine aggregate quarry - ing, offshore areas of less than 1,500 metres from the mean low-tide level of land or island and where the sea-bed depth is less than 30 metres, meas - ured at mean sea level; and • areas expressly prohibited by law. Executive Order No 79, Series of 2012, expanded the list of protected areas to include: • prime agricultural lands, lands covered by agrar - ian reform, and strategic agriculture and fisheries development zones and fish refuges and sanctuar - ies; • tourism development areas; and • other critical areas, island ecosystems and impact areas of mining. 2.3 Impact of Community Relations on Mining Projects Stakeholders must be consulted as part of the EIA process and prior to the issuance of an ECC, which is required for the grant of MAs and FTAAs. Furthermore, the law requires that contractors assist in the development of the mining community, includ - ing the promotion of the general welfare of its inhab - itants and the development of science and mining technology. Investors are also required to incorporate a Community Relations Office in the organisational structure. As further discussed in 2.6 Community Development Agreement for Mining Projects , con - tractors are also required to prepare a Social Devel - opment and Management Programme (SDMP) and a Community Development Programme (CDP).

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