SEVENTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE
S.B. No. _L£L3 4
($tiirt jf tilt 
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•17 
'XC12 1110:22
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Introduced by Senator Richard J. Gordon, Chairman, and the Members of the Committee on 
Accountability of Public Officers and Investigations (Blue Ribbon)
AN ACT
PROVIDING FOR THE MANDATORY DOMESTIC PROCESSING OF ALL MINERAL ORES 
BEFORE EXPORTATION AND A CERTIFICATION SHOWING PRESENCE OR LACK OF 
RARE EARTH ELEMENTS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7942 
OTHERWISE KNOWN AS THE PHILIPPINE MINING ACT OF 1995 AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
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Section 1. Section 3(y) of Republic Act No. 7942, otherwise known as the "Philippine 
Mining Act of 1995" is hereby amended to read as follows:
(y) Mineral processing means the milling, benefication or upgrading of ores 
or minerals and rocks or by similar means to convert the same into 
marketable 
products, 
AND/OR 
THE 
PROCESS 
OF 
SEPARATING 
COMMERCIALLY VALUABLE MINERALS FROM THEIR MINERAL ORES.
Sec. 2. Section 53 of Republic Act No. 7942, otherwise known as "The Philippine 
Mining Act of 1995" is hereby amended to read as follows:
Section 53. Ore Transport Permit. A permit specifying the origin AND 
DESTINATION and quantity of non-processed mineral ores or minerals shall be 
required for their transport. Transport permits shall be issued by the mines 
regional director who has jurisdiction over the area where the ores were 
extracted. In the case of mineral ores or minerals being transported from the 
small-scale mining areas to the custom mills or processing plants, the Provincial 
Mining Regulatory Board (PMRB) concerned shall formulate their own policies 
to govern such transport of ores produced by small-scale miners. The absence of 
a perm it shall be considered as prima facie evidence of illegal mining and shall 
be sufficient cause for the Government to confiscate the ores or minerals being 
transported, the tools and equipment utilized, and the vehicle containing the 
same. Ore samples not exceeding two metric tons (2 m.t.) to be used exclusively 
for assay or pilot test purposes shall be exempted from such requirement.
Sec. 3. Section 55 of Republic Act No. 7942, otherwise known as "The Philippine 
Mining Act of 1995" is hereby amended to read as follows;
Section 55. Minerals Processing and Minerals Processing Permit. ANY 
MINERAL ORES EXTRACTED UNDER THE PROVISIONS OF THIS ACT SHALL


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BE PROCESSED WITHIN THE COUNTRY. NO PERSON GRANTED WITH 
PERMIT FOR PURPOSES OF MINING OPERATION SHALL BE ALLOWED TO 
EXPORT THE UNPROCESSED MINERAL ORES TO OTHER COUNTRY FOR 
PURPOSES OF TRADING MINERAL PRODUCTS WITHOUT A CERTIFICATION 
OF COMPLIANCE SHOWING PRESENCE OR LACK OF RARE EARTH 
ELEMENTS OR OTHER VALUABLE MINERALS.
ANY PERSON EXPORTING THE UNPROCESSED MINERAL ORES WITHOUT 
THE AFOREMENTIONED CERTIFICATE OF COMPLIANCE SHALL, UPON 
CONVICTION, BE IMPRISONED FROM SIX (6) YEARS AND ONE (1) DAY TO 
TWELVE (12) YEARS AND PAY THE FINE AMOUNTING TO TWICE THE 
VALUE OF THE SEIZED MINERAL ORES. IN ADDITION, THE CARGO 
CONTAINING THE UNPROCESSED MINERAL ORES SHALL BE CONFISCATED 
IN FAVOR OF THE STATE. IN THE CASE OF ASSOCIATIONS, PARTNERSHIPS,
OR CORPORATIONS, THE PRESIDENT AND EACH OF THE DIRECTORS IN 
SHALL 
BE 
RESPONSIBLE 
FOR 
THE 
ACTS 
COMMITTED 
BY 
SUCH 
ASSOCIATION, PARTNERSHIP, OR CORPORATION.
No person shall engage in the processing of minerals without first 
securing a minerals processing permit from the Secretary. Minerals 
processing perm it shall be for a period of five (5) years renewable for like 
periods but not to exceed a total term of twenty-five (25) years. In the case of 
mineral ores or minerals produced by the small-scale miners, the processing 
thereof as well as the licensing of their custom mills or processing plants 
shall continue to be governed by the provisions of Republic Act No. 7076.
Sec. 4. Implementing Rules and Regulations. - The Secretary of the Department of 
Environment and Natural Resources shall promulgate the necessary rules and regulations 
for the effective implementation of this Act.
Sec. 5. Repealing Clause. - All other laws, decrees, orders, issuances, and rules and 
regulations or parts thereof inconsistent with this Act, are hereby repealed or amended 
accordingly.
Sec. 6. Separability Clause. - All other provisions of Republic Act No. 7942, otherwise 
known as "The Philippine Mining Act of 1995" not affected thereby shall remain in full 
force and effect.
Sec. 7. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least (2) national newspapers of general circulation.
Approved,