1 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
3rd Regular Session 
House Bill No. ________ 
Introduced by Representative ERIC GO YAP 
EXPLANATORY NOTE 
Small-scale mining is among the sectors with tremendous potential not only in terms 
of national development but also as key player towards poverty reduction. Following 
the enactment of Presidential Decree 1899, small-scale mining was first acknowledged 
as a formal industry sector in 1984. The said Presidential Decree defined small-scale 
mining and set a licensing system under the authority of local government units 
(LGUs). Years thereafter, Republic Act No. 7076 or the Small-scale Mining Act of 1991 
was enacted, introducing the People Small-scale Mining Program, which transferred 
the authority over small scale mining to provincial or city mining regulatory boards 
(P/CMRBs), chaired by the regional director of the Mines and Geosciences Bureau 
(MGB). 
RA 7076 puts emphasis on the condition that all small-scale mining activities must be 
done within a declared people’s small-scale mining area or Minahang Bayan. The 
Philippine Institute for Development Studies (PIDS), in its Policy Note No. 2020-06 
(April 2020), states that majority of small-scale miners expresses the difficulty to 
comply with the condition set forth by RA 7076 intertwined with the confusion and 
social concerns that penetrate small-scale mining communities. PIDS further reports 
that PD 1899, on the other hand, allows small-scale mining operations outside of the 
Minahang Bayan with permits granted by the provincial governors to individuals, 
partnerships, and corporations. The overlap was allowed to continue despite the 
issuance of Executive Order No. 79 in 2012, absent an express repeal of PD 1899. As a 
result, uncontrolled or unregulated small-scale mining activities in several provinces 
remain—pervading the sector with utmost informal mining activities just for its 
members to continue their source of livelihood. 
In this regard, this Bill proposes to expressly repeal PD 1899 without stripping the 
local government units of their administrative autonomy in implementing national 
policies or standards. In this amendment, the Provincial Governor or the City Mayor 
is appointed as co-chairperson of the DENR Regional Director at the Provincial/City 
Artisanal and Small-Scale Mining Regulatory Board (Board). The Board declares and 
regulates the operations of Minahang Bayan in the area and is the implementing arm 
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February 4, 2025
6:00 pm


2 
at the province or city level of the People's Small-Scale Mining Program under the 
direct supervision and control of the DENR Secretary. The MGB, Environment 
Management Bureau (EMB), and other relevant offices will constitute the Technical 
Support Committee to the Board.  
Integration is also of primordial importance to mitigate confusion among 
stakeholders. Thus, all mining regulatory agencies shall be part, at the national level, 
of the Inter-Agency on Mines or IAC-Mines, and, at the provincial and city levels, shall 
be ex-officio members of the Board. The integration at the national, provincial, or city 
levels allows for the effective collaboration and coordination of mandates and 
activities from the national to the regional and field to harmonize varying approach 
to ensuring environmental protection, health and safety, sustainable livelihood, and 
decent work in the Minahang Bayan.  
The proposed measure also seeks to delineate the difference between artisanal mining 
activity from small-scale mining. The former, consistent with internationally accepted 
definitions, is being considered as subsistence and manual while the latter, small-scale 
mining, is defined as a form of activity that uses or employs modern technologies and 
light machinery regardless of production volume and where duly licensed MGB 
mining engineer supervises its operation, and the use of explosives is supervised by a 
PNP blaster or by a duly authorized individual or blasting contractor. The said 
juxtaposition highlights the nature and realities of small-scale mining operations and 
addresses the issue of health and safety hazards and thriving practice of mulcting or 
extortions.  
Summarily, the proposed amendments to the Bill at hand seek to address the 
exorbitant costs of formalizing a Minahang Bayan or People’s Mining Area, the limited 
validity of mining contracts, and the legal barriers posed by the current definition of 
small-scale mining under RA 7076. There is a very thin line that distinguishes large-
scale mining operations versus small-scale mining which should not be the case. 
Small-scale mining under a Minahang Bayan shall not be considered as a commercial 
or business venture similar to the large-scale mining. Small-scale mining should be a 
social enterprise with the State to provide livelihood in the absence of opportunities 
for socio-economic progress, especially communities lacking source of livelihood in 
their areas.  
In view of the foregoing, approval of this bill is earnestly sought. 
HON. ERIC GO YAP 


1 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
3rd Regular Session 
House Bill No. ________ 
Introduced by Representative ERIC GO YAP 
AN ACT 
AMENDING REPUBLIC ACT NO. 7076, OTHERWISE KNOWN AS "AN ACT 
CREATING A PEOPLE'S SMALL-SCALE MINING PROGRAM, AND FOR 
OTHER PURPOSES" 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: 
SECTION 1. Section 2 of Republic Act No. 7076, is hereby amended to read as 
follows: 
"SECTION 2. Declaration of Policy. THE STATE AFFIRMS THE 
CONSTITUTIONAL 
GUARANTEE 
TO 
CREATE 
ECONOMIC 
OPPORTUNITIES BASED ON FREEDOM OF INITIATIVE AND SELF-
RELIANCE TO PROMOTE SOCIAL JUSTICE. 
THE STATE COMMITS TO ENSURING EQUITABLE SHARING 
OF THE NATION'S WEALTH AND NATURAL RESOURCES TO 
REDUCE SOCIAL AND ECONOMIC INEQUITIES. 
TO THIS END, THE STATE SHALL ENSURE, THROUGH A 
WHOLE-OF-GOVERNMENT APPROACH, THE DEVELOPMENT OF 
ENVIRONMENTALLY SUSTAINABLE LIVELIHOOD AND DECENT 
WORK IN ARTISANAL AND SMALL-SCALE MINING ACTIVITIES.” 
[It is hereby declared of the State to promote, develop, protect, and 
rationalize viable small-scale mining activities in order to generate more 
employment opportunities and provide an equitable sharing of the nation's 
wealth and natural resources, giving due regard to existing rights as herein 
provided.] 
SEC. 2. R.A. 7076 is hereby amended by providing a new Section 3, to read as 
follows: 
"SECTION 3. COVERAGE. ALL ARTISANAL AND SMALL-SCALE 
MINING AND MINERAL PROCESSING ACTIVITIES, AS DEFINED 
HEREIN, SHALL BE COVERED BY THIS ACT.” 
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2 
SEC. 3. Section 3 of R.A. 7076 is hereby renumbered and amended as follows 
"SECTION 4[3]. Definition of Terms. For purposes of this 
Act, the following terms shall be defined as follows: 
a) [(f)] "Active mining area" refers to areas WHEREIN ANY OF THE
FOLLOWING ACTIVITIES IS BEING UNDERTAKEN: [under] actual
exploration, development, [exploitation or] OR commercial production
as determined by the Secretary after the necessary field investigation or
verification including contiguous and geologically related areas
belonging to the same claim-owner and/or under contract with an
operator, but in no case to exceed the maximum area allowed by law;
b) "ARTISANAL MINERS" AS USED IN THIS ACT
REFERS TO A FILIPINO RESIDENT OR GROUP OF
FILIPINO RESIDENTS IN A COMMUNITY DULY
LICENSED AND WITH PERMIT TO UNDERTAKE
ARTISANAL 
MINING 
ACTIVITIES 
IN 
A
DESIGNATED AREA, USING SIMPLE IMPLEMENTS
AND METHODS;
c) "ARTISANAL MINING" [Small-scale mining] refers to SUBSISTENCE
mining activities which rely [heavily] on manual labor using simple
implements and methods and do not use explosives or [heavy] mining
equipment;
d) "ARTISANAL MINING AREA" REFERS TO AN AREA
SET ASIDE BY THE BOARD FOR ARTISANAL
MINING ACTIVITIES WITHIN AN AREA DECLARED
AS MINAHANG BAYAN;
e) "BOARD" REFERS TO THE PROVINCIAL/CITY ARTISANAL AND
SMALL-SCALE MINING REGULATORY BOARD created under
THIS ACT AS THE IMPLEMENTING ARM OF THE DEPARTMENT
AT THE PROVINCE OR CITY LEVEL AND SHALL BE UNDER the
direct supervision and control of the SECRETARY OF THE
DEPARMENT [which shall be the implementing agency of the
Department];
f)
[(h)] "Claim-owner" refers to a holder of an existing mining
right;
g) "COMMUNITY 
DEVELOPMENT 
AND
MANAGEMENT PROGRAM OR CDMP" REFERS TO
THE PROGRAM WHICH AIMS TO ASSIST IN THE
DEVELOPMENT OF RESPONSIBLE, SELF-RELIANT,


 
3 
 
 
AND RESOURCE-BASED HOST AND NEIGHBORING 
COMMUNITIES; 
 
h) "DECENT 
WORK" 
AS 
DEFINED 
BY 
THE 
INTERNATIONAL 
LABOUR 
ORGANIZATION 
INVOLVES OPPORTUNITIES FOR WORK THAT IS 
PRODUCTIVE AND DELIVERS A FAIR INCOME, 
SECURITY IN THE WORKPLACE AND SOCIAL 
PROTECTION FOR ALL, BETTER PROSPECT FOR 
PERSONAL 
DEVELOPMENT 
AND 
SOCIAL 
INTEGRATION, FREEDOM FOR PEOPLE TO EXPRESS 
THEIR CONCERNS, ORGANIZE AND PARTICIPATE 
IN THE DECISIONS THAT AFFECT THEIR LIVES AND 
EQUALITY OF OPPORTUNITY AND TREATMENT 
FOR ALL WOMEN AND MEN; 
 
i) "DEPARTMENT" REFERS TO THE DEPARTMENT OF 
ENVIRONMENT 
AND 
NATURAL 
RESOURCES 
(DENR); 
 
j) "ECO-FRIENDLY LEACHING REAGENT" IS ANY 
KIND OF SAFE, ENVIRONMENTALLY-FRIENDLY 
AND 
LOW-TOXICITY 
LEACHING 
SUBSTANCE/CHEMICAL 
USED 
IN 
MINERAL 
PROCESSING TOR ARTISANAL OR SMALL-SCALE 
MINING; 
 
k) "EMB" 
REFERS 
TO 
THE 
DEPARTMENT'S 
ENVIRONMENT MANAGEMENT BUREAU; 
 
l) [(g)] "Existing mining right" refers to perfected and 
subsisting claim, lease, license or permit covering a 
mineralized area prior to its declaration as a people's small-
scale mining area; 
 
m) "FINANCIER" AS USED IN THIS ACT REFERS TO 
INDIVIDUAL OR ENTITY DULY ACCREDITED BY 
THE 
BOARD 
TO 
ENGAGE 
IN 
FINANCING 
ARTISANAL OR SMALL-SCALE UNDERTAKINGS 
WHETHER ACTING AS THE OSTENSIBLE EMPLOYER 
OR UNDER A SHARING SCHEME; 
 
n)  [(j)] "License" refers to the privilege granted to a person to legitimately 
pursue his/HER occupation as ARTISANAL OR [a] small-scale miner 
or processor under this Act; 
 


4 
o) "MGB" REFERS TO THE DEPARTMENT'S MINES AND
GEOSCIENCE BUREAU;
p) "MINAHANG 
BAYAN" 
REFERS 
TO 
AN 
AREA
DECLARED AND SET ASIDE BY THE DEPARTMENT,
THROUGH THE BOARD, FOR ARTISANAL AND/OR
SMALL-SCALE MINING ACTIVITIES PURSUANT TO
THIS ACT;
q) [(a)] "Mineralized areas" refer to areas with naturally
occurring mineral deposits of gold, silver, chromite, kaolin,
silica, marble and like mineral resources;
r) “MINERAL PROCESSING” MEANS THE MILLING,
BENEFICATION, 
LEACHING, 
SMELTING,
CALCINATION 
OR 
UPGRADING 
OF 
ORES,
MINERALS, ROCKS, MILL TAILINGS, MINE WASTES
AND/OR OTHER METALLURGICAL BY-PRODUCTS
OR BY SIMILAR MEANS TO CONVERT THE SAME
INTO MARKETABLE PRODUCTS;
s) "MINERAL 
RESERVATION" 
REFER 
TO 
AREAS,
INCLUDING SUBMERGED LANDS WITHIN THE
CONTIGUOUS ZONE AND EXCLUSIVE ECONOMIC
ZONE, ESTABLISHED AND PROCLAIMED AS SUCH
BY THE PRESIDENT OF THE PHILIPPINES UPON
RECOMMENDATION BY THE SECRETARY;
t)
"MINES OCCUPATIONAL SAFETY AND HEALTH
PROGRAM OR MOSH" REFERS TO A MINES
OCCUPATIONAL SAFETY AND HEALTH PROGRAM
DEVELOPED 
AND 
PRESCRIBED 
BY 
THE
DEPARTMENT AND THE DEPARTMENT OF LABOR
AND EMPLOYMENT (DOLE) IN ACCORDANCE WITH
REPUBLIC ACT NO. 11058 AND OF INTERNATIONAL
LABOUR ORGANIZATION CONVENTION NO. 176
OR 
SAFETY 
AND 
HEALTH 
IN 
THE 
MINES
CONVENTION THAT ENSURES JUST, SAFE, AND
HUMANE 
WORKING 
ENVIRONMENT 
FOR
ARTISANAL, SMALL-SCALE MINERS, MINERAL
PROCESSORS, AND SUCH OTHER INDIVIDUALS
WORKING OR OPERATING IN THE MINAHANG
BAYAN;
u) "MINING PROCESSOR'S LICENSE" REFERS TO A
LICENSE GRANTED TO SMALL-SCALE PROCESSOR
TO OPERATE CUSTOM MILLS OR SMALL-SCALE
MINERAL PROCESSING PLANT IN THE TREATMENT


 
5 
 
 
OF MINERAL OR ORE BEARING MATERIAL, SUCH 
AS BENEFICIATION, LEACHING, CUTTING, SIZING, 
POLISHING AND/OR OTHER SIMILAR ACTIVITIES; 
 
v)  [(k)"Mining plan"] "MINING WORK PROGRAM" refers to THE [a 
two] REQUIRED THREE-YEAR WORK program FOR ARTISANAL 
AND FIVE-YEAR FOR SMALL-SCALE MINING WHICH OUTLINE 
THE activities and methodologies employed in the extraction and 
production of minerals or ore-bearing materials, the financial plan and 
other resources in support thereof, including details of implementation 
of the prescribed PEIMP, MOSH and CDMP; 
 
w) "POTENTIAL 
ENVIRONMENTAL 
IMPACT 
MANAGEMENT PLAN OR PEIMP" REFERS TO 
ENVIRONMENTAL 
MANAGEMENT 
AND 
REHABILITATION ACTIVITIES DEVELOPED AND 
PRESCRIBED 
BY 
THE 
DEPARTMENT 
TO 
BE 
STRICTLY FOLLOWED BY ALL FOR THE DURATION 
OF ARTISANAL ACTIVITIES OR SMALL-SCALE 
MINING CONTRACT OR SMALL-SCALE MINERAL 
PROCESSOR'S OPERATIONS; 
 
x) "PROGRAM" REFERS TO THE PEOPLE'S SMALL-
SCALE MINING PROGRAM UNDER THIS ACT 
WHICH SHALL COVER ARTISANAL AND SMALL-
SCALE EXTRACTION OF MINERALS, SMALL-SCALE 
MINERAL 
PROCESSING 
AND 
FINANCING 
UNDERTAKEN BY FINANCIERS; 
 
y)  [(I) "Director"] "REGIONAL DIRECTOR" refers to the regional 
[executive] director of the Department [of Environment and Natural 
Resources]; 
 
z) [(m)] "Secretary" refers to the Secretary of the Department 
of Environment and Natural Resources; 
 
aa) [(d)] "Small-scale miners" refer to Filipino citizens [who, individually or 
in the company of other Filipino citizens,] AND COMMUNITY 
RESIDENTS, voluntarily [form a] FORMED INTO A FILIPINO 
MINING 
COMMUNITY 
ASSOCIATION 
OR 
cooperative, 
REGISTERED 
WITH 
THE 
APPROPRIATE 
GOVERNMENT 
AGENCY AND duly licensed by the Department [of Environment and 
Natural Resources] THROUGH THE BOARD to engage, under the 
terms and conditions of a SMALL SCALE MINING contract, in the 
extraction or removal of minerals or ore-bearing materials from the 


 
6 
 
 
ground SUCH AS GOLD, SILVER AND CHROMITE AND OTHER 
METALLIC MINERALS LIKE ZINC, NICKEL, IRON, COPPER AND 
MANGANESE; 
 
bb) [(C)] 
"Small-scale 
mining" 
refers 
to 
MINING 
ACTIVITIES 
UNDERTAKEN 
BY 
SMALL-SCALE 
MINERS, AS DEFINED ABOVE, WHICH USES OR 
EMPLOYS MODERN MINING TECHNOLOGIES AND 
LIGHT 
MACHINERIES, 
REGARDLESS 
OF 
THE 
VOLUME 
OF 
PRODUCTION, 
AND 
WHOSE 
OPERATION IS SUPERVISED BY A DULY LICENSED 
MGB MINING ENGINEER AND THE USE OF 
EXPLOSIVE SUPERVISED BY PHILIPPINE NATIONAL 
POLICE BLASTER OR PERFORMED BY A DULY 
LICENSED 
INDIVIDUAL 
OR 
BLASTING 
CONTRACTOR; 
 
cc)  [(d)] 
"Small-scale 
mining 
contract" 
refers 
to 
co-
production, joint venture or mineral production sharing 
agreement between the State and a small-scale mining 
contractor for the small-scale utilization of a plot of mineral 
land; 
 
dd) [(e)] "Small-scale mining contractor" refers to an ASSOCIATION or a 
cooperative of small-scale miners, registered with the [Securities and 
Exchange Commission or other] appropriate government agency, which 
has entered into an agreement with the State for small-scale 
EXTRACTION OR utilization of a plot of mineral land within a 
[people's small-scale mining] BOARD DECLARED MINAHANG 
BAYAN; 
 
ee) [(i)] "SMALL-SCALE MINERAL Processor" AS USED IN 
THIS ACT refers to AN [person] INDIVIDUAL OR AN 
ASSOCIATION 
OR 
COOPERATIVE 
[issued 
a] 
LICENSED to engage in the treatment of minerals or ore-
bearing materials such as by gravity concentration, 
leaching 
beneficiation, 
cyanidation, 
cutting, 
sizing, 
polishing and other similar activities; AND 
 
ff) "SUSTAINABLE LIVELIHOOD" AS USED HEREIN 
ADOPTS THE UNITED NATIONS' CONCEPT OF 
SUSTAINABLE LIVELIHOOD THAT REFERS TO ONE 
THAT CAN COPE WITH AND RECOVER FROM 
STRESSES AND SHOCKS, MAINTAIN OR ENHANCE 
ITS CAPABILITIES AND ASSETS, WHILE NOT 
UNDERMINING THE NATURAL RESOURCE BASE.” 
 


 
7 
 
 
SEC. 4. Section 4 of R.A. 7076 is hereby renumbered, amended and integrated 
therein the provision of Section 26, to read as follows: 
 
"SECTION 5[4]. People's Small-Scale Mining Program. A PEOPLE'S 
SMALL-SCALE 
MINING 
(PSSM) 
PROGRAM 
IS 
HEREBY 
ESTABLISHED TO IMPLEMENT THE DECLARED STATE POLICY ON 
ARTISANAL AND SMALL-SCALE MINING. THE PROGRAM SHALL 
BE UNDER THE DIRECT SUPERVISION AND CONTROL OF THE 
SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND 
NATURAL RESOURCES (DENR). 
 
THE 
SECRETARY, 
IN 
COORDINATION 
WITH 
OTHER 
GOVERNMENT AGENCIES IN THE INTER-AGENCY COUNCIL 
HEREIN 
PROVIDED, 
SHALL 
DESIGN, 
AND 
IMPLEMENT 
SUSTAINABLE LIVELIHOOD AND DEVELOPMENT APPROACH FOR 
ARTISANAL AND SMALL-SCALE MINING. 
 
[For the purpose of carrying out the declared policy provided in Section 2 
hereof, there is hereby established a People's Small-scale Mining Program to 
be implemented by the Secretary of the Department of Environment and 
Natural Resources, hereinafter called the Department, in coordination with 
other concerned government agencies, 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.] 
 
The PSSM Program shall include the following features: 
 
a) Identification, segregation, and reservation of certain mineral lands as 
[People's Small-Scale Mining areas] MINAHANG BAYAN; 
 
b) The recognition of prior existing rights and productivity; 
 
c) The 
encouragement 
of 
the 
formation 
of 
cooperatives 
OR 
ASSOCIATIONS; 
 
d) The [extension] PROVISION of technical and financial assistance TO 
THE MINAHANG BAYAN, and [other] social services; 
 
e) The [extension] PROVISION OF TECHNICAL assistance AND 
GUIDANCE ON ENVIRONMENTALLY SOUND EXTRACTION 
AND processing [and] INCLUDING marketing; 
 
f) The [generation] DEVELOPMENT of ancillary livelihood activities; 
 


 
8 
 
 
g) THE DEVELOPMENT OF SIMPLE AND EASY TO FOLLOW 
REGULATIONS AND MEASURES TO SECURE HIGHER LEVEL OF 
COMPLIANCE, CONSISTENCY, AND EFFECTIVE ENFORCEMENT 
TAKING INTO CONSIDERATION THE TECHNICAL CAPACITY TO 
COMPLY AND TO FACILITATE THE FORMALIZATION OF THE 
ARTISANAL AND SMALL-SCALE MINING ENGAGEMENT; 
 
[The regulation of the small-scale mining industry with the view to 
encourage growth and productivity; and] 
 
h) THE MOSH ORIENTATION OF ALL INDIVIDUALS ENGAGE OR 
WORKING IN THE MINAHANG BAYAN, AND REQUIREMENT OF 
TRAINING OF SAFETY OFFICERS AND FIRST AIDERS IN ALL 
ARTISANAL, 
SMALL-SCALE, 
AND 
MINERAL 
PROCESSING 
OPERATIONS, AS WELL AS THE CONDUCT OF RESCUE DRILLS AT 
THE MINE SITE; 
 
i) THE OBSERVANCE OF THE RIGHTS AND BENEFITS OF ALL 
INDIVIDUALS WORKING IN EXTRACTION, PROCESSING AND 
RELATED UNDERTAKINGS IN THE MINAHANG BAYAN; AND 
 
j) The efficient collection of government revenue” 
 
SEC. 5. A new Section 6 is hereby provided, to read as follows: 
 
"SECTION 6. INTER-AGENCY COUNCIL ON SMALL-SCALE MINING 
OR IAC-MINES. TO EFFECT COHERENCE IN POLICY AND PROGRAM 
APPROACH ON ARTISANAL AND SMALL-SCALE MINING, AN INTER-
AGENCY COUNCIL IS HEREBY ESTABLISHED AT THE NATIONAL 
LEVEL TO BE CHAIRED BY THE SECRETARY OF THE DENR. 
 
THE INTER-AGENCY, HEREINAFTER REFERRED TO AS IAC-MINES.  
SHALL BE CO-CHAIRED BY THE DEPARTMENT OF FINANCE (DOF) 
AND THE BANGKO SENTRAL NG PILIPINAS (BSP). THE IAC-SSM 
SHALL BE COMPOSED OF THE FOLLOWING GOVERNMENT 
AGENCIES AS MEMBERS: THE DEPARTMENT OF LABOR AND 
EMPLOYMENT 
(DOLE), 
THE 
DEPARTMENT 
OF 
TRADE 
AND 
INDUSTRY (DTI), THE COOPERATIVE DEVELOPMENT AUTHORITY 
(CDA), THE DEPARTMENT OF SCIENCE AND TECHNOLOGY (DOST), 
THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT 
(DILG), THE NATIONAL COMMISSION ON INDIGENOUS PEOPLES 
(NCIP), THE TECHNICAL EDUCATION AND SKILLS DEVELOPMENT 
ADMINISTRATION (TESDA), THE PHILIPPINE NATIONAL POLICE 
(PNP), THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT 
(DSWD), THE ARMED FORCES OF THE PHILIPPINES (AFP), AND SUCH 
OTHER RELEVANT GOVERNMENT AGENCIES SUCH AS THE SOCIAL 
SECURITY SYSTEM (SSS), PHILHEALTH AND PAG-IBIG. 


 
9 
 
 
 
NON-GOVERNMENT 
ORGANIZATIONS 
(CSO) 
AND/OR 
CIVIL 
SOCIETY ORGANIZATIONS (CSO) ENGAGED IN ENVIRONMENT 
PRESERVATION SHALL BE INVITED AS WELL AS THE NATIONAL 
COALITION OF SMALL-SCALE MINERS IN THE PHILIPPINES AND 
RELEVANT TRADE UNION ORGANIZATION. 
 
THE 
IAC-MINES 
SHALL 
BE 
THE 
PRIMARY 
PLANNING, 
COORDINATING, AND IMPLEMENTING BODY OF THE PSSM 
PROGRAM. IT SHALL MEET REGULARLY AND SHALL CONSULT AND 
COLLABORATE WITH ALL STAKEHOLDERS. 
 
IN ADDITION TO THE PRECEDING SECTION, IAC-MINES SHALL 
HAVE THE FOLLOWING POWERS AND FUNCTIONS: 
 
a) SERVE AS THE PRIMARY BODY RESPONSIBLE FOR THE 
PROMOTION AND ENHANCEMENT OF THE PSSM PROGRAM 
AND ITS IMPLEMENTATION; 
 
b) PROVIDE TECHNICAL ASSISTANCE, WITH THE DENR-MGB ON 
THE LEAD, IN COST-BENEFIT ANALYSIS OR FEASIBILITIY 
STUDY 
ON 
MINERAL 
RESERVES 
IN 
THE 
PROJECTED 
MINAHANG BAYAN, INCLUDING THE DEPUTIZATION OF 
ASSISTING 
GEOLOGISTS, 
GEODETIC 
AND 
MINING 
ENGINEERS; 
 
c) ENSURE SUPPORT IN TERMS OF SKILLS DEVELOPMENT, 
EXPOSURE TO BUSINESS NETWORKS, AND LOW INTEREST 
CREDIT 
ASSISTANCE 
FROM 
GOVERNMENT 
FINANCIAL 
INSTITUTIONS FOR CAPITALIZATION, ACQUISITION OF 
MODERN 
MINING 
TECHNOLOGIES 
AND 
LIGHT 
MACHINERIES FOR USE IN THE MINAHANG BAYAN; 
 
d) PROVIDE PRIORITY ACCESS, WITH DTI ON THE LEAD, TO 
ARTISANAL OR SSM START-UPS TO SUPPORT FACILITIES AND 
FINANCIAL ASSISTANCE; 
 
e) IN COLLABORATION WITH THE LOCAL GOVERNMENT UNITS, 
WITH THE DOLE ON THE LEAD, ENSURE COMPLIANCE, 
WITHIN THE MINAHANG BAYAN, WITH RIGHTS AT WORK, 
PROHIBITION ON CHILD LABOR AND DISCRIMINATION AT 
WORK, OBSERVANCE OF MOSH AND GENERAL LABOR 
STANDARDS, AND PROVISION OF TECHNICAL ASSISTANCE 
FOR 
EASE 
OF 
COMPLIANCE, 
ENFORCEMENT 
AND 
MONITORING; 
 
f) DEVELOP AND IMPLEMENT, WITH THE DOST ON THE LEAD, 
ALTERNATIVES 
TO 
TOXIC 
OR 
HAZARDOUS 
MINERAL 


 
10 
 
 
EXTRACTION AND TREATMENT OF MINERAL OR ORE 
BEARING MATERIAL, SUCH AS BENEFICIATION, LEACHING, 
CUTTING, SIZING, POLISHING AND/OR OTHER SIMILAR 
ACTIVITIES; 
 
g) FORMULATE AN ACCREDITATION AND BLACKLISTING 
SYSTEM FOR FINANCIERS AND ESTABLISH TERMS AND 
CONDITIONS THAT ENSURE FAIR SHARING AGREEMENT 
AND SAFEGURDS THE RIGHTS AND HEALTH OF ARTISANAL 
AND SMALL-SCALE MINERS, AND THE ENVIRONMENT; 
 
h) COORDINATE WITH THE PROVINCIAL/CITY ARTISANAL AND 
SMALL-SCALE 
MINING 
REGULATORY 
BOARDS 
THE 
IMPLEMENTATION 
OF 
ANY 
IAC-MINES 
MEMBER'S 
PROGRAMS AND ASSISTANCE FOR THE MINAHANG BAYAN; 
 
i) ESTABLISH AN INTER-AGENCY COUNCIL'S SECRETARIAT, 
WHICH SHALL BE LODGED WITH THE DEPARTMENT; AND 
 
j) PERFORM SUCH OTHER FUNCTION AS MAY BE NECESSARY TO 
CARRY OUT THE DECLARED STATE POLICY AND THE PSSM 
PROGRAM.” 
 
SEC. 6. Section 24 is hereby renumbered and amended as follows: 
 
"SECTION 7[24]. ARTISANAL AND SMALL-SCALE MINING 
REGULATORY BOARD. There is hereby created, under the supervision 
and control of the Secretary of the DEPARTMENT, AN ARTISANAL AND 
SMALL-SCALE MINING REGULATORY BOARD, HEREIN REFERRED 
TO AS THE BOARD, in the province/city with ARTISANAL AND/OR 
small-scale mining activities [, which shall be]. 
 
THE BOARD SHALL BE THE PROGRAM IMPLEMENTING ARM OF 
THE DEPARTMENT IN THE PROVINCE OR CITY and subject to review 
by the Secretary, shall exercise the following powers and functions: 
 
a) Declare and segregate existing gold rush area [for small-scale mining] AS 
MINAHANG BAYAN; 
 
b) Reserve future gold and other mining areas for MINAHANG BAYAN 
[small scale mining]; 
 
c) REGISTER 
AND 
LICENSE 
ALL 
ARTISANAL, 
SMALL-SCALE 
MINERS, PROCESSORS AND ACCREDIT FINANCIERS IN THE 
AREA AND MAINTAIN A REGISTRY OF LICENSEES/ACCREDITED 
FINANCIERS; 
 


 
11 
 
 
d) Award contracts to LICENSED small-scale miners ASSOCIATION OR 
COOPERATIVE TO DO EXTRACTION ACTIVITIES WITHIN THE 
MINAHANG BAYAN; 
 
e) ISSUE PERMIT TO OPERATE TO LICENSED ARTISANAL MINERS 
WITH CLEAR DESIGNATED AREA OF OPERATION INSIDE THE 
MINAHANG BAYAN THAT SHOULD NOT IN ANY WAY INTERFERE 
OR OBSTRUCT OR ENDANGER OTHER OPERATIONS OR 
ACTIVITIES WITHIN THE AREA; 
 
f) DESIGNATE OPEN AREAS FOR ARTISANAL MINING WITHIN THE 
MINAHANG BAYAN; 
 
g) [Formulate and] ABIDE BY AND Implement THE rules and regulations 
related to small scale mining IN THE PROVINCE OR CITY; 
 
h) Settle disputes, conflicts, or litigations over conflicting claims within the 
[People's Small-Scale mining area,] MINAHANG BAYAN AND/OR 
OVERLAPPING CLAIMS BETWEEN AND AMONG MINAHAN 
BAYANS OR WITH LARGE-SCALE MINING [an area that is declared 
a small-mining], IN THE EVENT OF NON-SETTLEMENT THE 
DISPUTE SHALL BE ELEVATED TO THE DEPARTMENT FOR 
RESOLUTION; 
 
i) ACCREDIT OR BLACKLIST FINANCIERS PURSUANT TO TERMS 
AND CONDITIONS SET BY THE DEPARTMENT TO ENSURE FAIR 
SHARING AGREEMENT AND PROTECTION OF THE RIGHTS AND 
OCCUPATIONAL SAFETY AND HEALTH OF ARTISANAL AND 
SMALL-SCALE MINERS; 
 
j) ACCREDIT 
OR 
BLACKLIST 
AN 
AUTHORIZED 
PHILIPPINE 
NATIONAL POLICE BLASTER OR A DULY LICENSED BLASTING 
CONTRACTOR; AND 
 
k) DEPUTIZED EXISTING MULTIPARTITE MONITORING TEAM 
(MMT) AS THE MONITORING ARM OF THE BOARD IN 
COORDINATION WITH THE REGIONAL MINE REHABILITATION 
FUND (MRF) COMMITTEE. IN THE ABSENCE OF AN MRF 
COMMITTEE AND MMT, THE BOARD SHALL CREATE A 
MINAHANG BAYAN MULTIPARTITE MONITORING TEAM; AND 
 
l) Perform such other functions as may be necessary OR REQUIRED BY THE 
SECRETARY to achieve the goals and objective of this Act. 
 
SEC. 7. Section 25 is hereby renumbered and amended to read as follows: 
 


 
12 
 
 
"SECTION 8 [25]. Composition of the Provincial / City ARTISANAL AND 
SMALL-SCALE Mining Regulatory Board. The Board shall be composed 
of the Department REGIONAL DIRECTOR AS CHAIRPERSON WITH 
THE 
GOVERNOR 
OR 
CITY 
MAYOR, 
OR 
A 
DESIGNATED 
REPRESENTATIVE, AS THE CASE MAY BE, AS CO-CHAIRPERSON. 
[of Environment and Natural Resources representative as Chairman; and the 
representative of the governor or city mayor, as the representative of the 
governor or city mayor, as the case may be, one (1) small scale mining 
representative, 
one 
(1) big-scale 
mining 
representative, 
and 
the 
representative from a nongovernment organization who shall come from an 
environmental group, as members.] 
 
THE VICE-CHAIRPERSON SHALL BE ELECTED FROM AMONG THE 
MEMBERS OF THE BOARD REPRESENTING THE PRIVATE SECTOR. 
THE REPRESENTATIVES OF THE SECTOR SHALL COME FROM THE 
ARTISANAL MINERS, SMALL-SCALE MINERS, AND LOCAL 
REPRESENTATIVE FROM THE NATIONAL COALITION OF SMALL-
SCALE MINERS IN THE PHILIPPINES, WITH AT LEAST ONE (1) 
REPRESENTATIVE EACH. IN AREAS WITH A CERTIFICATE OF 
ANCESTRAL DOMAIN TITLE (CADT) OR CERTIFICATE OF 
ANCESTRAL LAND TITLE (CALT), A REPRESENTATIVE OF THE 
INDIGENOUS COMMUNITY, SHALL SIT AS A MEMBER OF THE 
BOARD. 
 
The representatives from the private sector shall be nominated by [their 
respective 
organizations] 
DULY 
REGISTERED 
AND 
MOST 
REPRESENTATIVE organization/s and SHALL be appointed by the 
SECRETARY of the Department [regional director. The Department shall 
provide the staff support to the Board]. THE NOMINATING OR 
DESIGNATING ORGANIZATION SHALL HAVE THE RIGHT OF 
RECALL OF THEIR REPRESENTATIVE IN THE BOARD. 
 
FURTHER, FOR THE GOVERNMENT SECTOR, THE INDIGENOUS 
PEOPLES' 
REPRESENTATIVE 
IN 
THE 
SANGGUNIANG 
PANLALAWIGAN OR PROVINCIAL BOARD, THE REGIONAL 
DIRECTOR OF THE DOLE AND SUCH OTHER IAC-MINES MEMBER-
AGENCIES' REGIONAL DIRECTORS, AS MAY BE NECESSARY, 
SHALL BE EX-OFFICIO MEMBERS OF THE BOARD. 
 
THE APPROPRIATE REGIONAL OFFICE OF THE MGB AND THE 
EMB, IN CLOSE COORDINATION WITH EACH OTHER, SHALL BE 
THE TECHNICAL SUPPORT ARM OF THE BOARD AND HEREIN 
CONSTITUTED AS THE TECHNICAL SUPPORT COMMITTEE OF THE 
BOARD. ADDITIONALLY, THE BOARD SHALL CREATE AS MANY 
COMMITTEES DEEM NECESSARY TO CARRY OUT ITS FUNCTIONS. 
THE SECRETARIAT AND OTHER SUPPORT PERSONNEL SHALL BE 
PROVIDED BY THE LOCAL GOVERNMENT UNIT. 


 
13 
 
 
 
THE BOARD SHALL MEET REGULARLY AT AN INTERVAL IT MAY 
DEEM NECESSARY. IT SHALL GIVE NOTICE OF SUCH MEETING AND 
THE AGENDA, AT LEAST FIFTEEN (15) DAYS BEFORE THE INTENDED 
DATE, TO INFORM THE PUBLIC AND ALLOW THE FILING OF 
MANIFESTATION/APPLICATION, AMONG OTHERS. 
 
SEC. 8. A new Section 9 is hereby provided to read as follows: 
 
"SECTION 9. PANGASIWAANG LOKAL NG MINAHANG BAYAN 
(PLMB). THERE IS HEREBY ESTABLISHED, UNDER THE BOARD, A 
PANGASIWAANG LOKAL NG MINAHANG BAYAN (PLMB) TO 
GROUND MANAGE THE DAY-TO-DAY OPERATIONS OF THE 
MINAHANG BAYAN. IT SHALL BE ESTABLISHED BY THE HOST LGU 
OF MINAHANG BAYAN AND SHALL HOLD OFFICE THERETO. IT 
SHALL SUBMIT DAILY AND MONTHLY MONITORING REPORTS TO 
THE LGU AND THE BOARD. 
 
AS MUCH AS PRACTICABLE, IT SHALL BE HEADED BY A GEOLOGIST 
OR A MINING ENGINEER, OR A GRADUATE AND/OR PRACTITIONER 
OF ANY RELATED FIELDS, WHO SHALL BE APPOINTED BY THE 
PROVINCIAL GOVERNOR OR CITY MAYOR. IT SHALL ALSO HAVE A 
RESEARCH, MONITORING, AND EVALUATION OFFICER (RMEO), IP 
COORDINATOR, 
COMMUNITY 
ORGANIZER, 
SANITARY 
AND 
HEALTH OFFICER, OCCUPATIONAL SAFETY AND HEALTH OFFICER, 
AND SECURITY AND SAFETY COORDINATOR. 
 
IN CASE OF MULTIPLE MINAHANG BAYAN IN ONE PROVINCE OR 
CITY, THE COMPOSITION OR THE NUMBER OF PLMB SHALL 
ACCORDINGLY BE ADJUSTED, IF THE LGU REVENUES FROM 
MINING WOULD ALLOW. 
 
ALL PMLB SHALL PERFORM THE FOLLOWING FUNCTIONS AND 
SUCH OTHER TASKS THAT THEREAFTER MAY BE REQUIRED FOR 
THE EFFECTIVE MANAGEMENT OF THE MINAHANG BAYAN AND 
OPERATIONS OF ARTISANAL AND SMALL-SCALE MINERS THEREIN: 
 
a) ENFORCEMENT OF THE RULES AND REGULATIONS ON A DAY-
TO-DAY BASIS; 
 
b) IMPLEMENT AND ENSURE DAY-TO-DAY OBSERVANCE OF 
OCCUPATIONAL 
SAFETY 
AND 
HEALTH 
AND 
SAFETY 
STANDARDS IN ACCORDANCE WITH EXISTING LAWS AND 
REGULATIONS; 
 
c) SUBMIT A TRAINING PLAN TO THE BOARD COVERING OSH, 
ENVIRONMENTAL PROTECTION, SKILLS UPGRADING AND 
DOWNSTREAM LIVELIHOOD TRAINING; 


 
14 
 
 
 
d) FACILITATE THE CONDUCT OF TRAINING REQUIRED FOR 
LICENSING OF ARTISANAL AND SMALL-SCALE MINERS; 
 
e) MAINTAIN PEACE AND ORDER IN THE MINAHANG BAYAN; 
 
f) EXTEND TECHNICAL ASSISTANCE IN THE DEVELOPMENT OF 
THE 
FOLLOWING 
SUPPORTING 
REQUIREMENTS 
FOR 
PETITION 
AND/OR 
DECLARATION 
OF 
AN 
AREA 
AS 
MINAHANG BAYAN: 
 
1) A FIVE-YEAR LIVELIHOOD DEVELOPMENT PROGRAM 
(LDP) WITH CLEAR OBJECTIVES, TRAINING PLAN AND 
ANNUAL OUTCOME INDICATORS CONTRIBUTING TO 
POVERTY 
REDUCTION 
IN 
THE 
COMMUNITIES 
SURROUNDING THE MINAHANG BAYAN. IT SHALL 
MOBILIZE RESOURCES FROM LIVELIHOOD PROGRAMS 
OF IAC-MINES AGENCIES. 
 
2) POTENTIAL ENVIRONMENTAL IMPACT MANAGEMENT 
PLAN (PEIMP) FOR THE PETITIONED OR TO BE 
DECLARED MINAHANG BAYAN. IT SHALL DESCRIBE 
THE 
EXPECTED 
AND 
CONSIDERED 
ACCEPTABLE 
IMPACT AND SHALL SET UP MITIGATING STRATEGIES 
TO BE APPLIED BASED ON BEST PRACTICES IN 
ENVIRONMENTAL MANAGEMENT IN ARTISANAL OR 
SMALL-SCALE MINING OPERATION. IT SHALL BE BASED 
ON THE ENVIRONMENTAL COMPLIANCE CERTIFICATE 
AND SHALL BE INCORPORATED IN THE WORK 
PROGRAM. 
 
3) A FIVE-YEAR SAFETY AND HEALTH PROGRAM (SHP) 
WITH ANNUAL OUTCOME INDICATORS COVERING THE 
AREA OF OPERATIONS. THE SHP SHALL COMPLY WITH 
THE MGB AND DOLE OSH STANDARDS PURSUANT TO 
REPUBLIC ACT NO. 11058 OR THE OCCUPATIONAL 
SAFETY AND HEALTH LAW OF 2018 AND THE SMALL-
SCALE MINING SAFETY RULES AND REGULATIONS. 
  
g) PROTECT IP RIGHTS AND PROMOTE THEIR GENERAL 
WELFARE AND PRESERVATION OF THEIR CULTURE AND 
TRADITION IN CERTIFICATE OF ANCESTRAL DOMAIN TITLE 
(CADT) AREAS HOSTING THE MINAHANG BAYAN; AND 
 
h) CONDUCT VERIFICATION OF MINERALS FOR SMALL-SCALE 
MINING OPERATION IF WITH AUTHORITY TO VERIFY 


 
15 
 
 
MINERALS IS GRANTED BY THE CONCERNED MGB REGIONAL 
OFFICE. 
 
ALL SMALL-SCALE MINING CONTRACTORS SHALL BE REQUIRED, 
PRIOR TO APPROVAL OF APPLICATION FOR DECLARATION OF A 
MINAHANG BAYAN OR PERMIT TO OPERATE, TO CONSTITUTE 
THEIR 
RESPECTIVE 
PLMB 
COORDINATOR 
THAT 
ENSURES 
OPERATIONAL COMPLIANCE WITH ALL THE REQUIREMENTS AND 
RESPONSIBILITIES 
IMPOSED 
UNDER 
THIS 
ACT 
AND 
ITS 
IMPLEMENTING RULES AND REGULATIONS. THE CONTRACTOR'S 
PLMB COORDINATOR MUST BE APPROVED AND ACCREDITED BY 
THE BOARD FOR CAPACITY BUILDING AND PROPER ORIENTATION 
ON THEIR ROLES AND FUNCTIONS AT THE MINAHANG BAYAN.” 
 
SEC. 9. A new Section 10 is hereby provided as follows: 
 
"SECTION 10. COMMUNITY DEVELOPMENT; DEVELOPMENT OF 
DOWNSTREAM LIVELIHOOD. THE PLMB, WITH THE DTI, DOLE, 
DOST, TESDA, AND DSWD, SHALL ENSURE THE DEVELOPMENT OF 
THE SURROUNDING COMMUNITIES OF THE MINAHANG BAYAN. 
THE OFFICE SHALL, AMONG OTHERS, TRAIN AND DEVELOP 
CAPACITY FROM AMONG THE MINERS, THEIR HOUSEHOLD 
MEMBERS, 
AND/OR 
RESIDENTS 
FROM 
SURROUNDING 
COMMUNITIES 
ON 
SUPPORT 
SERVICES 
OR 
SUSTAINABLE 
DOWNSTREAM LIVELIHOOD SUCH AS JEWELRY-MAKING OR 
ORNAMENT-CRAFTING. SUBJECT TO APPROVAL BY THE BSP, PLMB 
DOWNSTREAM LIVELIHOOD MAY BE ALLOWED TO UTILIZE 
TWENTY PER CENT (20%) OF GOLD PRODUCED BY THE MINAHANG 
BAYAN FOR THE PURPOSE.” 
 
SEC. 10. A new Section 11 is hereby provided as follows: 
 
"SECTION 11. MINES OCCUPATIONAL SAFETY AND HEALTH 
IMPLEMENTATION AND MONITORING.  
 
a) THE PLMB, IN COLLABORATION WITH THE MGB AND DOLE, 
SHALL ENSURE THE PROVISION OF TRAINING AND TECHNICAL 
ASSISTANCE 
TO 
ARTISANAL, 
SMALL-SCALE 
MINERS, 
CONTRACTORS AND PROCESSORS ON OCCUPATIONAL SAFETY 
AND HEALTH STANDARDS IN THE MINES CONSISTENT WITH THE 
PROVISIONS OF REPUBLIC ACT NO. 111058, OR THE OSH LAW. 
 
b) THE MGB AND DOLE, IN COORDINATION WITH THE HOST LGU, 
SHALL SECURE HIGHER LEVEL OF COMPLIANCE BY ALL MINAHANG 
BAYAN WITH LABOR LAWS AND MOSH, AND DEVELOP AN 
INCENTIVE SCHEME TO ENCOURAGE ROBUST AND SUSTAINED 
COMPLIANCE.” 
 


 
16 
 
 
SEC. 11. Section 5 of R.A. 7076 is hereby renumbered and amended as follows: 
 
"SECTION 12[5]. Declaration of MINAHANG BAYAN [People's Small-
Scale Mining Areas]. The SECRETARY, THROUGH THE Board, is 
[hereby] authorized to declare and set aside MINAHANG BAYAN 
[people's small-scale mining] areas in sites onshore DETERMINED BY THE 
BOARD'S 
TECHNICAL 
SUPPORT 
COMMITTEE 
TO 
BE 
TECHNICALLY SUITABLE, ENVIRONMENTALLY SUSTAINABLE 
AND COMMERCIALLY VIABLE [suitable] for ARTISANAL AND/OR 
small-scale mining.  
 
A MINAHANG BAYAN MAY BE ESTABLISHED AND MANAGE BY 
THE LOCAL GOVERNMENT UNIT (LGU), MOTU PROPRIO, OR 
DECLARED BY THE BOARD UPON A PETITION OF A DULY 
REGISTERED 
SMALL-SCALE 
MINING 
ASSOCIATION 
OR 
COOPERATIVE. IN BOTH SITUATION, THE OPERATION OF THE 
MINAHANG BAYAN MUST BE IN COMPLIANCE WITH THE 
PROVISIONS OF THIS ACT AND SUBJECT TO CONTROL AND 
SUPERVISION OF THE SECRETARY, THROUGH THE BOARD. [, 
subject to review by the Secretary, immediately giving priority to areas 
already occupied and actively mined by small-scale miners before August 1, 
1987: Provided, that such areas are not considered as active mining areas: 
Provided, further, that the minerals found therein are technically and 
commercially suitable for small-scale mining activities: Provided, finally, that 
the areas are not covered by existing forest rights or reservations and have 
not been declared as tourist or marine reserved, parks and wildlife 
reservations, unless their status as such is withdrawn by competent 
authority.] 
 
SEC. 12. A new Section 13 is hereby provided to read as follows: 
 
"SECTION 13. CONVERSION OF PRE-EXISTING ARTISANAL OR SMALL-
SCALE MINING AREAS. AREAS ALREADY OCCUPIED AND ACTIVELY 
MINED BY ARTISANAL OR SMALL-SCALE MINERS BEFORE AUGUST 
1, 1987, AS DETERMINED BY THE BOARD, SHALL BE PRIORITY FOR 
CONVERSION INTO A MINAHANG BAYAN: PROVIDED, THAT SUCH 
AREAS ARE NOT CONSIDERED AS ACTIVE MINING AREAS: 
PROVIDED, FURTHER, THAT THE MINERALS FOUND THEREIN ARE 
TECHNICALLY AND COMMERCIALLY SUITABLE FOR SMALL-SCALE 
MINING ACTIVITIES: PROVIDED, FINALLY, THAT IF THE AREAS ARE 
COVERED BY EXISTING FOREST RIGHTS OR RESERVATIONS AND 
HAVE BEEN DECLARED AS TOURIST OR MARINE PARKS AND 
WILDLIFE 
RESERVATIONS, 
CLEARANCE 
OR 
CONSENT 
OR 
WITHDRAWAL OF SUCH STATUS BY COMPETENT AUTHORITY 
SHALL FIRST BE OBTAINED BEFORE THE AREA CAN BE DECLARED 
AS A MINAHANG BAYAN. ARTISANAL OR SMALL-SCALE MINERS 
WHO HAVE BEEN IN ACTUAL OPERATION OF SAID MINERAL LANDS 


 
17 
 
 
SHALL NOT BE DISPOSSESSED, EJECTED OR REMOVED FROM SAID 
AREAS: PROVIDED, THEY COMPLY WITH THE PROVISIONS OF THIS 
ACT.” 
 
SEC. 13. A new Section 14 is hereby provided to read as follows: 
 
"SECTION 14. PROHIBITIONS. OWING TO THE NATURE OF MINING 
AND THE HAZARDS 1T POSES TO PEOPLE, COMMUNITIES, AND THE 
ENVIRONMENT, NO ARTISANAL OR SMALL-SCALE MINING SHALL 
BE ALLOWED OUTSIDE OF THE MINAHANG BAYAN AND NO ENTITY 
SHALL ENGAGE IN SMALL-SCALE MINING ACTIVITY WITHOUT A 
CONTRACT. LIKEWISE, NO PERSON SHALL WORK OR BE HIRED TO 
WORK 
IN 
SMALL-SCALE 
MINING 
AND 
OTHER 
SIMILAR 
OPERATIONS, 
INCLUDING 
FINANCING 
ACTIVITIES, 
UNLESS 
LICENSED BY THE BOARD.” 
 
SEC. 14. Section 6 of R.A. 7076 is hereby renumbered as follows: 
 
"SECTION 15[6]. Future MINAHANG BAYAN [People's Small-Scale 
Mining] Areas. The following lands, when suitable for ARTISANAL 
AND/OR small-scale mining, may be declared by the SECRETARY, 
THROUGH THE Board, as MINAHANG BAYAN [People's Small-Scale 
Mining] areas: 
 
a) Public lands not subject to any existing right; 
 
b) Public lands covered by existing mining rights [which are not active 
mining areas] BUT WITH CONSENT FROM APPROVED MINING 
TENEMENT 
HOLDERS; 
PROVIDED, 
THAT 
EXPLORATION 
PERMITS (EP) WITH NO DECLARATION OF MINING PROJECT 
FEASIBILITY (DMPF) FILED WITHIN THE LAST TERM THEREOF 
SHALL BE OPEN TO ARTISANAL AND/OR SMALL-SCALE 
MINING; and 
 
c) PUBLIC LANDS COVERED BY MINING APPLICATIONS SUCH 
AS: 
 
1) AREAS 
COVERED 
BY 
EXPLORATION 
PERMIT 
APPLICATIONS: 
PROVIDED, 
THAT 
THE 
TOTAL 
PROPOSED AREA FOR MINAHANG BAYAN IS WITHIN 
THE APPLIED EXPLORATION PERMIT AREA AND DOES 
NOT EXCEED TWO (2) MERIDIONAL BLOCKS: PROVIDED, 
FURTHER THAT UPON FILING OF THE PETITION AND 
DUE NOTICE, THE AREA SHALL BE EXCISED FROM THE 
COVERAGE 
OF 
THE 
EXPLORATION 
PERMIT 
APPLICATION: PROVIDED, FINALLY, THAT IF SUCH 
PETITION IS DENIED, THE AREA SHALL BE REVERTED 


 
18 
 
 
TO 
THE 
AFFECTED 
EXPLORATION 
PERMIT 
APPLICATION: OR 
 
2) AREAS COVERED BY DENIED APPLICATIONS FOR 
MINERAL AGREEMENTS BUT WITH PENDING APPEAL 
WITH THE BUREAU OR DEPARTMENT CENTRAL OFFICE: 
PROVIDED, 
THAT 
THE 
PROPOSED 
AREA 
FOR 
MINAHANG BAYAN IS WITHIN THE APPLIED AREA FOR 
MINERAL AGREEMENT AND DOES NOT EXGEED TWO (2) 
MERIDIONAL BLOCKS: PROVIDED, FURTHER, THAT 
UPON DECLARATION OF THE MINAHANG BAYAN, THE 
AREA SHALL BE EXCISED FROM THE COVERAGE OF THE 
APPEALED DENIAL; OR 
 
3) PUBLIC LANDS COVERED BY CANCELLED MINING 
TENEMENTS: PROVIDED, THAT THE SAID TENEMENTS 
WERE CANCELLED ON GROUNDS OF NON-RENEWAL OF 
EXPLORATION PERIOD FOR FIVE YEARS; OR NO 
APPROVED 
EXPLORATION 
WORK 
PROGRAM/ 
EXPLORATION PERIOD: PROVIDED, FURTHER, THAT 
THE CANCELLED TENEMENTS ARE NOT SUBJECT OF 
ANY GOVERNMENT DISPOSITION. 
 
d) Private lands, subject to certain rights and conditions, except those with 
substantial improvements or in bona fide and regular use as a yard, 
stackyard, garden, plant nursery, plantation, cemetery, or burial site, of 
land situated within one hundred meters (100 m.) from such cemetery 
or burial site, water reservoir or a separate parcel of land with an area of 
ten thousand square meters (10,000 sq. m.) or less; 
 
e) AND PUBLIC LANDS WITHIN PROCLAIMED ONSHORE 
MINERAL RESERVATION; PROVIDED, THAT A SMALL-SCALE 
MINING COOPERATIVE SHALL BE GIVEN PREFERENTIAL 
RIGHT TO & MAXIMUM AGGREGATE AREA OF TWENTY-FIVE 
PER CENT (25%) OF SUCH MINERAL RESERVATION, SUSECT TO 
VALID EXISTING MINING/QUARRYING RIGHTS.” 
 
SEC. 15. A new Section 16 is hereby provided to read as follows: 
 
"SECTION 16, AREAS CLOSED TO ARTISANAL AND SMALL-SCALE 
MINING. NO MINAHANG BAYAN SHALL BE DECLARED OR ANY 
ARTISANAL OR SMALL-SCALE MINING SHALL BE ALLOWED IN THE 
FOLLOWING: 
 
a) IN MILITARY AND OTHER GOVERNMENT RESERVATIONS, 
EXCEPT 
UPON 
PRIOR 
WRITTEN 
CLEARANCE 
BY 
THE 
GOVERNMENT AGENCY CONCERNED 


 
19 
 
 
 
b) NEAR OR UNDER PUBLIC OR FRIVATE BUILDINGS, CEMETERIES, 
ARCHAELOGICAL AND HISTORIC SITES, BRIDGES, HIGHWAYS, 
WATERWAYS, RAILROADS, RESERVOIRS, DAMS OR OTHER 
INFRASTRUCTURE PROJECTS, PUBLIC OR PRIVATE WORKS 
INCLUDING PLANTATIONS OR VALUABLE CROPS, EXCEPT UPON 
WRITTEN CONSENT OF THE GOVERNMENT AGENCY OR 
PRIVATE ENTITY CONCERNED; 
 
c) INAREAS COVERED BY VALID AND EXISTING MINING RIGHTS: 
 
d) IN AREAS EXPRESSLY PROHIBITED BY LAW: AND 
 
e) OLD GROWTH OR VIRGIN FORESTS, PROCLAIMED WATERSHED, 
FOREST RESERVES, WILDERNESS AREA, MANGROVE FORESTS, 
MOSSY FORESTS, NATIONAL PARKS, PROVINCIAL MUNICIPAL 
FORESTS, PARKS, GREENBELTS, GAME REFUGE AND BIRD 
SANCTUARIES AS DEINED BY LAW AND IN AREAS EXPRESSLY 
PROHIBITED UNDER THE NATIONAL INTEGRATED PROTECTED 
AREA SYSTEM (NIFAS) UNDER REPUBLIC ACT NO, 7866 AND 
OTHER LAWS.” 
 
SEC. 16. Section 7 of R.A, 7076 is hereby renumbered and amended as follows: 
 
“SECTION 17[7]. Ancestral Lands. No ancestral land WITH A 
CERTIFICATE OF ANCESTRAL DOMAIN (CADT) may be declared as a 
[people's small-scale mining] MINAHANG BAYAN area without [the] 
prior [consent of] CONSULTATION WITH the cultural communities 
concerned: Provided, that, if ancestral lands are declared as MINAHANG 
BAYAN [People's Small-Scale Mining areas], the members of the cultural 
communities therein shall be given priority in the awarding of small-scale 
mining contracts: PROVIDED, FURTHER, THAT REPRESENTATIVES 
OF THE AFFECTED INDIGENOUS CULTURAL COMMUNITIES (ICC) 
/ INDIGENOUS PEOPLES (IP) SHALL BE INVOLVED IN THE AREA 
STATUS AND EVALUATION ASSESSMENT CONDUCTED BY THE 
DEPARTMENT AS PART OF THE FIELD BASED INVESTIGATION; 
PROVIDED, FINALLY, THAT THE ICG/IP SHALL BE ENTITLED TO A 
ROYALTY FEE OF MINIMUM OF ONE PER CENT (1%) OF GROSS 
PRODUCTION.” 
 
SEC. 17. Section 6 of RA. 7076 is hereby renumbered and amended as follows: 
 
“SECTION 18[8]. [Registration] LICENSING of ARTISANAL AND 
Small- Scale Miners. All persons undertaking ARTISANAL OR small-scale 
mining activities shall [register] APPLY FOR & LICENSE WITH THE Board 
[and may organize themselves info cooperatives in order to qualify for the 
awarding of a people's small-scale mining contract] TO WORK IN THE 


 
20 
 
 
MINAHANG BAYAN. A LICENSE SHALL BE ISSUED TO THE 
APPLICANT FREE OF CHARGE UPON COMPLETION OF THE 
MANDATORY 8-HOUR OCCUPATIONAL SAFETY AND HEALTH 
ORIENTATION AND BASIC TRAINING ON ENVIRONMENTALLY 
SUSTAINABLE MINING PRACTICES. SUCH LICENSE SHALL BE 
VALID FOR AT LEAST THREE (3) YEARS, UNLESS SOONER 
REVOKED FOR VIOLATION OF THIS ACT, AND RENEWABLE FOR 
THE SAME PERIOD AFTER COMPLETION OF THE ORIENTATION 
OR TRAINING REQUIREMENTS.” 
 
SEC. 18. A new Section 191is hereby provided to read as follows: 
 
“SECTION 19. ARTISANAL MINING PERMIT; REQUIREMENTS AND 
VALIDITY. ALL DULY LICENSED ARTISANAL MINER, WHETHER AS 
INDIVIDUAL OR IN GROUP, SHALL SECURE FROM THE BOARD A 
PERMIT TO UNDERTAKE ARTISANAL MINING. SUCH PERMIT SHALL 
BE ISSUED UPON COMPLIANCE WITH THE REQUIREMENTS SET BY 
THE BOARD AND CO-TERMINUS WITH THE ARTISANAL LICENSE, 
WHICH'IS FOR A PERIOD OF AT LEAST THREE (3) YEARS AND 
RENEWABLE FOR THE SAME PERIOD UPON VERIFICATION OF 
COMPLIANCE BY THE PLMB AND THE MMT. THE PERMIT SHALL 
SPECIFY THE AREA COVERED FOR THE ACTIVITIES, THE METES AND 
BOUNDS, AND THE CONDITIONS FOR THE GRANT. WHICH 
INCLUDE A PROHIBITION ON THE USE OF MERCURY, CHILD LABOR, 
BLASTING, 
AND 
A 
POST 
MINING 
REHABILITATION 
AND 
RESTORATION OF THE MINED AREAS. VIOLATION OF ANY OF THE 
CONDITIONS OF THE PERMIT SHALL RESULT TO IMPOSITION OF 
PENALTIES FROM FINES TO BLACKLISTING FROM ENGAGING IN 
ANY FORM OF MINING ACTIVITIES.” 
 
SEC. 19. A new Section 20 is hereby provided to read as follows: 
 
“SECTION 20. CONVERSION OF ARTISANAL MINING PERMIT TO 
SMALL-SCALE MINING CONTRACT. ARTISANAL MINERS MAY 
CONVERT THEIR MINING PERMIT TO SMALL-SCALE MINING 
CONTRACT, SUBJECT TO COMPLIANCE WITH THE REQUIREMENTS, 
FOR SMALL-SCALE MINING UNDERTAKINGS.” 
 
SEC. 20. Section 9 of R.A. 7076 is hereby renumbered and amended as follows: 
 
“SECTION 21[9]. Award of [People's] Small-Scale Mining Contracts. 
[people's] Small-scale mining contract may be awarded by the Board to 
small-scale miners who have voluntarily organized and [have] duly 
registered with the appropriate government agency as [an individual miner] 
ASSOCIATION cooperative: Provided, that THE ASSOCIATION OR, 
COOPERATIVE IS ALSO REGISTERED WITH THE BOARD AND ALL 
MEMBERS ARE DULY LICENSED SMALL-SCALE MINERS. 


 
21 
 
 
 
Only one (1) [people's] small-scale mining contract [may] SHALL be 
awarded at any ono time to AN ASSOCIATION OR COOPERATIVE [a 
small-scale mining operations within one (1) year from the date of award. 
Provided, further, that priority). SUCH CONTRACT shall ONLY be given to 
ASSOCIATION OR COOPERATIVE OF small-scale miners residing in the 
province or city where the small-scale mining] is located 
 
Applications for a contract shall be subject io a reasonable fee to be paid to 
the Department’s [of Environment and Natural Resources] regional office 
having jurisdiction over the area. IN NO CASE, HOWEVER, SHALL THE 
FEE AND COMPLIANCE REQUIREMENTS BE EQUAL TO OR HIGHER 
THAN THOSE REQUIRED FROM LARGE-SCALE MINING. ALL 
AGENCIES INVOLVED IN REGULATING SMALL-SCALE MINING 
OPERATION SHALL BE STREAMLINED WITH THE BOARD'S OFFICE 
SERVING 
AS 
ONE-STOP-SHOP 
TO 
FACILITATE 
THE 
FORMALIZATION 
OF 
SMALL-SCALE 
MINING 
OPERATIONS, 
INCLUDING EASE IN ENSURING ENVIRONMENTAL PROTECTION, 
DECENT WORK AND OCCUPATIONAL SAFETY AND HEALTH. THE 
CONTRACT SHALL BE FOR A PERIOD OF FIVE (5) YEARS AND 
RENEWABLE FOR THE SAME, PERIOD UPON VERIFICATION OF 
COMPLIANCE AND RECOMMENDATION BY THE BOARD'S 
TECHNICAL COMMITTEE.” 
 
SEC. 21. Section 13 of RA. 7078 is hereby renumbered as follows: 
 
“SECTION 22[13]. Terms and Conditions of the SMALL-SCALE MINING 
Contract. A contract shall have a term of [two (2)] FIVE (5) years AND 
renewable FOR THE SAME PERIOD [subject for verification by the Board 
for like periods as long as the contractor], UPON VERIFICATION AND 
RECOMMENDATION BY THE BOARD'S TECHNICAL COMMITTEE 
[complies with the provisions set forth in this Act. [and]. THE CONTRACT 
confers upon the contract[or] HOLDER the right to mine within the 
MINAHANG BAYAN [contract area: provided, that the holder of a small- 
scale mining contract shall have] AND IN ADDITION TO SECTIONS ---
AND—, SHALL OBSERVE the following duties and obligations: 
 
a) Undertake mining activities only in accordance with THE DULY 
APPROVED FIVE-YEAR WORK PROGRAM [a mining plan duly 
approved by the Band]; 
 
b) Abide by the Mines and Geosciences Buresu and the small-scale 
Mining Safety Rules and Regulations; 
 
c) NOT UNDERTAKE HYDRAULICKING OR COMPRESSOR 
MINING AT ANY STAGE OF THE SMALL-SCALE MINING; 
 


 
22 
 
 
d) NOT USE MERCURY IN ANY PHASE OF SMALL-SCALE 
MINING; 
 
e) Comply with [his] obligations to the holder of an existing mining right; 
 
f) Pay all taxes, royalties or government production share as may 
hereafter be provided by law; 
 
g) Comply with pertinent rules and regulations an environmental 
protection and conservation, particularly those on tree-cutting 
mineral-processing and pollution control 
 
h) File under oath at the end of each month a detailed production and 
financial report at the Board; [and] 
 
i) Assume 
responsibility 
[for] 
IN 
ENSURING 
[the 
_ 
safety] 
OCCUPATIONAL SAFETY AND HEALTH, AND SOCIAL WELFARE 
BENEFITS of persons working in the mines, INCLUDING A FAIR 
AND 
EQUITABLE 
SHARE 
IN 
CASE 
OF 
SHARING 
COMPENSATION SCHEME WITH FINANCIER; 
 
j) USE OF ECO-FRIENDLY LEACHING REAGENT IN MINERAL 
PROCESSING 
SUBJECT 
TO 
LICENSING 
BY 
THE 
ENVIRONMENT MANAGEMENT BUREAU FOR THE USE OF 
REAGENTS; 
 
k) ENGAGE ONLY AUTHORIZED AND BOARD ACCREDITED 
PNP BLASTER OR CONTRACTOR: AND, 
 
l) ENSURE NON-ENGAGEMENT OF CHILD LABOR IN THE 
MINING ACTIVITIES. 
 
SEC. 22. Section 10 of RA. 7076 is hereby renumbered and amended as follows: 
 
“SECTION 23[10]. Extent of Contract Area. The Board shall determine the 
reasonable size and shape of the contract area following the meridional block 
system established under [Presidential Decree No. 483. as amended, 
otherwise known as the Mineral Resources Development Decree of 1974,] 
REPUBLIC ACT NO. 7942 but in no case shall the area exceed twenty 
hectares (20 has.) per contractor and the depth or length of the tunnel or adit 
not exceeding that recommended by the [director] MGB TECHNICAL 
TEAM taking into account the following circumstances: 
 
a) Size of membership and capitalization of the cooperative of association; 
b) Size of mineralized area; 
c) Quantity of mineral deposits: 
d) Safety of miners: 


 
23 
 
 
e) Environmental impact [and other considerations]; and 
f) Other related circumstances” 
 
SEC. 23. A new Section 24 is hereby provided to read as follows 
 
“SECTION 24. EXEMPTION OF ARTISANAL AND SMALL-SCALE 
MINING OPERATIONS FROM EXCISE TAX. THE SALE TO THE BSP OF 
GOLD SOURCED FROM ARTISANAL AND SMALL-SCALE MINING 
SHALL BE EXEMPT FROM EXCISE TAG IN ACCORDANCE WITH 
‘SECTION 26 AND 3 OF REPUBLIC ACT NO. 11256.” 
 
SEC. 24. A new Section 25 is hereby provided to read as follows: 
 
"SECTION 25. SALE OF GOLD. ALL GOLD PRODUCED BY ARTISANAL 
AND SMALL-SCALE MINERS SHALL BE SOLD TO THE BANGKO 
SENTRAL NG PILIPINAS (SP), OR TO ANY OF ITS DULY AUTHORIZED 
REPRESENTATIVE OR BUYING STATION, WHICH SHALL BUY AT 
COMPETITIVE PRICES WITH THOSE PREVAILING IN THE WORLD 
MARKET REGARDLESS OF VOLUME OR WEIGHT, FOR THIS 
PURPOSE, THE BSP SHALL ESTABLISH AS MANY BUYING STATION 
AS POSSIBLE, AND AT ITS DISCRETION, MAY ACCREDIT TRADERS 
OR ALLOW SALE OF GOLD TO BSP LICENSED BUYERS TO FULLY 
SERVICE THE REQUIREMENTS OF MINERS.” 
 
SEC. 25. Section 12 of RA. 7076 is hereby renumbered and amended, as follows: 
 
“SECTION 26[12]. Rights Under a [People's] Small-Scale Mining Contract. 
A [people's] small-scale mining contract entitles the small-scale mining 
contractor [to] the right to mine GOLD, SILVER, CHROMITE AND SUCH 
OTHER METALLIC MINERALS LIKE ZINC, NICKEL, IRON, COPPER 
AND MANGANESE, extract, and dispose of ALL mineral ores for 
commercial purposes ON CONDITION THAT GOLD SHALL BE SOLD 
PURSUANT TO SECTION __ OF THIS ACT. FURTHER, in no case shall 
a small-scale mining contract be subcontracted, assigned, or [otherwise] 
transferred, 
OR 
THE 
EXTRACTED 
GOLD 
BE 
SOLD 
TO 
UNAUTHORIZED BUYERS OR IN THE BLACK MARKET.” 
 
SEC. 26. Section 11 of LA. 7076 is hereby renumbered and amended.as follows: 
 
“SECTION 27[11]. Easement Rights. Upon the declaration of a 
MINAHANG BAYAN, [people's small-scale mining area, the director THE. 
BOARD, in consultation with the operator, APPROVED MINING 
TENEMENT HOLDER, [claim owner] landowner or lessor of an affected 
area, shall determine the right of the small-scale miners to existing facilities 
such as mining and logging mads, private roads, port and communication 
facilities, processing plants, which are necessary for the effective 
OPERATION OF THE MINAHANG BAYAN. [implementation of the 


 
24 
 
 
People Small-Scala Mining Program, subject to] THE SMALL-SCALE 
MINERS, UPON PAYMENT OF JUST COMPENSATION SHALL BE 
ENTITLED TO ENTER AND OCCUPY SAID MINING AREAS OR 
LANDS.” [reasonable to the operator, claim-owner, landowner, or lessor.] 
 
SEC. 27. Section 14 of R.A. 7076 is hereby renumbered as follows: 
 
“SECTION 28[14]. Rights of Claim-owners. In case a site declared and set 
aside as a [people's-scale mining area] MINAHANG BAYAN is covered by 
an existing mining right, the claim-owner and the small-scale miners therein 
are encouraged to enter into a voluntary and acceptable contractual 
agreement with respect to the small-scale utilization of the mineral values 
from the area under claim. In case of disagreement, the claim-owner shall be 
entitled to the following rights and privileges: 
 
a. Exemption from the performance of annual work obligations and 
payment of occupation fees, rental, and real property taxes; 
 
b. Subject to the approval of the Board, free access to the contract area 
conducts metallurgical tests, explorations, and other activities, provided 
such activities do not unduly interfere with the operations of the small-
scale miners, and 
 
c. Royalty equivalent to one end one half pervert (1 1/2%) of the grass value 
of the metallic mineral output or one percent (1%} of the gross value of 
the nonmetallic mineral output to be paid to the claim owner: Provided, 
that such rights and privileges shall be available only if [he] THE CLAIM 
OWNER is not delinquent [and other performance of his] WITH THE 
annual work obligations and other requirements for the last two (2) years 
prior to the effectivity of this Act.” 
 
SEC. 28. Section 15 of R.A, 7071 is hereby renumbered as follows: 
 
“SECTION 29[15]. Rights of Private Landowners.” The private landowner 
or lawful possessor shall be notified of any plan or petition to declare [his] 
THE land OR PART THEREOF as a [people's small-scale mining area] 
MINAHANG BAYAN. Said landowner may oppose such plan or petition 
in an appropriate proceeding and hearing conducted before the Board. 
 
If a private land OR PART THEREOF is declared as a [people's small-scale 
area] MINAHANG BAYAN area, the owner and the small-scale mining 
contactor are encouraged to enter into a voluntary and acceptable 
contractual agreement for the small-scale utilization of the mineral values 
from the private land: Provided, that the owner shall in all cases be entitled 
to the payment of actual damages [which ha may suffer] as a result of such 
declaration: Provided, further, that royalties paid to the owner shalt in no 


 
25 
 
 
case exceed one percent (1%) of the gross value of the minerals recovered.” 
[as royalty.] 
 
SEC. 29. Section 16 of RA. 7076 is hereby renumbered as follows: 
 
“SECTION 30[16]. Ownership of [Millings] MILL TAILINGS. The small-
seals mining contractor shall be the owner of all millings] TAILINGS, 
produced from the contract area. He may sell athelings or have them 
processed in any custom mill the area: Provided, that, if the small-scale mining 
contractor decide to sell is millings, the claim owner shall have a preemptive 
right io purchase said ratings at the prevailing market price.” 
 
SEC. 30. A new Section 31 is hereby provided as follows: 
 
“SECTION 31. TRANSPORT OF ORE BEARING MATERIALS AND MILL 
TAILINGS. THE DEPARTMENT SHALL PROMULGATE GUIDELINES 
FOR THE TRANSPORT OF ORE EXTRACTED FROM AN ISSUED 
SMALL-SCALE 
MINING 
CONTRACT 
WITHIN 
A 
DECLARED 
MINAHANG BAYAN AREA AND MILL TAILINGS PRODUGED 
MINERAL PROCESSING ZONE.” 
 
SEC. 31. A new Section 32 is hereby provided as follows: 
 
“SECTION 32. MINE WASTE AND TAILINGS FEE. MINE WASTE 
TAILINGS (MWT) FEE SHALL BE COLLECTED ANNUALLY FROM 
EACH CONTRACTOR/LICENSEE. THE MWT FEE SHALL ACCRUE TO 
THE MWT RESERVED FUND EXCLUSIVELY FOR PAYMENT OF 
DAMAGES TO:  
 
a) LIVES AND PERSONAL SAFETY; 
b) LANDS, AGRICULTURAL CROPS AND FOREST PRODUCTS, 
MARINE 
LIFE 
AND AQUATIC 
RESOURCES, 
CULTURAL 
RESOURCES; AND. 
 
c) INFRASTRUCTURE 
AND 
THE 
REVEGETATION 
AND 
REHABILITATION OF SILTED FARMLANDS AND OTHER 
AREAS DEVOTED TO AGRIGULTURF AND FISHING CAUSED 
BY SMALL-SCALE MINING POLLUTION.” 
 
SEC. 32. Section 21 of R.A, 7076 is hereby renumbered as follows: 
 
“SECTION 33[21]. Rescission of Contracts and Administrative Fines. The 
non-compliance with the terms and conditions of the contract or violation of 
the rules and regulations issued by the Secretary pursuant to this Act, as well 
as the abandonment of the mining site by the contractor, shall constitute a 
ground for the cancellation of the contract and the ejectment from the 
[people's small-scale mining] MINAHANG BAYAN area of the contractor. 


 
26 
 
 
In addition, the Secretary may impose fines against the violator in an amount 
of ‘not less than [Twenty Thousand Pesos (P20.000.00)] FIFTY THOUSAND 
PESOS (P50,000.00) and not more than One Hundred Thousand Pesos 
(P100,000.00). Non-payment of the fine imposed shall render the small-scale 
mining contractor PERPETUALLY ineligible for ANY [other small-scale] 
mining contracts.” 
 
SEC. 33. Section 22 of R.A. 7076 is hereby renumbered as follows: 
 
“SECTION 24[22]. Reversion of MINAHANG BAYAN [People's Small- 
Scale] Mining Areas. The Secretary, upon recommendation of the Director 
AND 
CONSULTATION 
WITH 
THE 
WOULD-BE 
AFFECTED 
STAKEHOLDERS, shall withdraw the status OR DECLARATION of [the 
people's small-scale mining] MINAHANG BAYAN area when it can no 
longer feasibly BE operated on a small-scale mining basis or when the safety, 
health and environmental conditions warrant hat the same shall revert to the 
State for proper disposition.” 
 
SEC. 34. Section 18 of RA 7076 is hereby renumbered as follows: 
 
“SECTION 35[18]. MINERAL PROCESSING [Custom Mills]. The 
establishment and operation of safe and efficient customs mills to process 
minerals or ore-bearing materials shall be limited to mineral processing zones 
duly 
designated 
by 
the 
local 
government 
unit 
concerned 
upon 
recommendation of the Board, 
 
In mining areas where the private sectors unable to establish custom mils, the 
DEPARTMENT OF TRADE AND INDUSTRY (DTI) [Government] shall 
construct such custom mills AS A SHARED FACILITY upon the 
recommendation of the Board based on the viability of the project. 
 
The Board shall issue licenses for the operation of custom mills and other 
processing plants subject to pollution control and safety standards. 
 
‘The Department shall establish assay laboratories to cross-check the integrity 
of custom mils and to render metallurgical and laboratory services to miners. 
 
[Custom mills] MINERAL PROCESSOR'S LICENSEES shall be constituted 
as withholding agents for the royalties, production share or other taxes due 
the Government.” 
 
SEC. 35. Section 19 of R.A. 7076 is hereby renumbered as follows: 
 
“SECTION 36[19]. Government Share and Allotment. The revenue to be 
derived by the Government from the operation of the mining program herein 
established shall be subject to the sharing provided in the Local Government 
Code.” 


 
27 
 
 
 
SEC. 36. Section 20 of R.A. 7076 is hereby renumbered as follows: 
 
“SECTION 37[20]. (People’s) ARTISANAL AND Small-Scate Mining 
[Protection] SOCIAL AMELIORATION Fund. There is hereby created a 
[People's] 
ARTISANAL 
AND 
Small-scale 
Mining 
SOCIAL 
AMELIORATION [Protection] Fund which shall be fifteen percent (15%) of 
the national government's share [due the Government which shall] TO be 
used primarily for ARTISANAL AND SMALL-SCALE MINERS ON: 
 
a. Information dissemination ON GOOD MINING PRACTICES; 
 
b. Training, including benchmarking, [of small-scale miners] on safety, 
health and environmental protection, AND MODERN METHODS ON 
MINERAL EXTRACTION; 
 
c. Establishment of mine rescue and recovery teams including the 
procurement of rescue equipment necessary in cases of emergencies such 
as landslides, tunnel collapse, or the like; 
 
d. ESTABLISHMENT OF ARTISANAL AND SMALL-SCALE MINING 
SHARED FACILITIES IN MINING AREA DETERMINED TO BE 
APPROPRIATE; 
 
e. IMPLEMENTATION OF SOCIAL AND ECONOMIC PROGRAMS 
FOR THE ARTISANAL AND SMALL-SCALE MINERS; AND 
 
f. [The fund shall also be made available to address the needs of the] 
FINANCIAL AID TO artisanal and small-scale miners [brought about] 
AFFECTED by accidents and/or fortuitous events, AS MAY BE 
RECOMMENDED BY THE ASM TRIPARTITE COMMITTEE (ASM-
TC), AS CREATED HEREIN. 
 
FOR THIS PURPOSE, AN ASM INDUSTRY TRIPARTITE COMMITTEE 
(ASM-TC) IS HEREBY CREATED TO ACT AS THE ADVISORY BODY ON 
THE 
USE 
OF 
THE 
ASM 
SOCIAL 
AMELIORATION 
FUND. 
REPRESENTATIVES OF THE DEPARTMENT AND DOLE SHALL BE EX- 
OFFICIO PRESIDING HEADS OF THE COMMITTEE WITH MEMBERS 
FROM THE ARTISANAL MINERS AND SMALL-SCALE MINERS, 
ENVIRONMENTAL NGO AND LGU, BUT IN NO CASE SHALL THAT 
THE TOTAL MEMBERSHIP SHALL EXCEED TEN (10).” 
 
SEC. 37. Section 23 of RA. 7076 is hereby deleted and its provision is fused with 
Section 13: 
 


 
28 
 
 
[Section 28. Actual Occupation by Small-Scale Miners. Small-scale miners 
who have been in actual operation of mineral lands on or before August 4, 
1987 as determined by the Board shall not be dispossessed, ejected, or 
removed from said areas: provided, that they comply with the provisions of 
this Act] 
 
SEC. 38. Section 24 of R.A. 7076 is hereby deleted and is provision transposed 
as Section 6 
 
[Section 24. Provincial/City Mining Regulatory Board. There is hereby 
created under the direct supervision and control of the Secretary a 
provincial/city mining regulatory board, herein called the Board, which 
shall be the implementing agency of the Department, and shall exercise the 
following powers and functions, subject to review by the Secretary: 
 
a. Declare and segregate existing gold-rush areas for small scale mining; 
 
b. Reserve future gold and other mining areas for small-scale mining: 
Award contracts to small-scale miners; 
 
c. Formulate and implement rules and regulations related to small-scale 
mining; 
 
d. Sottie disputes, conflicts, or litigations over conflicting claims within 
people's small-scale mining area, an area that is declared a small-mining; 
and 
 
e. Perform such other functions as may be necessary to achieve the goals 
and objectives of this Act.] 
 
  
SEC. 39. Section 25 of RA. 7076 is hereby deleted and its provision transposed as 
Section 7. 
 
[Section 25. Composition of the Provincial/City Mining Regulatory Board. 
The Board shall be composed of the Department of Environment and 
Natural Resources representative as Chairman; and the representative of the 
governor or city mayor, as the representative of the governor or city mayor, 
as the case may be, one (1) small scale mining representative, one (1) big-
scale mining representative, and the representative from a government 
organization who shall come from an environmental group, as members. 
 
The representatives from the private sector shall be nominated by their 
respective organizations and appointed by the Department regional 
director. The Department shall provide the staff support to the Board.] 
 


 
29 
 
 
SEC. 40. Section 26 RA 7076 is hereby fused with Sections 6 and 27. 
 
[Section 26. Administrative Supervision over the People's Small-scale 
Mining Program. – The Secretary through his representative shall exercise 
direct supervision and control over the program and activities of the small- 
scale miners within the people's small-scale mining area. 
 
The Secretary shall within ninety (90) days from the effectivity of this Act 
promulgate rules and regulations to effectively implement the provisions of 
the same. Priority shall be given to such rules and regulations that will 
ensure the least disruption in the operations of the small-scale miners.] 
 
SEC. 41. Section 27 is hereby amended and renumbered as follows: 
 
“SECTION 37 [27]. Penal Sanctions. Violations of the provisions of this Act 
of the rules and regulations issued pursuant hereto shall be FINED OF NOT 
LESS THAN FIFTY THOUSAND PESOS (P50,000.00) BUT NOT MORE 
THAN FIVE MILLION PESOS (PS,000,000.00) AND/OR penalized with 
imprisonment of not less than six (6) months nor more than six (6) years, OR 
BOTH SUCH FINE AND IMPRISONMENT, AT THE DISCRETION OF 
THE COURT, and shall include the confiscation and seizure of equipment, 
tools, 
and 
instruments. 
IN 
ADDITION, 
DAMAGES 
AND 
COMPENSATION FOR THE MINERALS REMOVED AND EXTRACTED, 
AND THE REHABILITATION OF THE DISTURBED AREA'S SHALL BE 
IMPOSED, 
 
IN CASE OF ASSOCIATION, COOPERATIVE, CORPORATION OR 
PARTNERSHIP, THE PRESIDENT, GENERAL MANAGER OF THE 
COOPERATIVE AND/OR ASSOCIATION, AND THE BOARD OF 
DIRECTORS SHALL BE SOLIDARY LIABLE FOR THE OFFENSE 
COMMITTED 
WHETHER 
PUNISHABLE 
WITH 
A 
FINE 
OR 
IMPRISONMENT. 
 
FOREIGN NATIONALS WHO VIOLATE THE PROVISIONS OF THIS 
ACT SHALL, UPON PAYMENT OF IMPOSABLE FINES AND DAMAGES, 
BE SUBJECT TO SUMMARY DEPORTATION PROCEEDINGS BY THE 
BUREAU OF IMMIGRATION AND SHALL BE PERMANENTLY 
BARRED FROM RE-ENTERING THE COUNTRY. 
 
FOR THIS PURPOSE, THE IAC-MINES SHALL ISSUE A LIST OF 
PROHIBITED ACTS WITH CORRESPONDING ADMINISTRATIVE 
FINES AND/OR IMPRISONMENT DEPENDING ON THE SEVERITY 
AND DAMAGE CAUSED TO THE ENVIRONMENT AND THE 
COMMUNITY, WITHOUT PREJUDICE TO THE APPLICATION OF 
RELEVANT 
LAWS 
PENALIZING 
CRIMES 
AGAINST 
THE 
ENVIRONMENT.” 
 


30 
SEC. 42. A new Section 38 is hereby provided: 
“SECTION 
38. 
SUBMISSION 
OF 
ANNUAL 
REPORT. 
THE 
DEPARTMENT 
SHALL 
SUBMIT 
AN 
ANNUAL 
REPORT 
TO 
CONGRESS, WITHIN THIRTY (30) DAYS FROM END OF EACH 
CALENDAR YEAR, DETAILING THE NUMBER OF ARTISANAL AND 
SMALL-SCALE MINERS 
NATIONWIDE, NUMBER OF EXISTING MINAHANG BAYAN, ISSUES 
AN CONCERNS ON COMPLIANCE WITH OCCUPATIONAL SAFETY 
AND HEALTH IN THE MINES, DECENT WORK OBSERVANCE, 
SOCIO - ECONOMIC AND ENVIRONMENTAL IMPROVEMENTS — 
AND ACCOMPLISHMENTS AND PLANS OF THE IAC-MINES.” 
SEC. 43. Implementing Rules and Regulations. The Secretary shall, in 
consultation with the DILG, DOLE, DTI and small-scale mining stakeholders, 
promulgate the rules and regulations to effectively implement the provisions 
within ninety (90) days from the effectivity of this Act. Priority shall be given to 
such rules and regulations of the small-scale miners.  
SEC. 
44. 
Repeating 
Clause. 
All 
laws, 
decrees 
INCLUDING 
PRESIDENTIAL DEGREE NO. 1898, AMONG OTHERS, letters of instruction, 
executive orders, rules and regulations, and other issuances, of parts thereof, in 
conflict or inconsistent with this Act are hereby repealed or modified accordingly. 
SEC. 45. Separability Clause. Any section or provision of this Act which may 
be declared unconstitutional shall not affect the other sections or provisions 
hereof. 
SEC. 46. Effectivity. This Act shall take effect fifteen (15) days after its 
publication 
in the Official Gazette or in a national newspaper of general circulation. 
Approved,