PERSONS WITH DISABILITIES

ISSUES

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 don’t know to

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 doesn’t bother to receive or understand what the disabled person is communicating.  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 non-disabled 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 world’s 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, self-development 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

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.

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

passed and still have to go through the legislative mill.

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

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 EXEMPTIONMedical-related privilegesDomestic transportation privilegesHotels, restaurants, recreational centers, and places of leisure, and funeral servicesRecreations centersAdmission fees privilegeFuneral and burial services

OTHER PRIVILEGESIncome tax exemptionExemption from training feesFree medical and dental services in government facilitiesFree vaccinations for indigent senior citizensEducational privilegesBenefits and privileges for retirees

Privileges on granting special discounts in special programsExpress lanes privileges

Employment

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 DOST-Technology 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 DOST-TRC, the Technical Education and Skills Development Authority (TESDA), and the Commission on Higher Education (CHED), in consultation with non-governmental organizations (NGOs) and people’s 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

e) Conduct continuing research and development program for the necessary and relevant education of the senior citizens.

Health

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; andProvision 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

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.

Women and Politics

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

multiple burdens and lack of political education and support from political parties. To address these concerns and make women’s 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 country’s 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.

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 woman’s life.

LAWS

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 THIRTY-FIVE 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:

    "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 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 Macapagal-Arroyo on August 14, 2009.

Salient provisions

Women’s 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 medico-legal, legal services, and social work services availed of by women who are victims of gender-related 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 fifty-fifty (50-50) gender balance.” (Section 10A)

“All local government units shall establish a Violence Against Women’s 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“ People’s Small-Scale Mining Act (1991)”

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.

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), “People’s Small-Scale Mining Act.”

Overview of the Law

Republic Act No. 7076 (1991), otherwise known as the “People’s 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.

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.

Under RA 7076, no ancestral land may be declared as a people’s 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.

Highlights

It’s 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; and5. 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. 7942Mining 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 MINING operates under the following terms:

• Mining is a temporary land use for the creation of wealth, leading to an optimum land use in post-mining 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 environment-responsible 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.

• Conservation of minerals is effected not only through technological efficiencies of mining operations but also through the recycling of mineral-based products, to effectively lengthen the usable life of mineral commodities.

• The granting of mining rights shall harmonize existing activities, policies and programs of the Government that directly or indirectly promote self-reliance, 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.

Role of Local Governments

The IRR highlights the role of local government units (LGUs) in mining projects, both as 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:

• 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 Small-Scale Mining Act (RA 7076), the LGUs shall be responsible for the issuance of permits for small-scale mining and quarrying operations, through the Provincial/City Mining RegulatoryBoards (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);

• 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.

Areas Closed to the Mining Operation

Pursuant to the Mining Act of 1995 and in consonance with State policies and existing laws, areas may either be closed to mining operations, or conditionally opened, as follows:

Areas CLOSED to mining applications:

• Areas covered by valid and existing mining rights and applications;

• 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 theconcerned 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. However, mining applications for sand and gravel shall require no such consent;

• DENR Project areas upon prior consent from the concerned agency.

Ancestral Lands and ICC Areas

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 newIndigenous 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/CALCarea. (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 includeroads and bridges, school buildings, churches, recreational facilities, housing facilities, water and power supplies, etc.;

• 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 thatmining operations shall maximize the utilization of local goods and services, the creation of self-sustaining generating activities, and skills-development.

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 acceptedstandards 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 well-maintained 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 mining/contract area which shall set the level of priorities and marshal the resources needed toimplement environmental management programs;

• 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;

• 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 contractorthe 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/CityMining 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.