PMRBPMRB

Reconstitution andReconstitution and

ItsIts OperationOperation

Ruben G. SorianoRuben G. Soriano

MGB, R1MGB, R1

Outline of PresentationOutline of Presentation

1.1. Laws and Policies on the Devolution of Laws and Policies on the Devolution of MGB, DENR FunctionsMGB, DENR Functions

2.2. Mandate and Functions of the PMRBMandate and Functions of the PMRB

3.3. Devolved Functions of the MGBDevolved Functions of the MGB

4.4. Operationalization of the PMRBsOperationalization of the PMRBs

5.5. Reconstitution of the PMRBsReconstitution of the PMRBs

Laws and Policies on the Devolution of Laws and Policies on the Devolution of MGB, DENR FunctionsMGB, DENR Functions

RA 7160 The Local Government Code of 1991

RA 7076 An Act Creating a Peoples Small-Scale Mining Program and for Other Purposes

RA 7942 The Philippine Mining Act of 1995

CDAO 2010-21 Consolidated IRR of RA 7942

DAO 92-30 Guidelines for the Transfer and Implementation of DENR Functions Devolved to the LGUs

DAO 92-37 Amending certain provisions of DAO No. 30, s. 1992 re: Guidelines for the Transfer and Implementation of DENR Functions Devolved to the LGUs

DENR MC 97- 05 Procedural Guidelines in the Creation of P/CMRB

Mandate of the P/CMRBMandate of the P/CMRBSect. 24, R. A. No. 7076Sect. 24, R. A. No. 7076

There is hereby created under theThere is hereby created under thedirect supervision and control of thedirect supervision and control of theSecretary a Secretary a P/CMRB which shall be theP/CMRB which shall be theimplementing agency of the Departmentimplementing agency of the Departmentand shall exercise powers and and shall exercise powers and functions, subject to the review byfunctions, subject to the review bythe Secretary:the Secretary:

Sect. 24, R. A. No. 7076Sect. 24, R. A. No. 7076

1.1. Declare and segregate Declare and segregate existing gold-rush areas for existing gold-rush areas for small-scale mining.small-scale mining.

2.2. Reserves for the future,Reserves for the future, mineralized areas / mineralmineralized areas / mineral lands for small-scale mininglands for small-scale mining

3.3. Award contracts to small-Award contracts to small-scale miners.scale miners.

4.4. Formulate and implement Formulate and implement rules and regulations related rules and regulations related to small-scale miningto small-scale mining

5.5. Settle disputes, conflicts or Settle disputes, conflicts or litigations over conflicting litigations over conflicting claims within PSSMAclaims within PSSMA

6.6. Perform such other Perform such other functions as may be functions as may be necessary to achieve the necessary to achieve the goals and objectives of this goals and objectives of this Act.Act.

Sec. 70, CDAO 2010-21Sec. 70, CDAO 2010-21

1. Accept, process and 1. Accept, process and evaluate applications evaluate applications for Quarry, Sand and for Quarry, Sand and Gravel, Guano, Gravel, Guano, Gemstone Gathering Gemstone Gathering and Small-Scale Mining and Small-Scale Mining Permits duly filed with Permits duly filed with the same.the same.

2. Determine 2. Determine administrative charges administrative charges and fees for the saidand fees for the said

Permits.Permits.

Functions Functions of the PMRBof the PMRB

Composition of the P/CMRB:Composition of the P/CMRB:Sect. 25, R.A. No. 7076 and Sect. 70, CDAO 2010-21Sect. 25, R.A. No. 7076 and Sect. 70, CDAO 2010-21

MGB MGB Regional Director/Rep. Regional Director/Rep. - - ChairmanChairman

Governor/City Mayor/Rep. Governor/City Mayor/Rep. - - V. ChairmanV. Chairman

Large-Scale Mining Rep.Large-Scale Mining Rep. - - MemberMember

Small-Scale Mining Rep.Small-Scale Mining Rep. - - MemberMember

DENR-duly accreditedDENR-duly accredited environmental NGO Rep.environmental NGO Rep. - - MemberMember

The MGB Regional Office shall provide the Technical Secretariat to the PMRB

Local Gov’t. Code of 1991 (RA 7160Local Gov’t. Code of 1991 (RA 7160))

xxx They shall also discharge the functions xxx They shall also discharge the functions and responsibilities of national agencies and and responsibilities of national agencies and offices offices devolveddevolved to them pursuant to this Code to them pursuant to this Code

Section 17 of RA 7160 Section 17 of RA 7160

Pursuant to national policies and subject to Pursuant to national policies and subject to supervision, control and review of the DENRsupervision, control and review of the DENR, , enforcement of enforcement of xxx laws xxx limited to xxx xxx laws xxx limited to xxx pollution control laws, pollution control laws, small-scale mining laws small-scale mining laws and other laws on the protection of the and other laws on the protection of the environmentenvironment, xxx, xxx Section 17 b.3.iii of RA 7160Section 17 b.3.iii of RA 7160

1.1. Enforcement of small-scale mining Enforcement of small-scale mining laws involving areas not declared as laws involving areas not declared as govt. mineral reservationsgovt. mineral reservations, subject to , subject to policies, standards and guidelines of policies, standards and guidelines of the DENRthe DENR

Devolved Functions of the MGBDENR DAO 92-30 as amended by DAO 92-37

Devolved Functions of the MGBDevolved Functions of the MGBDENR DAO 92-30 as amended by DAO 92-37DENR DAO 92-30 as amended by DAO 92-37

2.2. Issuance of permit for guano collection, Issuance of permit for guano collection, special permits for pebble picking and to special permits for pebble picking and to extract sand, gravel and other quarry extract sand, gravel and other quarry resources resources . . . . , the permits thereof shall . . . . , the permits thereof shall be issued by the Provincial Governor be issued by the Provincial Governor upon area clearance from the concerned upon area clearance from the concerned DENR Regional Office and upon the DENR Regional Office and upon the recommendation by the PMRBrecommendation by the PMRB, and;, and;

3.3. Verification and adjudication of conflicts Verification and adjudication of conflicts on and collection of fees and charges on and collection of fees and charges for guano collection and the extraction for guano collection and the extraction of sand, gravel and other quarry of sand, gravel and other quarry resources.”resources.”

Devolved Functions of the MGBDENR DAO 92-30 as amended by DAO 92-37

PMRB OperationsPMRB Operations

The PMRBs of the 4 provinces ofThe PMRBs of the 4 provinces of

Region 1 had been operationalizedRegion 1 had been operationalized

since 1997since 1997

The SO creating the PMRBs was issuedThe SO creating the PMRBs was issued

by the RD, MGBby the RD, MGB

Additional members covered byAdditional members covered by

PMRB resolutionsPMRB resolutions

The iThe inclusion of a DENR representativenclusion of a DENR representative

as member of the PMRBas member of the PMRB is covered byis covered by

DENR-1 Regional Circular No. 2009-12DENR-1 Regional Circular No. 2009-12

PMRB-INPMRB-IN PMRB-ISPMRB-IS

ChairmanChairman RDTayagRDTayag RDTayagRDTayag ChairmanChairman

Vice-Chairman, Vice-Chairman, Rep. of the Gov.Rep. of the Gov.

WDChuaWDChua R SinayR Sinay Vice-Chairman, Vice-Chairman, Rep. of the Gov.Rep. of the Gov.

Large-Scale Large-Scale Mining Rep.Mining Rep.

EGGoEGGo EGSabalburoEGSabalburo CSAG Rep.CSAG Rep.

Small-Scale Small-Scale Mining Rep.Mining Rep.

ACGoACGo SRBugaoisanSRBugaoisan Quarry Rep.Quarry Rep.

NGO RepNGO Rep FGRosalesFGRosales IAAlibinIAAlibin NGO Rep.NGO Rep.

DENR Rep.DENR Rep. JPdelos JPdelos ReyesReyes

BSAbucayBSAbucay DENR Rep.DENR Rep.

RBTudayanRBTudayan SP CommitteeSP Committee

Present Composition of the PMRBPresent Composition of the PMRB

PMRB-LUPMRB-LU PMRB-Pang.PMRB-Pang.

ChairmanChairman RDTayagRDTayag RDTayagRDTayag

Vice-Chairman, Vice-Chairman, Rep. of the Gov.Rep. of the Gov.

DOMendozaDOMendoza SALabadiaSALabadia

Large-Scale Mining Large-Scale Mining Rep.Rep.

JOFernandezJOFernandez ADBallesteros, Jr.ADBallesteros, Jr.

Small-Scale Mining Small-Scale Mining Rep.Rep.

-- EB de VeraEB de Vera

NGO Rep.NGO Rep. COPaneloCOPanelo IGCarganillaIGCarganilla

DENR Rep.DENR Rep. SCSongcuanSCSongcuan LSCoLSCo

Present Composition of the PMRBPresent Composition of the PMRB

Members of Technical SecretariatMembers of Technical Secretariat

Ilocos NorteIlocos Norte Ilocos SurIlocos Sur

RPRosarioRPRosario RPRosarioRPRosario

RAColladoRACollado RNFrayaldeRNFrayalde

RNFrayaldeRNFrayalde MJAGarabilesMJAGarabiles

RSPungtilanRSPungtilan

MJAGarabilesMJAGarabiles

Romeo AngayRomeo Angay

Francis PeraltaFrancis Peralta

Delfin RabanesDelfin Rabanes

Paolo Juan Paolo Juan ValencianoValenciano

La UnionLa Union PangasinanPangasinan

RGSorianoRGSoriano RGSorianoRGSoriano

MJAGarabilesMJAGarabiles MJAGarabilesMJAGarabiles

DGPadulipDGPadulip

DEGallaDEGalla

Acceptance, Processing and Evaluation of Acceptance, Processing and Evaluation of Mining Applications by the PMRBMining Applications by the PMRB

Sections 74-77, 81-85, 89-92, CDAO 2010-21Sections 74-77, 81-85, 89-92, CDAO 2010-21

Acceptance, Processing and Evaluation of Acceptance, Processing and Evaluation of Mining New Applications by the PMRBMining New Applications by the PMRB

Sections 74-77, 81-85, 89-92, CDAO 2010-21Sections 74-77, 81-85, 89-92, CDAO 2010-21

Policy FormulationPolicy Formulation

PMRB Ilocos Norte and Ilocos SurPMRB Ilocos Norte and Ilocos Sur

““A Resolution Recommending to the Hon. A Resolution Recommending to the Hon. Governor to Accept Renewal Applications Governor to Accept Renewal Applications upon Filing and/or Submission of Letter of upon Filing and/or Submission of Letter of Intent on or before the Expiration of the Intent on or before the Expiration of the Mining Permit within the Reglamentary Mining Permit within the Reglamentary Period and Submittal of Requirements within Period and Submittal of Requirements within Thirty (30) days after the Expiration of the Thirty (30) days after the Expiration of the Permit ʼʼ.Permit ʼʼ.

Policy FormulationPolicy Formulation

PMRB La UnionPMRB La Union

““A Resolution Requiring All Mining Permit A Resolution Requiring All Mining Permit Holders to Attend the General Assembly Holders to Attend the General Assembly Meeting and Making the Attendance to Said Meeting and Making the Attendance to Said Meeting as a Requirement for Renewal of Meeting as a Requirement for Renewal of LGU Issued Mining Permits”.LGU Issued Mining Permits”.

Policy FormulationPolicy Formulation

PMRB PangasinanPMRB Pangasinan

““A Resolution Requiring All ISAG Permit A Resolution Requiring All ISAG Permit Holders to Declare the Volume of Alluvial Holders to Declare the Volume of Alluvial Gold/Magnetite Sand that are Recovered from Gold/Magnetite Sand that are Recovered from their Mechanical Processing Plants and Pay their Mechanical Processing Plants and Pay the Corresponding Fees or Taxes Due the Corresponding Fees or Taxes Due Thereof”.Thereof”.

Reconstitution of the PMRBReconstitution of the PMRB

DENR Memorandum Circular No 97- 05DENR Memorandum Circular No 97- 05

Procedural Guidelines in the Creation of Procedural Guidelines in the Creation of the Provincial/City Mining Regulatory the Provincial/City Mining Regulatory

BoardBoard

Salient Features of DENR MC 97-05 Salient Features of DENR MC 97-05

1.1. The composition of the P/CMRB shall The composition of the P/CMRB shall be be iin full accord n full accord with Section 70 of with Section 70 of CDAO 2010-21;CDAO 2010-21;

2.2. The SO creating the Board shall be The SO creating the Board shall be signed by the DENR Secretary;signed by the DENR Secretary;

3.3. Any party/s included or added Any party/s included or added shall be shall be determined through consensusdetermined through consensus by the by the Board and Board and shall act as observer/s shall act as observer/s onlyonly;;

4.4. Present composition maybe sustainedPresent composition maybe sustained until such time that the pertinentuntil such time that the pertinent DENR SO creating the Board is signed.DENR SO creating the Board is signed.

Membership Qualification CriteriaMembership Qualification CriteriaDENR MC 97-05 DENR MC 97-05

1.1. Must be an Must be an active and bona-fide active and bona-fide member member of and nominated by the of and nominated by the organization being represented;organization being represented;

2.2. Must be a Must be a resident or have established resident or have established work work relating to the organization in the relating to the organization in the Province/City covered by the Board;Province/City covered by the Board;

Membership Qualification CriteriaMembership Qualification CriteriaDENR MC 97-05 DENR MC 97-05

3.3. In the absence of nominees from the subject In the absence of nominees from the subject province/city, the province/city, the CMP/duly organized SSM CMP/duly organized SSM association based on neighboring association based on neighboring province/cityprovince/city, shall nominate their respective , shall nominate their respective nominees, and;nominees, and;

3.3. In the absence of DENR-accredited NGO in In the absence of DENR-accredited NGO in the subject province/city, the Board may the subject province/city, the Board may consider consider nominations from DENR-accredited nominations from DENR-accredited NGO based on neighboring province/cityNGO based on neighboring province/city..

Procedure in the Creation of the P/CMRBProcedure in the Creation of the P/CMRBDENR MC 97-05DENR MC 97-05

The approved DENR SO creating the Board shall be The approved DENR SO creating the Board shall be disseminated to all concerneddisseminated to all concerned

Sec. 25 The members of the Board shall receive compensation based on meetings attended at the rate prescribed by pertinent laws subject to existing accounting and auditing procedures.

Compensation of the Compensation of the Members of the P/CMRBMembers of the P/CMRB

Section 25, DAO 34, s. 1992 Section 25, DAO 34, s. 1992

The members of the Board shall receive compensation based on meetings attended at the rate prescribed by pertinent laws subject to existing accounting and auditing procedures. Section 25, DAO 34, s. Section 25, DAO 34, s. 1992 1992

Compensation of the Members Compensation of the Members of the PMRBof the PMRB

Members of the Board maybe entitled to Members of the Board maybe entitled to per diems per diems not exceeding PhP 1,000.00 per session but not to not exceeding PhP 1,000.00 per session but not to exceed 4 paid sessions or PhP 8,000.00/monthexceed 4 paid sessions or PhP 8,000.00/month

Support Staff may be granted Support Staff may be granted honorariahonoraria not not exceeding PhP 200.00/session attended but not to exceeding PhP 200.00/session attended but not to exceed 4 paid sessions or PhP 800.00/monthexceed 4 paid sessions or PhP 800.00/month

DBM Circular No. 72 dated 5 Dec 2000DBM Circular No. 72 dated 5 Dec 2000

Funding SourceFunding Source

Funds necessary for the implementation Funds necessary for the implementation hereof shall be sourced from the taxes, hereof shall be sourced from the taxes, fees and charges collected from mining fees and charges collected from mining contractors, consistent with Sections 26 contractors, consistent with Sections 26 and 27 of DAO 34, s. 1992and 27 of DAO 34, s. 1992