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RESPONSIBLE MINING CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1.Regalian Doctrine – All natural resources belong to the State 2.State aims – 2.1 Equitable distribution of opportunities 2.1 Raise quality of life especially the underprivileged

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Page 1: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State

RESPONSIBLE MININGCONSTITUTIONAL PROVISIONARTICLE XII: National Economy and Patrimony

1.Regalian Doctrine – All natural resources belong to the State

2.State aims – 2.1 Equitable distribution of opportunities

2.1 Raise quality of life especially the underprivileged

Page 2: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State

UN BRUNDTLAND COMMISSION(WORLD COMMISSION ON ENVIRONMRNT AND DEVELOPMENT

“Sustainable development is development that meets the needs of the present without compromising the ability of the future generations to meet their own needs”

Page 3: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State

PHILIPPINE COUNCIL FOR SUSTAINABLE DEVELOPMENT(PCSD)

UN CONFERENCE ON ENVIRONMENT AND DEVELOPMENT(UNCED) KNOWN AS EARTH SUMMIT OF 1992

1. GLOBAL AGENDA 21(RIO de JANEIRO, BRAZIL) – MAKE DEVELOPMENT ECONOMICALLY, SOCIALLY AND ECOLOGICALLY SUSTATINABLE THROUGH GLOBAL EFFORTS

Page 4: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State

ADOPTION OF AGENDA 21 BY 1987 CONSTITUTION – “ THE PROTECTION AND ADVANCEMENT OF THE RIGHT OF THE PEOPLE TO A BALANCED AND HEALTHFUL ECOSYSTEMS IN ACCORDANCE WITH THE RHYTHM AND HARMONY OF NATURE”

GOVERNMENT ADOPTED THE PRINCIPLE & APPROVED CONCEPTUAL FRAMEWORK OF THE PHILIPPINES STRATEGY FOR SUSTAINABLE DEVELOPMENT (PSSD) – A BALANCED AND INTEGRATED APPROACH TO ENVIRONMENT AND DEVELOPMENT ISSUES

Page 5: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State

ENVIRONMENTAL ASPECTMANAGING ENVIRONMENTAL, ECONOMIC AND SOCIAL IMPACTS OF MINING ACTIVITIES

1. POLLUTION – AIR/WATER, MANAGEABLE BECAUSE THERE ARE STANDARDS

2. WASTES MANAGEMENT – MANAGEABLE BECAUSE OF TAILINGS/WASTES DAM

Page 6: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State

PHYSICAL CHANGES - IS IT NEGATIVE? THEN IT SHOULD BE AVOIDED - IF ITS IMPACTS CAN’T BE AVOIDED, IT SHOULD BE MINIMIZED - IF IMPACTS CAN’T BE MITIGATED, COMPENSATION IS NECESSARYBIODIVERSITY – IT SUSTAINS HUMAN

LIVELIHOOD AND LIFE, HENCE IT IS TO BE PROTECTED

Page 7: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State

SOCIAL DIMENSION ROYALTY TO IPS – AT LEAST 1% BASED ON GROSS VALUE SOCIAL DEVELOPMENT AND MANAGEMENT PROGRAM (SDMP) – 1.5%

OF OPERATING COSTS: 1. 1.25% (75% OF 1.5%) FOR SDMP 2. 0.150% (10% OF 1.5%) FOR DEVELOPMENT OF MINING TECHNOLOGY & GEOSCIENCES 3. 0.225% (15% OF 1.5%) FOR IEC

Page 8: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State

ETHICS OF THE EARTH (CBCP)Mineral resources are non-renewable resources

People are not owners, but stewards of God’s creation

Importance of biodiversityEnvironmental sins of the past – can be avoided and serve as learning lessons and experiences

Page 9: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State

HOW SHOULD RESPONSIBLE MINING BE UNDERTAKEN?

RM INDICATORS1. ENVIRONMENTAL PROTECTION

MEASURES IN PLACE . PROGRESSIVE REHABILITAION . PLANNING FOR CLOSURE AND BENEFICIAL LAND USE AFTER MINING 2. SOCIAL DEVELOPMENT FOR THE

COMMUNITY 3. BENEFITS OF MINING FELT IN THE COMMUNITY

Page 10: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State

ENVIRONMENTAL PRINCIPLES FOR RESPONSIBLE MINING (EO 270)

Protection of environmentSafeguarding ecological integrity of area affected by mining

Multiple land use & sustainable utilization of minerals

Remediation and rehabilitation of abandoned mines

Page 11: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State

THOMASES AMONG USSURFACE MINING

Page 12: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State
Page 13: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State
Page 14: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State
Page 15: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State
Page 16: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State
Page 17: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State
Page 18: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State
Page 19: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State
Page 20: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State
Page 21: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State

Cadianao Mining Surigao Norte Atlas Mines, Cebu

Page 22: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State

Mine decommissioning- Bulawan Project, Sipalay, Negros Occidental

Page 23: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State

Social Development Projects

Page 24: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State

SOCIAL DEVELOPMENT PROJECTS

Page 25: RESPONSIBLE MINING  CONSTITUTIONAL PROVISION ARTICLE XII: National Economy and Patrimony 1. Regalian Doctrine – All natural resources belong to the State

RESPONSIBLE MINING IS STILL CONSISTENT

WITH ENVIRONMENTAL PROTECTION AND

SUSTAINABLE DEVELOPMENT

THANK YOU