Gratuitous Permits and Desilting Permits

Republic Act No.
7942
PHILIPPINE MINING ACT OF 1995
Section 49
Government Gratuitous Permit
Any government entity or instrumentality may be granted a gratuitous
permit by the provincial governor to extract sand and gravel, quarry or loose
unconsolidated materials needed in the construction of building and/or
infrastructure for public use or other purposes over an area of not more than
two hectares (2 has.) for a period coterminous with said construction.
Section 50
Private Gratuitous Permit
Any owner of land may be granted a private gratuitous permit by the
provincial governor.
DENR Administrative Order No. 96-40

Revised Implementing Rules and Regulations of Republic Act No.
7942, Otherwise Known as the "Philippine Mining Act of 1995"
Section 73. Gratuitous Permits
a. Government Gratuitous Permit
Any government entity or instrumentality in need of quarry,
sand and gravel or loose/unconsolidated materials in the
construction of building and/or infrastructure for public use
or other purposes may apply for a Government Gratuitous
Permit with the Provincial Governor through the Provincial Mining
Regulatory Board (PMRB), covering an area of not more than two (2)
hectares
Valid for sixty (60) days from the date of issuance
The applicant shall submit a project proposal stating where the
materials to be taken shall be used and the estimated volume
needed.
b. Private Gratuitous Permit
Any landowner may apply for a Private Gratuitous Permit with
the Provincial Governor through the Provincial Mining
Regulatory Board for the extraction, removal and utilization of
quarry, sand and gravel or loose/unconsolidated materials from
his/her land for a non-renewable period of sixty (60) calendar days
There should be adequate proof of ownership and that the

materials shall be for personal use.
Section 79. General Terms and Conditions of a Quarry/Commercial or

Industrial Sand and Gravel/Government Gratuitous/Guano/Gemstone
Gathering Permit
The following terms and conditions shall be incorporated in the
Quarry/Commercial or Industrial Sand and Gravel/Government
Gratuitous/Guano/Gemstone Gathering Permit:
a. No extraction, removal and/or disposition of materials shall be allowed
within a distance of one (1) kilometer from the boundaries of reservoirs
established for public water supply, archaeological and historical sites
or of any public or private works or structures, unless the prior
clearance of the concerned Government agency(ies) or owner is
obtained. No extraction, removal and/or disposition of materials shall
likewise be allowed in offshore areas within five hundred (500) meters
distance from the coast and two hundred (200) meters from the mean
low tide level along the beach;
b. The extraction, removal and/or disposition of materials under the
Permit shall be confined within the area specified therein, the
boundaries of which, according to the application, are established on
the ground with prominent marks;
c. The Permit Holder shall assume full responsibility and be liable for
damages to private and/or public property(ies) that may be occasioned
by its operations under the Permit;
d. The Permit Holder shall manage its operations in a technically and
environmentally responsible manner to achieve a safe, non-polluting
and self-sustaining post disturbance landform;
e. The Permit Holder shall conduct its operations in accordance with the
provisions of the Act and these implementing rules and regulations;
f. The Permit Holder shall not discriminate on the basis of gender and
that the Permit Holder shall respect the right of women workers to
participate in policy and decision-making processes affecting their
rights and benefits;
g. The Permit Holder shall conform to laws, rules and regulations
regarding, among others, labor, safety and health standards;
h. The Permit Holder shall not interfere with the rights of other Permit
Holders/operators/ Contractors;
i. The Permit Holder shall recognize and respect the rights, customs and
traditions of local communities, particularly Indigenous Cultural
Communities;
j. The Permit Holder shall immediately stop digging and extracting
materials the moment man-made articles or artifacts are found. It shall
notify the Director of the National Museum of such findings, in which
case, the digging shall be under the supervision of the National

Museum until said artifacts are recovered; and
k. The Permit shall be subject to cancellation, revocation and termination
as provided for in Section 100 hereof.
Section 80. Specific Terms and Conditions of a Quarry or
Commercial/Industrial Sand and Gravel or Government Gratuitous
Permit
In addition to those mentioned in Section 79 hereof, the following specific
terms and conditions shall be incorporated in the Quarry or
Commercial/Industrial Sand and Gravel or Government Gratuitous Permit:
a. For Government Gratuitous Permit:
1. The period of the Permit shall be coterminous with the term of
the construction stage of the project but not to exceed one (1)
year;
2. The concerned Government office shall, whenever practicable,
use and utilize its own vehicle(s) and equipment in extracting,
hauling and transporting the materials: Provided, That the Permit
Holder may enter into a contract with a private person/entity for
the purpose of hauling and transporting such materials;
3. The materials authorized to be removed shall be strictly for
infrastructure project and in no case shall the same be disposed
of commercially, otherwise, persons responsible thereof shall be
liable for prosecution under appropriate laws;
4. Unless otherwise amended, the Permit shall ipso facto terminate
after the whole quantity and kind of materials specified therein
have been removed or taken;
5. The Permit Holder shall file quarterly with the concerned Regional
Office/ Provincial/ City Mining Regulatory Board a sworn
statement of the quantity of materials extracted, removed and/or
disposed under the Permit and the amounts of fees paid therefor.
At the end of the term, the Permit Holder shall submit to the
concerned Regional Office/ Provincial/City Mining Regulatory
Board a final report with the detailed list of activities and the
corresponding expenditures;
6. The Permit/permit area can be inspected and examined at all
times by the concerned Regional Director/Provincial
Governor/City Mayor;
7. The Permit Holder shall comply with its obligations under its ECC
and Environmental Protection and Enhancement Program (EPEP),
including the allocation of the prescribed environmental expense
pursuant to Section 171 hereof; and
8. The Permit Holder shall comply with pertinent provisions of the
Act, these implementing rules and regulations and such other
terms and conditions not inconsistent with the Constitution, the

Act and these rules and regulations, as well as those which the
concerned Regional Director/ Provincial Governor/City Mayor may
deem to be for the national interest and public welfare.
Special Permits issued within the Province of Pampanga
SCRAPING
EO No. 05-ETP-2008 (Rehabilitation of Agricultural Land and

Providing Guidelines Thereto)
Scraping activities have to be undertaken to rehabilitate

unproductive parcels of lands and make them productive
Issued to farmers or private landowners
DESILTING
EO No. 15-ETP-2008 (Opening of all River Channels for

Desilting)
Is conducted to scrape off the sediments and transport the same

out of silted waterways to prevent imminent flooding
DENR Memorandum Order No. 99-03

Procedural Guidelines in the Processing and Issuance of Special
Quarry Permit and Sand Gravel Permit to Extract Sand and Lahar
Materials in the Mineral Reservations Established and Declared
Under Proclamation No. 66 and Other Lahar-Affected Areas in the
Provinces of Pampanga, Tarlac, and Zambales

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Republic Act No.

DENR Administrative Order No. 96-40

There should be adequate proof of ownership and that the

Section 79. General Terms and Conditions of a Quarry/Commercial or

case, the digging shall be under the supervision of the National

terms and conditions not inconsistent with the Constitution, the

Special Permits issued within the Province of Pampanga

EO No. 05-ETP-2008 (Rehabilitation of Agricultural Land and

Scraping activities have to be undertaken to rehabilitate

Issued to farmers or private landowners

EO No. 15-ETP-2008 (Opening of all River Channels for

Is conducted to scrape off the sediments and transport the same

DENR Memorandum Order No. 99-03

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