EXECUTIVE ORDER NO. 211 - PRESCRIBING THE INTERIM PROCEDURES IN THE PROCESSING AND APPROVAL OF APPLICATIONS FOR THE EXPLORATION, DEVELOPMENT AND UTILIZATION OF MINERALS

WHEREAS, the 1987 Constitution places the exploration, development and utilization of natural resources under the full control and supervision of the State and allows the State to undertake activities relative thereto to enter into co-production, joint venture, or production sharing agreements with Filipino citizens or corporations or associations at least sixty per centum of those capital is owned by such citizens;

WHEREAS, there are presently issued mining leases, licenses and/or permits or grants, as well as operating agreements and service contracts in relation to which the grantees, local and foreign, have already made huge investments in terms of money and equipment;

WHEREAS, there are pending new applications for such mining grants as well as applications for renewal of such grants and there will foreseeably be prospective applications for such grants;

WHEREAS, the mining industry plays a pivotal role in the economic development of the country and is a vital tool in the government’s thrust of accelerated recovery, hence, it is imperative to formulate procedures to ensure the continuity of mining operations and activities, and to hasten the development of mineral resources;

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do hereby direct and order:

Section 1. Existing mining permits, licenses, leases and other mining grants issued by the Department of Environment and Natural Resources and Bureau of Mines and Geo-Sciences, including existing operating agreement and mining service contracts, shall continue and remain in full force and effect, subject to the same terms and conditions as originally granted and/or approved.

Sec. 2. Applications for the exploration, development and utilization of mineral resources, including renewal applications and applications for approval of operating agreements and mining service contracts, shall be accepted and processed and may be approved; concomitantly thereto, declarations of locations and all other kinds of mining applications shall be accepted and registered by the Bureau of Mines and Geo-Sciences.

Sec. 3. The processing, evaluation and approval of all mining applications, declarations of locations, operating agreements and service contracts as provided for in Sec. 2 above, shall be governed by Presidential Decree No. 463, as amended, other existing mining laws, and their implementing rules and regulations: Provided, However, that the privileges granted as well as the terms and conditions thereof shall be subject to any and all modifications or alterations which Congress may adopt pursuant to Sec. 2, Article XII of the 1987 Constitution.  

Sec. 4. The Secretary shall promulgate the rules and regulations necessary to implement effectively the provisions of this Executive Order.

Sec. 5. If any provision of this Executive Order is held unconstitutional, the other provisions shall not be affected.

Sec. 6. This Executive Order shall take effect immediately.

Done in the City of Manila, this 10th day of July, in the year of Our Lord, nineteen hundred and eighty-seven.
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Since 19.07.98.