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EXECUTIVE ORDERS
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EXECUTIVE ORDER NO. 126 - LIFTING
THE BAN ON MINING OPERATIONS IN NORTHERN PALAWAN, THE CALAMIAN GROUP OF
ISLANDS AND THE AREAS AROUND MALAMPAYA SOUND
WHEREAS, on March 22, 1976, a
Presidential Directive was issued banning mining operations within
Northern Palawan, the Calamian Group of Islands and the areas around
Malampaya Sound in view of the oil exploration activities being
conducted thereat;
WHEREAS, by virtue of said Presidential Directive, registration of
declarations of location covering said areas were suspended and
processing of lease applications affecting registered declarations of
location were held in abeyance;
WHEREAS, in a memorandum dated August, 17, 1983, the Director of Mines
and Geosciences Bureau recommended to the President of the Philippines
that applications for mining lease and other permits covering silica
resources in Northern Palawan which were filed and existing prior to
the issuance of Presidential Directive of March 22, 1976 be given due
course since extensive exploration and geological surveys conducted in
said areas indicated that oil bearing zones are confined only to
offshore areas and that the land areas are geologically considered
non-prospective for oil;
WHEREAS, said recommendation was approved by the President of the
Philippines per memorandum dated November 15, 1983;
WHEREAS, Letter of Instructions No. 1508 addressed to the Minister of
Natural Resources and Director of Mines and Geosciences, dated January
15, 1986, was issued lifting the ban on silica sand mining for
small-scale mining purposes in Northern Palawan, including the Calamian
Group of Islands and the areas around Malampaya Sound;
WHEREAS, said areas were open only to mining location, exploration,
development and exploitation within the purview of P.D. No. 1899 to
accelerate the national economic recovery program through conservation
of foreign exchange reserves, increase in foreign exchange earnings
through the exploitation of non-traditional mineral, and to improve the
economic well being of Northern Palawan through the concept of
self-employment and to give full meaning to the intents of P.D. No.
1899, otherwise known as the “Small-Scale Mining Decree of 1984,”
giving opportunities even to the poor sectors of the society to
participate in the development and exploitation of nation’s mineral
resources;
WHEREAS, on September 29, 1987, DENR Secretary Fulgencio S. Factoran,
Jr., thru the recommendation of Undersecretary Celso R. Roque, directed
the Mines and Geosciences Bureau (MGB) and the Environmental Management
Bureau (EMB) to prepare an Environment Impact Assessment (EIA), whereby
the results of this study will serve as the basis for the guidelines of
the Department of Environment and Natural Resources (DENR) for lifting
the ban on mining operations in Northern Palawan, the Calamian Group of
Islands and the areas around Malampaya Sound;
WHEREAS, EIA revealed that the ban on mining operations in said areas
may be lifted in specific areas provided that the mining proponents
shall obtain Environmental Impact Statements (EIS) and Environmental
Compliance Certificates for exploration, development and utilization of
minerals from the concerned government agency;
WHEREAS, the lifting of the ban is in line with the government’s
objectives to encourage the exploitation of the nation’s mineral
resources and to generate employment;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby order
the lifting of the ban on mining operations within Northern Palawan,
the Calamian Group of Islands and the areas around Malampaya Sound and
open the same to mineral exploration, development and utilization of
all minerals found therein within the purview of P.D. No. 1899 as well
as under Executive Order No. 279, otherwise known as the “Mineral
Production Sharing Agreement,” except those established and proposed
parks and reservation in aforesaid areas, such as:
a)
b)
c)
d)
e)
f)
g)
All issuance, rules and regulations or any part thereof which are inconsistent with the provisions of this Executive Order are hereby repealed or modified accordingly.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed.
DONE in the City of Manila, this 15th of September, nineteen hundred and ninety-three.
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