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EXECUTIVE ORDERS
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EXECUTIVE ORDER NO. 200 -
AUTHORIZING THE ISSUANCE OF ONSHORE SPECIAL MINERALS EXTRACTION PERMITS
TO QUALIFIED GOVERNMENT ENTITIES/INSTRUMENTALITIES FOR GOVERNMENT
PROJECTS
WHEREAS,
the 1987 Constitution provides that all lands of the public domain,
minerals, coal, petroleum and other natural resources are owned by the
state and that their exploration, development and utilization shall be
under the full control and supervision of the State;
WHEREAS, Sec. 4 of the Republic Act (R.A.) No. 7942, otherwise known
as the “Philippine Mining Act of 1995”, provides that mineral resources
are owned by the State; that the exploration, utilization and
processing thereof shall be under the State’s full control and
supervision, and that the State may directly undertake such activities.
WHEREAS, Sec. 8 of R.A. No. 7942 provides that the Department of
Environment and Natural Resources (DENR) shall be the primary
government agency responsible for the conservation, management,
development and proper use of the State’s mineral resources, including
those in reservations, watersheds areas and lands of public domain;
WHEREAS, Sec. 9 of R.A. No. 7942 provides that the Mines and
Geosciences Bureau (MGB) shall have direct charge in the administration
and disposition of mineral lands and mineral resources, both offshore
and onshore;
WHEREAS, pursuant to Executive Order No. 786 dated March 19, 1982, the
Natural Resources Development Corporation (NRDC), as a government
corporation and corporate arm of the DENR, is mandated to help promote
the development of the country’s natural resources, including minerals;
WHEREAS, quarry, sand, gravel, clay and related materials from onshore
areas are highly suitable raw materials for government infrastructure
projects, specially flagship projects, and other related civil works;
WHEREAS, it is in the national interest to prioritize government
projects in the utilization of these materials to enhance the delivery
of services vital to the Government’s economic and social development
programs;
WHEREAS, it is necessary to ensure adequate, low-cost and continuous
supply of these raw materials in order not to hamper or delay the
implementation of government projects;
WHEREAS, the potential environmental impacts of mining/quarrying
operations require appropriate safeguards and adequate mitigating
measures to be set in place under the strict supervision of the DENR;
WHEREAS, Sec. 49 of R.A. No. 7942 provides for the issuance of
Government Gratuitous Permit to any government entity/instrumentality
for the extraction of certain minerals for government projects, over an
area of not more than two (2) hectares for a period co-terminous with
the project;
WHEREAS, R.A. No. 7942 does not clearly provide for the appropriate
permitting mechanisms in the extraction of quarry, gravel, sand, clay
and other related materials needed for government projects over an area
exceeding two (2) hectares;
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic
of the Philippines, by virtue of the powers vested in me by law, do
hereby order:
Section 1.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6. Since 19.07.98.
DONE in the City of Manila,
this 17th day of January, in the year of our Lord, two
thousand.
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