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 Dire ctive was issued banning mining operations within Northern Palawan, the Calamian Grou p of Islands and the areas around Malampaya Sound in view of the oil exploration activities being conducted thereat; cdtai

WHEREAS, by virtue of said Presidential Direct ive, 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 Marc h 22, 1976 be given due course since extensive exploration and geological surveys conducted in sa id 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 recommendati on was approved by the Presid ent of the Philippines per memorandum dated November 15, 1983;

WHEREAS, Letter of Instructions No. 1508 addresse d to the Minister of Natural Resources and Director of Mines and Geosciences, dated Janua ry 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 mi ning location, explor ation, 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; cd

WHEREAS, on September 29, 1987, DENR Secretar y 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 w ill 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 ar eas may be lifted in specific areas provided that the mining proponents sha ll 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 object ives to encourage the exploitation of the nation's mineral resources and to generate employment;

NOW, THEREFORE, I, FIDEL V. RA MOS, President of the Philippi nes, by virtue of the powers vested in me by the Constitution, do hereby or der the lifting of the ban on mining operations within Northern Palawan, the Calamian Grou p of Islands and the areas around Malampaya Sound and open the same to mineral exploratio n, 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 Sh aring Agreement," except those established and proposed parks and reservation in aforesaid areas, such as:

  1. Honda Bay Marine Park, Puerto Princesa
  2. Saint Paul Park, Puerto Princesa
  3. Cleopatra's Needle, Puerto Princesa
  4. Port Barton Marine Park, San Vicente
  5. Malampaya Sound
  6. Lake Maguao, Taytay
  7. El Nido Marine Park, El Nido

All issuance, rules and regulations or any part ther eof which are inconsistent with the provisions of this Executive Order are hereby repealed or modified accordingly. cda

IN WITNESS WHEREOF, I have hereunto set my han d 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.