resistance and criticism from the
sector regarding the scope and
coverage of the law. Most National
Parks and Protected Areas are
situated within traditional lands
and territories. Many communities
decry the establishment of new
governance structures such as the
Protected Area Management Board
(PAMB) and the formulation of
Protected Area Management Plans
as an expression of disrespect and
infringement on their rights as the
‘owners’ of the land.
Map 2. Forest cover and mining tenements in the Philippines.
Map by PAFID
Forest Management (CBFM) was adopted as the
national strategy for the sustainable development
of the country’s forestland resources.
It is noteworthy to underscore that under the
1987 Philippine Constitution, the NIPAS Act of
1992 is the very first law of the republic that
expressly defines indigenous cultural community
“as a group of people sharing common bonds
of language, customs, traditions and other
distinctive cultural traits, and who have, since time
immemorial, occupied, possessed and utilized a
territory” (NIPAS Act, Section 4d). The same law
provides that “ancestral lands and customary
rights and interest arising shall be accorded due
recognition” and government shall “have no
power to neither evict indigenous communities
from their present occupancy nor resettle them
to another area without their consent” (NIPAS
Act, Section 13).
Notwithstanding the acknowledgement of the
rights of IPs in the NIPAS law, there has been
102
Extraction, Utilization and
Development Policies
The Mining Act of 1985 (RA 7924)
The economy of the Philippines is the 46th
largest in the world, with an estimated 2010
gross domestic product (nominal) of $189 billion.
A newly industrialized country, the Philippine
economy has been transitioning from one based
on agriculture to one based more on services
and manufacturing. Hence, the enactment of
laws that shall support, enhance, encourage
and provide incentives to industries that shall
generate the necessary revenues needed by the
government to jumpstart its economy.
In a further bid to secure the status of a newly
emergent economy, the identification of additional
sources of revenue was expanded. Mining was
deemed to be the most effective way of generating
the needed revenues of the Philippines. In
response, the Philippine Government along with
the mining industry worked for the passage of
a new Mining Law, which would invigorate the
underperforming industry in the Philippines.
Republic Act 7924 was passed into law in 1985
Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)
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