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and perpetually disqualified from
holding
2
government, its divisions, subsidiaries and
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corporations.
any elective or
appointive position in
any government
owned and controlled
4
Sec. 46. Poo! o f consultants. - There shall be a pool of independent consultants
5
that may assist the local government units, local communities or ICCs/IPs with regard
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to the technical aspects of mining.
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Sec. 47. Publication, posting and radio announcement requirements. The decision
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of the Council shall be published by the Bureau in the local newspaper in the local
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language, shall be announced on the local radio programs for not less than six (6)
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weeks and notices shall be distributed widely in communities. The notice containing
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relevant information shall likewise be posted in conspicuous places for the information
12
of the general public and shall be announced during the local market day.
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CHAPTER V
M IN ER AL AGREEMENTS
Sec. 48. Modes o f mineral agreement - A mineral agreement may only take the
following forms as herein defined;
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a) Mineral production sharing agreement -
is an agreement where the
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Government grants to the contractor the exclusive right to conduct
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mining operations within a contract area and shares in the gross output.
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The contractor shall provide the financing, technology, management and
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personnel necessary for the implementation of this agreement;
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b) Co-production agreement - is an agreement between the Government
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and the contractor wherein the Government shall provide inputs to the
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mining operations other than the mineral resource; and
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c) Joint venture agreement -
is an agreement where a joint-venture
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company is organized by the Government and the contractor with both
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parties having equity shares.
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shall be entitled to a share in the gross output.
Aside from earnings in equity, the State
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In no case shall Financial or Technical Assistance Agreements, or any other similar
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agreements, contracts, and/or executive issuances granting license or permission to
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explore, develop and/or utilize mineral resources be awarded to foreign entities or
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persons.
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Sec. 49. Eligibility. - Only Filipino citizens or corporation's sixty percent (60% ) of
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whose equity is owned or controlled by such citizens shall be allowed to conduct
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development, utilization and processing of mineral resources within the country.
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