This Policy Note revisits the legal framework on Philippine mining, focusing on the Philippine Mining Act (PMA) of 1995 and the Indigenous People’s Rights Act (IPRA). It uncovers several issues on the implementation of PMA and IPRA, such as the circumvention of the requirements of permits, delays in the declaration of the claims of the indigenous peoples (IPs), and institutional issues within the National Commission on Indigenous Peoples (NCIP). It also notes discrepancies in the implementation of these laws across regions. The study urges the government to review its mining policies and come up with a common implementing guideline for all agencies involved to eliminate personal tendencies to relax rules. It also recommends the augmentation of human resource in NCIP offices for them to carry out their tasks timely and efficiently. Further, with the backlog in personnel, issuances from NCIP can be harmonized, such that a single protocol for permitting can be followed and duplication of requirements can be minimized.
