Further Amendment to the Rules and Regulations Implementing Presidential Decree No. 1251

September 10, 1980

MNR ORDER NO. 08-80

 

Pursuant to the authority granted the undersigned under Section 4 of Presidential Decree No. 1251, Sections 1 and 10 of said Decree are hereby amended for the information of all concerned.

SECTION 1. Section 1 of Ministry Order No. 1, Series of 1979, is hereby amended to read as follows:

"Sec. 1. Definitions of Terms — As used in and for the purpose of these regulations, the following terms and phrases shall have the corresponding meaning herein below stated:

1. "Decree" shall mean the Presidential Decree No. 1251.

2. "Mine Wastes and Tailings Fee" means fees imposed by the Government on operating mining companies to be used exclusively for payment of damages incurred on properties enumerated in Section 5 hereof.

3. "Mine Wastes" shall mean materials coming out of mining operations which has no value.

4. "Mines Tailings" shall mean materials coming out from milling operations which has no value.

5. "Operating Mining Companies" means an individual, partnership or corporation actually conducting mining activities such as, but not limited to, exploration, development and exploitation of the mineral lands and the mineral resources.

6. "Minister" shall mean the Minister of Natural Resources.

7. "Director" shall mean the Director of Mines and Geo-Sciences.

8. "Committee" shall mean the Evaluation Committee composed of government officials specifically mentioned in Section 3 of the Decree.

9. "Chairman" shall mean the Commissioner of the National Pollution Control Commission.

10. "Reserve Fund" shall embrace all fees imposed upon and paid for by operating mining companies under this Decree.

11. "Damages" shall mean the monetary value of destruction caused on land, agricultural crops and forest products, marine life and aquatic resources, the destruction of infrastructures, and the revegetation and rehabilitation of silted farms lands and other areas devoted to agriculture and fishing caused by pollution due to the operation of mining companies. Such damages are "actual or compensatory damages" under Article 2199 of the New Civil Code of the Philippines.

12. "Forest Products" shall mean timber, pulpwood, bark, tree top, resin, gum, wood, oil, honey, beeswax, nipa, rattan, or other forest growth such as grass, shrub, and flowering plant, the associated water, fish, game, scenic, historical, recreational and geologic resources in forest lands.

13. "Marine Life and Aquatic Resources" shall include all fishes and other aquatic animals such as crustaceans (crabs, prawns, shrimps and lobsters), mollusks (clams, mussels, scallops, oysters, snails and other shellfish).

SECTION 2. Section 10 of the Ministry Order No. 1, Series of 1979, is hereby further amended to read as follows:

"CHAPTER V

Guidelines in Damage Assessment

"Sec. 10. Factors/Criteria in Damage Assessment —

a. Compensation for damages to real property shall not exceed the market value of such property appearing in the latest Tax Declaration.

b. Damages sustained prior to Calendar Year 1977 shall not be entertained, provided that applications for compensation for damages incurred during the years 1977 and 1978 shall have been filed as of June 30, 1980.

c. Damages to Agriculture —

(1) Land/Soil

(a) Crop originally fit for planting in the area.

(b) Previous production without pollution.

(c) Loss of fertility.

(d) Depreciation of market value.

(e) Possible change of use from that which land is previously devoted productively.

(f) Location and Accessibility.

(g) Declared assessed and market value.

d. Damages to Crops —

(1) Total destruction to crops.

(2) Decrease in production.

(3) Increase in cost of production.

(a) Labor, e.g.

(1) Transplanting

(2) Weeding

(b) Fertilizer

(c) Seedlings

(d) Pesticides

(e) Others - Treatment of seeds.

e. Damages to Infrastructure —

An assessment of damages to infrastructures shall be determined by considering the following factors:

(1) Desilting of canals

(2) Crop Yield

(3) Inability to irrigate area

(4) Loss due to low irrigation fee collection.

f. Damages to Forest Products —

Where grown forest products cannot in any way be salvaged for use by the owner, the assessment must be based on current market value at the stump for timber or current assessed market value in case of other forest products.

g. Damages to Marine and Aquatic Resources —

(1) Fishponds

(a) No. of milkfish stocked

(b) No. of other fishery fish products stocked

(c) Volume of harvest produced per year in kilograms

(d) Cost of milkfish fingerlings stocked

(e) Cost of fertilizer/pesticides applied

(f) Cost of other fish and fishery aquatic products

(g) Sales and marketable milkfish or other fish and fishery/aquatic products.

(h) Total maintenance and operating expenses

(i) Area in hectares of fishponds affected/damaged by mine wastes/tailings

(j) Total amount of damage claimed

SECTION 3. Effectivity — This Order shall take effect immediately upon approval.

(SGD.) JOSE J. LEIDO, JR.MinisterMinistry of Natural Resources

RECOMMENDED BY:

(SGD.) JUANITO C. FERNANDEZDirectorBureau of Mines and Geo-Sciences