Amending Chapters V, VI, and VII of DENR Administrative Order No. 2010-21, the Consolidated IRR of Republic Act No. 7942 (Philippine Mining Act of 1995)

DENR Administrative Order No. 2025-17

Subject: Amending Chapters V, VI, and VII of DAO No. 2010-21, Providing for a Consolidated DENR Administrative Order for the IRR of RA 7942 (Philippine Mining Act of 1995)

Signed: May 26, 2025 . Published: Philippine Daily Inquirer, May 28, 2025 . Acknowledged: ONAR, U.P. Law Center, May 30, 2025

Legal Basis

Section 8 of RA 7942 (Philippine Mining Act of 1995), DAO 2010-21, and Section 5 of RA 11032 (Ease of Doing Business Act).

Objective and Scope

Streamlines processing of Exploration Permits (EP), Mineral Agreements, and Financial or Technical Assistance Agreements (FTAA) by amending Sections 18 to 21, 23, 27, and 30 (Chapter V), 35 to 38 and 42 to 43 (Chapter VI), and 53 to 55, 59, 61, and 63 (Chapter VII) of DAO 2010-21.

Exploration Permits (Chapter V)

• Term: two years, renewable up to a total of six years; assignment allowed only after the first term.
• Maximum areas (Section 18-A): onshore per province, 20 blocks (about 1,620 ha) for individuals and 200 blocks (about 16,200 ha) for juridical entities; onshore nationwide, 40 blocks (3,240 ha) and 400 blocks (32,400 ha); offshore beyond 500 m from mean low tide, 100 blocks (8,100 ha) and 1,000 blocks (81,000 ha). Offshore EP applications remain suspended pending offshore mining guidelines.
• Filing fee: PHP 200,000 per application, or PHP 500,000 for juridical entities applying for more than 1,620 ha. Minimum authorized and paid-up capital of PHP 100 million and PHP 25 million for juridical applicants; financial capability of at least PHP 25 million (entities) or PHP 10 million (individuals), or the Work Program budget if higher.
• Area clearance: MGB checks control maps within 7 working days; DENR Regional Offices issue area status and clearance within 30 working days and cannot deny without legal or technical basis. Denials may be appealed to the Undersecretary for Field Operations within 15 days.
• Notice of Application: newspaper publication, one-week posting (including LGU and MGB websites and social media), and daily radio announcements for one week. Adverse claims are filed within 10 days for resolution by the Panel of Arbitrators.
• Parallel processing: NCIP Certification, PCSD SEP Clearance (Palawan), community consultation, and Sanggunian endorsement proceed in parallel with MGB evaluation. If NCIP or PCSD miss their prescribed periods, the permit may issue under RA 11032, but these clearances are required before implementation.
• Approval: final MGB Regional evaluation within 15 working days; the MGB Director signs within 15 working days.
• Renewal: filed electronically at least 60 days before expiry, with proof of expenditures of at least 80% of the prior term's approved program budgets.
• Declaration of Mining Project Feasibility: must be filed with an ECC within the EP term; a further non-extendable two-year term may be granted by the Secretary.

Mineral Agreements (Chapter VI)

Applications require a sworn Declaration of Mining Project Feasibility, Feasibility Study (in lieu of the first 3-year Development/Utilization Work Program), ECC, EPEP and FMRDP, SDMP, a PMRC 2020-compliant Final Exploration Report (DAO 2023-05), survey documents, technical and financial capability, and a Safety and Health Program. Only compliant permittees are accepted. MGB evaluation targets 60 working days; the MGB Director endorses to the Secretary within 30 working days.

FTAAs (Chapter VII)

Filing fee of PHP 500,000 and minimum paid-up capital of PHP 500 million. The same area clearance, notice, adverse-claim, and parallel NCIP/Sanggunian procedures apply. New Sections 61, 61-A, and 61-B govern FTAAs originating from EPs, and Section 63-A requires a Declaration of Mining Project Feasibility within the FTAA exploration period, failing which the FTAA may be cancelled.

Sanggunian Endorsement Rule

Endorsement by any one level (barangay, municipal, or provincial Sanggunian) suffices depending on project location; if any Sanggunian opposes, endorsement from at least two levels is required. Resolution of social acceptability issues rests with the LGUs.

Repeal and Effectivity

Revokes DAO 2021-12 (automatic renewal of exploration periods) and amends DAO 2010-21, DAO 2013-10, and DMO 2013-01 accordingly. Regional Offices report quarterly on all tenements. Takes effect fifteen (15) days after publication and upon acknowledgement by ONAR.

Signed by Secretary Maria Antonia Yulo Loyzaga. Summary prepared by EnviSynergy from the official DENR issuance; refer to the full text for binding provisions.