PH-EITI Stakeholder Engagement Record
A Decade of Stakeholder Voices
Since 2015, PH-EITI has engaged communities, local governments, civil society organizations, and industry across the Philippines — from mining areas in the Cordillera to extractive communities in Mindanao. This page preserves that record: every issue raised, every response given, and every commitment made, organized into a searchable public archive.
Regional Roadshows
The earliest voices in our stakeholder record. Communities raised foundational questions about how mining revenues reach the people living alongside extractive operations — questions that would echo across the following decade.
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| National Wealth Management | Collection | Full amount of MGB's share in royalty collection is not released to them as constrained by the budget ceiling imposed by the DBM | DBM to copy furnish MGB regional offices with the notice of advice to debit account or other documents with information on LGU shares. |
| National Wealth Management | Utilization | Most social projects are dole-outs and therefore, not sustainable. | |
| National Wealth Management | Utilization | Barangay captains are part of company payrolls | Shares and collections of barangays should be captured in the EITI report |
| National Wealth Management | Utilization | LGUs' quarterly reports on income and expenditures are not detailed. Spending of shares in national wealth is not clearly reflected. | The BIR regional office will assist the LGU by forwarding the request for information/data to the national office. |
| National Wealth Management | Transfer from National to LGU | Delayed release of LGU shares in national wealth | DBM to copy furnish MGB regional offices with the notice of advice to debit account or other documents with information on LGU shares. |
| National Wealth Management | Transfer from National to LGU | The Notice of Funding Check received by LGUs from DBM on their share in national wealth do not specify which came from royalties and which came from excise tax. Some LGUs do not receive Notice of Funding Check from DBM or credit advice from the bank. Delayed and irregular receipt of Notice of Funding Check (NFC). Notice of Funding Check does not indicate the fiscal year covered by the amount received including the specific sources of the share. | DBM will provide detailed NFC on the condition that collecting agencies (BIR/MGB) will indicate the same information in the joint certification that they submit |
| National Wealth Management | Transfer from National to LGU | LGUs are not informed if deposits to their accounts were already made. Leyte has not received its share from national wealth since 2010. Siquijor also reported that it hasn't received its share. | Provide advance information to the LGUs on the running total collections of MGB so that they will be able to have an initial estimate of their share. Having an estimate will help the LGUs budget and plan local development activities. DBM to consistently inform LGUs regarding actual release |
| National Wealth Management | Transfer from National to LGU | Delayed downloading of LGUs' shares in national wealth causing inefficient local development planning and duplication of development projects | Make necessary changes in the local reporting system particularly the Electronic Statements of Receipts and Expenditures (eSRE). Advance information on amount of shares should be provided to the LGU |
| National Wealth Management | Transfer from National to LGU | LGUs lack capacity to compute their shares and verify its correctness | There should be capacity building measures for barangays to formulate local development plans; Capacity of LGUs in revenue management and expenditures should be increased |
| National Wealth Management | Transfer from National to LGU | Some LGUs do not know the process to follow to claim their share | LGUs to internally track the spending of shares from national wealth. Simplify the process on the release for LGU shares. Study the current process and identify steps that can be omitted or simplified |
| National Wealth Management | Transfer from National to LGU | No disaggregation of data to determine how much of the LGU shares came from the mining companies | For the DBM to be able to provide disaggregated data on national wealth, BIR and MGB should provide them with that information; Recording of LGU shares in national wealth should be revised to reflect amounts coming from each sector. |
| National Wealth Management | Transfer from National to LGU | Nueva Vizcaya has not received its share from national wealth. They had done constant follow ups with DBM and BIR. | DBM should also inform MGB and BIR the amount of released shares per LGU |
| National Wealth Management | Transfer from National to LGU | LGUs where the principal office of mining companies is located are receiving higher collection of taxes than the host LGU | Institutionalize automatic retention of LGU share at the local level |
| Laws and Policies on Extractives | What is the extent of the regulatory powers of LGUs on mining companies? What are the limitations on the power of local sanggunians to impose additional fees and taxes? | LGUs should have final say on whether they want mining in their areas or not. This power should be devolved to LGUs | |
| Laws and Policies on Extractives | Are LGUs willing to follow national government policies on minerals? | Consider creating a sovereign wealth fund | |
| Laws and Policies on Extractives | Head offices of mining companies collecting more revenues than the host communities. Issue on the proper taxing jurisdiction. Oceana gold is registered in Kasibu but paying taxes in Quirino. Granting of income tax holiday to mining companies despite LGU protests. Mining policies at the local and national level are not aligned. The LGUs want to impose real property tax on a mineral reservation area; conflict between local and national policies. | Amendment of the Internal Revenue Act and Local Government Code of 1991 in relation to the taxation policy for principal office and host LGUs | |
| Laws and Policies on Extractives | Malampaya is located within the provincial waters of Palawan but taxes are directly paid to the national government. Palawan LGU awaiting a compromise agreement with the national government. | Status of Malampaya funds should be included in the report | |
| Laws and Policies on Extractives | Implementing Rules and Regulations for SSM are too onerous for applicants and all the more discourage applications. Example of onerous provisions: getting individual consent from landowners, MGB has no set period for approval of applications for Minahang Bayan | Inclusion of non-metallic industry in the EITI report | |
| Laws and Policies on Extractives | Need for a more rational revenue sharing scheme so that revenues would most benefit the mining communities | In amending the policy on revenue sharing, include amendments pertaining to the LGU share. Most bills proposing the restructuring of revenue sharing only covers sharing between national government and companies. | |
| Laws and Policies on Extractives | Should LGUs also share from revenues of PMDC because the latter is a GOCC? The LGC states so. | Propose amendments to the Local Government Code regarding taxation scheme between the LGUs where the mining company operated and LGUs where the principal office is located | |
| Laws and Policies on Extractives | Lack of declaration on Minahang Bayan rendered all SSMs illegal. As a result, LGUs have stopped accepting payments from SSM | New IRR for SSM is too onerous for small scale miners | |
| Royalty Management | Royalty payment | Royalties are not properly given to lumads | Develop a mechanism to properly monitor royalties given to IP communities including the spending |
| Royalty Management | Utilization of royalty | Royalty funds are poorly managed and monitored | Monitor how IP royalties are being spent, strengthen the monitoring team at the local levels |
| Royalty Management | System for operating in ancestral domain | FPIC only secured at the exploration stage | Companies at the exploration stage should be included in the report, IPs should be involved in planning SDMPs |
| Cost and Benefit of Extractive operations | Economic benefits generated from extractive industries do not compensate for its environmental impacts | Strengthen mechanism for monitoring benefits from mining operations and focusing SDMP on building human capital; EITI process should be dovetailed with WAVES | |
| Cost and Benefit of Extractive operations | Benefits derived from extractive industries do not translate to local development (particular attention was focused on Indigenous Peoples) | MMT should regularly report to all concerned LGUs – barangay, municipal and provincial LGU | |
| Accountability and Commitment | Government | Backlog in BIR's and MGB's issuance of certification to DBM | |
| Accountability and Commitment | Government | MMTs that are not functioning | Improve the capacity of Multipartite Monitoring Teams (MMTs), Review the process in selecting members of MMTs and PMRBs |
| Accountability and Commitment | Government | Access to information. LGUs would need to go to BIR central office just to access information on taxes paid by mining companies in their area | Develop a mechanism for LGUs to access information relating to tax payments of mining companies |
| Accountability and Commitment | Government | Compensation to landowners affected by mining operations | Develop a provision or guidelines regarding compensation to landowners. |
| Accountability and Commitment | Government | Davao has banned open pit mining. What will be the effect of this on existing mines? | Impact of mining should be discussed in the 2nd report |
| Accountability and Commitment | Government | Can companies without mayor's permit operate on the ground that they have licenses from MGB? | LGUs should have final say on whether they want mining in their areas or not. This power should be devolved to LGUs. |
| Accountability and Commitment | Government | SSM is prevalent in Davao | |
| Accountability and Commitment | Government | LGU representatives attending EITI events differ from one workshop to another; No continuity of efforts / knowledge | EITI report should be presented to local development councils, LGUs should designate an EITI point person for each LGU |
| Accountability and Commitment | Government | No DMRFP has been approved since 2010 | |
| Accountability and Commitment | Industry | A mining company in Cantilan allegedly has no business permit but it continues to operate. Its business permit was issued by the adjoining municipality which the locals are now contesting. | Propose amendments to the Local Government Code regarding taxation scheme between the LGUs where the mining company operated and LGUs where the principal office is located |
| Accountability and Commitment | Industry | Mining companies operate private ports, there is concern on the correctness and accurateness of the volume of ores shipped by the companies | Include revenues from processing (downstream) in the next report |
| Accountability and Commitment | Industry | SDMP projects of mining companies do not always cater to the needs of the community; LGUs have no idea how SDMPs are implemented. The SDMPs are not embedded in the LGU projects. No consultation with LGUs regarding company's social projects. Projects are just turned over to LGUs when they are finished | MGB should issue a memorandum circular requiring companies to collaborate with local development councils in planning the SDMP |
| Accountability and Commitment | Industry | 7 companies in ARMM have MPSAs but the report only includes SR Languyan | Include ARMM companies in the EITI report |
| Accountability and Commitment | Industry | Exploration phase lasting up to 6 years with no collections but the company is already extracting minerals | Before coming up with a mineral plan, national government should craft an industrialization plan |
| Accountability and Commitment | Industry | Not all levels of the LGU are well-informed on the progress of SDMP implementation | Companies should keep track of the impact of their social projects and submit a report to regional MGB |
| # | Recommendation |
|---|---|
| 1 | Integrate SDMP to development plans of LGUs |
| 2 | The report should include information on company violations |
| 3 | Include non-metallic mining in the next report |
| 4 | LGUs should be involved in drafting guidelines for environmental protection |
| 5 | Utilization report on shares from national wealth should be included in the DILG's open portal |
| 6 | Transparency measures of EITI should be adopted by LGUs at the local level |
| 7 | Examine status of PMRBs |
| 8 | Increase capacity of LGUs in monitoring mining operations in their area including the sales and revenues of mining companies so that they will have an idea on the amount shares that they should receive |
| 9 | Automatic release of the LGU shares from national wealth |
| 10 | Accounting of the LGU shares as trust fund |
| 11 | Monitor the spending of the IP royalties to know whether these are used to improve the community |
| 12 | Strengthening of monitoring teams at the local level |
| 13 | Strengthen MMT monitoring |
| 14 | Capacitate LGUs regarding planning and management of SDMP |
| 15 | SDMP should be integrated in the local development plan of LGUs |
| 16 | Bottom-up budgeting should be strengthened at the barangay level to increase participation of the community |
| 17 | Before coming up with a mineral plan, national government should craft an industrialization plan |
| 18 | We should have M&E on the royalties received by IPs |
| 19 | LGUs should have effective monitoring tools for natural resource revenues |
| 20 | EITI report should include information on mine rehabilitation programs, copies of environmental plans and status of funds |
| 21 | Geothermal energy should be included in the report (recommendation from Albay) |
| 22 | Jose Panganiban Municipality applied for Minahang Bayan in 2013. No action until now. |
| 23 | EITI report should also include discussion on permits obtained from LGUs and the process for approval |
| 24 | EITI report should include challenges in collecting payments from companies |
| # | Action Point |
|---|---|
| 1 | Relay Cantilan issue to MGB |
| 2 | Relay issues/recommendations to BIR, MGB, DILG |
| 3 | Discuss with MSG the inclusion of barangay data |
| 4 | Coordinate with RD of NCIP on the monitoring template for royalties |
| 5 | Follow up designation of point person for EITI for each LGU |
| 6 | Study/note recommendations on additional information in the report |
| 7 | PH-EITI Secretariat to work with ULAP in making the PH-EITI findings useful relevant to local development planning |
| 8 | EITI to find possible areas of integration with WAVES based on the kind of data that WAVES will produce |
| 9 | Study suggestions for additional information in the next report |
| 10 | EITI to further discuss with the Department of Finance the issue on accounting of the LGU shares as trust fund. |
| 11 | Get list of companies from ARMM and ask them for information |
| 12 | Study recommendation on inclusion of companies at the exploration stage |
| 13 | Relay to NCIP the recommendation to involve IPs in SDMP planning |
| 15 | Note/study recommendations on additional information for the report |
| 16 | Relay to BLGF the need for monitoring tools for natural resource revenues |
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Regional Roadshows
A year of sharper data demands. Stakeholders pushed harder for common databases, direct remittances, and accountability structures that could translate national figures into local realities.
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| National Wealth Management | Collection | LGUs echoed concern on the accuracy of the reported figures since BIR do not disclose the reports under claims that the documents are confidential. | DILG rep agrees that there should be an audit report where collecting agencies should be furnished |
| National Wealth Management | Collection | Bureau of Treasury and BIR should fast-track reports as their delay affects the remittance to LGU. | Suggested that company can divide the check payment to national government and to local government hosting extractive activity |
| National Wealth Management | Utilization | LGUs cannot utilize appropriately the corresponding share from extractive to the appropriate year since there is a two year delay in the remittance from DBM | |
| National Wealth Management | Transfer from National to LGU | LGUs are dependent on audit reports to check if extractive companies are paying and if they are taxed appropriately. | |
| National Wealth Management | Share from national wealth should be directly remitted to LGUs | Government and Industry agrees that there should be direct payment | |
| National Wealth Management | Transfer from National to LGU | Delays in remittances. Share from national wealth should be directly remitted to LGUs but the problem is the collection of excise tax to BIR | Government and Industry agrees that payments should be made, and suggested that company can divide the check payment to national government and to local government hosting extractive activity. There should be a mechanism where host LGU and communities can know how much is produced in a quarterly basis, its value, what tax should be paid and how much is their share. |
| National Wealth Management | Transfer from National to LGU | No clear instructions from government, particularly from BIR and DBM, on how to settle payment and taxation if two LGUs are claiming of payments from one company where extractive activities borders on two municipalities (like in the case of Mankayan and Kasibu). | |
| Data Utilization | Government | Creation of a common data base. In every host LGU/community, there should be a group who understands what is being produced, its volume, quantity, classification, how much the mineral costs, how much it will be sold in the market, and how much is the sharing. | |
| Data Utilization | LGU | Host municipalities to understand the flow of money: from the time the ore is extracted, processed, transported and sold. The figures may be provisional. | |
| Laws and Policies on Extractives | Pass a law that will solve the issues on share of excise tax | ||
| Laws and Policies on Extractives | ULAP should also make amendments to the Local Govt Code. | ||
| Royalty Management | Royalty payment | The Chief Administrative Officer of NCIP-CAR highlighted that the IPs must be represented at the civic society org and that the IP Royalties should be made known at the regional offices, and not just in the central office, so that they would know what to monitor. | PH-EITI National Coordinator explained that PH-EITI worked with NCIP to develop a monitoring tool that will monitor the implementation of MOAs and how royalties are being spent. This is not yet being implemented although it was already approved by the Commission En Banc last year. PH-EITI envisioned a consultation, especially in the region, with the IPs on how this can be implemented. |
| Royalty Management | Capacity building for IPs | ||
| Accountability and Commitment | Government | Government agencies should improve their system in the gathering of data and not wait for or in the absence of an administrative order. | |
| Accountability and Commitment | Government | MGB should come up with a uniform template on direct remittances that will reflect the same set of questions across all agencies. One format that are answerable to all information needed by the LGU. | |
| Accountability and Commitment | Government | There should be a group who understands what is being produced, its volume, quantity, classification, how much the mineral costs, how much it will be sold in the market, and how much is the sharing. It will answer a lot of questions if the process will start out with a common database. |
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Regional Roadshows
The year extractive governance became explicitly political. From SDMP duplication to the situs of taxation, communities connected their lived experience to specific policy failures — and named them.
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| National Wealth Management | Collection | Companies are paying business tax in Makati | |
| National Wealth Management | Collection | Automatic retention of the share of the LGU before remitting to national government | |
| National Wealth Management | Collection | Fluctuating figures for the revenues of Bicol Region | |
| National Wealth Management | Collection | Big loss of funds for LGUs due to tax credit | |
| National Wealth Management | Collection | VAT exemption/tax credit given to companies resulted in loss of funds of the LGU | |
| National Wealth Management | Collection | SSMM not properly taxed by the government | |
| National Wealth Management | Utilization | LGU must also be transparent on how they spend the revenues | |
| National Wealth Management | Utilization | Data generation should shed light on the utilization of funds for local development planning | |
| National Wealth Management | Utilization | LGU should have complete control on how to use the shares from national wealth that become part of the general funds | |
| National Wealth Management | Transfer from National to LGU | Respect the autonomy of the local government and there should be direct release of shares from national wealth | |
| National Wealth Management | Transfer from National to LGU | Timely release of shares from national wealth | |
| National Wealth Management | Transfer from National to LGU | DBM unable to provide clear information on the status of funds | |
| National Wealth Management | Transfer from National to LGU | Delayed release of funds, i.e. estimated excise taxes from 2009 to 2013 was more than P10 million but the LGU only received P1.2 million | |
| National Wealth Management | Transfer from National to LGU | Insufficient funds received by the LGU | |
| National Wealth Management | Transfer from National to LGU | Lack of information on how shares from national wealth are computed | |
| National Wealth Management | Transfer from National to LGU | Timing, sharing of funds between LGUs and budgeting | |
| PH-EITI Report Coverage | Data Coverage | Small scale mining companies not yet included | |
| PH-EITI Report Coverage | Data Coverage | Cement industry, sand and gravel and filling materials not yet reflected in the EITI report | |
| PH-EITI Report Coverage | Data Coverage | Include in the coverage of Beneficial Ownership people from the mining companies | |
| PH-EITI Report Coverage | Data Coverage | Transparency should not be limited to revenue generation but on the entire natural resource management system. EITI should move forward in building transformation in resource governance | |
| PH-EITI Report Coverage | Data Coverage | Taxes of non-metallic mining companies like quarrying should be included in EITI reporting | |
| PH-EITI Report Coverage | Data Coverage | Production of gold from SSMM is even larger than LSMM but they are not included in the EITI report. Figure of gold extraction from large scale is only 80 tons per year but small scale mining has 130 tons per year | |
| PH-EITI Report Coverage | Data Coverage | Small scale and non-metallic mines should be included in the EITI initiatives / coverage because these sectors notably have hefty production (in both volume and value) | |
| PH-EITI Report Coverage | Data Coverage | Include corresponding social obligation of companies to the affected communities in the EITI reporting | |
| PH-EITI Report Coverage | Data Coverage | Exact data on the contribution of mining to the economy | |
| PH-EITI Report Coverage | Data Coverage | EITI data focus only on economic indicators and not on the long-term impact to people | |
| PH-EITI Report Coverage | LGU participation | Lack of capacity in the barangay level | |
| PH-EITI Report Coverage | LGU participation | Need help in gathering data because the LGU lacks manpower | |
| PH-EITI Report Coverage | CSO Participation | Media not invited during local development planning and also not aware of the PH-EITI report | |
| PH-EITI Report Coverage | Community Participation | Let the PH-EITI report be a tool for letting the people know what the companies are doing in the communities, both good and bad. | |
| Data Utilization | CSO and Community | EITI should be translated at the grassroots level. Reach out to the barangay level for discussions. | |
| Laws and Policies on Extractives | For almost 6 quarters, Aroroy did not receive excise tax. The tax credit should have been credited in the 60% and not on the 40% share of the LGU. Matter was brought to DBM and BIR but no information received. | ||
| Laws and Policies on Extractives | Push for policy that strengthen the local development council. | ||
| Laws and Policies on Extractives | Consistent with the pronouncement of the President there should be policy on processing of extracted resources. | ||
| Laws and Policies on Extractives | Local chief executives should be given power to regulate and monitor the mining companies and its operations. | ||
| Laws and Policies on Extractives | Situs of business tax is being lobbied in Congress, together with another issue for LGC amendment regarding direct release of shares to LGU. | ||
| Laws and Policies on Extractives | Need for policy and system reform in order for the extractive industry to be better understood by the public. | ||
| Laws and Policies on Extractives | LGUs should pass ordinance on real property tax. | ||
| Laws and Policies on Extractives | Policy gaps and lack of clear guidelines on SDMP. | ||
| Royalty Management | Royalty payment | 1% IP royalties is the lowest compared to other countries getting as much as 10% | |
| Royalty Management | Royalty payment | Withholding tax of the 1% IP royalties | |
| Royalty Management | Capacity building for IPs | IP from CAR should be given a chance to represent them in EITI | |
| Royalty Management | System for operating in ancestral domain | System for operating in ancestral domain | |
| Cost and Benefit of Extractive operations | Region 2 is a watershed area and should be considered a protected area | ||
| Cost and Benefit of Extractive operations | The 3-5% allotment by company for rehabilitation is only good for underground mining. It is very small when used for open pit mining | ||
| Cost and Benefit of Extractive operations | Hazards posed by 6 billion tonnes of lahar in Zambales | ||
| Cost and Benefit of Extractive operations | There is quarrying but SDMP fund is only P5 million per year which is not enough to cover rehabilitation | ||
| Cost and Benefit of Extractive operations | The SDMP should be able to reduce poverty level and remove Bataraza from the NAPC list | ||
| MSG Role | EITI should sponsor a consultation on IPRA and mining. | ||
| MSG Role | Dynamism of EITI must be translated into informed decision-making process. | ||
| MSG Role | ARMM impose 5% revenue tax which is not yet included in the EITI reporting. Help the ARMM institutionalize this mechanism at the regional level and integrate EITI because ARMM can pass a regional law on mining. | ||
| MSG Role | Cultural insensitivity during the consultation meetings. | ||
| Accountability and Commitment | Government | Mistrust of the DILG in Nueva Vizcaya during the meeting for the MOA and not agreeing to sign as a witness in the MOA despite being the one who facilitated the meeting | |
| Accountability and Commitment | Government | MMT not effective in conducting their duties | |
| Accountability and Commitment | Government | MMT should also be involved in the annual EPEP to address progressive rehabilitation | |
| Accountability and Commitment | Government | Push for progressive rehabilitation of mining companies | |
| Accountability and Commitment | Government | PMRB and CMRB should discuss small scale metallic mining and have clear policies | |
| Accountability and Commitment | Government | Hold the LGU accountable for the extraction and destruction that comes from mining | |
| Accountability and Commitment | Government | Ensure that benefits from the industry are equally distributed | |
| Accountability and Commitment | Government | Ensure coordination between companies and local development councils with regard to formulation of SDMP | |
| Accountability and Commitment | Government | LGUs (barangay, municipality, province) must also follow the guidelines on SDMP | |
| Accountability and Commitment | Government | SDMP should be tied up with provincial development plan | |
| Accountability and Commitment | Government | SDMP should be aligned with national and local programs | |
| Accountability and Commitment | Government | Development planning on the side of the LGU and capacity building in order to be self sufficient | |
| Accountability and Commitment | Industry | After the operation of Carmen Copper, the LGU do not receive excise tax anymore | |
| Accountability and Commitment | Industry | Some companies pay only custom taxes | |
| Accountability and Commitment | Industry | Duplication of SDMP projects | |
| Accountability and Commitment | Industry | Due to inconsistency of funds from the extractive industry, LGUs use funds for projects that look good but are not sustainable, e.g. basketball courts, hog raising and coffee farming with no direct market income. Tax Holiday (ITH) of TVI. | |
| Beneficial Ownership | Confidentiality of mining companies | ||
| Political environment | Giving support to politicians during election |
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Regional Roadshows
Employment gaps, rehabilitation funds, and the looming question of Federalism: this year's roadshow mapped the distance between what the law promises and what communities receive.
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| National Wealth Management | Collection | Pending resolution on the case regarding the LGU share from oil and gas activities in Palawan | |
| National Wealth Management | Transfer from National to LGU | Status of the Joint Circular 2016, DOF and DBM provides the release of LGU shares through BTr | |
| PH-EITI Report Coverage | Data Coverage | Employment and workforce data – Availability – Gaps – Identify who is responsible for gathering data – System to capture direct and indirect hires | PMRB has a partnership with DOLE to monitor how many people are employed by mining industry and jobs created through residual businesses. MGB has data on how many workers are directly hired by the mining company. Rule of thumb, for every direct labor = 5 indirect labor. |
| PH-EITI Report Coverage | Data Coverage | Include downstream industry | |
| PH-EITI Report Coverage | Data Coverage | Lack of data on social impact of mining | |
| PH-EITI Report Coverage | Data Coverage | In the executive summary, some companies did not declare social and environmental expenditures | |
| Laws and Policies on Extractives | Appeal to government thru DOF to reconsider TRAIN 2 and exclude PD 87 | ||
| Laws and Policies on Extractives | Dismay on the lifting of the moratorium on mineral exploration | ||
| Cost and Benefit of Extractive operations | Assigning value to damages can help monitor benefits from mining | When can we say that an extractive operation is already excessive or destructive? MGB Regional Engineer said that there is a legal remedy and a technical remedy. The government through the BMB has the power to evaluate. It could also be actual evaluation with the help of technical experts. They may not have the same figures as EMB. | |
| Cost and Benefit of Extractive operations | On the economic contribution of the mining industry – delineation between the revenue from mining and the general fund – how much the industry can expand, how much liberty do mining companies have in the pricing of ore, where can mining companies play a bigger role? | ||
| MSG Role | Community must be able to differentiate responsible mining from old ways of mine operation | ||
| MSG Role | Invite NCIP and most passionate environmentalist NGOs to join MMT | ||
| Accountability and Commitment | Government | Minahang bayan application is taking a long time to be approved | |
| Accountability and Commitment | Government | Pending proposal for Mining Industry Tripartite Council | |
| Accountability and Commitment | Government | Suggestion that SDMPs be anchored in the development plan of the LGU | |
| Accountability and Commitment | Government | Status of the decommissioning and rehabilitation fund | |
| Accountability and Commitment | Government | Lack of rehabilitation cash fund | |
| Accountability and Commitment | Industry | Recommendation to capacitate the CRO | |
| Accountability and Commitment | Industry | Several quarries operating as one entity | MGB Regional Director explained that under the law an operator could actually be given several permits. He committed though to look into the case of Norzagaray, where, allegedly, 17 quarries operate as one. |
| Accountability and Commitment | Industry | Overlapping SDMPs | |
| Accountability and Commitment | Industry | Increase the allocation for social and environmental fund | Industry representative did not agree that it is a matter of increasing funds; rather, it is a matter of planning where to put the revenues from mining. He said there should be inclusive consultation. He encouraged that the SDMP be linked to bigger projects of the municipality. MGB Regional Director explained that the guidelines provide for a minimum percentage/amount for the social and environment fund. He said that companies may give more. |
| Political Environment | Impact of Federalism on LGU (whether it can gain more from the industry or monitor the companies closely) |
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Regional Roadshows
The year of institutional candor. Government agency representatives sat alongside communities to explain — and sometimes acknowledge — the structural reasons transparency had not yet reached the ground.
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| National Wealth Management | Collection | Aroroy Mayor of Aroroy raised the issue on excise tax by Filminera. | |
| National Wealth Management | Utilization | Utilization of revenues from extractive industry, and if these issues are addressed, the trust of the community will increase. | |
| PH-EITI Report Coverage | Data Coverage | Increased coverage and participation of the non-metallic mining sector. | DOF Assistant Secretary confirmed that the report expanded coverage of the non-metallic sector from the top 5 companies for the 4th Report to the top 20 companies for the 5th Report, representing an increased coverage from 43% of total sales in 2016 to 91% of total sales in 2017. The enforcement of DENR Administrative Order No. 2017-07 by the MGB also contributed to attaining practically-100% participation of the targeted mining sector. |
| PH-EITI Report Coverage | Data Coverage | Inclusion of sand and gravel in the regions in future reporting. | |
| PH-EITI Report Coverage | Data Coverage | Inclusivity, particularly in the SSM and what needs to be done. | |
| PH-EITI Report Coverage | Data Coverage | Convince Semirara to participate in the EITI. | |
| PH-EITI Report Coverage | Data Coverage | Highlight impact, challenges and value of the fifth report. | |
| Royalty Management | Mechanism for royalty payment | Challenge of transparency among the indigenous people (IP) | |
| Royalty Management | Mechanism for royalty payment | Mr. A civil society representative directed the question on NCIP and MGB regarding existing policy of NCIP for comprehensive royalty development plan (CRDP) and whether CRDP is mandatory for CADTI application. He noted that IPs do not have a clear guide on royalty utilization. Government cannot do anything about it because it's a private transaction between IPs and the company. Companies report huge amount, but it does not reflect from the ground. | NCIP Director affirmed that CRDP is mandatory. In the formulation of the CRDP, there should be the lookout of the community. He emphasized that royalty is given to the community directly. But NCIP can help in monitoring that. That's a common problem across the country. He assured that the agency is trying to closely monitor that. |
| Royalty Management | Role of NCIP | A lady from Ateneo de Davao asked NCIP Director on steps done to address the large variance in NCIP as presented in the report earlier. | NCIP Director noted the concern and said that he will check with the regional office. After the process, NCIP will issue corresponding memorandum for the regional office. |
| Royalty Management | Role of NCIP | CSO from TVI asked NCIP on the status of the rehabilitation of TVI and NCIPs participation. | NCIP Director said that presently there are about 240 CADTIs covering more than 5 million hectares. All of the extractive activities are done within the Ancestral Domains (AD) of IPs. The NCIP comes in when an activity is conducted in the ADs. Any entity who wish to enter an AD, needs free prior informed consent (FPIC). Any activity without FPIC is illegal. |
| MSG Role | Oversight in the implementation of PH-EITI | ||
| Accountability and Commitment | Government | LGU Rosario, Agusan del Sur related the struggle of Cossma (Co-op Small Scale Mining Association of Bunawan) in processing their Minahang Bayan permit for almost 30 years now. SSM is governed by ordinary people. They do not have lawyers, accountants and technical people. They are dependent on assistance from the government but have not received any formal support. | |
| Accountability and Commitment | Government | Aroroy Aroroy Mayor asked a question for MGB on mine rehabilitation fund. He said that the mayor is not a member of the Mine Rehabilitation Fund Committee (MRFC), only the Governor. | MGB Director said that membership of the mayor on MRFC, as per DENR guideline, only the Governor sits; but the mayor can sit but not as a voting member. |
| Accountability and Commitment | Government | From a CSO in Panay: they help SSM and IPs in strengthening their organization to be registered in order to benefit from the royalty fees. Other organizations have a hard time registering in the SEC online registration, especially in uploading documents and filling up data. | SEC Assistant Director committed to personally help them. He shared that for company registration, there are three ways: 1. LEAP process (same day registration for companies without secondary license); 2. manual upload of signed articles of incorporation; and 3. regular lane (requires stable internet). SEC MC 2019-15 took effect July 31, now requiring all corporations to disclose beneficial ownership. |
| Accountability and Commitment | Government | A civil society representative probed on the matter of policy and guidelines for extension of MPSAs and contract renewals. | MGB Director explained that the MPSA and FTAA has a life of 25 years, renewable for another 25 years. Mining companies with near expiry should file for renewal prior to the expiry date. There are also provisions for force majeure cases and adverse policies. If the mining has been issued with ECC, no requirement for another ECC if working on the same area and production not changed. |
| Accountability and Commitment | Government | A civil society representative inquired with MGB about the dynamics of the Provincial Mine Regulatory Board (PMRB). He asked about the health of the PMRB being assessed, particularly since there is no uniform practice for PMRBs. He also directed the question to DILG since this is a governance issue. | MGB Director said that PMRB is composed of the MGB regional director, the Governor, IP rep, NGO, AFP, large and SSM representatives, and is reconstituted regularly. DILG Director pointed out that DILG always conducts orientation for new officials. On PMRB reconstitution, the DILG has yet to orient the LCEs on rules and responsibilities. They will coordinate with DENR. |
| Accountability and Commitment | Government | A participant asked the panel on the topic of each agency's readiness and receptiveness regarding interfacing and interconnecting data. | MGB is amenable for interfacing. DILG: full support through their full disclosure policy portal. DOE welcomes changes and puts updated data on their website. SEC is full support for interfacing. NCIP is working to partner and interconnect with other regulating agencies. DOE/ARDB: convinced service contract holders to join EITI. |
| Accountability and Commitment | Government | A participant followed up with a question on how EITI helps each agency fulfill its mandate. | MGB: EITI resulted in MGB issuing policies and standardized scoring. DILG: EITI blends well with the full disclosure policy. DOE: EITI helped them have a MOA with DILG; easier to reconcile figures. SEC: EITI is relevant since extractive industries are SEC stakeholders; GIS revision supports beneficial ownership disclosure. NCIP: EITI allows free flow of information; NCIP has 50 Viber groups for constant communication. DOE/ARDB: EITI complemented the bureau's transparency mandate. |
| Accountability and Commitment | Government | A media participant probed the DOE on steps undertaken to convince Semirara to participate in PH-EITI. | DOE Assistant Director said that DOE will draft a circular to enjoin coal service contract holders to participate in EITI disclosure on revenue and taxes and any earnings they have. |
| Accountability and Commitment | Government | A participant asked the panel how to make EITI more relevant. | MGB: EITI can call a mining company transparent other than compliant. Transparency is one of the parameters for responsible mining. DILG: EITI is significant in making sure LGUs have a role to play in advocating for mine rehabilitation, inclusion of LGU in planning and SDMP and utilization. DOE: EITI helped them have a MOA with DILG; good platform for all to be on the same page. SEC: EITI is relevant since all these extractive industries are their stakeholders. NCIP: EITI has been a great help because it allows for free flow of information; EITI can greatly help NCIP monitor on FPIC. |
| Accountability and Commitment | Industries | How are you using the natural resources extracted? Are you extracting it efficiently? | |
| Accountability and Commitment | Industries | Some mining companies do not complete rehabilitation | On rehabilitation fund, if the area is already mined out, fund to be used is Final Mine Rehabilitation Development Fund (FMRDF). Other fund like Rehabilitation Cash Fund, if you are mining a part of the area, the RCF can be used for that and the other area will be used later |
| Accountability and Commitment | CSO | Struggle in the local area because most of the people are unaware of the rules and regulations. Most of them are uneducated. She hoped that EITI can help them. | |
| Accountability and Commitment | CSO | What is suggested is to plant high valued trees. The people do not have resources so after mine life they could have sustained resources and sustained livelihood and the place is rehabilitated. | On planting of high value fruit trees, every year there is a workshop for MMT to identify what programs to be done for the year. It will be implemented in the program. It is only a matter of bringing the idea/suggestion on the workshop and have it approved by the body. |
| Beneficial Ownership | Challenge in beneficial ownership / challenge of transparency among the indigenous people (IP) |
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OnLearn Online Roadshow
COVID-19 moved the conversations online, but the concerns did not diminish. Gender, subnationalization, and the accountability of cancelled mining companies emerged as new urgencies in an extraordinary year.
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| National Wealth Management | Transfer from National to LGU | Information on how shares from national wealth are computed | DBM representative explained that the LGU is entitled to 40% share of the gross collection derived by the national government. In terms of distribution: 20% for the province, 45% for city/municipality, 35% for the barangay. |
| National Wealth Management | Transfer from National to LGU | On sub-national transfer: how would the LGU know the exact rate it should receive from the national wealth, what is the legal basis and how it is calculated. | |
| National Wealth Management | Transfer from National to LGU | Data on the production volume of other mined out minerals in some areas in Palawan, usually only one mineral is being reported. Are affected communities been given what is due them? | |
| National Wealth Management | Transfer from National to LGU | Clarification on the process of downloading LGU share from national wealth | |
| National Wealth Management | Transfer from National to LGU | Clarification on the process of reconciliation | |
| National Wealth Management | Transfer from National to LGU | Reconciliation at the local level | |
| National Wealth Management | Transfer from National to LGU | PLGU of Nueva Vizcaya has not received the collected amount reported in PH-EITI | DBM will send the process to the provincial government of NV, thru the PH-EITI Secretariat |
| PH-EITI Report Coverage | Data Coverage | Include the Cost of Mining, specifically the social and environmental costs in the report. | |
| PH-EITI Report Coverage | Data Coverage | Detailed breakdown of the report, per province | There is provincial data in the report. |
| PH-EITI Report Coverage | Data Coverage | Do we have a disaggregated data on royalty payments and SDMP per impact area in Palawan? | No disaggregated data yet on SDMP impact. |
| PH-EITI Report Coverage | Data Coverage | Update on the operation of TVI in Bayug, Zamboanga del Sur | |
| PH-EITI Report Coverage | Data Coverage | Information on carbon taxes | This should be included under the TRAIN law, but it is not explicitly discussed in the report. |
| PH-EITI Report Coverage | Data Coverage | Why Tawi-tawi is not included in the report, how can BARMM provinces access data from MGB | PH-EITI report does not cover any project in BARMM area, at the moment. Although it was recommended in the 2017 EITI Validation. |
| PH-EITI Report Coverage | Data Coverage | If there is part of the report where to support the data on expenses | This is not part of the report. |
| PH-EITI Report Coverage | Data Coverage | Including gender and development | There is an initial study, although not yet published, and there is still a need to upscale the framework for gender and development in the extractives. |
| PH-EITI Report Coverage | Data Coverage | In the social and environmental section of the 6th Report, there are companies with no data or zero figures on EPEP/SDMP, is it due to non-availability of data/information from the mining & government, or zero (0) expenditure for EPEP/SDMP? | |
| PH-EITI Report Coverage | Reporting Agencies | Participation of government agencies like the Bureau of Customs in the reconciliation, how can data be accessed and the period when reconciliation should be done. | Agencies like the BoC submits report to PH-EITI, the data from various agencies are reconciled by an Independent Administrator. The data are from the previous fiscal year operation and transactions, collected after the financial statement has been audited. |
| PH-EITI Report Coverage | Reporting Agencies | How can EITI contribute to the fulfillment of the mission of our office (NGA regional office in Region 7) | DILG: data from EITI as a means or reference to validate the share of the LGU from the national wealth; use the information as reference to plan for development projects in the municipality, province. MGB-DENR: data from EITI becomes a reference for transparent and accountable transactions; EITI is a reference for companies to follow what is stipulated in DAO 2017 of MGB. DOE: EITI is a platform of the Oil and Gas industry to be transparent. DBM: EITI is a reference of DBM to validate the amount that should be shared to the LGU from the national wealth. DOF: improvement in the automated system of local government reporting of tax collection from the extractives. ULAP: platform to monitor transactions of extractive industries operating in the province or municipality of ULAP member-LCEs. |
| PH-EITI Report Coverage | Community Participation | "Dapat ang report ng EITI gawing pang-masa, naiintindihan ng lahat, para maiwasan na ang pagtatalo-talo, at magamit ang mga venue kagaya nito para mapaabot sa lahat kung may mga IP royalties na dapat na ayusin". | |
| Laws and Policies on Extractives | Update on the implementation of EO 79, issued in July 2012, which provides for, among others, the identification of NoGo zones, WAVES, etc. On EO 79, where is the final No-Go Zones Map, what is the timeline for its availability? | ||
| Laws and Policies on Extractives | Basis for suspending and re-opening of some mining companies in Zambales. | ||
| Royalty Management | Royalty Payment | Variance in the royalty payment | Admittedly, there are still lags in the process of data management (NCIP CAR Office Representative) |
| Royalty Management | Capacity building for IPs | The need for capacity building of IP communities in order to come up with sustainable plan (CRDP) | The communities are required to craft their own CRDP, and state where they will use the royalty and the development in the communities where the royalty will be allotted. The Commission assess if the plan is indeed helpful to the community. |
| Royalty Management | Capacity building for IPs | Involve ang IP communities in all initiatives | |
| Royalty Management | System for operating in ancestral domain | Make CRDP mandatory for all LGUs with ancestral domain | CRDP is a safeguard for the community that the royalty will not be subject to corruption. |
| Royalty Management | System for operating in ancestral domain | Strictly observe and follow the FPIC (Free, Prior and Informed Consent) rules even for small-scale mining for Ancestral Domain areas | NCIP ensures that FPIC rules are implemented. |
| Royalty Management | System for operating in ancestral domain | Amendment or reform of FPIC or assessment of implementation system by NCIP | |
| Royalty Management | Role of NCIP | Clarification on the participation of NCIP in the 6th report | The function of NCIP is to monitor the royalty. It is also the function of NCIP to make sure that the programs in the CRDP are delivered to the communities. |
| Royalty Management | Role of NCIP | Does NCIP earn from Mining as reported. How can Ancestral Domain areas ensure that they get royalty from the mining operations. | NCIP to provide clear guidelines to the IP communities on developing CRDP or give assistance to IP communities to develop their CRDP. |
| Royalty Management | Role of NCIP | NCIP shall make the CRDP (Community Royalty Development Plan) available at the regional office, or even at the community level, online or hard copy | |
| Cost and Benefit of Extractive Operations | Cost benefit analysis on the effect of mining in a locality, include the social and environmental costs | ||
| Cost and Benefit of Extractive Operations | Report on the cost to climate risk and hazard assessment. | ||
| Cost and Benefit of Extractive Operations | How does the PH-EITI and the government view the strategic nature of the minerals which are necessary for our own industrialization, but is simply exported in raw form? Could it be more beneficial to reserve them for our own use instead of selling them as raw materials? | ||
| Cost and Benefit of Extractive Operations | No rehabilitation and payment given to communities for damages brought about by 20 metallic mining companies which permit was cancelled in 2017. | ||
| MSG Role | Will localization of PH-EITI help in resolving concerns and issues of the local stakeholder | Localization and sub-nationalization will allow the local stakeholders | |
| MSG Role | Expand the gender and development component of EITI to the community through the CROs | This will be part of the program of PH-EITI in the coming years. | |
| MSG Role | Present disaggregated data on gender and development | ||
| MSG Role | Challenges of EITI implementation amid pandemic. | Delimit the opportunity to share the data from EITI report with sub-national stakeholders | |
| MSG Role | Role of the MSG if there are variances or deficiencies in the reconciled report. | ||
| MSG Role | Update on the status of establishment or institutionalization of MSG in every province | The details of sub-nationalization is still being discussed by the MSG. | |
| MSG Role | Have an MSG at the provincial or municipal level | ||
| MSG Role | Formula for sub-nationalization of natural resource management | ||
| Accountability and Commitment | Government | Compel other mining companies to join PHEITI. | |
| Accountability and Commitment | Government | Report on Mining Governance is also called for, how effective is its monitoring systems. | |
| Accountability and Commitment | Government | Available platform for full disclosure and transparency on extractives at the local level, and CSO engagement | Presence of website, social media where the reports are shared |
| Accountability and Commitment | Government | Mechanism to allow other agencies to participate in providing technical assistance for natural resource management | |
| Accountability and Commitment | Government | Status of Lami BNMI EMI at ZDMC and ORE Asia DRT in Zambales | |
| Accountability and Commitment | Government | Classification conversion system for lots acquired by mining companies, as basis for calculating real property tax. | |
| Accountability and Commitment | Government | Proposed to the Local Government Units (LGUs) with mining operation to come up with local ordinance in order to strengthen EITI implementation at the local level, have a representative in the Regional Development Council, in CAR and in other regions | |
| Accountability and Commitment | Government | If companies will not be able to comply with what they committed, what are the penalties? | In case the company is not able to comply, MGB calls its attention. |
| Accountability and Commitment | Industry | How to ensure that companies are accountable to their commitment written in their EPEP and SDMP, are there penalties? | The SDMP is a 5-year program which the company plans out together with the communities. In case the company is not able to fulfill its commitment, it can go to MGB. Then MGB should require the company to provide what it had committed under the SDMP. The MGB monitors the project of the company, using a scorecard; so far none of the companies have failed in its scorecard. |
| Accountability and Commitment | Industry | How can mining companies avail of DOST's CRADLE Program, what are the other agencies involved in the program. | The CRADLE Program is a partnership between COMP and DOST. Mechanism to reach the companies and match mining technology of DOST. |
| Accountability and Commitment | Industry | How can mining activities be sustainable in these times of pandemic and worsening climatic and ecological crisis. | |
| Accountability and Commitment | Industry | On projects for the communities, why are companies utilizing the taxes they paid for to the communities for their projects. | |
| Accountability and Commitment | Industry | Rehabilitation for mined areas in Antipolo should be started | |
| Accountability and Commitment | CSO | Can CSOs participate in the monitoring of LGU utilization of share from national wealth? | |
| Accountability and Commitment | CSO | Increase participation of civil society in the EITI and natural resource governance discussion |
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OnLearn Cluster Sessions and National Conference
Five regional clusters. One national conference. A new DBM portal. And a persistent question that cut across all clusters: how do we make this data real for the people it is supposed to serve?
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| PH-EITI Report Coverage | Data Coverage | Bakit hindi kasama ang BARMM sa previous reporting cycle ng PH-EITI? (Why is BARMM not included in the report?) | PH-EITI National Coordinator: BARMM has autonomy not covered by DOF or DENR. BARMM government needs to decide whether to implement EITI. PH-EITI can help BARMM start implementation but awaits senior ministers' decision. Subnationalization could serve as a form of BARMM engagement. |
| National Wealth Management | Transfer from National to LGU | Paano masisigurado na natanggap na ng LGU ang share nito from national wealth? (How to ensure that the LGU receives its share?) | PH-EITI National Coordinator: The DBM has launched a new National Wealth Shares Portal that shows how much, for what period, and whether the share has arrived. Paper works and advice or notice are also sent. |
| Accountability and Commitment | Industry | Kung hindi masusunod ng companies ang SDMP and environmental commitments, ano ang magiging action ng MGB? (If companies fail to comply with SDMP and environmental commitments, what action will MGB take?) | PH-EITI National Coordinator and MGB: Non-compliance with permit conditions can lead to heavy fines, suspension, or even cancellation of operational permits. MGB has administrative orders and sanctions per DAO 2017-07. |
| Data Utilization | CSO and Community | Paano nata-train ang POs, IPOs, at CSOs sa pagbasa ng data? (How can POs, IPOs, and CSOs be trained to read EITI data?) | PH-EITI conducts data dive workshops and games to help participants open reports, understand jargon, and create infographics. Specific sessions can be requested. Training is challenged by the pandemic. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| National Wealth Management | Utilization | Can CSOs participate in monitoring what happens to the LGU share from national wealth? | The DBM National Wealth Shares Portal (launched March 2021) is publicly accessible. Capacity building on using the portal will be conducted at the ETW in November. |
| National Wealth Management | Utilization | How do you compute the royalty fund for the IP community? | The law mandates a minimum of 1% of gross output. The minimum is 1% but communities can negotiate higher rates. |
| National Wealth Management | Utilization | Barangay-level transparency on the use of national wealth shares: communities do not know how much was received or which projects used those funds. Suggestion to post national wealth share receipts and usage on transparency boards. | A civil society representative: We are urging a joint memorandum circular between DBM and government agencies to issue guidelines. DILG Director: COA monitors compliance; DILG can issue validation and verification if guidelines are violated. |
| National Wealth Management | Utilization | What are the consequences if LGUs do not follow guidelines in the utilization of their shares in the National Wealth? | A civil society representative: DILG guidelines cover the utilization but enforcement must be clarified through a joint MC. DILG Director: COA monitors compliance; DILG can issue validation and verification if guidelines are violated. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| National Wealth Management | Transfer from National to LGU | Bakit delay/wala ang downloading ng excise tax or remittance ng LGU shares papunta ng province, municipal, at ng barangay? | DBM Region VIII: Release is handled by the central office. The process involves joint certifications from collecting agencies and BTr. Written queries should be addressed to the regional office. Online requests are also accepted. |
| National Wealth Management | Utilization | Paano po mamo-monitor ang utilization of LGU shares from national wealth? | PH-EITI National Coordinator: When shares arrive, they are aggregated into the general fund. BLGF has the ENRDMT data system on collections and utilizations per LGU, accessible publicly but limited. A proposed Joint Memorandum Circular with a special fund provision is still pending in DBM. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| Accountability and Commitment | Government | In Zambales, suspended mining companies were allowed to reopen. What is the basis and status? | MGB Region 3: After validation, DENR Central Office issued lifting orders for ZDMC (September 2019), Lami (January 2021), EMI (October 2020), and BMNI (August 2020), based on compliance with conditions. All four are now operational. |
| National Wealth Management | Transfer from National to LGU | PLGU NV: Problem is delayed remittance of share on excise tax on minerals. Always a disparity in data. Latest share received was for 2018-2019. Request to be furnished a copy of payments made to BIR as basis for target-setting. | DBM RO1: Under Mandanas-Garcia ruling, additional shares now include excise tax on minerals. Shares are released by DBM central office based on joint certifications. Recommended PLGU write to BIR. BLGF to share tracking resources. |
| Royalty Management | Royalty payment | Paano nata-tract kung saan napunta o paano ginamit ang royalty fee na nakuha ng IP communities? | PH-EITI collects data on IP royalties. NCIP should monitor CRDP compliance. There is an existing monitoring tool but implementation is challenged. PH-EITI working to improve monitoring through online reporting tools. Bantay Kita is reviewing the tool in collaboration with NCIP-CAR and Benguet. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| PH-EITI Report Coverage | Data Coverage | Why are there companies with no data or zero (0) on social and environmental expenses? Is it due to non-availability of data or zero (0) expenditure for EPEP or SDMP? | PH-EITI National Coordinator: Some companies did not participate due to COVID-19 disruptions. Those who did not submit data were warned by MGB that sanctions under DAO 2017-07 would be enforced. |
| Cost and Benefit of Extractive Operations | Based from the report, the tax received from the extractives is smaller compared to the tax from agriculture. Does this show that the income of mining companies is less than that of farmers? | PH-EITI National Coordinator: The mining industry should be compared as a whole sector, not per individual. Agriculture is a larger industry overall. Chamber of Mines: A deeper analysis of data is needed; the important question is what the correct taxation should be. | |
| National Wealth Management | Utilization | Paano mata-tract kung paano ginamit ng LGU ang share niya from national government? | PH-EITI National Coordinator: LGU shares enter the general fund and cannot be tagged to specific projects. There is a proposed JMC with a special account provision for wealth shares from minerals excise tax but it has not been issued. BLGF has limited data per LGU on collections and expenditures. |
| Royalty Management | Royalty payment | Nakakapag-participate na ba ang NCIP sa pag-monitor ng royalties na natatanggap ng IPs? | PH-EITI National Coordinator: NCIP despite challenges is performing its mandate to monitor. PH-EITI and NCIP have ongoing engagement and training of regional offices on the online reporting tool. Bantay Kita (Project DATA): Working with NCIP to review and update the IP royalty monitoring tool and MOA provisions. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| National Wealth Management | Transfer from National to LGU | Why is there a delayed release of the 40% share of the LGU from metallic mining? The latest share received was for October-December 2019, released December 23, 2020. | DBM: Collecting agencies need to reconcile with the Bureau of the Treasury and issue a Joint Certification first. Once received by DBM, release occurs within 15 calendar days per the citizen charter. The releasing of funds is highly dependent on the submission of Joint Certifications. |
| Laws and Policies on Extractives | PH-EITI legislation is hampered by: absence of legislation mandating implementation, difficulty of acquiring data from industry, and legal barriers on confidentiality in NIRC and Omnibus Investment Act. What other issues could be addressed through legislation? | DOF Assistant Secretary: Lifting the confidentiality clauses in the NIRC would benefit more than just PH-EITI. Beneficial ownership legislation would also help toward more equitable development planning. | |
| Laws and Policies on Extractives | With EO 130 lifting the nine-year moratorium on new mining contracts, is there a need for new legislation on taxes and royalties for the mining industry? | DOF Assistant Secretary: A proper and transparent tax framework is needed. MGB Director: The fiscal regime cannot be included in an administrative order; Congress needs to pass legislation, especially for additional royalties outside mineral reservations. | |
| Royalty Management | Role of NCIP | Is there a mechanism to monitor the royalty payments to indigenous peoples and how these funds are dispensed? | PH-EITI National Coordinator: PH-EITI has a monitoring tool for IP royalty payments. Currently working with NCIP on training regional offices in submitting reports through the online ORE Tool. |
| Accountability and Commitment | Industry | On the COMP presentation and SDMP: all about programs and money spent but no indication of results and impact on mining communities. Companies should undertake independent socio-economic surveys to measure SDMP impact. | Industry representative: MGB has an ongoing program to monitor long-term impacts of SDMP. SDMP should be a tool toward community capacity to survive after mining operations. MGB Director: MGB has records on classrooms built, scholars graduated, livelihood programs created. |
| Laws and Policies on Extractives | The existing policy has no specific guidelines for reconciliation of data between BIR and MGB in the collection of government royalty and taxes. BIR bases collection on applied volume while MGB bases on actual exported volume, providing large discrepancies. | MGB Director: MGB collects royalties within mineral reservations only; all excise taxes collected by BIR. A review of working guidelines between MGB and BIR is in order. DOF Assistant Secretary agreed and noted that slight timing differences may also account for discrepancies. |
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Extractives Transparency Week
Beneficial ownership took center stage alongside the energy transition. Women leaders from extractive-host LGUs came together to speak on governance, equity, and what responsible mining actually looks like in their communities.
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| Beneficial Ownership | How should the balance between data privacy and beneficial ownership disclosure be struck? What should be disclosed and how should it be published? | Open Ownership: The debate is not just about why data is published, but what is published and how. Governments and companies should not collect and disclose data beyond the minimum necessary. A carefully designed exemption process allows individuals with legitimate security or privacy concerns to request that their details not appear on an open register. | |
| Beneficial Ownership | What is the minimum material information required in a BO disclosure, specifically regarding the identity of the natural person and ownership percentage? | Bantay Kita PH-EITI National Coordinator: Minimum material information should include the identity of the natural person and the percentage of ownership. | |
| Beneficial Ownership | On BO policy issuances: policy makers should have a clear understanding of the objectives of beneficial ownership disclosure to fight corruption, illegal acts, and money laundering. | UNODC: Clear policy objectives should anchor all BO disclosure frameworks. Open Ownership provides tools and technologies to allow disclosure. | |
| Beneficial Ownership | On BO registries: the Philippines' current GIS-based system does not make information publicly available. BO information is only accessible to law enforcement and competent authorities, not the public. | SEC Director: BO disclosure requires a multifaceted approach. SEC can provide data needed for policy on the 60-40 rule and qualified natural persons. The direction for public disclosure will be shaped by stakeholder input and policy decisions. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| Laws and Policies on Extractives | How can the Philippine extractive sector align with energy transition while ensuring transparency and responsible resource governance? | DOE: The Clean Energy Scenario under PEP 2020-2040 targets at least 35% renewable energy by 2030 and 50% by 2040. The Philippines is the 5th most mineralized country in the world and must develop resources sustainably. | |
| MSG Role | Investment decisions are increasingly informed by ESG metrics. How should PH-EITI respond to evolving ESG expectations? | EITI International Executive Director EITI International Executive Director: Revenue mobilization is critical for national development. EITI disclosures can contribute to the evolving ESG framework and complement data published by companies and investors. Priorities include strengthening anti-corruption communications and building partnerships with anti-corruption groups. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| Royalty Management | Role of NCIP | Hundreds of millions in royalty payments from extractive and non-extractive industries have flowed to ancestral domains but this income stream has not led to fair redistribution and smart re-investments. There is an urgent challenge to improve governance and management. | NCIP Director: There is no wealth management plan. Sustainable plans do not correlate with FPIC guidelines. NCIP needs to enhance its policy guidance and technical support first. NCIP proposed an IP Wealth Management Framework to address this. |
| Royalty Management | System for operating in ancestral domain | Questions on who owns the wealth and who will get what; transparency and accountability of IP wealth management. | NCIP: The IP Wealth Management Framework is being developed to guide IP communities in managing royalties sustainably and accountably. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| Accountability and Commitment | Industry | Corruption in the artisanal and small-scale mining (ASM) sector: around 45 million people engaged globally; informality feeds corruption through smuggling, money laundering, and rent-seeking. | NRGI: Recommended close cooperation between government actors and miners, introduction of Fair Trade Standards, and adding an outside radar to ASM through external oversight mechanisms. |
| MSG Role | Selection of Civil Society Organizations in the MMT and PMRB. How is the participation of local communities ensured in these monitoring bodies? | MGB Region 13: MMT is an independent entity that ensures community participation. Caraga Region is the mining capital with 34 large-scale mining companies all with full MMTs. Relevant environmental laws govern MMT composition and function. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| Accountability and Commitment | Government | When we ask LGUs for data, the Governor has to approve it otherwise department heads will not provide it. There is a law about data-keeping but the process is not transparent. | DILG Undersecretary: Freedom of Information applies; as long as you submit necessary requirements, they should provide documents. A gender advocate: Civil Society Organizations help desks can be approached for concerns against government officials. |
| Accountability and Commitment | Industry | How can we elevate more women leaders in our extractive company? What is the best indicator when 20% of our workforce are women, with 7 out of 17 managers being women? | A gender advocate: The numbers are good but we should aim for desirable equity, ideally 50%. An industry representative: Start with formation of women's groups, attend seminars, and integrate outside forces to generate more participation. |
| PH-EITI Report Coverage | Data Coverage | Is there data or reference to show whether the ratio of women in the extractive sector is enough? | A gender advocate: The data shows unequal employment opportunities. Extractive industries are seen as solely male and women are hired for non-technical positions. Many companies lack gender officers. |
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Extractives Transparency Week — A Decade of Transparency
Ten years of PH-EITI. Civil society reflected on civic space. Communities asked whether subnationalization could finally bring transparency where they live. The fiscal regime debate reached Congress.
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| MSG Role | Are civil society organizations fully, actively, and effectively engaged within the EITI process? Are there obstacles or barriers to CSO and community participation? | A civic space assessment found that while CSO-MSG members have effectively used the PH-EITI platform, their mandate to fulfill constituency feedback and accountability needs strengthening. Awareness of communities regarding PH-EITI objectives is somewhat low. Engagement at the community level has not yet found its way into the operational budget of the Secretariat. | |
| MSG Role | How do things move toward stability when there is no anchor, no one to synthesize varying experiences? (CSO MSG KII respondent) | PH-EITI remains valuable both as an initiative and as a space. It is the responsibility of CSOs within the MSG to take the helm of their constituency through various processes and tools for constituency building. | |
| Accountability and Commitment | CSO | Some CSOs have reported that access to formalization has encountered difficulties due to additional requirements spurred by recent legislation. Social media has also been used to label CSOs as subversive. | While a number of pressures on civic space are external to PH-EITI, exploring ways for civic space maintenance within PH-EITI is a promising direction. PH-EITI's openness to the CSO Shadow Report demonstrates its commitment to scrutiny. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| Laws and Policies on Extractives | The Philippines is the 5th most mineralized country in the world but has not maximized this potential. How can the extractive industry develop these resources sustainably in light of the energy transition? | DOE: The PEP 2020-2040 targets at least 35% renewable energy by 2030 and 50% by 2040. Critical minerals such as nickel, cobalt, copper, lithium, and rare earth metals are needed for the energy transition. The Philippines is well-positioned to supply these, provided extraction is responsible and sustainable. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| MSG Role | How do we reduce bureaucracy in subnational EITI implementation without creating redundant mechanisms? | Bantay Kita: Assess existing MSGs or multi-stakeholder groups in the locality first. Strengthening PMRBs may be more effective than creating new groups. Expanded composition of PMRBs to include academia and community sectors is worth exploring. | |
| MSG Role | Who will cover expenses for small people's organizations to process registration and accreditation for subnational EITI? | Bantay Kita: Funding support for community organizations to participate in accreditation should be considered in subnational EITI design. | |
| MSG Role | How do we manage expectations in subnational EITI? Some concerns (particularly small-scale mining regulation) may not be effectively addressed at the local level. | Bantay Kita: Clarify the specific issues that can be effectively addressed at the local level to all stakeholders from the outset. | |
| Accountability and Commitment | CSO | Gender in small-scale mining: women are primarily involved in mercury-using gold processing activities, are in the lowest hierarchy of working laborers in SSM, and are seldom included in decision-making processes. | Bantay Kita: There are toolkits on the human rights-based approach to engagement with informal sectors. Training needs assessments revealed communities prioritize actual livelihood assistance over EITI engagement. |
| MSG Role | How do we ensure sustainability of local multi-stakeholder groups after subnationalization is institutionalized? | Bantay Kita: Regular funding is critical. When subnationalization is institutionalized, regular funding should be assured. Subnationalizing must emanate from stakeholders' collective pursuit of a better and more beneficial extractive industry. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| MSG Role | How can increasing public participation contribute to better accountability in extractives governance? | DBM DBM Assistant Secretary: OGP aims to harness citizen partnership and participation in nation-building. DBM maintains and releases updated status on the release of funds of LGUs in the DBM portal. Bantay Kita PH-EITI National Coordinator: Clean energy and critical minerals must center community voices, especially in transition mineral host communities. | |
| Accountability and Commitment | Government | What are best practices in community engagement and inclusivity in the extractive sector? | A local mayor of Tboli, South Cotabato: Inclusive governance that embeds communities in decision-making processes leads to better outcomes and trust. Community feedback should be systematically incorporated into governance. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| Laws and Policies on Extractives | What is the status of the proposed New Mining Fiscal Regime and how will it affect transparency and community benefit-sharing? | DOF OIC-Undersecretary: The proposed fiscal regime introduces a margin-based royalty, windfall profits tax, ring-fencing, and thin capitalization rules. It also institutionalizes a multi-stakeholder oversight body and requires public disclosure of beneficial ownership, production, and revenue data. | |
| Laws and Policies on Extractives | What are the transfer pricing issues in the extractives and how do these affect government revenue collection? | BIR Assistant Commissioner: Transfer pricing manipulation through related-party transactions is a major revenue leakage risk in the extractive sector. The arm's length principle and proper reporting of related-party transactions are critical for ensuring the government receives its rightful share. |
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Regional Roadshow — Bridging Transparency
The first face-to-face roadshow since the pandemic, and the most wide-ranging in our record: six legs anchored by structured dialogues on what subnational EITI could mean for each specific province.
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| Political Environment | The process of acquiring a Certification Precondition (CP) can be lengthy. Sometimes agencies question the delays. In an extractive project that covers ancestral domains over multiple barangays, some barangays give their consent while others don't. Companies would have to request for reconsideration. | Explained by the NCIP speaker as an inherent feature of the multi-community FPIC process. | |
| Accountability and Commitment | Government | Lack of personnel in MGB for monitoring and regulation. Insufficient capacity of LGUs to independently monitor and regulate mining activities without MGB's presence. | MGB conducts capacity building in LGUs for them to be able to handle mining operations even without the former's presence. |
| National Wealth Management | Collection | LGUs do not receive their rightful shares on a timely manner. | DOF Undersecretary committed to discuss this matter with the competent authority who can address this in the DOF. |
| National Wealth Management | Collection | Monitoring of the payment of excise tax due to the BIR remains to be challenging. | |
| Royalty Management | System for operating in ancestral domain | Are migrant IPs considered in the FPIC process? | If the Field Based Investigation (FBI) finds that the migrant IPs have no ancestral domain or land, NCIP will issue a non-overlap certificate. But to protect their rights, they are included in the LGU since they are members of the community. |
| Royalty Management | Role of NCIP | NCIP has no uniform costing. | NCIP CAR said that this is partly because of different levels of accessibility for communities, hence varying transportation costs. |
| Royalty Management | System for operating in ancestral domain | NCIP has multiple assemblies for the FPIC process. | NCIP CAR explained that communities often don't decide on giving their consent during the first assembly, hence it would usually result to having a second assembly. |
| Cost and Benefit of Extractive operations | There is a mining company wherein their 2% excise tax are remitted to the BSP instead of the BIR. | DOF Undersecretary said that this is likely because this is a gold sale, and it is probably withholding tax. BSP is the collecting agent for revenues coming from gold sales. | |
| Laws and Policies on Extractives | There should be stricter environmental law implementation. | There has to be a good balance between environmental protection and economic development. | |
| Laws and Policies on Extractives | Extreme regulations deprive Batanes from selling its sand and gravel. | ||
| Data Utilization | Government | Data gathering is currently only being done at the national level. | |
| Accountability and Commitment | Government | There is a lack of transparency to the communities about ECC results. | |
| MSG Role | PMRBs should expand membership and include other stakeholders such as NCIP and BLGF. | MGB 1 mentioned that they can bring up presentations with the DENR Secretary regarding this matter. | |
| Accountability and Commitment | Government | Conflict between governors and mayors affect the functioning of PMRBs. | |
| Political environment | Regional MGBs have trouble funding PMRBs. Some PMRBs rely on LGU funding, but would require maintaining a good relationship with the provincial government. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| PH-EITI Report Coverage | Community Participation | There are communities that have trouble accessing EITI data online. | |
| PH-EITI Report Coverage | Data Coverage | There is a delay in the accessibility of EITI data. | |
| PH-EITI Report Coverage | Community Participation | Some communities do not have the capacity to use EITI data. | |
| PH-EITI Report Coverage | Community Participation | Language barriers make it difficult to communicate EITI data to communities, especially for individuals who are unable to read and write. | |
| Accountability and Commitment | Industries | What is the participation rate in PH-EITI? | 60-65% of mining, oil, and gas companies. |
| Data Utilization | LGU | How can we use the data for planning and projection if it is delayed? | |
| Data Utilization | LGU | There should be data on how much have already been loaded to the coffers. | In Compostela Valley, the provincial council released a resolution wherein each time Apex Mining remits a payment to the BIR, the provincial council requests a copy of the OR from the BIR. They would then present this to the DBM, to show that they have an estimate on how much their LGU should be receiving. |
| Data Utilization | LGU | There is variance between the value of production and the taxes that were supposedly received by the LGU. | The data presented is production value, not sales. Gross sales data may also be seen in the MGB website. |
| Cost and Benefit of Extractive operations | Why is the share of mining in GDP low? | The speaker associates this with low taxes in the mining industry. The Philippines has one of the lowest taxes for mining in the entire world. | |
| Data Utilization | LGU | Questions raised on whether treasurers are properly collecting taxes from land transactions. | There is a suggestion to monitor income, not just the Governor's income but also the people's income. |
| PH-EITI Report Coverage | Community Participation | There is a discussion on SSM (Small-Scale Mining) contributions, with a suggestion for EITI to include their input. | The speaker mentioned efforts of EITI to study how to involve SSMs in extractive discussions, including contributions to the local economy and excise tax payments. |
| Accountability and Commitment | Industry | Challenges in registering SSMs, with more than 90% in Mindanao operating without proper registration. | |
| Accountability and Commitment | Industry | Lack of medium-scale mining law, which complicates the inclusion of small-scale miners in formal processes. | There is a push for proper legislation to recognize the economic contribution of small-scale miners and include them in formal processes. |
| Accountability and Commitment | Industry | Some SSMs in Itogon felt unhelped by mining companies. | |
| Accountability and Commitment | Industry | Delays in scholarships, financial assistance not reaching beneficiaries, and unmet obligations affecting students' ability to graduate and access education. | MGB CAR is currently working on this matter and relies on the collaboration between the community and the company in verifying whether or not SDMP funds allocated for scholarships were properly disbursed. In the case of Philex Mining Corporation, they explained that some students had trouble in complying with requirements. [1] Some SOAs submitted were not properly sealed and [2] students have to do community service. |
| Accountability and Commitment | Industry | Livelihood programs lack the necessary training, affecting their success and sustainability. | |
| Accountability and Commitment | Government | Open-pit mining areas are left without rehabilitation, causing soil erosion and environmental damage. | Benguet Corporation explained that their Final Mine Rehabilitation and Decommissioning Plan is currently pending with the MGB. |
| Accountability and Commitment | Industry | Abandoned buildings and mines have not been addressed or rehabilitated, affecting the community. | |
| Laws and Policies on Extractives | Not all barangays receive SDMP assistance due to constraints that mandate focusing on host communities. | Companies are merely operating within the bounds of the Philippine Mining Act. Some barangays may not be covered by the SDMP. | |
| National Wealth Management | Utilization | LGUs receive very small amounts, making it difficult to appropriate funds for local development or livelihood projects. Some LGUs receive as little as PHP 1,900 quarterly. | |
| National Wealth Management | Utilization | LGUs are not confident about how to utilize their shares of national wealth due to limited guidance. | |
| National Wealth Management | Utilization | LGUs request a project or program menu to guide the utilization of their shares when received. | LGUs do benchmarking to copy successful projects from other LGUs, which works for some of them. |
| National Wealth Management | Utilization | LGUs find it difficult to trace how mining taxes are being used, unlike energy-related funds where projects are clearer. | |
| National Wealth Management | Utilization | LGU collections, including those from mining, are pooled into the general fund, making it difficult to track the specific usage of mining-related revenues. | |
| National Wealth Management | Utilization | There is no requirement for LGUs to submit liquidation reports for their shares, which can lead to unclear fund tracking. | |
| National Wealth Management | Utilization | Some LGUs do not use their shares immediately but save them over several years for larger projects. | |
| Data Utilization | LGU | There are discrepancies between the reported shares and actual receipts, leading to challenges in data validation and utilization. | LGUs request regular technical assistance and capacity-building to improve the utilization of their shares for development and livelihood projects. |
| National Wealth Management | Transfer from National to LGU | There are delays in the automatic release of shares from national wealth, causing issues in fund plotting and utilization. | |
| Royalty Management | Royalty payment | Itogon IPO says they receive minimal royalties | |
| Laws and Policies on Extractives | Itogon IPO has been waiting for a year for NCIP to issue a CP for ISRI in light of the MOA that was finished in September 2023. NCIP CAR says that the FPIC process for Benguet Corporation's Special Mines Permit is still ongoing, and they have already requested their progress report, because based on the evaluation, it is not moving. | NCIP documents pending at regional office; communities waiting for updates and commission's approval. NCIP CAR is waiting for their recommendation to suspend the FPIC process. | |
| Laws and Policies on Extractives | Itogon IPO and ARTA raised concerns over the lengthy FPIC process, suggesting the need for improvement. | ARTA to help facilitate a whole of government reingeneering streamlining process to cut down on bureaucracy. NCIP said that amendments that would help streamline the FPIC process have already been presented to the Commission En Banc for approval, but there are still stakeholders recommending to hold it off to consider their comments. NCIP also expressed concern on the lengthy process, and hoped for stricter guidelines because delays in the process have real repercussions to the local economy. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| National Wealth Management | Collection | In Region III, some LGUs receive minimal amounts (e.g., 10k-20k/year), while others receive significantly more. | |
| Royalty Management | Role of NCIP | Proposed Minahang Bayan projects by LGUs in Region III have yet to be approved due to issues in approval from the NCIP. | |
| Cost and Benefit of Extractive operations | A farmer claims that their is a high concentration of nickel in their rice farms due to mining. | MGB urged the group file complaints to the EMB; MGB will check the data on metal content and siltation. | |
| PH-EITI Report Coverage | CSO Participation | A MAFC representative says that they are not being included during public consultations regarding the extractives. | MGB III mentioned that there is an MMT that monitors extractive activities. MAFC hopes to be included in the MMT. |
| Cost and Benefit of Extractive operations | A MAFC representative says that they do not experience the benefits of taxes being collected from the local mining industry. | NCIP and EMB should ensure that damages are addressed through MOAs with mining companies, with automatic compensation if proof is provided. | |
| Laws and Policies on Extractives | Farmers who reach out to agencies to file a complaint have the burden of proof. | BK NC said that and PH-EITI has a grievance mechanisms, and subnational monitoring could demand more accountability from authorities like MGB and EMB. | |
| Laws and Policies on Extractives | CSOs express concern over reduced royalties; government justifies it by encouraging more investors, but readiness for environmental and social impacts is questioned. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| PH-EITI Report Coverage | Reporting Agencies | NCIP lacks technical knowledge in extractive industries and related data, highlighting the need for PH-EITI data to assist IPs. | |
| Data Utilization | Government | MGB recognizes that the challenge today is to generate real time data on the extractive industries, as well as increase community participation. | |
| Accountability and Commitment | Industry | BLGF set up checkpoints to monitor quarry sites, fining violators PHP 5,000 for missing or falsified receipts. However, this isn't 24/7. | |
| Laws and Policies on Extractives | BLGF found that quarry sites were not paying real property tax (RPT) for machinery used in operations. One of which is a nickel operation in Homonhon island. | The IRR of the Real Property Valuation and Assessment Reform (RPVAR) Act will soon be released in October. | |
| Laws and Policies on Extractives | Revenue potential is not maximized for mineral lands, which are also subjected to RPT. | ||
| Accountability and Commitment | Industry | Reforestation efforts are slow and exaggerated in reports | |
| Accountability and Commitment | Industry | Toledo CENRO says water quality monitoring is no longer conducted because CCC no longer discharges waste water. However, based on observation, tributaries were found to be contaminated but no one takes responsibility. | |
| Accountability and Commitment | Industry | LGU is unsure whether gold has been valued even in small quantities as a byproduct of copper production. | |
| National Wealth Management | Transfer from National to LGU | Delayed remittance of LGU share in excise tax | |
| Accountability and Commitment | CSO | Inadequate representation of barangays and local environmental offices in the mining Multi-Partite Monitoring Team (MMT) | |
| National Wealth Management | Collection | Some lands are said to be classified as agricultural instead of industrial, leading to lower collections | |
| Accountability and Commitment | Government | Lack of coordination after the phase-out of Atlas Commission | |
| Cost and Benefit of Extractive operations | Uncertainty about the future of the community when mining operations end | ||
| Accountability and Commitment | Government | PMRB has insufficient financial resources and relies on funds coming from LGUs. | |
| PH-EITI Report Coverage | Community Participation | Miscommunication and lack of participation among stakeholders in the PMRB | |
| Political environment | Ambiguity in enforcement and resistance to regulation due to political discretion | ||
| Laws and Policies on Extractives | Associations are discouraged to apply for Minahang Bayan due to the tedious, time-consuming, and costly process involved especially due to lack of capital. | ||
| Political environment | Conflicts over land ownership and resistance to PMRB authority | ||
| Accountability and Commitment | Industry | There is difficulty in creating control maps that would help identify overlap in applications. | |
| Accountability and Commitment | Government | Poor coordination and lack of data sharing between LGUs and MGB | |
| Data Utilization | Government | Where can get the list with production value, MGB or PENRO? | Data on production value can be sourced from MGB. MGB VII publishes an annual report on production volumes and sales revenue. |
| Laws and Policies on Extractives | An industry representative said that they are holding their RPT payments because they are questioning a provision. | BLGF: Tax must be paid before filing a protest, since RPT tax payment is a jurisdictional requirement. | |
| Laws and Policies on Extractives | Is there a policy and process on the subnational implementation of PH-EITI? | ULAP: PH-EITI is working on capacity-building exercises and integrating EITI functions into local bodies, aiming to replicate national-level processes at the local level. | |
| Laws and Policies on Extractives | How is LGU Toledo's EODB implementation ongoing? | Toledo Treasurer: Partial digitization has been implemented. Processing of business permits is done during Q4 and is monitored by a team. | |
| Laws and Policies on Extractives | A CSO participant sought clarification on ECC issuance. | Toledo CENRO: ECC does not expire unless operations stop for more than five years; reapplication is required for development of new areas. Companies must submit regular reports to ensure compliance with ECC conditions. | |
| PH-EITI Report Coverage | Data Coverage | Not all mining companies are included in the pamphlet produced by PH-EITI regarding extractive finances in the region. | BIR requires a waiver for companies to be able to disclose their tax data. PH-EITI notes the need for better coordination. |
| PH-EITI Report Coverage | Data Coverage | Does PH-EITI have data on the quantified damage to water brought upon by the mining industry? | It can be discussed by EITI, but there are agencies with the mandate on environmental protection. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| PH-EITI Report Coverage | Data Coverage | There should be data on civil society. | |
| Cost and Benefit of Extractive operations | USREP-D: Communities do not feel the benefits of mining. | ||
| Cost and Benefit of Extractive operations | We should be more concerned about tree growing than tree planting when it comes to reforestation efforts. | ||
| National Wealth Management | Utilization | LGU funds from national wealth often get mixed with the general fund, making it hard to monitor and allocate specifically for development or livelihood projects. | |
| Accountability and Commitment | Government | JO workers handle the LIFT system of LGUs, posing difficulties in the continuity of knowledge during contract termination. | |
| Data Utilization | Government | Due to gaps in data, it was observed that some LGUs require assistance in reporting through the ENRDMT. | |
| Cost and Benefit of Extractive operations | Mining usually affects water, does CCC have accessible and verifiable data on their efforts to clean the chemical residues left as a result of its mining activities? | The MMT monitors water quality quarterly. | |
| Political environment | Is there a guideline standard for SDMP not to be politicized to keep political interest from interfering? | In the case of CCC, the political factor is minimized since they have to conduct a consultation for SDMP. | |
| Laws and Policies on Extractives | Why is there no regulatory framework in disclosing and identifying where downloaded funds derived from the extractives are being spent? | Under the current legal framework, funds are assimilated to the general fund. It cannot be traced where the fund comes from (whether from NTA or wealth shares). There is also no trust fund, such as the Special Education Fund. It was suggested that PH-EITI lobby on this matter. | |
| Data Utilization | Government | How does the availability of EITI data contribute to holding extractive industries accountable? | EITI is more concerned with informing the public about how much was produced, sold, and collected. When it comes to violations, MGB handles that. |
| Data Utilization | CSO and Community | Are there any initiatives in disseminating information about PH-EITI to communities? | PH-EITI conducts its roadshow and community visits for this reason. |
| Accountability and Commitment | Industry | What does CCC do to address the displacement of communities? | Communities are supported through the SDMP so that their livelihood can continue even when the company has reached its phased-out stage. |
| Laws and Policies on Extractives | Cebu has a lot heavy industries reliant to traditional fossil fuels, how can EITI help facilitate the energy transition particularly in Cebu since there are traditional economic interests? | EITI Standard includes new requirements such as the disclosure of GHGs emissions. EITI can also be used as a platform for planning and dialogues. | |
| Cost and Benefit of Extractive operations | For CCC: What is the extent of land disturbance and what is your rehabilitation plan for the areas affected? | CCC uses 60% of 1,600 hectares for actual activities. They have a Final Mine Rehabilitation and Decommissioning Plan in which they have already deposited certain funds for it. When areas become inactive, it will undergo rehabilitation. | |
| Royalty Management | System for operating in ancestral domain | How can we know whether an area is under an Ancestral Domain? | It was recommended to inquire to NCIP. |
| Royalty Management | System for operating in ancestral domain | Can migrant IPs apply for CADT? | No since they do not have time immemorial possession. |
| Royalty Management | System for operating in ancestral domain | Can NCIP instantly issue a CNO for areas that have already been identified as not part of an Ancestral Domain? | NCIP checks previous records to verify whether an area is not part of an AD. If there are no previous records, only then do they conduct a field-based investigation. |
| Laws and Policies on Extractives | What are PH-EITI's policy recommendations to ensure sustainable and equitable extraction needed to support the country's energy transition program? | PH-EITI is still at the scoping stage. For now, stakeholders should sit down and identify which policies to work on. | |
| Cost and Benefit of Extractive operations | What is the current status of the Philippines when it comes to energy transition? | The Philippines is only at 20% renewable energy today in the energy mix. | |
| National Wealth Management | Utilization | There is a 60-40 share in revenues (40 for LGUs) but in reality, local communities feel the impact of extractives more. We need a policy where we can share these benefits in the future, such as a sovereign wealth fund. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| Royalty Management | System for operating in ancestral domain | Some companies supposedly bypass and manipulate the FPIC process, allowing the exploitation of ADs without the IPs' consent. | |
| Accountability and Commitment | Industry | Mining activities lead to damage and contamination of water sources, affecting the IPs who rely on their land for livelihood and survival. | |
| Accountability and Commitment | Industry | Some mining companies lead to the displacement and loss of livelihood of IPs, thereby affecting their way of life. | |
| Political environment | There are human rights issues and militarization affecting IPs affected by mining operations. | ||
| Royalty Management | System for operating in ancestral domain | Cultural and spiritual erosion brought upon by the destruction of ADs. | |
| Political environment | Political/leadership conflict within IP communities. | ||
| Royalty Management | Role of NCIP | Weak enforcement of legal protection for IPs. | |
| Accountability and Commitment | Industries | The health of IPs are harmed due to long-term exposure from pollutants from mining activities, leading to respiratory diseases. | |
| Data Utilization | LGU | There are troubles in acquiring updated and true records from mining companies. | |
| National Wealth Management | Transfer from National to LGU | The timeline of releasing wealth shares are not being followed, leading to delays in disbursement. | Requesting the annual estimates of mineral production volume and values from MGB leads to better tracking and estimation of shares. |
| National Wealth Management | Transfer from National to LGU | LGUs need to follow-up with NGAs to receive their shares. | LGUs send follow-up letters to NGAs to regularly expedite the release of shares. |
| National Wealth Management | Transfer from National to LGU | In some cases, some shares from previous years are not released. | Focal persons in LGUs personally follow-up with NGAs to ensure timely remittance. |
| National Wealth Management | Transfer from National to LGU | There are no clear details given on how shares are calculated. | |
| Accountability and Commitment | Government | MGB XIII only has few staff. | MGB partners with LGU offices, the latter of which acts as a secretariat, while the MGB is the head secretariat. |
| Accountability and Commitment | Government | Lack of technical personnel assigned in the PENRO-LGUs or P/CMRB. | PENROs are encouraged to hire engineers because of their distance from MGB XIII. |
| Accountability and Commitment | Industry | How is the compliance of participating companies? | A civil society representative: As for the compliance, DENR has DAO 2017-07 requiring mining companies to participate in EITI. Non-compliance to that DAO will result to the revocation of the ECC and non-issuance of ore transport permit (OTP). |
| Accountability and Commitment | Industry | What are the measures in place to prevent corruption in the extractive industries? | PH-EITI is pushing for Beneficial Ownership disclosures and mainstreaming. It also has a feedback mechanism, so specific concerns can be addressed. |
| Accountability and Commitment | Government | How can ARTA help? What is their role in EITI? | PH-EITI can obtain ARTA's guidance in their BO agenda. ARTA can help LGUs in assuring that they receive their wealth shares in a timely manner. |
| Accountability and Commitment | Government | How does PH-EITI engage with local communities? What is the avenue where they can voice their expectations? | There is a proposal in the amendment of PH-EITI MSG membership to include NCIP to ensure protection of IP welfare. Bantay Kita, which is part of the MSG, also has a spectrum of engagements, collaboration, and capacity development of IPs and local communities. Bantay Kita then reports to the MSG. |
| Royalty Management | Royalty payment | The Q1 2024 IP royalties have not been released. An IP participant asked, "Why did this happen?" | NCIP XIII committed to look into the matter. |
| Royalty Management | Royalty payment | There should be monitoring on the usage of IP royalties. | IP royalties are due in their private capacities. Royalties are the private money of the IPs, hence NCIP does not require them to submit how it is used regularly. |
| Royalty Management | Royalty payment | An IP participant wants to receive reports from the MGB on the amount their community will supposedly receive, instead of taking the company's word for it. | MGB said that this has to be requested. |
| Accountability and Commitment | Industry | An employee of a mining company aired his grievance on a mining company's non-contribution to employee benefits. | MGB committed to look into it. |
| Accountability and Commitment | CSO | Usage of SDMP has sustainability issues. | |
| National Wealth Management | Utilization | Sometimes LGUs receive only a minimal amount, making it difficult to allocate funds. | |
| National Wealth Management | Utilization | There is no "menu" of projects an LGU can choose from that can help them guide allocation of funds from extractive industries. There is limited information on how funds are used. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| National Wealth Management | Utilization | Absence of liquidation reports in fund usage. | |
| National Wealth Management | Utilization | Barangays receive national wealth shares but are not required to report through the ENRDMT. | |
| National Wealth Management | Transfer from National to LGU | There is a lag in the release of certification from the Bureau of the Treasury. | |
| National Wealth Management | Transfer from National to LGU | There is an amount unreleased from 2022 from mineral reservation taxes. | |
| Royalty Management | System for operating in ancestral domain | IPs have trouble in applying for the CADT process because it is somewhat new to them, considering their ownership since time immemorial is usually recorded traditionally. | |
| Cost and Benefit of Extractive operations | CSO to consultant: You did not include the contribution of mining to CO2 in the atmosphere. One of the data that I found says that the cutting of trees contributes 17% to carbon emission. Taking that into consideration, the contribution to the economy. How can we justify opening our contribution to the energy transition? | ||
| Cost and Benefit of Extractive operations | CSO: Mining causes damage to flora and fauna. I don't agree with you that we can watch or monitor. It's even hard now. Even our watershed now is open to exploration permit applications without consultation. | ||
| Cost and Benefit of Extractive operations | Somebody needs to study and put the figures out on how much the mining industry contributed to such emissions. | ||
| Royalty Management | Royalty payment | CSO: Many IPs are complaining that they are not benefitting from the IP royalties. | Some royalties are not disbursed due to the absence of the CRDP. NCIP committed to get back to the CSO participant on this matter. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| Royalty Management | System for operating in ancestral domain | IPs are complaining that mining has been in their areas for a long time, yet their communities remain underdeveloped. | |
| Accountability and Commitment | Government | LGUs face challenges to monitoring due to lack of resources/expertise. | MGB runs training programs for personnel for environmental compliance, monitoring, and reporting requirements. |
| National Wealth Management | Collection | Wealth shares from the extractive industries are often minimal, making it difficult to appropriate for specific local development projects. | |
| National Wealth Management | Utilization | There is limited information on the usage of funds collected from the extractive industries. | |
| National Wealth Management | Utilization | There is no project or program menu local governments can choose from when having to use funds from the extractive industries. | |
| National Wealth Management | Utilization | There is no need for a liquidation report, hence there is no transparency in usage of funds from extractive industries. | |
| National Wealth Management | The ENRDMT is not reviewed by BLGF regional offices as it goes straight to the Central Office. | ||
| Accountability and Commitment | Industry | The Municipality of Rizal claims that mining there falls behind in rehabilitation efforts. | |
| National Wealth Management | Utilization | The Rizal LGU MENRO says that they do not have enough funds for environmental management because they are mostly dependent on the LGU's general fund, which is discretionary. | |
| Data Utilization | LGU | Rizal LGU MENRO says that they do not have data on the quantity being extracted from their river systems. They would often just wait on how much in shares they receive. | |
| National Wealth Management | Utilization | Why is Rizal LGU MENRO proposing a Payment on Ecosystem Services (PES) when there is a tax on sand, gravel and other quarry resources? | PES goes directly to the Rizal LGU MENRO. The latter will be part of the general fund, which is discretionary. |
| Accountability and Commitment | Government | A CSO representative filed a formal complaint from two years ago against Ipilan Mining Corporation. She saw that DENR issued a tree-cutting permit for the mining operations despite her complaint. | |
| Accountability and Commitment | Industry | A CSO participant claims that waters near the mine of Rio Tuba Nickel Mining Corporation have been polluted with chromium, and that there are no signs nearby that the water is toxic. They pointed out that this may be a concern for the community's growing population. | |
| Accountability and Commitment | Government | A CSO participant pointed out that there were agreements made on the recently concluded mining summit, where MGB Regional Director was present. | MGB Regional Director clarified that these were not agreements but instead were sentiments. He said that they had just received the report two weeks ago, and asked for time for MGB IV-B to study it. |
| Cost and Benefit of Extractive operations | How come sales in the mining industry went down when there is a high demand for critical minerals? | MGB IV-B explained that the decrease in sales was due to a decrease in price. | |
| Accountability and Commitment | Government | To MGB: Are the results of monitoring for ECC compliance communicated with the public? | MGB IV-B clarified that this matter is beyond their mandate, and is instead the mandate of the DENR-EMB. |
| Accountability and Commitment | Industry | A CSO participant asked why Ipilan Mining Corporation is able to operate despite the lack of a Certificate Precondition. | MGB IV-B clarified that this matter is beyond their mandate, and is instead the mandate of the NCIP. |
| Accountability and Commitment | Industry | A participant claiming to be the legitimate IPO representative of Narra asked Citinickel to pay them their PHP 100 million before they would welcome the application of another mining company. They also want to be recognized by the company as the legitimate IPO. | MGB said that they can talk to Citinickel to check on the validity of their beneficiaries, not singling anybody out. |
| Cost and Benefit of Extractive operations | A CSO participant says that EIA results should be given to the community. | ||
| Royalty Management | System for operating in ancestral domain | An IP participant said that a mining company in their area ruined their livelihoods, dumping waste on their land, and that the company operates without an FPIC. | |
| Accountability and Commitment | Government | The same IP participant said that the MGB did not approve any of the projects he recommended for SDMP last 2023. | MGB explained that not all projects can be approved in the SDMP plan since it is subject to constraints, but they committed to approach the participant after the event to gather more details about his situation. |
| National Wealth Management | Collection | An LGU participant asked whether LGUs have a share on the penalties as well, citing a case wherein a "PMRB" imposed a penalty before a violation has occurred. | MGB Regional Director said that MGB IV-B does not condone penalizing before the violation occurred, and warned that there may be individuals who are pretending to be representatives of the PMRB. |
| Category | Sub-category | Issues and Concerns / Challenges | Recommendations / Responses |
|---|---|---|---|
| Accountability and Commitment | CSO | In Aroroy, Masbate, numerous issues in the 8 barangays: Environmental degradation, biodiversity loss and deforestation; Dumping of ore near residential area and school; Bodies of water are impacted and polluted – impacting the livelihood of farmers and fisher folk, as well as residents; Health problems – cases of TB and diarrhea; Loss of livelihood, families are split; Not properly involved in the SDMP development; 600 legal cases against community residents. | Transformative societal change necessary to respond to biodiversity loss and climate crisis. Emphasis on gender equality. Data-driven: Conduct natural resources evaluation and cost-benefit analysis. For the subnationalization of the EITI: should include communities and CSOs. Regional level instead of provincial/municipal. |
| National Wealth Management | Collection | Data capturing – discrepancies being noted especially in the recent PH-EITI report; Timing difference; Notice regarding due payment. Subnational level should have reconciliation in terms of regional or provincial report. Availability of data should also be accessible locally. | |
| Accountability and Commitment | Government | Hard to secure consent to operate; Politics; To talk to company for small scale mining; To talk to Sangguniang Bayan to give endorsement to small scale miners to legalize their operation. | |
| Accountability and Commitment | Government | Capacitating of Local Government – MENRO is not an established office under Municipal/Local Government. Manner of Reporting – who/what agency would need and access the data. | To include DILG regarding the subnationalization of PH-EITI. Policy on subnationalization. |
| PH-EITI Report Coverage | Community Participation | Presentation of annual report in PH-EITI website is too technical – Local communities might not be able to access data. Dialect concern. Lack of IEC. | To conduct IEC and translation to local dialect of the target community. Laymanized; comprehensible; easy-access. |
| Laws and Policies on Extractives | To make a policy or law to empower MENRO. Issuance of quarry permits of small scale should be done in the local government. | ||
| Accountability and Commitment | Government (LGU Aroroy) | Require the localities to further augment the already pending bill through local to support the subnationalization of EITI. Adjustment of qualification standard of MENRO, DRRMO, and PENRO. Required/mandatory allocation. | |
| Accountability and Commitment | Government (LGU Naga) | Rehabilitation of Area. Implementation of ordinance regarding tree planting. For LGU to monitor mining industry regarding rehabilitation. To provide consequences in every tree planted that did not grow. | |
| Accountability and Commitment | Government | Delays in providing data from remote locations. Data management processes are not consistently monitored or updated. Frequent changes in local government administration disrupt continuity and compliance with reporting obligations. Frequent policy changes lead to uncertainty and hinder long-term planning. | Organize IEC workshops for companies to promote the objectives of open data and transparency. Establish feedback mechanisms for SDMP projects to ensure that funds allocated to LGUs are being utilized effectively. |
| Accountability and Commitment | Industry | Operational Disruptions: Landslides have caused widespread operational disruptions. Political Challenges: Media coverage often portrays mining negatively. Some religious groups oppose mining. NPA has attacked mining facilities. Absence of a defined framework for the allocation and use of community benefit funds. Government claims over projects initiated by companies lead to misunderstandings and conflicts. | Implement stricter and more standardized governance processes across LGUs. Encourage active PMRBs in LGUs to enhance oversight. |
| Accountability and Commitment | Industry | Discrepancies in Monitoring and Valuation: Mining companies measure production based on deposit quality. The government's focus on volume rather than quality results in unequal valuations and disputes over product value. Mining companies are often disproportionately blamed for environmental issues, even in cases where external factors play a significant role. |
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Extractives Transparency Week — Extracting Better Futures
The year RA 12253 was signed into law, laying the legal groundwork for the Transparency Office for Extractives. Stakeholders welcomed this milestone — and immediately identified what remained unfinished: royalty reconciliation, decent work standards, and the long road to genuine subnational accountability.
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| Accountability and Commitment | Industry | How do the various frameworks (ESG, SLO, SDMP, NAVI) intersect and support meaningful participation of community stakeholders? | These frameworks emerged from insufficient information reporting in the past. All standards ultimately focus on protecting people, communities, and the environment. Companies must move from CSR-based approaches to genuine community partnership. |
| Accountability and Commitment | Industry | Despite many strong programs, some communities still feel left behind. Is the issue with community representative selection, the system, or available mechanisms? | OGPI: Some far-flung residents equate "development" almost exclusively with infrastructure. OGPI began aligning more meaningfully with community members to understand what development means to them. MGB: Information dissemination and digital infrastructure gaps are major challenges in far-flung areas. |
| Accountability and Commitment | Industry | Companies cannot be silent anymore. How can companies optimize all available platforms to communicate their initiatives to stakeholders? | Communication must be two-way. Companies must map stakeholder access, habits, and communication constraints to avoid information gaps. Face-to-face engagement remains essential in areas without internet access. Companies must proactively control the narrative to prevent misinformation. |
| Accountability and Commitment | Government | How can government agencies and stakeholders optimize meaningful engagement between companies and communities? | DOE pointed to strengthening how MMT members cascade information to communities. Companies must also practice introspection and adapt strategies that are not producing intended outcomes. Trust begins with accessible information; communication campaigns must ensure messages are understood by communities. |
| Data Utilization | CSO and Community | Breakout groups identified persistent challenges: environmental impacts affecting public perception, legacy issues creating community skepticism, misaligned expectations during exploration, weak communication channels between companies and LGUs, and misinformation spread through social media and bloggers. | Recommendations: use of CTWG structures for monthly dialogue, annual pre-planning workshops, digital and traditional IEC strategies, establishment of transparent grievance redress mechanisms, and building trusted media networks to share responsible mining stories. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| Beneficial Ownership | Can a politician apply for a mining permit? Is there a law prohibiting this? | There is no blanket law prohibiting a PEP from applying for or holding a mining permit. Being a PEP is a risk indicator, not an automatic disqualification. Each case must be assessed for conflict of interest under existing law. | |
| Beneficial Ownership | Are there documented cases where BO transparency contributed to corruption investigations? | Yes. International experience shows that BO transparency has been instrumental in uncovering corruption, money laundering, and illicit financial flows in the extractive sector, particularly where beneficial owners are linked to politically exposed persons. | |
| Beneficial Ownership | With the passage of RA 12253 and the signing of the DSA, will companies still need to submit waivers for publication of BO information? | Based on RA 12253, BO disclosure including public disclosure is now mandatory, suggesting waivers may no longer be required. Final confirmation will depend on the forthcoming IRR. | |
| Beneficial Ownership | How can company systems better align with new government data standards for BO reporting? | SEC is transitioning from PDF-based submissions to web-based BO declarations aligned with international structured data standards. Companies are expected to adjust internal systems to support digital, structured submissions. | |
| Beneficial Ownership | Will BO reporting be institutionalized in licensing processes? | There is growing momentum to institutionalize BO disclosure within licensing and regulatory processes. Discussions are ongoing with DENR, MGB, and other agencies. | |
| Beneficial Ownership | Will BO requirements eventually cover contractors, subsidiaries, or supply chains? | Under SEC rules, all legal persons are required to declare their beneficial owners. There is an expectation that coverage will expand beyond primary contractors, subject to mandate and implementation guidelines. | |
| Data Utilization | CSO and Community | How will BO reforms improve data usability for communities and civil society with limited technical capacity? | Moving to structured, machine-readable data will make BO information easier to analyze and verify. Continued work on accessibility, awareness, and data presentation for communities and LGUs with limited technical capacity will be needed. |
| Beneficial Ownership | What support do companies need to comply with mandatory BO disclosure? | Beyond technical training, companies need clear incentives including streamlined reporting, reduced regulatory burden for compliant companies, harmonized submissions, and possible certification or "trusted company" status. Capacity-building and clear guidance during the transition period are important. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| National Wealth Management | Transfer from National to LGU | Despite revenues already being collected, LGUs experience long processing timelines due to misalignment between revenue projections, actual collections, and remittance procedures. LGUs continue to repeatedly follow up on what is supposed to be automatically released. | DBM explained that actual collections from prior years are reflected in projections for the succeeding year and released two years after collection. Joint certifications from collecting agencies are required before DBM can process releases. DBM committed to improving information dissemination and developing clear timelines. |
| National Wealth Management | Transfer from National to LGU | Province of Nueva Vizcaya received only two quarters' worth of shares for FY2024. Companies paid their obligations in April 2024, yet as of November 2025 the province had not yet received its corresponding share. The Bureau of the Treasury had not yet recorded MGB's collections at the time of follow-up. | MGB clarified that royalties follow a two-year release cycle. MGB and DBM acknowledged the need to improve certification coordination and real-time visibility for LGUs on document status. |
| National Wealth Management | Transfer from National to LGU | Province of Isabela has not received any share from national wealth from the operations of Dinapigue Mining Corporation since 2007, despite formal correspondence to BIR, BTr, and DBM. | A BLGF regional director suggested the province follow up with the Municipal Treasurer of Dinapigue, who retains copies of prior correspondence, as a basis for revisiting the concern. |
| National Wealth Management | Transfer from National to LGU | Municipality of Mainit, Surigao del Norte raised questions on reconciliation and release of national wealth shares from the operations of Greenstone Resources Corporation: discrepancies between BTr regional data and actual receipts, and whether variances identified through reconciliation will be automatically addressed or require formal follow-up. | DBM clarified that reconciliation must be done directly with the collecting agency. DBM cannot process adjustments without certification from the collecting agency. Funds must be budgeted in the year of receipt regardless of when revenues were originally collected. |
| National Wealth Management | Utilization | LGUs face strict revenue targets from BLGF even when national wealth shares are delayed, forcing reliance on supplemental budgets and reducing ability to plan and implement programs effectively. | BLGF Director acknowledged the paradox and expressed support for exploring mechanisms for more direct remittance of LGU shares, similar to arrangements in the energy sector. |
| National Wealth Management | Utilization | There are prescribed guidelines on allowable expenditures for revenues from mining and extractive industries, but LGUs are not always aware of what is permissible. Deviations from prescribed uses may result in audit disallowances. | BLGF Director proposed conducting capacity-building trainings through PH-EITI roadshows, and disseminating updated and current expenditure guidelines. |
| Data Utilization | LGU | LGUs lack real-time visibility on the status of documents within BIR, BTr, and DBM pipelines, making it difficult to explain delays to local officials and plan budgets accordingly. | DBM highlighted the National Wealth Online Portal, which allows LGUs and stakeholders to verify fund release details by company, collection period, and amounts. DBM committed to improving the portal and expanding access. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| Laws and Policies on Extractives | What policies or industry practices are needed to support a just energy transition in transition minerals mining, ensuring alignment with human rights, environmental protection, and climate goals? | Companies must adopt a human rights-based approach. Violations of IP rights and FPIC are among the most persistent challenges. Companies should develop comprehensive human rights policies, establish grievance mechanisms, and follow through on commitments. | |
| Accountability and Commitment | Government | How can government, industry, and civil society strengthen transparency and accountability in climate-related initiatives, particularly supply chain disclosures and community safeguards? | Multi-sectoral engagement through the MSG was highlighted. Energy transition must be understood as a just energy transition. Communities, including IPs, must retain the right to say no. Existing laws must be reassessed to integrate climate change, disaster risk, and GHG accounting. |
| Accountability and Commitment | Government | How can government agencies ensure stricter due diligence and enforcement in mining permit applications, particularly when there are allegations of falsified or forged documents? | Due diligence must be embedded in both government permitting and corporate operations. A shift from CSR-based to a human rights-based approach is necessary to address systemic violations. |
| Accountability and Commitment | Government | What mechanisms are available for communities to seek remedies when mining activities cause harm or when company commitments are not fulfilled? | LGUs serve as the first line of response. The Commission on Human Rights (CHR) conducts community-based dialogues, monitoring, and documentation of human rights concerns. CHR committed to coordinate with its regional office to facilitate engagement at the local level. |
| Accountability and Commitment | Industry | How can companies align their operations and supply chains with the Philippines' national climate goals while ensuring respect for human rights and community welfare? | Panelists emphasized integrating environmental and human rights due diligence into extractive practices. Emerging ESG reporting requirements and supply chain due diligence can drive improvements in environmental performance. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| National Wealth Management | Transfer from National to LGU | Municipality of Guiuan, Eastern Samar only began receiving its share of mining excise tax in 2024, covering taxes paid from 2019 to 2023, after sustained representation. Taxes paid prior to 2019 remain unaccounted for. | Ongoing interagency coordination following a congressional meeting led to improvements. The municipality eventually received PHP 53 million in excise tax shares now funding critical infrastructure. |
| Data Utilization | LGU | LGUs lack access to production data, operating cost figures underlying SDMP computation, export volumes, and royalty tracking details. LGUs cannot verify whether amounts received align with what they are owed. | PH-EITI subnationalization framework aims to improve data access for LGUs. Early lessons from Benguet and Palawan consultations confirm this as a central gap. Formal data-sharing arrangements and capacity-building are being developed. |
| Accountability and Commitment | Government | LGUs are not adequately prepared by national agencies to oversee or understand large-scale mining operations when they enter the municipality. Local officials are often unfamiliar with programs such as the EPEP and mining fiscal policies. | DILG committed to structured capacity-building for LGUs. BLGF proposed integrating capacity-building activities into PH-EITI roadshows. DBM emphasized the importance of continuous year-round engagement. |
| Laws and Policies on Extractives | How do government agencies define and enforce terms such as "responsible mining" and "accountability"? Do these concepts meaningfully reflect community realities? | A local mayor emphasized that mining is governed by national law. MGB confirmed that formal complaints trigger investigations and that operations can be suspended based on findings. | |
| Laws and Policies on Extractives | Should the Mining Act and its implementing frameworks be revisited in light of newer laws and international standards? | Civil society organizations have long called for a review of the Mining Act, pointing to low fiscal contributions to GDP, disaster vulnerability, and the need for no-go zones and cost valuation studies. | |
| MSG Role | There is no single subnational EITI model applicable across all contexts. Key lessons: LGU buy-in is essential; existing monitoring bodies cannot fully perform EITI functions; IP participation must be consistent and substantive. | PH-EITI is developing a flexible subnational framework, expanding groundwork to Cebu, Surigao del Norte, and Dinagat Islands, and piloting localized EITI mechanisms with formal LGU adoption. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| Royalty Management | Royalty payment | Industry representatives contested NCIP royalty figures as grossly inaccurate, noting that actual company payments submitted through EITI are significantly higher than NCIP records, which may create the impression that companies are not paying correct royalties. | NCIP: Figures are based on MOAs approved during the FPIC process and reflect the 1% minimum royalty rate. NCIP called for reconciliation through document comparison rather than dismissal of either dataset. |
| Royalty Management | Role of NCIP | Can reconciliation issues and reporting gaps be incorporated into the ongoing revision of FPIC guidelines? Can MOAs include internal monitoring and grievance mechanisms? | NCIP confirmed that the FPIC guidelines are under revision and that strengthening transparency, grievance handling, and monitoring mechanisms are being considered. |
| Royalty Management | System for operating in ancestral domain | FPIC processes are sometimes bypassed or manipulated. Some companies operate within ancestral domains after their CP has expired without undergoing a new FPIC process. | NCIP can issue the appropriate order to stop activities conducted without a completed FPIC process, though enforcing the order is acknowledged as a challenge. |
| Royalty Management | Utilization of royalty | Internal conflict is a common issue in IP communities receiving royalties, often linked to how funds are spent. Some IPOs are formed by disgruntled clans, creating divisions. Royalties are private money of IPs, but NCIP has limited authority to monitor their use. | NCIP engages communities to resolve issues through customary laws and dialogue, and has a National Validating Team for cases involving complaints. NCIP is engaging with independent auditors and the SASU program. |
| Royalty Management | Role of NCIP | There are no statistics showing how many FPIC processes resulted in consent or refusal, how much royalty money is received, and how much is actually used for development. | NCIP admitted this gap and committed that future presentations would include disaggregated figures and clearer data on FPIC outcomes and royalty utilization. |
| Royalty Management | Role of NCIP | What happened to the ratification of ILO Convention 169? | NCIP confirmed it has re-engaged with UN bodies related to ILO 169 and that discussions to revive the ratification process are ongoing, with DOLE coordination. |
| Laws and Policies on Extractives | The CRDP is a safeguard for royalty management, but many IP communities still struggle to develop their CRDPs even after FPIC is completed. CRDP is mandatory but enforcement is difficult. | NCIP is working to empower communities through engagement with youth and IP women. The SASU program and engagement with the Canadian Embassy are supporting capacity-building for IP communities on royalty management. |
| Category | Sub-category | Issues and Concerns | Responses |
|---|---|---|---|
| Accountability and Commitment | Industry | Freedom of association remains a major issue. Many workers are discouraged or prevented from organizing. Subcontracted and agency workers are often excluded from representation. Red-tagging of union organizers and weak enforcement of Convention 87 were cited. | ILO emphasized the need for integrated national policies supported by tripartite dialogue and a national roadmap for mining that strengthens coordination between DOLE and MGB. |
| Accountability and Commitment | Industry | Precarious subcontracted work creates weak accountability, with some workers buying their own PPE, experiencing delayed or unauthorized wage deductions, and having limited awareness of labor entitlements. | DOLE clarified that principals and contractors have joint and solidary liability, and subcontracted workers should not receive fewer benefits than regular employees. Recent IRR amendments now explicitly recognize mining and harmonize with MGB, DENR, and DOE issuances. |
| Accountability and Commitment | Industry | Gender segregation in the mining sector: women are concentrated in domestic and administrative roles, while men dominate technical and operational positions. Vertical segregation means senior decision-making remains male-dominated. | ILO emphasized the need for gender-responsive skills training, workplace infrastructure, and sex-disaggregated data to enable accountability and shift gender equality from slogan to measurable performance. |
| Accountability and Commitment | Government | How can labor abuses be addressed given limited DOLE inspectors, widespread subcontracting practices, and inadequate reporting of conditions in mining sites? | DOLE introduced digital reporting portals for compliance and accident reporting. ILO highlighted the need to strengthen freedom of association, expand community-level interventions, and involve LGUs in planning, training, and monitoring. |
| Cost and Benefit of Extractive Operations | How can a just transition address informal workers and communities affected by mining, beyond formal employment? Farmers, fisherfolk, transport workers, and vendors connected to mining communities are often excluded from transition planning. | Panelists stressed that just transition policies must include forward and backward linkages in mining communities, address alternative livelihoods during off-seasons, and integrate informal workers into transition planning. | |
| Cost and Benefit of Extractive Operations | Mining hosts communities that often remain among the poorest despite significant SDMP spending, suggesting strategic failure in the design of community development programs. | SDMP should be treated as economic investment rather than CSR handouts, aligned with just transition outcomes. Reporting should shift from input-based to outcome-based tracking. |
| Constituency | Theme | Commitments Made | Next Steps / Actions |
|---|---|---|---|
| Mining Industry | Social License and ESG | Commitment to move beyond the infrastructure mindset in SDMP. Industry acknowledges ESG is now the baseline. Firm commitment to ensure accuracy of beneficial ownership data filings in line with RA 12253 and the DOF-SEC Data Sharing Agreement. | Bridge information gap using digital and on-ground dialogue. Support SEC-PH-EITI DSA implementation. Operationalize sustainable mining protocols with verifiable reporting. |
| Oil and Gas Industry | Accountability and Energy Transition | Renewed commitment to community engagements as strategic investments in host region resilience. Alignment with emerging ESG and decarbonization expectations. Full cooperation with BO disclosure requirements. | Proactive disclosure of CSR and SDP achievements. Continued collaboration with DOE on policy reforms. Rigorous internal checks to ensure accurate submissions to SEC and EITI. |
| Government | Resource Sharing and Subnational EITI | DILG committed to embed open governance practices in LGUs through MC 2025-065. DBM committed to improving transparency on national wealth release timelines. Agencies acknowledged systemic bottlenecks in LGU revenue sharing and committed to reform. | Joint webinar series on RA 12253 IRR for LGUs. Continued development of the National Wealth Online Portal. Expansion of subnational EITI groundwork to Cebu, Surigao del Norte, and Dinagat Islands. |
| Civil Society | Community Rights and Transparency | CSOs reaffirmed use of PH-EITI as a platform for raising community concerns. The PH CSOs Mining Watch Campaign was formally launched. CSOs emphasized the need for cost valuation studies covering water, ecosystem, and livelihood impacts. | CSO action points submitted to government and PH-EITI MSG. Continued advocacy on FPIC implementation, gender-responsive mining governance, and inclusion of informal and small-scale miners in transition planning. |
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What Has Changed? What Still Needs Work?
This matrix maps 18 recurring issue-themes against a decade of stakeholder testimony, government responses, institutional actions, and verified policy reforms. Use the filters below to explore what has been addressed, what is in progress, and what remains an open challenge for PH-EITI and its partners.
| Theme | Specific Concern | Where & When Raised | Forum-Level Response | PH-EITI / Gov't Actions After Forum | Policy or Legal Reform Achieved | Remaining Gaps | Status |
|---|---|---|---|---|---|---|---|
| National Wealth Sharing & LGU Revenue Transfers | Delayed release of LGU 40% share in national wealth. LGUs receive funds years after collection with no advance notice. Follow-ups to collecting agencies go unacknowledged for months. | FY 2015 (Leyte, Siquijor, Nueva Vizcaya); FY 2016; FY 2017 (Aroroy – 6 quarters no excise tax); FY 2019; FY 2020 (PLGU Nueva Vizcaya); 2021 OnLearn – all 5 clusters; 2021 NatCon; 2024 Northern Luzon RTD; 2024 Mindanao RTD; ETW 2025 Gov't Constituency (PLGU Nueva Vizcaya – PHP 466M paid April 2024 still unreleased; PLGU Isabela – no share from Dinapigue Mining since 2007; Mainit Surigao del Norte; Guiuan Eastern Samar – first received share in 2024 covering 2019–2023 payments) | DBM explained joint certification process and 15-day release rule. Affected LGUs were advised to follow up in writing with collecting agencies. At ETW 2025: DBM committed to improving information dissemination and developing clearer timelines. | DBM National Wealth Shares Portal (July 2021) — publicly accessible. PH-EITI–NCIP MOU (February 20, 2025) includes provisions on improving wealth share data for IP areas. | RA 12253 Section 10 (amending NIRC Section 287): LGU 40% share released directly and immediately to LGU treasurers without lien or holdback. DOF, DBM, and DILG required to jointly issue streamlined disbursement rules (IRR Section 13). IRR Section 14: Local business tax capped at 50% of 1% of gross output. | DOF-DBM-DILG joint disbursement rules not yet issued as of December 2025. Two-year lag in release continues. Proposed Joint Memorandum Circular on a special fund for mining shares — proposed since FY 2016 — still not issued. PLGU Isabela has not received any share from Dinapigue Mining since 2007 despite formal correspondence to relevant agencies. | ◑Partially Addressed |
| National Wealth Sharing & LGU Revenue Transfers | LGUs cannot identify which portion of their general fund came from mining. No tagging of national wealth shares by source or company. Communities cannot be told how mining revenues were used. | FY 2015; FY 2016; FY 2017; 2021 OnLearn – Caraga, Visayas, Southern Tagalog Clusters; 2024 Visayas Roadshow; 2024 Mindanao Roadshow; 2024 Naga RTD | Collecting agencies explained that disaggregation requires source information to be included in their joint certifications first. | BLGF ENRDMT system captures some LGU revenue data. PH-EITI mainstreaming action plan included improving local revenue reporting. | RA 12253 Section 10 and IRR Section 13 require direct release to LGU treasurer but do not require a separate special account or tagging of mining-specific funds. IRR Section 26(e) requires the future TOE to disclose LGU shares in national wealth as part of its data coverage. | No trust fund or special account mechanism enacted. LGUs have no requirement to report specifically on how national wealth shares were spent. | ✗Unresolved |
| National Wealth Sharing & LGU Revenue Transfers | Mining companies registered in other cities pay business tax there, not in host LGUs. Principal office receives more tax revenue than the municipality where extraction actually occurs. | FY 2015; FY 2016 (border municipalities); FY 2017 (situs of business tax lobbied in Congress) | PH-EITI committed to relay to relevant agencies. LGC amendment proposed. | PH-EITI included situs issue in MSG deliberations and advocacy to Congress. | RA 12253 IRR Section 14: Local business tax for mining contractors capped at 50% of 1% of gross output. This clarifies the rate cap but does not resolve the situs problem of where the tax is paid. | Congress has not passed a definitive LGC amendment to fix the situs problem. | ◑Partially Addressed |
| IP Royalty Management | IP royalties delayed, disputed in amount, or not paid at all. Discrepancy between NCIP records (based on MOA minimum 1%) and company EITI submissions. CRDP mechanism often absent when royalties are released. | FY 2015 (royalties not properly given to IP communities); FY 2016 (NCIP royalty monitoring tool approved but not yet implemented); FY 2017 (1% rate cited as too low; withholding tax on royalties); FY 2019 (CRDP confirmed mandatory; large variance in NCIP records); FY 2020; 2021 OnLearn – all clusters; 2022 ETW; 2024 Mindanao RTD (Q1 2024 royalties not released); 2025 ETW Session 3 (industry contested NCIP figures; NCIP committed to reconciliation and disaggregated data) | NCIP confirmed CRDP is mandatory and committed to monitor. At ETW 2025: NCIP acknowledged the data gap and committed to include disaggregated FPIC outcome and royalty utilization data in future presentations. | PH-EITI developed an IP royalty monitoring tool in partnership with NCIP (2015). Bantay Kita conducted Project DATA in Benguet and Abra reviewing the tool. PH-EITI–NCIP MOU signed February 20, 2025: covers improved data collection on IP royalty payments and data sharing on FPIC implementation. NCIP is a permanent government MSG member under RA 12253 IRR Section 24(B)(a). | PH-EITI–NCIP MOU (February 20, 2025): formal data-sharing mechanism for IP royalty payments and FPIC monitoring. RA 12253 IRR Section 26(e): TOE shall disclose IP royalties as part of data coverage. IRR Section 4(J)(4): Expenses for development of host communities and ICC/IPs under RA 8371 (IPRA) are recognized as deductible costs — incentivizes compliance with IP-related obligations. NOTE: RA 8371 (IPRA), not RA 12253, governs FPIC and IP rights. | Reconciliation gap between NCIP records and company EITI submissions remains unresolved. No formal joint framework between PH-EITI, NCIP, and industry to reconcile royalty amounts. CRDP non-compliance continues at scale across 114 ancestral domains hosting 138 companies. | ◑Partially Addressed |
| IP Royalty Management | FPIC process bypassed, manipulated, or used only at exploration stage. Companies sometimes operate after Certification Precondition expiry without undergoing a new FPIC process. CP backlogs delay both operations and legitimate community engagement. | FY 2015 (FPIC only at exploration stage); FY 2019 (any activity without FPIC is illegal); FY 2020; 2024 Northern Luzon (a mining company's SMP – FPIC ongoing; an IPO waiting over one year for CP); 2024 Mindanao RTD (FPIC bypassed; companies operating after CP expiry); 2024 Palawan RTD (a mining company operating without CP; an IP community's land affected without FPIC); 2025 ETW Session 3 | NCIP confirmed FPIC rules are enforced and any activity without FPIC is illegal. MGB stated it can suspend operations based on NCIP findings. | PH-EITI–NCIP MOU (February 20, 2025) covers enhanced coordination on FPIC implementation. NCIP FPIC guidelines revision ongoing as of ETW 2025. PH-EITI subnational field consultations in Benguet and Palawan (2024–2025) documented FPIC gaps for MSG use. | NCIP Administrative Order No. 3, Series of 2012 (Revised FPIC Guidelines) is the primary legal basis. RA 8371 (IPRA) governs the right to FPIC. RA 12253 does NOT add FPIC or IPRA compliance as a new licensing condition. IRR Section 4(J)(4) implicitly incentivizes IPRA compliance through deductible cost treatment. | NCIP FPIC guideline amendments still pending before Commission En Banc as of ETW 2025. Certification Precondition backlogs in some areas remain unresolved. | ◑Partially Addressed |
| SDMP Effectiveness & Industry Accountability | SDMP projects do not reflect what communities actually need. Plans made without genuine community consultation. Projects turned over to LGUs with no sustainability plan. Mining host communities remain among the poorest despite decades of SDMP spending. | FY 2015 (no LGU consultation); FY 2016; FY 2017 (duplication; unsustainable livelihood projects); FY 2018; FY 2020; 2021 NatCon (no indication of impact); 2023 ETW; 2024 Northern Luzon (scholarship delays; livelihood programs lack training); 2024 Mindanao RTD (sustainability issues); 2024 Naga RTD; 2025 ETW Day 4 (SDMP treated as CSR handout rather than economic investment) | MGB committed to issue a memorandum circular requiring companies to collaborate with local development councils in planning the SDMP. | PH-EITI included SDMP as a dedicated chapter in country reports from the 5th Report onward. MGB developed a scorecard system for SDMP monitoring. IRR Section 26(g): TOE shall disclose social and environmental contributions including mandatory social expenditures. | DAO 2017-07 (DENR): requires SDMP compliance as condition for EITI participation and ECC maintenance. RA 7942 (Philippine Mining Act) Section 69: SDMP mandatory for all mining contractors. RA 12253 does NOT amend SDMP provisions. IRR Section 4(J)(4) recognizes SDMP expenses as a deductible cost in computing mining royalty, which incentivizes compliance but does not add new SDMP transparency requirements. | SDMP remains input-based (amounts disbursed) not outcome-based (poverty reduction, livelihood sustainability). No legislative amendment to the Philippine Mining Act to reform SDMP design. | ◑Partially Addressed |
| Government Accountability: MMT and PMRB | MMTs and PMRBs are non-functional, under-funded, or politically compromised in many regions. No dedicated budget. Conflict between provincial and municipal officials undermines effectiveness. | FY 2015 (MMTs not functioning); FY 2017 (MMT not effective); FY 2019 (PMRB reconstitution dynamics); 2024 Northern Luzon RTD (PMRBs rely on LGU funding; conflict between governors and mayors); 2024 Visayas RTD (PMRB has insufficient financial resources); 2024 Naga RTD | DILG committed to orient newly-elected local chief executives on PMRB rules. MGB committed to raise PMRB membership expansion with DENR Secretary. | PH-EITI recommended strengthening PMRBs in its mainstreaming action plan. IRR Section 26(j) requires TOE to disclose audit and compliance findings by COA and other oversight agencies. | DAO 2017-07 formalized PMRB reconstitution requirements. RA 12253 does NOT amend PMRB or MMT provisions. Philippine Mining Act (RA 7942) Section 70 governs MMTs. No new law provides an independent, mandatory budget for PMRBs. | PMRBs still rely on MGB or LGU discretionary funding in most regions. PMRB expansion to include NCIP, BLGF, and barangay representatives has not been institutionalized. | ✗Unresolved |
| EITI Data Coverage: Small-Scale and Non-Metallic Mining | Small-scale mining (SSM) not included in EITI reports despite producing more gold annually than large-scale mining. More than 90% of SSM in some areas operates informally. No medium-scale mining law passed. | FY 2015 (SSM IRR too onerous; no Minahang Bayan); FY 2017 (SSM produces significant gold volume but excluded from EITI); FY 2019 (non-metallic coverage improved); 2024 Northern Luzon (majority of SSM unregistered; no medium-scale mining law); 2024 Zambales RTD (Minahang Bayan not approved) | PH-EITI committed to study SSM inclusion. MGB cited DAO 2017-07 as an enforcement tool for expanding participation. | Non-metallic coverage expanded from top 5 companies (43% of sales, 4th Report) to top 20 companies (91% of sales, 5th Report). DAO 2017-07 enforcement brought near-100% participation of targeted mining sector. | RA 12253 applies only to large-scale metallic mining operations (Section 3). SSM is explicitly outside its scope. IRR Section 4(G) defines 'extractive industries' broadly for TOE data coverage purposes only — does not impose new regulatory requirements on SSM. | SSM remains excluded from EITI reporting. No Minahang Bayan declarations in most SSM-active areas. No medium-scale mining law passed. | ◑Partially Addressed |
| EITI Data Coverage: Timeliness and Comprehensibility | EITI country reports cover fiscal years two or more years before publication. Reports are too technical, in English and Filipino only, and not accessible to communities in mining areas. | FY 2017 (EITI should reach barangay level); FY 2020; 2024 Northern Luzon (language barriers; communities cannot access online resources); 2024 Naga RTD (website too technical; dialect concern; lack of IEC materials); 2024 Palawan RTD (data delay limits LGU planning) | PH-EITI committed to data dive workshops. EDGe portal developed as a visualization tool. | EDGe (Extractive Data Generator) launched for interactive data visualization. ORE Tool enables online submission and access. PH-EITI conducted data dive workshops at roadshows. | RA 12253 Section 14 and IRR Section 17: Transparency mechanism requires disclosure in both electronic and non-electronic forms. IRR Section 22(e): TOE shall develop IEC materials and conduct capacity development activities. IRR Section 21(d): TOE shall support establishment of local transparency mechanisms. | No standardized community-facing data product in local languages for each mining area as of December 2025. Timeliness of country reports not yet within a 12-month cycle. | ◑Partially Addressed |
| Beneficial Ownership Transparency | Companies' true owners unknown; corporate vehicles used to obscure beneficial owners; politically exposed persons holding mining interests not disclosed. BO information locked in SEC GIS and not publicly accessible without company waiver. | FY 2017 (confidentiality of mining companies cited as barrier); FY 2019 (SEC MC 2019-15 enacted; BO not yet publicly accessible); 2022 ETW (four dedicated BO sessions); 2025 ETW Day 1 Session 2 (PEPs in mining; waivers; SEC transition to structured data) | SEC announced MC 2019-15 at the FY 2019 Roadshow. At ETW 2025: SEC confirmed transition to web-based structured BO declarations. | PH-EITI developed the Beneficial Ownership Registry. DOF/PH-EITI–SEC Data Sharing Agreement signed September 3, 2025: provides PH-EITI enhanced access to SEC BO data. | SEC MC 2019-15 (July 2019): BO declaration mandatory in GIS. RA 12253 Section 14: Extractive businesses exempt from NIRC and Revised Corporation Code confidentiality clauses — enables BO public disclosure without individual waivers. This provision is in Section 14 (Transparency and Accountability), not Section 17 (which is the Transitory Clause). IRR Section 18: Confirms the exemption from confidentiality. IRR Section 26(h): TOE shall disclose BO information. | IRR issued December 18, 2025; TOE not yet formally established. Data Privacy Act waivers still apply for sensitive individual details. | ✔Substantially Addressed |
| Subnationalization of EITI | No local mechanism for communities and LGUs to access, verify, and use EITI data at the subnational level. National EITI data does not translate to local accountability. | FY 2015 (EITI measures should be adopted by LGUs locally); FY 2017 (EITI should reach barangay level); FY 2020 (formula still being discussed); 2021 OnLearn – all 5 clusters; 2022 ETW; 2023 ETW (Subnationalizing Extractive Industry Governance session); 2024 Roadshow – all 6 legs (RTD on Subnationalization); 2025 ETW Day 3 Session 2 (field lessons from Benguet and Palawan; no single model applicable) | PH-EITI MSG agreed subnationalization is a priority. MGB regional offices committed to partner with LGU secretariats. | PH-EITI developed the SET-UP-GO framework. Subnationalization is an OGP commitment under the 6th Philippine National Action Plan. Field consultations conducted in Benguet and Palawan (2024–2025). Groundwork expanding to Cebu, Surigao del Norte, and Dinagat Islands. | DILG MC 2025-065: directed LGUs to embed open governance practices. RA 12253 IRR Section 21(d): TOE objective includes supporting establishment of local transparency mechanisms in areas with extractive operations. IRR Section 23: MSG shall monitor extractives transparency commitments. No standalone subnational EITI law or local ordinance yet enacted. | No pilot subnational EITI mechanism formally launched with an LGU-adopted ordinance as of ETW 2025. No model local ordinance finalized. Subnationalization still at consultation stage. | ↻Ongoing / Active |
| Gender Inclusion in Extractive Governance | Women underrepresented in mining sector employment, monitoring bodies, and community governance. Gender-disaggregated data unavailable. Women from host communities bear disproportionate health and livelihood costs. | FY 2018 (employment data gaps); FY 2020 (gender and development; initial study not yet published); 2022 ETW Women Leaders Forum (women concentrated in non-technical roles; many companies lack gender officers); 2023 ETW (gender in small-scale mining; women in lowest labor hierarchy); 2025 ETW Day 3 Session 4 (gender segregation; vertical segregation in senior roles; sex-disaggregated data needed) | PH-EITI committed to expand the GAD component of EITI. Women Leaders Forum held at ETW 2022. | Gender scoping study initiated (2019). TWG on Gender established. Gender and Sustainability in the Extractives Framework drafted. PH-EITI reports from the 7th Report onward include gender sections. | 2023 EITI Standard: includes gender-related requirements under Requirements 1.4, 6.3, 7.1, and 7.4. RA 12253 IRR Section 26(i): TOE shall disclose employment and workforce data including gender-disaggregated data — the first time this is explicitly required under a Philippine legal instrument for extractives. | Gender-disaggregated data by role and seniority level not yet required as a standard company disclosure. Gender framework not yet operationalized as a required element of SDMP planning. | ↻Ongoing / Active |
| Energy Transition & Transition Minerals | Growing demand for nickel, copper, and cobalt (transition minerals) placing Philippine communities under the same pressures as conventional mining, but with less transparency on supply chains and buyer due diligence obligations. | 2022 ETW (Clean Energy Scenario presented by DOE); 2023 ETW (Philippines among the world's most mineralized countries; energy transition minerals discussed); 2025 ETW Day 3 Session 1 (PH-EITI Scoping Study on Just Energy Transition; supply chain mapping; buyer HRDD obligations; EU CSDDD and EU Battery Regulation implications) | DOE presented the Philippine Energy Plan 2020-2040 targeting at least 35% renewable energy by 2030. PH-EITI committed to study energy transition implications. | PH-EITI Scoping Study on Just Energy Transition completed in 2025, mapping Philippine transition mineral supply chains and assessing buyer HRDD obligations. | 2023 EITI Standard: includes requirements on GHG emissions, supply chain transparency, and employment data. RA 12253 IRR Section 4(G): 'Extractive industries' defined broadly for TOE data coverage purposes. No Philippine legislation specifically governing transition mineral supply chain transparency or HRDD as of December 2025. | No formal PH-EITI workstream on transition minerals established. GHG emissions disclosure not yet required in country reporting. Supply chain transparency not yet systematically disclosed. | ◈Emerging |
| Decent Work in the Mining Sector | Mining employs less than 1% of the national workforce despite billions in export value. Widespread subcontracting deprives workers of labor protections. Freedom of association constrained. Gender segregation in roles and benefits. | 2025 ETW Day 3 Session 4 (first time decent work raised as a standalone theme): ILO presentation on Decent Work Agenda; study on nickel mining labor rights; DOLE enforcement challenges; subcontracting practices; constraints on union organizing; women concentrated in domestic and administrative roles | DOLE clarified that principals and contractors have joint and solidary liability. DOLE introduced digital reporting portals for compliance and accident reporting. | PH-EITI hosted the first dedicated Decent Work session at ETW 2025. DOLE committed to coordinate with MGB and DENR on a harmonized IRR for mining labor. | RA 12253 IRR Section 26(i): TOE shall disclose employment statistics, workforce composition, and gender-disaggregated data — the only explicit decent work-related provision in RA 12253 or its IRR. | No decent work indicators yet included in PH-EITI country reporting template. No tripartite social dialogue mechanism specific to mining established. | ◈Emerging |
| Small-Scale Mining: Registration and Legalization | Minahang Bayan declarations not issued, leaving most SSM in a legal grey area. IRR for SSM too onerous. Applications pending for years or decades. A large proportion of SSM in mineral-rich areas operates informally. | FY 2015 (no Minahang Bayan declarations; a municipality applied in 2013 – no action as of 2015); FY 2017; FY 2018 (Minahang Bayan approval taking too long); FY 2019 (a mining cooperative pending for 30 years); 2024 Northern Luzon (majority of SSM unregistered; no medium-scale mining law); 2024 Zambales RTD (Minahang Bayan not approved due to NCIP issues); 2024 Naga RTD | MGB committed to fast-track Minahang Bayan declarations. BSP committed to provide SSM-related data. | BSP Law on SSM gold purchases (exempting SSM from excise tax on BSP sales) enacted. PH-EITI studying how to involve SSMs. MGB working on process to fast-track Minahang Bayan. | RA 12253 applies only to large-scale metallic mining (Section 3). SSM is explicitly outside its fiscal regime. No major revision to SSM IRR has been enacted. No medium-scale mining law has been passed. | SSM remains excluded from EITI reporting. No Minahang Bayan declared in most SSM-active areas as of December 2025. No legislative resolution in the 20th Congress as of December 2025. | ✗Unresolved |
| Mine Rehabilitation & Environmental Accountability | Mining companies not completing rehabilitation of mined areas. Rehabilitation funds inadequate or not enforced. Abandoned mines leave communities with unaddressed damage. | FY 2015 (rehabilitation allotment cited as insufficient for open-pit); FY 2017 (push for progressive rehabilitation); FY 2018 (status of decommissioning and rehabilitation fund); FY 2019 (some companies do not complete rehabilitation); FY 2020 (no rehabilitation for companies whose permits were cancelled); 2024 Northern Luzon (rehabilitation plan pending; abandoned mines and buildings not addressed); 2024 Palawan RTD; 2024 Mindanao | MGB explained Final Mine Rehabilitation Development Fund and Rehabilitation Cash Fund mechanisms. MGB confirmed it can call companies' attention on non-compliance. | PH-EITI country reports include rehabilitation fund data. MGB's SDMP scorecard system monitors rehabilitation commitments. | DAO 2017-07: sanctions for EPEP non-compliance. RA 7942 (Philippine Mining Act) Section 46: EPEP and mine rehabilitation provisions. RA 12253 IRR Section 4(J)(3): Environmental expenses including mine rehabilitation are recognized as deductible costs — creates a fiscal incentive for compliance but does not impose new requirements beyond existing law. RA 12253 does NOT amend environmental accountability provisions of RA 7942. | No systematic public disclosure of Final Mine Rehabilitation and Decommissioning Plan status per mine site. Cancelled mining companies' abandoned areas still unrehabilitated. | ◑Partially Addressed |
| BARMM Inclusion in EITI Reporting | BARMM excluded from all PH-EITI country reports. Bangsamoro provinces have no access to EITI data. The 2017 EITI Validation recommended BARMM inclusion. | FY 2020 (Why BARMM provinces not included; 2017 Validation recommended inclusion); 2021 OnLearn – Southern Mindanao/BARMM Cluster | PH-EITI explained that BARMM has autonomous governance not covered by DOF or DENR. The BARMM government would need to decide whether to implement EITI. | PH-EITI committed to engage the BARMM government. Subnationalization framework designed to be flexible enough for BARMM engagement. | RA 12253 applies to all large-scale metallic mining operations (Section 3) but BARMM's autonomous government issues its own permits under the Bangsamoro Organic Law (RA 11054). No BARMM legislation or executive action requiring EITI implementation as of December 2025. | BARMM remains excluded from all PH-EITI country reports through FY 2023. No concrete engagement with BARMM Ministry of Environment, Natural Resources and Energy on EITI. | ✗Unresolved |
| Laws and Policies: Mining Fiscal Regime | Mining fiscal regime seen as too favorable to companies. Low excise tax rates. Income tax holidays granted despite LGU protests. Philippines cited as having one of the lowest mining tax rates globally. | FY 2015 (income tax holidays despite LGU protests); FY 2017 (advocacy for new excise tax law; call for industrialization policy for processed minerals); FY 2018 (concern over TRAIN 2 and PD 87); FY 2019 (need for new legislation on taxes and royalties); 2023 ETW FORGE PH (status of new mining fiscal regime; transfer pricing issues); 2024 Northern Luzon (share of mining in GDP cited as low due to low taxes) | PH-EITI committed to advocate for legislative reform. PH-EITI incorporated fiscal regime analysis in country report recommendations. | PH-EITI country reports consistently include fiscal regime analysis. PH-EITI briefed Congress and DOF on revenue gaps. Advocacy for mining fiscal reform maintained through MSG. | RA 12253 (September 5, 2025) — Enhanced Fiscal Regime for Large-Scale Metallic Mining Act: • Sec. 6 (new NIRC Sec. 151-A): Margin-based royalty; 1–5% depending on margin outside mineral reservations; 5% flat rate inside mineral reservations • Sec. 7 (new NIRC Sec. 151-B): Windfall profits tax; 1–10% depending on margin above 30% • Sec. 8 (new NIRC Sec. 151-C): Ring-fencing — each MPSA/FTAA treated as a separate taxable entity • Sec. 4 (amending NIRC Sec. 34(B)): Thin capitalization rule — related-party debt-to-equity ratio capped at 2:1 • Sec. 9 (new NIRC Sec. 151-D): BIR and BOC authorized to audit all mineral sales and exports • Sec. 10 (amending NIRC Sec. 287): LGU 40% share released directly and immediately IRR issued by DOF on December 18, 2025. |
IRR issued December 18, 2025; TOE not yet formally established. Transfer pricing rules require further BIR issuances for full implementation. | ✔Substantially Addressed |
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A government-led, multi-stakeholder initiative implementing EITI, the global standard that promotes the open, accountable management, and good governance of oil, gas, and mineral resources. PH-EITI was created on 26 November 2013 through EO No. 147, s. of 2013. It is a government commitment first announced through EO No. 79, s. of 2012.