MINERAL PRODUCTION SHARING AGREEMENT

The applicant shall submit at least five (5) sets of the following mandatory requirements for Mineral Agreement, for development/construction/utilization of mineral resources, including the continuance of exploration works during the conduct of development/construction/utilization activities:

Mandatory Requirement in the Acceptance of Application

  1. Application Form (MGB Form No. 6-1)
  2. For corporation/partnership/association/cooperative: SEC/CDA – certified true copies of Certificate of Registration, Articles of Incorporation/ Partnership/Association and By-Laws
    (note: with minimum authorized capital of P10,000,000.00 and paid-up capital of P2,500,000.00)
  3. Location Map/Sketch Plan (1:50,000 NAMRIA topographic map) showing coordinates/boundaries (in tabulated form) with major environmental features/other projects (prepared, sealed and signed by a deputized Geodetic Engineer)
  4. Three (3)-Year Work Program (MGB Form No. 6-2)
  5. Proof of technical competence in the form of:
    • Bio-data and track records in mining operations/ environmental management.
    • Sworn statement of the technical person(s) who will undertake the implementation of the Work Programs or employment contract/proof of availed service(s)
  6. Proof of financial capability:
    • For an individual:
      • Statement of assets & liabilities duly sworn in accordance with existing laws;
      • Latest Income Tax Return;
      • Credit lines/bank guarantees/deposits of at least P2.5M.
    • For corporation/partnership/association/cooperative:
      • Latest audited Financial Statements
      • Annual Report for the preceding year
      • Credit lines/bank guarantees/deposits
  7. Affidavit of Undertaking pursuant to DMO No. 99-10.
  8. Mining Project Feasibility Study (MGB Form No. 5-3)
  9. Complete and final exploration report pertaining to the area
  10. Proof of payment of Filing Fee

Additional Mandatory Acceptance Requirements for Holders of Valid and Existing or Expired Mining Lease Contracts, Operating Agreements, Quarry Permits/Licenses or Unperfected Mining/Quarry Claims (Whenever Applicable)

  1. Appropriate environmental report on the rehabilitation of mined-out and/or mine waste/tailings-covered areas and anti-pollution measures undertaken during the mining operations
  2. Certification from the Regional Office (RO) concerned that the mining/quarry claims are valid and subsisting or Report by RO concerned re: compliance with the terms and conditions of the contract/agreement/permit.

Additional Requirements after Acceptance of Application

  1. MGB-registered Secretary’s Certificate attesting to a Board Resolution authorizing the President to sign and execute documents in connection with the MPSA application
  2. Environmental Compliance Certificate
  3. Environmental Protection and Enhancement Program (MGB Form 16-2)
  4. Final Mine Rehabilitation and Decommissioning Plan
  5. Social Development and Management Program
  6. Certificate of Environmental Management and Community Relations
  7. Area Status and Clearance from the One Stop-Shop Committee
  8. Proof of payment of clearance fee (P5,000.00)
  9. Proof(s) that the Notice of Application was:
    1. Published once in –
      • Local newspaper
      • National newspaper
    2. Posted for 1 week on the bulletin boards of –
      • MGB Regional Office(s)
      • Province(s) and/or
      • Municipality(s)/City(s)
    3. Radio announced daily for 1 week in a local radio program
  10. Certification from the Panel of Arbitrators concerned as to any adverse claims/ protest/ opposition
  11. MGB-registered Board Resolution authorizing the President to sign and execute documents in connection with the MPSA application
  12. Original carpeta of the application
  13. National Commission on Indigenous Peoples (NCIP) Certification
    • For non-ICC/IP area: Certificate of Non-Overlap or Report on the Field Based Investigation
    • For ICC/IP area: Certification Precondition or Memorandum of Agreement by and among the applicant, ICC/IP concerned and the NCIP
    • For private lands: proof of ownership, such as certified true copies of Original/Transfer Certificate of Title, among others
  14. Proof of payment of evaluation fee for Feasibility Study (P20,000.00)
  15. Proof of payment of evaluation fee for EPEP (P20,000.00)
  16. Approved Survey Plan/Application for Order of Survey
  17. Prior approval or endorsement in the form of Resolution or Certification by at least the majority of the Sanggunian concerned
  18. Summary Report as to all mining tenement tenements that were filed, processed, issued, denied, and/or withdrawn within the same area, whether partly or wholly, prior to the acceptance of mining application