Policy Brief

S E N A T E E CO N O M I C PL A N N I N G O F FI C E
December 2013

PB-13-02

Realizing the Philippines

Mining Potential
Given the countrys
mineral wealth, the
mining industry can be a
key driver of economic
growth.
However, the industry is
hounded by various issues
and challenges. These
include the social and
environmental costs, a
revenue sharing agreement
that is seen as unfair and
inequitable, the
overlapping and weak
enforcement of mining
laws, and other problems
relating to the mining
sector.
Unless these are addressed
through a clear, consistent
and competitive mining
policy, the sectors huge
potential to bring
economic benefits will
unlikely be realized.

The SEPO Policy Brief, a publication of the

Senate Economic Planning Office, provides
analysis and discussion on important socioeconomic issues as inputs to the work of
Senators and Senate Officials. The SEPO
Policy Brief is also available at
www.senate.gov.ph.

Introduction
The mining industry has a great potential to be a key growth
sector in the Philippines given the countrys vast and rich
mineral resource deposits. Mining can spur economic
growth and generate employment opportunities in local
communities as mining companies invest in infrastructure,
utilities and other facilities within the mining sites. It can
likewise contribute to the country's foreign-exchange
earnings through exports and bring much needed revenues
to the government through taxes and fees paid on mining
and other related activities.
It appears though that the Philippine mining industry has
not lived up to its potential. Critics have argued that the
industry has had negligible contribution to the domestic
economy and absorbed only a few workers. Its destructive
impact on the environment and on the welfare of the
people has also been pointed out. Proponents, meanwhile,
claim that the flawed provisions in the current laws
pertaining to the mining sector as well as other constraints
have impeded investments in the sector, thereby limiting its
contribution to the economy.
In order to address these challenges, President Benigno
Aquino III issued Executive Order No. 79 on July 6, 2012. It
sought to strengthen the protection of the environment,
promote responsible mining, and provide a more equitable
revenue-sharing scheme amid the projected boom in the
sector. It is envisioned to harmonize mining policies and
regulations in the country and make players in the mining
industry more transparent and accountable. Pursuant to
these objectives, EO 79 focused on strengthening
coordination among stakeholders to ensure strict
compliance by mining operators to the existing mining laws
and regulations.
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This Policy Brief discusses the potential and

economic contribution of mining in the
Philippines, identifies the present challenges
confronting the sector, and proposes strategies
that Congress may consider in its policy
formulation.
Mining Potential and Economic Contribution
Mineral Resource Potential. The Philippines is
one of the highly mineralized countries in the
world with 9 million hectares considered to
have high mineral potential. According to the
Mines and Geosciences Bureau (MGB), the
country is ranked top five in the world for
overall mineral reserves, second in gold and
third in copper resources. The Philippines has
untapped mineral wealth worth at least US$840
billion (PhP47 trillion) in gold, copper, nickel,
chromite, manganese, silver and iron. This is ten
times the countrys annual gross domestic
product (GDP). The Philippines gold reserves
alone can amount to PhP7.36 trillion,
(US$16.873 billion) or about 76 percent of the
countrys GDP of PhP9.73 trillion in 2011. This
amount, according to the National Statistical
Coordination Board (NSCB), is enough to
completely eradicate poverty in the country,
which remains the greatest challenge facing the
government.

Production Value and Contribution to GDP.

Gross production value in mining has generally
increased for the past ten years (2003-2012)
(Annex 1). From its production value of PhP41.1
billion in 2003, it has steadily grown to PhP163.2
billion in 2011. In 2012, it declined to PhP100.8
billion mainly on account of the EO 79 issued by
the President on July 6, 2012, which imposed a
moratorium on the approval of new mineral
agreements until a legislation rationalizing
existing revenue sharing schemes and
mechanisms shall have taken effect. The
moratorium effectively put the mining industry
at a standstill as a thousand of applications for
new mining contracts were put on hold.
Minings contribution to the economy is small,
ranging merely from 0.6 to 1.0 percent of the
GDP during the said period. In 2012, mining
accounted for merely 0.7 percent of the GDP.
Contribution to Exports. Mining has not
contributed much to exports either with the
sectors contribution to total exports remaining
at single digits, hovering around two to six
percent. Export of minerals and mineral
products only averaged 3.94 percent from 20032012 (Annex 1). Total exports of non-metallic
mineral manufactures are even lower at around
0.4 percent.

Figure 1. Gross Production Value in

Mining (Billion PhP) and Share to GDP
(%), 2003-2012
180

163.2

160

1.2

1
0.9

140
120

Figure 2. Mining Contribution to

Total Exports (%), 2003-2012

0.8
0.7

0.7
0.6

100

0.7

1
145.3

106.1

100.8

102.2 87.1

80
72.5

60
41.1

4.5

0.6
0.4

43.4

4.9
3.9

50.2

40

5.2

0.8
0.7

0.6

5.3

0.2

20

3
2
1

1.8

0.4

0.4

3.8

0.4

0.4

0.4

0.4

0.4

0.3

0.4

0.3

0
Minerals and Mineral Products
Non-Metallic Mineral Manufactures

Source: MGB; Note: *preliminary

Value
Share to GDP

Source: MGB; Note: *preliminary

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Contribution to Employment. The mining (and

quarrying) sectors contribution to national total
employment has consistently been below one
percent. In 2003, mining directly employed
104,000 people. This has modestly grown to
252,000, or 0.7 percent of total employment in
2012. Extractive mining is known as a lowemployment generating activity due to the high
capital investment in machines and other labor
efficient technologies by the mining companies.
However, it is estimated that for every job
created in the mining sector, at least five
indirect jobs are generated in the upstream and
downstream sectors (Mining Journal Special
Publication, London, 2006). Moreover, the
assistance provided in developing or
strengthening
community
development
programs and supply chain linkages generates as
much as 28 indirect jobs (IFC Jobs Study, 2013).
Figure 3. Mining Contribution to
Total Employment (%), 2003-2012
1.2
1
0.8

0.7

0.6
0.4

0.3

0.3

0.4 0.4 0.4

0.5 0.5 0.5

0.6

0.2
0

Source: MGB; Note: *preliminary

Foreign Investments. Investments in the mining

industry generally escalated from 2006 to 2010
(Annex 1). The upsurge in foreign mining
investment can be attributed to the decision of
the Supreme Court to uphold the
constitutionality of the Financial or Technical
Assistance Agreement (FTAA) and Republic Act
No. 7942 or the Philippine Mining Act of 1995.
The law allows foreign ownership in Philippine
mining companies (Disini, 2009).
However, foreign and domestic mining
investment dropped to US$618.5 million in 2011

Figure 4. Total Mining Investments

(US$ Million), 2006-2012
1200
968.3

1000
800

719.5

708.4
604.2

618.5

600
400
200

190.3

160

0
2006 2007 2008 2009 2010 2011 2012*
Source: MGB

from US$956 million in 2010 after the

government stopped issuing new permits and
began a comprehensive review of the sector to
ensure that the government receives more
revenues. Mining investments further slipped to
US$160 million in 2012 following the issuance of
EO 79, which barred the granting of new mining
contracts pending the passage of a legislative
measure on the revenue sharing between the
government and mining companies. EO 79 also
cut mining contracts' term to 25 years from 50.
Revenues/Taxes Received by the Government.
Government revenues through taxes, fees and
royalties from the mining industry has been on
the upsurge since 2003 (PhP1.5 billion) to 2011
(PhP22 billion) except in 2008 due to low
commodity prices. The recovery in revenues in
2009 was largely due to the increase in gold and
copper prices and increased production in
response to high prices (International Monetary
Fund, 2012).
On the average, from 2003 to 2012, nearly three
quarters of total revenues from mining were
accounted for mostly by taxes collected by
national government agencies (these include
corporate income taxes, value-added tax or VAT
on imported equipment, etc.). Excise tax
collected by the Bureau of Internal Revenue
(BIR) accounted for 13 percent while fees,
charges and royalties accounted for a relatively
small amount of the total revenues from the
sector.
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Table 1. Taxes, Fees and Royalties from Mining (PhP Million), 2003-2016
Taxes, Fees and
2003
2004
2005
2006
2007
2008
2009
Royalties from Mining
Fees, Chargers and
Royalties Collected by
79.8 120.1 210.2 192.1 774.0 557.4 396.2
DENR-MGB
Excise Tax Collected
155.8 232.5 251.4 489.6 942.1 660.3 718.8
by BIR
Taxes Collected by the
1,039.2 2,769.1 4,733.6 5,313.2 8,371.7 5,949.5 10,272.5
NGAs
Taxes and Fees
226.9 358.5 453.5 395.0 359.8 522.2 992.8
Collected by LGUs
TOTAL
1,501.7 3,480.2 5,648.7 6,389.9 10,447.6 7,689.4 12,380.0

2010

2011

2012*

800.6 1,180.8 1,644.1

1,305.9 6,985.8

10,187.9 12,886.0 5,817.8

1,070.8 1,179.1

496.6

22,231.7 22,079.8 7,958.5

Source: MGB; Note: *preliminary

Issues and Challenges
The Philippine mining industry is beset with
various issues and challenges, which affect the
sectors social acceptability. The following issues
have arguably been the most controversial and
pressing, namely: environmental and social cost;
low economic contribution; revenue sharing
between the government and mining
companies; and overlapping and weak
enforcement of mining laws.
Environmental and Social Costs. The mining
industry continues to find low acceptance and
strong opposition from communities due to
observations that it inflicts environmental
damage and displace people. Mining is deemed
to
overexploit
and
adversely
affect
environmentally critical areas, leading to risks
and hazards to the publics health, safety and
general welfare.
In 2007, a Fact-Finding Team composed of
human rights and environmental experts from
the United Kingdom observed the mining
operations in the country. Among its findings
are the following: 1) mining operations
invariably evicted indigenous peoples from
mining sites; 2) mining poses an imminent
danger to indigenous culture; 3) mining polluted
the rivers at their sites; 4) mining destroyed

mangroves; 5) mining damaged coral reefs; 6)

mining ruined agriculture; and 7) mining
damaged the nation's biodiversity. The team
observed that "the record of mining companies
with regard to environmental protection,
disasters and post-mining clean-up in the
Philippines is widely acknowledged to be very
poor (Doyle, et al., 2007).
In 2012 alone, at least two major disasters
related to mining happened, which damaged
various ecosystems. In June 2012, a fish kill
occurred in Lake Bito, a rich fishing ground in
Leyte. The tragedy was traced to mine wastes
from Nicua Mining Corporation, which was then
operating in another village in MacArthur, Leyte.
The MGB suspended Nicua operations following
the fish kill. In August 2012, a waste spill
happened in the province of Benguet. About 20
million metric tons of tailings gushed out from
the tailings-pond of Philex's Padcal mines,
surpassing what was spilled out of the
Marcopper mine in 1996 in Marinduque (3-4
million tons). The huge discharge drained out to
the Balog and Agno River systems, which
provide the water requirements of San Roque
Dam for agricultural irrigation and power
generation while serving a number of
municipalities in the province of Pangasinan, like
San Manuel.
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The existing abandoned mines, on the other

hand, pose environmental and human health
problems in the immediate vicinity of the mines.
The damages include acid mine drainage, heavy
metal contamination of the surface water,
sedimentation, pit void, and visual aesthetic
problems. According to the MGB, these have
arisen due to the failure of the project
proponents to undertake mine rehabilitation or
maintenance procedures. At present, there are
22 abandoned mines in the Philippines with six
priority mines under rehabilitation namely:
Bagacay Pyrite Mine in Western Samar;
Antamok Mine; Black Mountain Mine in
Benguet; Basay Copper Mine in Negros Oriental;
Black Mountain Copper Mine in Benguet; and
Dizon Mine. Rehabilitation of these six priority
mines are expected to be completed at the end
of the Aquino Administration.
According to Clive Montgomery Wicks, Vice
Chair of the Commission on Environmental,
Economic and Social Policy of the Switzerlandbased International Union for Conservation of
Nature (IUCN), most of the mining companies in
the Philippines do not identify the possible
dangers that might occur, as well as their
proposed remedies in such events in the
required Environmental Impact Assessment/
Environmental Impact Statement (EIA/EIS). This
is contrary with international standards, where
mining companies are obliged to identify the
environmental impact posed by their operations
and to identify contingency or remedial
measures that will be undertaken. It is proposed
that the government put in place a structure or
a body that would specifically look into mining
and strictly enforce responsible mining policies
to avoid the negative impact of mining on the
environment and people.
Mining Contribution. Despite the sectors
economic potential, mining contribution to the
economy remains low. Based on the MGB
figures, the mining industry has merely
accounted for no more than 0.91 percent of the
GDP from 2003 to 2012, on the average.

Production has been fraught for the past years

by the effects of natural disasters and low
international prices. Investments in the mining
sector are also hindered by long-standing
complaints about the lengthy, tedious approval
process for exploration permits (EPs). Industry
players argue that the practice of having the
MGB central office review and validate
approvals done at regional offices are redundant
and is one of the main factors causing delay.
Foreign investments were also obstructed by
the requirement of 60 percent domestic equity
control and high excise taxes (mineral royalties)
on production.
The measly contribution to the economy was
also attributed to the limited processing of
minerals in the country. Most of the industrys
products are currently exported in primary form
(e.g. as raw material ore). For 50 years, the
mining industry has remained to be an extractand-export-ore activity and there is no
significant industrialization footprint. Mining has
never played a major role in national
development even during the mining boom of
the seventies and early eighties (Habito, 2010).
Revenue Sharing. The amount of revenues that
the government derives from the mining sector
is one of the main drivers behind the
governments mining policy thrust. At present,
the government receives its revenue share from
two mining contract schemes, namely: the
Mineral Production Sharing Agreement (MPSA);
and the Financial or Technical Assistance
Agreement (FTAA). Under the MPSA, the share
of the State is limited to the excise tax, which is
two percent of the value of the mineral
extracted. Under the FTAA, the State receives no
share of the value of the minerals extracted by
foreign firms, other than the usual taxes (e.g
corporate income tax and business tax) (Habito,
2010).
According to the Department of Finance (DOF),
with the existing rate, the government only
generates around PhP2 billion a year in
revenues, or less than one percent of the
countrys GDP. Other governments such as
5|Page

Chile, Peru, Ghana, Zambia and Papua New

Guinea have revenues from mining that exceed
ten percent of their respective GDPs. In other
mining-intensive economies such as Australia
and Chile, the excise tax ranges as high as 15
percent (Annex 2).

Thus, industry players believe that the

government should take into account that
mining is a high risk and capital intensive
business, and that investors need some
incentive to equalize the risk that they are
taking.

EO 79 calls on Congress to pass a new mining

law that will raise the governments revenue
share. According to the MGB, the Mining
Industry Coordinating Council (MICC) is in the
final stages of crafting a draft bill for a new
revenue-sharing
scheme
between
the
government and mining companies.

Overlapping and Weak Enforcement of Mining

Laws. Based on the draft midterm review of the
Philippine Development Plan (PDP) 2011-2016,
some provisions in the countrys current mining
policy (RA 7942) either overlap or run counter
with other national and local laws such as the
Indigenous Peoples Rights Act (IPRA) of 1997,
National Integrated Protected Areas System
(NIPAS) Act of 1992, Local Government Code
(LGC) of 1991, Agriculture and Fisheries
Modernization Act (AFMA) of 1997, Climate
Change Act of 2009, and the EIA/EIS, among
others. For instance, there is a policy
inconsistency between the Mining Act and the
authority given to local government units (LGUs)
by virtue of the LGC. While the Mining Act
promotes the national policy of mining in LGUs
with mineral deposits subject to limitations,
some LGUs have refused mining activities
altogether in their provinces.

Subject to deliberation in the final drafting of

the said bill are the proposed two new revenue
sharing schemes: the imposition of a 10-percent
tax on gross revenues; and the imposition of a
50-percent tax on adjusted mining revenues
plus 10 percent of gross sales if metal prices
increase by 25 percent annually. The revenuesharing scheme that would produce the most
earnings for the government shall be used. Both
schemes would be inclusive of income tax and
royalties. Adjusted mining revenues pertain to
the difference between gross sales and direct
cost, which comprises the costs incurred in the
actual production of ore (direct mining cost) and
administrative expenses.
Industry players led by the Chamber of Mines
have argued though that both proposals would
make the Philippine mining industry more
uncompetitive. They pointed out that the two
percent excise tax is just one component out of
the 12 taxes imposed on mining. They referred
to a 2012 International Monetary Fund (IMF)
study on the Philippine mining tax regime which
shows that nearly 60 percent of the total value
of a mining project is turned over to the
government based on the internationally
accepted Average Effective Tax Rate (AETR).1
This AETR is significantly higher than all large
mining countries.
1

The AETR is the governments share of pre-tax net

present value (NPV), usually measured at the
governments assumed discount rate.

The lack of governance and weak enforcement

of the mining laws have also led to the
proliferation of illegal small-scale mining. At
present, illegal small-scale mining activities are
found in more than 30 provinces in the country,
with thousands of persons directly engaged in
the activity. Because they are not properly
regulated, the government loses a considerable
amount of revenues. According to the MGB,
small-scale mining also poses problems such as
the unabated use of mercury in extracting gold;
unsafe mining practices; lack of environmental
impact mitigation; illegal use of heavy
equipment and explosives; and rapid decrease
of mineral deposits, among others.
Other Problems Relating to the Mining Sector.
EO 79 and the proposed new policies on mining
should aim to address the other problems of the
sector which include the: a) absence of
integrated map of areas closed to mining/no-go
6|Page

zones; b) lack of guidelines on small-scale

mining; c) absence of national program and
roadmap for the development of value-adding
activities and downstream industries for
strategic metallic ores; d) lack of transparency in
mining revenues and taxes paid by mining firms;
and f) absence of centralized database for the
mining industry. These problems, when
addressed, are expected to boost the
performance of the mining sector, ensuring that
the country extracts equitable gains from the
industry while minimizing environmental and
social costs.
Proposed Legislative Measures
In the Senate of the 16th Congress, a number of
legislative measures instituting reforms in the
mining industry have been filed. Senate Bill No.
432 seeks to address the challenges facing the
mining industry by providing a framework for
the utilization and management of the country's
mineral resources that focuses on the needs of
the domestic economy and upholds the rights of
all stakeholders involved, including the workers,
farmers, indigenous peoples and the local or
host communities. Under this legislative
proposal, the State shall have at least a share
equivalent to ten percent of the gross revenues
from the development and utilization of mineral
resources that are owned by it to be set aside
for the general fund of the government.
On the other hand, SBN 3343 seeks to institute
an independent health and environmental
assessment for all mining projects. This bill
intends to temper economic strategy by putting
in place possible safeguards to protect the
environment, ecology and health of the
potential mining communities. These safeguards
were drawn from the tragic experience of the
people of Marinduque due to the Marcopper
mining disaster, with the hope that the said
tragedy will never be repeated and should never

SBN 43 was filed by Senator Sergio R. Osmea III on July

1, 2013.
3
SBN 334 was filed by Senator Pia S. Cayetano on July 2,
2013.

be
experienced
communities.

by

potential

mining

SBN 457,4 meanwhile, seeks to increase the tax

on minerals and quarry resources from two to
seven percent. With the passage of this bill, the
national government can look forward to higher
revenues than it has collected in recent years.
The potential revenue from the proposed
increase in excise tax on mineral products shall
be equally divided between the national
government and the LGUs where the mineral
and quarry resources are extracted. In
particular, revenues from the 3.5 percent tax on
minerals shall accrue to the National Treasury,
while revenues from the other 3.5 percent tax
on minerals shall be remitted directly to the
LGUs as support for their Special Education Fund
(SEF). With the infusion of additional funds, it is
hoped that the perennial shortages of
classrooms, tables and chairs, books, teaching
aids, and other educational materials will be
addressed.
In the House of Representatives, House Bill No.
1715 seeks to re-orient the countrys mining
industry by ensuring the highest industry
development standards. Meanwhile, HBN 9846
seeks to regulate the rational exploration,
development and utilization of mineral
resources, and ensure the equitable sharing of
benefits for the State, indigenous peoples and
local communities. HBN 1173,7 on the other
hand, proposes to create the Department of
Mines and seeks to institute a revised regulatory
framework for the countrys mining industry,
which will thereby amend or repeal the existing
mining laws particularly the Philippine Mining
Act of 1995.

SBN 457 was filed by Senator Ralph G. Recto on July 4,

2013.
5
HBN 171 is principally authored by Representative Neri
Colmenares on July 1, 2013.
6
HBN 984 is principally authored by Representative
Teodoro Brawner Baguilat Jr. on July 3, 2013.
7
HBN 1173 is principally authored by Representative Philip
Pichay on July 8, 2013.

7|Page

Conclusion and Recommendations

Considering the wealth of the country in terms
of mineral deposits, mining can be a potential
sector for spurring growth in the economy. If
mining is done right and with an equitable
revenue sharing agreement, mining can
generate more employment and further
increase government income.
Communities have a tendency to view mining
operations with suspicion because of the
industrys potential to cause environmental
damage to the area. If all mining companies
comply
with
existing
laws,
employ
environmental protection measures and are
fully aware of their social responsibilities,
environmental damages and adverse social
impact can be avoided or reduced. If the mining
industry is to be a successful driver of the
economy and will outweigh its environmental
and social costs, sector development efforts
should be anchored and aligned on the right
policy frameworks particularly on the nations
blueprints for sustainable development and
inclusive growth, the Philippine Agenda 21 (PA
21),8 its follow-up document the Enhanced PA
21 (EPA 21),9 and the PDP 2011-2016. These
development documents provide strategies that
integrate
the
sustainable
development
parameters in the development of the mining
industry.

The PA 21, which is the nation's blueprint for sustainable

development, advocates a fundamental shift in
development thinking and approach. Its action agenda
elaborates a mix of strategies that integrates the SD
parameters in the development of the countrys minerals
and mines resources.
9
The EPA 21 is an improved document that seeks to clarify
and laymanize the concept, vision and principles of
sustainable development and provide a more focused and
catalytic action agenda for promoting, mainstreaming,
and sustaining sustainable development initiatives in the
country. It builds on the core principles of the PA 21 with
distinction on the shift from ecosystem-based
management to thematic approach. The EPA 21 has five
goal elements, namely: Poverty Reduction; Social Equity;
Empowerment and Good Governance; Peace and
Solidarity; and Ecological Integrity.

To address the low share received by the

government from mining, there is a need to fasttrack the legislation of new revenue sharing
mechanism. The challenge is determining the
optimal mining tax mix, one that will ensure the
greatest possible benefit for the public without
damaging the firms incentives to invest. It has
also been proposed that the government put in
place a structure or agency that would
specifically look into mining and strictly enforce
responsible mining policies to avoid the negative
impact of mining on the environment and
people. Complementary to this, there must be
clear and measurable indicators to monitor
compliance from mining companies and track
progress in reforms to ensure responsible
mining and inclusiveness of economic benefits,
as well as social, cultural and environmental
safeguards (Ateneo School of Government,
2011).
Taking off from other successful countries and
other domestic mining companies experiences,
a comprehensive compilation of best practices
should be prepared to provide the government,
mining companies and affected communities
with information and models for decisionmaking processes. There should also be a
continuous capacity building for mining
companies and LGUs on the following areas: a)
natural resources valuation; b) measuring local
economic impact; c) measuring impact on
community values and culture; d) establishing
systematic monitoring and evaluation of
environmental, social and economic impacts at
all levels (project, local and national); and e)
genuine and inclusive process of obtaining free
and prior informed consent.
It is also high time for the mining industry to
move toward more domestic processing to
make growth in the sector more inclusive.
Legislation could be introduced that will
mandate large mining enterprises especially
foreign ones to set up processing facilities in the
country. The establishment of processing plants
would generate more tax revenues and more
employment opportunities.
8|Page

Congress
may
also
legislate
the
institutionalization of the Extractive Industries
Transparency Initiative (EITI) in the Philippines.
The EITI is a global standard for transparency in
the extractive industry sector that involves the
reconciliation of company payments with
government receipts by an independent
administrator, and disclosure of this information
to the public. Its objective is to ensure that
accurate figures about revenues are publicly
available, to identify any potential discrepancies
between payments and receipts and to
investigate and address the underlying causes of
such. Government, mining companies and civil
society groups will work together on this
process. It is a voluntary initiative in which
participating mineral and oil-rich governments
agree to publish their receipts from oil, gas and
mining activities, and extractive sector
companies.
The Philippines was admitted as a candidate
country by the EITI International Board on May
22, 2013 during the International EITI
Conference in Sydney, Australia. The Philippines
is among the 37 countries that have committed
to implement or are implementing the EITI.

Member countries have shown significant

revenue increase in mining and oil sectors such
as Peru and Nigeria. The latest Peruvian EITI
showed that the government received over
US$5 billion in 2010, about six times as much as
in 2004, when Peru started disclosing the
figures. The government received more than 60
percent of the revenue from the mining sector
and over US$1 billion from gas and oil
exploitation. Across Latin America, revenue
from extractive sectors has increased 20 times
over the past decade. Similarly, the Nigerian
government uncovered vast discrepancies
between what the government has received and
what they should have received. For the threeyear period 2009-2011, Nigeria EITI Reports
revealed that a company owed tax payments
adding up to US $8.3 billion.
Lastly, a long-term plan for the sustainable
development of the countrys mineral resources
should be developed, which will define the roles
and responsibilities of all stakeholders. The plan
shall reflect the official government policies and
directions on mining and shall serve as the clear
basis for development reforms.

9|Page

References:
Alonzo, E.M. (2012). Issues affecting the mining industry. STRSO Taxbits, 3 (15). Retrieved from
http://www.senate.gov.ph/publications/taxbits%2015%20vol3%20September%20%20October%20%2
02012.pdf.
Alyansa Tigil Mina (2011). ATM Position Paper on the Continued Adoption of the Aquino Government of the
Revitalization of the Philippine Mineral Industry Policy. Retrieved from http://www.slideshare.net/
farahsevilla/atm-policy-paper-on-mining-in-the-philippines.
Ateneo School of Government Policy Brief (2011). Is There a Future for Mining in the Philippines? Retrieved
from http://bantaykita.ph/pdfs/ASOG_Mining%20Policy%20Brief.pdf.
Disini, Artemio F. (2009). Economy stays buoyant despite downturn. Mining Journal special publication
Philippines.
Retrieved
from
http://www.mining-journal.com/_data/assets/supplement_file_
attachment/0003/173217/Philippines_scr.pdf.
Doyle, C., Wicks, C., and Nally, F. (2007). Mining in the Philippines: Concerns and Conflicts. Report of a FactFinding Mission to the Philippines. Society of St. Columban, West Midlands, UK, 63pp.
Habito, Cielito F. (2010). An Agenda for High and Inclusive Growth in the Philippines. Available from
http://www.slideshare.net/no2mininginpalawan/agenda-for-high-and-inclusive-growth-in-the-philippines.
International Finance Corporation (IFC) Jobs Study (2013). Assessing Private Sector Contributions to Job
Creation and Poverty Reduction. Retrieved from http://www.ifc.org/wps/wcm/connect/
d3b612004e3468c783d5ab7a9dd66321/IFC_FULL+JOB+STUDY+REPORT_JAN152013_FINAL.pdf?MOD
=AJPERES.
Mining Industry Statistics (2013). Retrieved from http://www.mgb.gov.ph/Files/Statistics/MineralIndustry
Statistics. pdf.
Mining Journal Special Publication, London (2006). Philippines: Revitalizing the Minerals Industry. Retrieved
from http://denver.miningopp.govtools.us /DOCUMENTS/ Philippines_MiningJournal.pdf.
Mining Journal Special Publication, London (2006). Philippine Mining: A Wealth of History and Experience.
Retrieved from http://denver.miningopp.govtools.us /DOCUMENTS/ Philippines_MiningJournal.pdf.
Michelitsch, R., Armenta, G., Casadevall-Massuet, F., Datta, M., Denisova, A., Grover,R., LLeyva,L., Oikawa, J.
and Shi, A. (2013). Assessing Private Sector Contributions to Job Creation and Poverty Reduction.
International Finance Corporation (IFC) Jobs Study. Retrieved from http://www.ifc.org/wps/wcm/
connect/d3b612004e3468c783d5ab7a9dd66321/IFC_FULL+JOB+STUDY+REPORT_JAN152013_FINAL.p
df?MOD=AJPERES.
Nakayama, K., Caner, S., and Peter Mullins (2011). Philippines: Technical Assistance Report on Road Map for a
Pro-Growth and Equitable Tax System. International Monetary Fund (IMF) Report, 12/60. Retrieved
from http://www.imf.org/external/pubs/ft/scr/2012/cr1260.pdf.
National Economic and Development Authority (2013). Philippine Development Plan (PDP) 2011-2016
Midterm Review. Pasig City.
Pasimio Jr., H. (2005) Extracting Growth from Mining. SEPO Policy Insight. Retrieved from
http://www.senate.gov.ph/publications/PI%202005-11%20%20Extracting%20Growth%20from%
20Mining.pdf.
What is EITI? Retrieved from http://eiti.org/eiti.
This Policy Brief was principally prepared by Mr. Sherwynne B. Agub with inputs from Microeconomics
Sector Head Peter Anthony S. Turingan, under the supervision of the SEPO Directors and the overall guidance
of its Director General.
The views and opinions expressed herein are those of the SEPO and do not necessarily reflect those of
the Senate, of its leadership, or of its individual members. For comments and suggestions, please e-mail us at
sepo@senate.gov.ph.

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Annex 1. Philippine Mining Industry Profile, 2003-2012

Item
Gross Production Value in
Mining (MGB; in current
prices, Billion PhP)
Gross Value Added in
Mining (NSCB; current
prices, Billion PhP)
Mining Contribution to GDP
(%)
Total Exports of Minerals
and Mineral Products (BSP;
Million US$)
Mining Contribution to Total
Exports (%)
Total Exports of NonMetallic Mineral
Manufactures (BSP; Million
US$)
Mining Contribution to Total
Exports (%)
Total Mining Investment
(Data from the
Revitalization Program
under EO 270) (MGB;
Million US$)
Employment in Mining and
Quarrying (DOLE; number
of persons)
Mining Contribution to Total
Employment (%)
Taxes, Fees and Royalties
from Mining (Million PhP)
Fees, Chargers and Royalties
Collected by DENR-MGB

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012+

41.1

43.4

50.2

72.5

102.2

87.1

106.1

145.3

163.2

100.8

30.3

32.6

37.1

43.9

60.0

53.6

65.8

88.2

96.9

72.8

0.7

0.6

0.6

0.7

0.9

0.7

0.8

1.0

1.0

0.7

637

797

820

2,103

2,605

2,498

1,470

1,929

2,840

2,265

1.8

2.0

2.0

4.5

5.3

5.2

3.9

3.8

6.0

4.9

128

165

171

182

223

211

156

162

177

145

0.4

0.4

0.4

0.4

0.4

0.4

0.4

0.3

0.4

0.3

190.3

708.4

604.2

719.5

968.3

618.5

160

104,000

118,000

123,000

141,000

149,000

158,000

169,000

197,000

211,000

252,000

0.3

0.3

0.4

0.4

0.4

0.5

0.5

0.5

0.6

0.7

79.8

120.1

210.2

192.1

774.0

557.4

396.2

800.6

1,180.8

1,644.1

Excise Tax Collected by BIR

155.8

232.5

251.4

489.6

942.1

660.3

718.8

1,305.9

6,985.8

n/a

Taxes Collected by the NGAs

1,039.2

2,769.1

4,733.6

5,313.2

8,371.7

5,949.5

10,272.5

10,187.9

12,886.0

5,817.8

226.9

358.5

453.5

395.0

359.8

522.2

992.8

1,070.8

1,179.1

496.6

1,501.7

3,480.2

5,648.7

6,389.9

10,447.6

7,689.4

12,380

22,231.7

22,079.8

7,958.5

Taxes and Fees Collected by

LGUs
TOTAL

Source: DENR-MGB, 2013

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Annex 2. Summary of Mining Tax Rates of Selected Countries

Type of
Taxes
Income Tax
Rate

Mineral
Taxes

Australia

Chile

China

30.0%

18.5%

25.0%

State
Royalties
(State)

Specific
Mining
Tax
(Federal)

14.0%

Resource
Tax
(Federal)

Copper
2.7-3.5%
Gold
1.0-2.5%

Copper
5-7 RMB
per tonne
Gold
1.5-7 RMB
per tonne

Iron Ore
6.5-7.5%

Iron Ore
10-20
RMB per
tonne

Coal
7.0-10.0%
Minerals
Resource
Rent Tax
or MRRT
(Federal)

Coal
2-8 RMB
per tonne

Gold
N/A

Compensation for
Mineral
Resource
(Federal)

Iron Ore
22.5%

Copper
0.5-4.0%

Coal
22.5%

Gold
0.5-4.0%

Copper
N/A

India
Indian
Company
32.45%
Foreign
Company
42.024%
Royalty
(State)
Copper
4.2%
Gold
2.0%
Iron Ore
10.0%
Coal
55 + 5.0% (P)
-INR 130 +
5.0% (P)

Indonesia

Peru

Philippines

South Africa

25.0%

30.0%

30.0%

28.0%

Government
Royalty
(Federal)

Mining
Royalty
(Regional)

Copper
4.0%

Copper
1.0-12.0%

Gold
3.75%

Gold
1.0-12.0%

Iron Ore
3.0%

Iron Ore
1.0-12.0%

Coal
3.0-7.0%

Coal
1.0-12.0%
Special
Mining Tax
(National)

The 5%
representing
a surcharge
and P being
the sales
price per
tonne of
coal at mine
mouth.

Copper
2.0-8.4%
Gold
2.0-8.4%
Iron Ore
2.0-8.4%
Coal
N/A
Special
Mining
Contribution
(National)
Copper
4.0-13.12%

Iron Ore
0.5-4.0%
Coal
0.5-4.0%

Gold
4.0-13.12%

Excise Tax
(Federal)
Copper
2.0%
Gold
2.0%
Iron Ore
2.0%
Coal
1.0-PhP10.00/
metric tonne
Royalties to
Mineral
Reservations
(Federal)

Mining and
Petroleum
Resources
Royalty or
MPRR
(Federal)
Copper
0.5-7.0%
Gold
0.5-5.0%
Iron Ore
0.5-7.0%
Coal
0.5-7.0%

Copper
5.0%
Gold
5.0%
Iron Ore5.0%
Coal
5.0%
Royalties to
Indigenous
Cultural
Communities
(Federal)

As agreed

Iron Ore
4.0-13.12%

Tax on
Exports

N/A

N/A

N/A

Ore
Extracted
10.0-20.0%

N/A

Coal
N/A
N/A

N/A

N/A

Processed
Ore
10.0-40.0%
Refined
Metal
10.0%

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Withholding
Tax

Dividends
30.0%

Dividends
35.0%

Dividends
10.0%

Dividends
N/A

Dividends
20.0%

Dividends
4.1%

Dividends
15.0-30.0%

Dividends
10.0%

Interest
10.0%

Interest
4.0-35.0%

Interest
10.0%

Interest
21.01%

Interest
20.0%

Interest
4.9%

Interest
20.0%

Interest
N/A

Royalties
30.0%

Royalties
30.0%

Royalties
10.0%

Royalties
10.51%

Royalties
20.0%

Royalties
30.0%

Royalties
30.0%

Royalties
12.0%

Services
Fee
5.0%

Services
Fee
15.020.0%

Services
Fee
varies

Services
Fee
42.02%

Services
Fee
20.0%

Services
Fee
15.0%

Services
Fee
30.0%

Services
Fee
N/A

Source: Global Mining Industry Updates, June 2012, PricewaterhouseCoopers

10

10

PricewaterhouseCoopers (trading as PwC) is a multinational professional services firm which is headquartered in

London, United Kingdom. Accordingly, it is the world's largest professional services firm and the largest of the Big Four
accountancy firms (along with Deloitte, Ernst & Young, and KPMG) as measured based on 2012 revenues.

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