Annex 1 - Sand and Gravel Permit Process

DENR Memorandum Order
No. 99-03
February 19, 1999
SUBJECT : Procedural Guidelines in the

Processing and Issuance of Special
Quarry Permit to Extract Sand
and Lahar Materials in the
Mineral Reservation Established
and Declared Under Proclamation
No. 66 and Other Lahar-Affected
Areas in the Provinces of
Pampanga, Tarlac, and Zambales.
In order to provide a mechanism in the proper and effective

implementation of Presidential Proclamation No. 66 and its
implementing rules and regulations, Department Administrative
Order (DAO) 99-03, in consonance with Republic Act No. 7942
and its implementing rules and regulations, DAO 96-40, and so as
not to hamper government infrastructure projects including
desilting activities in lahar-affected river channels, and to alleviate
the economic condition of the people affected by sand and lahar
materials, the following guidelines for the processing and issuance
for permit are hereby promulgated for the guidance of all
concerned:
Section 1. Eligibility of Special Quarry or Sand and

Gravel Permit Applicant.
Any Filipino individual, with legal capacity to enter into

contract, cooperative, partnership and corporation duly organized
and registered with the Securities and Exchange Commission
(SEC) and other appropriate government agency for the purpose of
engaging in mining/quarrying may apply for Special Quarry Permit
within the mineral reservation and Sand and Gravel Permit outside
of the mineral reservation but within the quarry zone.
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Sec. 2 Maximum Area per Application
The maximum area that an applicant may apply or hold at

any one (1) time in any one (1) province shall be as follows:
a. Special Quarry Permit filed with the Mines and Geosciences

Bureau Regional Office No. III (Regional Office) One (1)
meridional block of five seconds (5) longitude and ten
seconds (10) latitude or approximately four and one half (4.5)
hectares mores or less.
b. Industrial Sand and Gravel Permit filed with the Regional
Office-Four (4) meridional blocks or eighteen (18) hectares
more or less but shall not be less than two (2) meridional
blocks or nine (9) hectares more or less.
c. Commercial Sand and Gravel Permit filed with the Local
Government Units (LGU) Five (5) hectares or its meridional
block equivalent.
Provided, that in cases of application for Commercial Sand

and Gravel Permit covering the applicants titled property where
the applied area is impractical to conform with the meridional
blocks then the boundaries of the applied area shall be defined by
specific technical descriptions in geographical coordinates.
Provided, that it will not exceed the maximum area allowed under
this guidelines. Provided further, that in the survey plan, the
applied area should be indicated on what meridian block/s of 5
longitude and 10 latitude it falls.
Sec. 3 Acceptance of Application.
An application for Special Quarry Permit or Industrial Sand

and Gravel Permit shall be filed with the Regional Office in five
(5) sets upon payment of the following fees:
a. Filing fee P 10.00
b. Processing fee P 500.00
c. P.D. 1856, as amended for a and b - P 20.00
263
The Secretary is authorized to increased the above fees
when the national interest and public welfare so require, upon
recommendation of the Director.
An application for Commercial Sand and Gravel Permit

shall be filed with the Provincial/City Provincial Mining
Regulatory Board (P/CMRB) upon payment of fees to be
prescribed by the said Board.
Sec. 4 Mandatory Requirements for Permit

Application.
The application for Special Quarry Permit (MGB Form No.

___) shall be filed with the Regional Office either personally or
through its duly authorized representative, accompanied by the
following mandatory requirements.
a. Survey Plan of the applied area, prepared and signed by a

licensed Geodetic Engineer;
b. Area Clearance from the concerned Government
agencies/LGU(s) that maybe affected by the permit application
or written permission from the landowner(s) and surface
owner(s) of the applied area;
c. Certification from the Natural Resources Development
Corporation (NRDC) that the applied area is within the
identified and delineated Quarry Zone as provided under
Section 5 of DAO 99-03 and the same is free of any conflict;
d. Quarry Operational Plan prepared by a licensed Mining
Engineer or Geologist and duly approved by the NRDC;
e. Environmental Compliance Certificate (ECC) issued by the
Department of Environment and Natural Resources Regional
Office No. III (DENR Regional Office) or a commitment to
submit an ECC prior to the approval of permit in the absence
of programmatic Environmental Impact Statement (EIA);
264
f. Proof of technical competence of the personnel who shall
undertake the activities in accordance with the submitted and
approved Work Program/Quarry Operational Plan;
g. Photocopy of Articles of Incorporation/Partnership/
Cooperation, By-Laws and Certificate of Registration, duly
certified by the SEC or concerned authorized Government
agency(ies), for corporations/partnerships/cooperatives; and
h. Other supporting papers as the Regional Office may require or
the applicant may submit.
Save in Section 4a, 4d and 4g hereof, all the foregoing

mandatory requirements shall be complied with by the applicants
for Industrial and Commercial Sand and Gravel Permits in addition
to the following:
1) Location map/sketch plan of the proposed permit area showing

its geographic coordinates/meridional block(s) and boundaries
in relation to major environmental features and other projects
using NAMRIA topographic map in a scale of 1:50,000 duly
prepared, signed and sealed by a Licensed Geodetic Engineer;
2) Work Program (MGB Form No. 5-4 or MGB Form No. 6-2)
duly prepared, signed and sealed by a licensed Mining
Engineer or Geologist or Quarry Operational Plan prepared by
a licensed Mining Engineer or Geologist and duly approved by
the NRDC; and
3) Other supporting papers as the concerned Regional
Office/Provincial/City Mining Regulatory Board (P/CMRB)
may require or the applicant may submit.
No application, however, shall be accepted unless all the

requirements heretofore stated shall have been complied by the
applicant.
Sec. 5 Processing and Area Clearance of Permit

Application.
265
Within fifteen (15) working days from receipt of the permit
application, the concerned Regional Office/P/CMRB shall transmit
a copy of the location map sketch plan of the applied area to the
concerned Regional Office/pertinent Department sector(s) affected
by the permit application for area status, copy furnished the
concerned municipality(ies)/city(ies) and other relevant offices or
agencies of the Government for their information. Upon
notification of the applicant by the concerned Regional
Office/P/CMRB as to transmittal of said document to the
concerned Regional Office(s)/Department sector(s)/Government
agency(ies), it shall be the responsibility of the same applicant to
secure the necessary area status/consent/clearance from said
Regional Office(s) Department sector(s)/Government agency(ies).
The concerned Regional Office(s)/Department sector(s) must
submit the area status/consent/clearance on the proposed permit
area within thirty (30) working days from receipt of the notice:
Provided, That the concerned Department sector(s) can not
unreasonably deny area clearance/consent without legal and/or
technical basis: Provided, further, That if the area applied for falls
within the administration of two (2) or more Regional
Offices/P/CMRB, the concerned Regional Office(s)/P/CMRB
which has/have jurisdiction over the lesser area(s) of the
application shall follow the same procedure.
In reservations/reserves/project areas under the jurisdiction

of the Department/Bureau/Regional Office(s) where consent/
clearance is denied, the applicant may appeal the same of the
Office of the Secretary.
Within fifteen (15) working days from receipt of the permit

application, the concerned Regional Office(s) shall check in the
control maps if the area is free/open for mining applications.
If the proposed permit area is open for mining applications,

the concerned Regional Office(s) shall give written notice to the
applicant to pay the corresponding Regional Office(s) clearance
266
fee (Annex 5-A of DAO 96-40); Provided, That if a portion of the
area applied for is not open for mining applications, the concerned
Regional Office shall, within fifteen (15) working days from
receipt of said written notice, exclude the same from the coverage
of permit application: Provided, further, That in cases of
overlapping of claims/conflicts/complaints from landowners,
NGOs, LGUs and other concerned stakeholders, the concerned
Regional Director/Provincial Governor/City Mayor shall exert all
efforts to resolve the same.
Applications within the mineral reservation, however, shall

be exempt from the requirement of this section.
Sec. 6 Posting of Permit Application.
Within fifteen (15) working days from receipt of the

application by the Regional Office, it shall issue to the applicant
the Notice of Application for permit for posting, which shall be
done within fifteen (15) working days from receipt of Notice. The
Notice must contain, among others, the name and complete address
of the applicant, duration of the permit applied for, extent of
operation to be undertaken, area location, geographical
coordinates/meridional block(s) of the proposed permit area and
location map/sketch plan with index map relative to major
environmental features and projects and to the nearest
municipalities.
The Regional Office shall cause the posting of two (2)

consecutive weeks of the Notice on its bulletin boards as well as in
the concerned PENRO(s), CENRO(s), province(s) and
municipality(ies), copy furnished the barangay(s) where the
proposed permit area is located. Where necessary, the Notice shall
be in a language generally understood in the concerned locality
where it is posted.
267
Within thirty (30) calendar days from the last date of
posting, the authorized officer(s) of the concerned office(s) shall
issue a certification(s) that the posting have been complied with.
Any adverse claim, protest or opposition shall be filed directly,
within thirty (30) calendar days from the last date of posting, with
the Regional Office or through any concerned PENRO and
CENRO for filing in the concerned Regional Office for purposes
of its resolution by the Panel of Arbitrators pursuant to the
provisions of RA 7942 and its Implementing Rules and
Regulations. Upon final resolution of any adverse claim, protest or
opposition, the Panel of Arbitrators shall issue a Certification to
that effect within five (5) working days from the date of finality of
resolution thereof. Where no adverse claim, protest or opposition,
the Panel of Arbitrators shall likewise issue a Certification to that
effect within five (5) working days therefrom.
No permit shall be approved unless the requirements under

this Section are fully complied with and any adverse
claim/protest/opposition thereto is finally resolved by the Panel of
Arbitrators.
Sec. 7 Field Verification
After payment of P 1,000/man/day at the Regional Office,

its technical personnel shall conduct field verification so as to
confirm that the area contains sufficient volume of quarry
materials and that the area applied for has been actually surveyed.
Provided, that the minimum verification charge shall be P 3,000.
Sec. 8 Approval, Registration and Issuance of a

Permit.
Upon evaluation that all the terms and conditions of the

Special Quarry Permit application are in order and that the
subject/has been cleared from any conflict, the Regional Office
shall forward the Special Quarry Permit to the Mines and
268
Geosciences Bureau Central Office for final evaluation and
approval within thirty (30) calendar days from such evaluation and
shall notify the Permit Holder to cause the registration of the same
within fifteen (15) working days from receipt of written notice at
the Regional Office. Registration is effective only upon payment
of filing fee in the amount of P 100.00 and P 10.00 for P.D. 1856,
as amended. The Regional Office shall officially release the
permit to the Permit Holder after registration.
Approval of Sand and Gravel Permit application by the

Regional Office/concerned Provincial Governor/City Mayor thru
the P/CMRB as well as registration and issuance shall be governed
by Section 77 of DAO 96-40.
Failure of the Permit Holder to cause the registration its

Permit within the prescribed period shall be sufficient ground for
the cancellation of the same.
Sec. 9 Temporary Special Quarry/Sand and Gravel

Permit.
To give opportunity for the applicant to operate

immediately, the Regional office is hereby authorized to issue
Temporary Special Quarry/Sand and Gravel Permit covering sand
and lahar materials to applicant whose permit application could not
be approved due to lack of ECC or the Notice of Application is yet
to be posted. Provided however, that all other requirements
relative to the approval of such application have already been
complied with and that the necessary surety bond to be determined
by the Regional Office to guarantee payment of damages to third
parties, if any, has been posted by the applicant.
The Temporary Special Quarry/Sand and Gravel Permit

shall be issued for a period not exceeding three (3) months and
renewable for similar period until such time that the regular permit
has been granted.
269
Sec. 10 Separability Clause.
If any part of this Order is declared unconstitutional or

invalid by a competent court, such declaration shall not affect the
other part of this Order.
Sec. 11 Effectivity.
This Order shall take effect immediately.
(Sgd.) ANTONIO H. CERILLES

Secretary
270

Annex 1 - Sand and Gravel Permit Process

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DENR Memorandum Order

SUBJECT : Procedural Guidelines in the

In order to provide a mechanism in the proper and effective

Section 1. Eligibility of Special Quarry or Sand and

Any Filipino individual, with legal capacity to enter into

The maximum area that an applicant may apply or hold at

a. Special Quarry Permit filed with the Mines and Geosciences

Provided, that in cases of application for Commercial Sand

Sec. 3 Acceptance of Application.

An application for Special Quarry Permit or Industrial Sand

An application for Commercial Sand and Gravel Permit

Sec. 4 Mandatory Requirements for Permit

The application for Special Quarry Permit (MGB Form No.

a. Survey Plan of the applied area, prepared and signed by a

Save in Section 4a, 4d and 4g hereof, all the foregoing

1) Location map/sketch plan of the proposed permit area showing

No application, however, shall be accepted unless all the

Sec. 5 Processing and Area Clearance of Permit

In reservations/reserves/project areas under the jurisdiction

Within fifteen (15) working days from receipt of the permit

If the proposed permit area is open for mining applications,

Applications within the mineral reservation, however, shall

Sec. 6 Posting of Permit Application.

Within fifteen (15) working days from receipt of the

The Regional Office shall cause the posting of two (2)

No permit shall be approved unless the requirements under

Sec. 7 Field Verification

After payment of P 1,000/man/day at the Regional Office,

Sec. 8 Approval, Registration and Issuance of a

Upon evaluation that all the terms and conditions of the

Approval of Sand and Gravel Permit application by the

Failure of the Permit Holder to cause the registration its

Sec. 9 Temporary Special Quarry/Sand and Gravel

To give opportunity for the applicant to operate

The Temporary Special Quarry/Sand and Gravel Permit

If any part of this Order is declared unconstitutional or

This Order shall take effect immediately.

(Sgd.) ANTONIO H. CERILLES

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