DRAFT

VERSION
REGULAR SESSION
18 TH
SANGGUNIANG PANLALAWIGAN
___ August 2020

PROVINCIAL ORDINANCE NO:____ – 2020

()

AN ORDINANCE REGULATING THE EXTRACTION OF SAND

AND GRAVEL WITHIN THE PROVINCE OF ________

Be it enacted by the Sangguniang Panlalawigan in session

assembled that:

ARTICLE I
GENERAL PROVISIONS

Section 1. SHORT TITLE. This Ordinance shall be known as “Quarry

Regulations Ordinance”.

Section 2. LEGAL BASES. The following are the legal bases for the
enactment of this Ordinance:

a) Section 16, Article II of the 1987 Constitution which states that

the State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and
harmony of nature;

b) REPUBLIC ACT NO. 7942 otherwise known as the Philippine

Mining Act of 1995 declares that all mineral resources in public
and private lands within the territory and exclusive economic
zone of the Republic of the Philippines are owned by the State. It
shall be the responsibility of the State to promote their rational
exploration, development, utilization and conservation through
the combined efforts of government and the private sector in
order to enhance national growth in a way that effectively
safeguards the environment and protect the rights of affected
communities;

c) 2nd Paragraph of Section 138 of the Local Government Code of

1991 pronounces that the permit to extract sand, gravel and
other quarry resources shall be issued exclusively by the
provincial governor, pursuant to the ordinance of the
Sangguniang Panlalawigan; and
 d) Section 16 of the Local Government Code of 1991 states that very
local government unit shall exercise the powers expressly
granted, those necessarily implied therefrom, as well as powers
necessary, appropriate, or incidental for its efficient and
effective governance, and those which are essential to the
promotion of the general welfare. Within their respective
territorial jurisdictions, local government units shall ensure and
support, among other things, the preservation and enrichment
of culture, promote health and safety, enhance the right of the
people to a balanced ecology, encourage and support the
development of appropriate and self-reliant scientific and
technological capabilities, improve public morals, enhance
economic prosperity and social justice, promote full employment
among their residents, maintain peace and order, and preserve
the comfort and convenience of their inhabitants.

Section 3. DECLARATION OF POLICY. It is the policy of the

Provincial Local Government Unit of _______ to regulate and set forth
conditions in the extraction of sand and gravel within its territorial
jurisdiction.

Section 4. TERMINOLOGY. Unless otherwise specified, the terms and

phrases in these rules and regulations shall have the following meaning:

a) Boulders - Are fragments of rock retained on a 75mm (3 inches)

US standard mesh/sieve;

b) Extraction - The act or process of taking, excavating and

removing sand, gravel and boulders;

c) Government - The Government of the Province of ________;

d) Gravel - Are particles of rock passing 7mm sieve;

e) Ordinary Earth - The ordinary soil (lupa);

f) Permit - A written warrant or licensure granted or issued by the

Province of ________ for the extraction of sand and gravel for
commercial, industrial, gratuitous or for any other legal
purposes upon the payment of the necessary taxes, fees and
charges;

g) Permittee - One to whom a permit is issued under these

regulations;

h) Public Lands - The portion of public domain to which title

remains vested to the Government;

i) Puka - Refers to the portion of a shell that is sometimes found

mixed with sand and gravel;
 j) Quarrying - Means the process of extracting, removing and
disposing quarry resources found on or underneath the surface
of public or private lands;

k) River Bed - Bed of creeks, streams, bedrocks, etc., found covered

by water during its highest flood without causing inundation;

l) River Holiday – A schedule set by the Provincial Government of

________ prohibiting the extraction of sand and gravel at a
certain day and at a certain time to minimize siltation and to
maximize river usage by the community.

m) Sand - Are particles of rock passing 2mm sieve;

n) Siltation - is a process by which water becomes dirty as a result

of fine mineral particles in the water due to natural or man-
made activities.

Section 5. PERMIT TO TAKE OR DISPOSE OFF MATERIALS. No

person, corporation, partnership or government entity/instrumentality
shall be allowed to take or dispose materials covered by these regulations
both from public or private lands unless authorized under a permit issued
by the Provincial Local Govenrment Unit of ________.

ARTICLE II
REGULATIONS AND CONDITIONS IN
QUARRY OPERATIONS

Section 6. GENERAL GUIDELINES IN QUARRY OPERATIONS.

This is for strict implementation and compliance of all permittees/quarry
operators within the province of ________ for safety and precautionary
measures.

a) All conveyance vehicles accredited as haulers of quarry

resources shall issue delivery receipts for every trip from all
quarry outlets within the province of ________. Delivery
receipts thereof shall be recorded by the monitoring
checkpoint/team for purposes of recording proper quarry tax
collection/s. Conveyance vehicles without the necessary delivery
receipts shall be impounded by the monitoring team. Provided
that such delivery receipts shall be within the controlling powers
of the Environment and Natural Resources Office.

b) Protective covering must be used to cover sand, gravel or any

other quarry resources loaded on the conveyance vehicles prior
to delivery to its final destination. Provided further that trucks
and or conveyance vehicles without the necessary protective
covering shall be stopped at each designated monitoring
checkpoint for proper compliance and with the corresponding
 penalty for non-compliance.

c) Quarry materials shall be only up to the height of the side wall

(without side extension). This is in strict coordination with of
the quarry operators.

d) Quarry operators may check garbage hauled as backload from

other places dumping to the quarry sites. Trucks carrying
garbage shall be stopped or impounded.

e) Strict observance of hauling time within the quarry sites from

8:00 o’clock in the morning up to 5:00 o’clock in the afternoon
only. There should be no hauling allowed before and beyond the
specified time.

Section 7. SPECIFIC CONDITIONS FOR THE ISSUANCE OF

PERMITS. Permits issued for the extraction of sand and gravel shall be
subject to the following terms and conditions:

a) The Permit issued may be suspended or revoked at any time by

the Provincial Governor, as the case maybe, when in his opinion,
public interest so requires or upon failure of the Permittee to
comply with the other terms and conditions stated in the Permit.

b) The Provincial Governor may freeze the market prices or set the
suggested price of sand and gravel extracted, hauled and sold
within the jurisdiction of the Provincial Local Government of
________ when in his or her opinion or upon the
recommendation of the Sangguniang Panlalawigan, the market
price of sand and gravel is much more expensive than those in
the neighboring provinces. Failure to comply with the price
ceiling imposed by the Provincial Governor shall be a ground for
the revocation or suspension of the Permit.

c) The statements made in the application or those made later in

support thereof shall be considered as conditions and essential
parts of the Permit and any misrepresentations therein shall be a
cause for the suspension or revocation of the Permit.

d) Permits issued may be revoked if they inflict serious damage to

the environment like destruction of foundation of bridges, roads,
public buildings or private residences or properties and
appropriate charges and/or penalties shall be imposed.

e) The removal or taking of materials under the Permit shall be

confined within the area specified therein. The boundaries of
which, according to the application are established on the
ground with prominent marks.
 f) Extraction or removal of quarry resources shall not be allowed
without the corresponding permit issued.

g) Extraction or removal of quarry resources in excess of the

allowed quantity specified in the permit shall be considered an
infringement and be subject for permit revocation.

h) Extraction or removal of quarry resources outside the permit

area shall also be considered as a vocation and ground for
permit revocation.

i) No extraction or removal of materials within a distance of one

(1) kilometer (per RA 7942 or Philippine Mining Act of 1995)
from the boundaries of reservoirs established for public water
supply and any public or private works and structures unless the
prior clearance of the agency or owner concerned is obtained,
and twenty (20) meters away from the embankment or rivers
and creeks.

j) The permittee shall assume full responsibility and shall be liable

for damages to private or public property that may occur during
his extraction or operation under the permit.

Section 8. ADMINISTRATIVE PROVISIONS.

a) Convening of the Provincial Mining and Regulatory

Board (PMRB). Within a reasonable period, PMRB shall be
convened by the Provincial Governor for the deliberation of
permit applications, for proper disposition and evaluation of
current quarrying permits.

b) Keeping of Permit. The permit shall be for the exclusive use

of the permittee and shall keep and post the permit at the place
where the removal or taking of materials is made. It shall be
made available at all times for the inspection and examination
by the authorized representative of the Provincial Governor, the
ENR Officer or the Provincial Treasurer or by any other agency
of the National Government.

c) Monthly Reports. The permitee shall submit to the P A ENR

Office within ten (10) days after the end of each month a sworn
report containing the quantity/volume of quarry materials
removed or extracted, the amount of taxes and fees paid, stating
therein the Official Receipt number and date issued, the quantity
sold or disposed of during the period covered by the report, the
selling price, the name and address of the person or persons to
whom the same were sold.

d) Record and Inspection. The PAENRO & PTO shall conduct

 regular inspection of book of accounts, check production against
allowable volume, and conduct inventory of active operations
and other transactions relative to the business and report to the
Governor’s Office from time to time as may be required the
activities performed in connection with these rules and
regulations.

e) Rehabilitation of Excavated Areas. Quarry operators shall

rehabilitate the excavated area to a condition suitable for
agricultural or other economic activities.

f) Corporate Social Responsibility. The permitee shall

commit to undertake Corporate Social Responsibility (CSR)
through the delivery of sand, gravel and filling materials to
sustain environment and provide meaningful support and
services to the community. Including but not limited to minor
road maintenance.

g) “No Hauling Pass/Plate Number, No Loading” Policy.

Quarry permitees shall not allow entry of vehicles not having the
Provincial Hauling & Loading Stickers that signifies their
payment of taxes and fees due to the government. It must be the
duty of quarry operators to advice truck owners who have not
complied with these regulations to settle their obligations to the
Provincial Government. Likewise, motor vehicles without plate
numbers are deemed technically impounded and should not be
allowed to load, haul or transport quarry materials.

h) Safety Regulations. Motor vehicles used for hauling,

transporting and delivery of quarry resources shall be securely
covered with tarpaulin or canvass materials to avoid spillage
which may cause harm and/or accident.

i) River Holiday. To minimize siltation and for people to enjoy

the rivers, a river holiday shall be observed by all persons
granted with quarry permits by the PLGU. Hence the extraction
of sand and gravel is prohibited from Friday at 5 o’ clock P.M. to
Sunday at 8 o’ clock P.M. The failure to comply with the river
holiday shall be a ground for the suspension or revocation of the
permit by the Provincial Governor.

SECTION 9. ASSIGNMENT AND TRANSFER. An application or a

permit can be assigned or transferred by the applicant or permittee to any
qualified individual/entity in an instrument duly notarized registered and
approved by with the Office of the Governor upon the payment of the
required registration fee of One Thousand Pesos (Php 1,000.00). No
succeeding transfer maybe allowed anymore.
 ARTICLE III
GOVERNMENT SUPERVISION

Section 10. MONITORING OF SAND, GRAVEL AND OTHER

QUARRY AND MINERAL RESOURCES. Pursuant to Section 138 of
RA 7160, the Provincial Government thru the PAENRO as its implementing
arm on related concerns, is tasked to effectively carry out the enforcement
of pertinent laws on quarrying operations for the proper collection of taxes
and fees on sand, gravel and other quarry resources by the Provincial
Treasurer’s Office.

a) Duty of the Provincial Mining Regulatory Board – It

shall be the responsibility of the PMRB to accept and evaluate
and conduct a preliminary study of all applications for quarry
permit, to determine compliance of all requirements and
conditions and to recommend to the Governor the approval or
disapproval of the application as the case may be. Determine
appropriate fair market value of the sand and gravel and other
quarry resources.

b) Duty of the Provincial Agriculture, Environment and

Natural Resources Office (PAENRO) – It shall be the duty
of the ENRO to monitor the quarrying activities and the actual
extraction of quarry materials to determine activities that may
endanger the environment. If the quarrying will be detrimental
to the ecology then it shall recommend to the Governor through
the Board for approval or disapproval of the application or recall
of the permit already issued.

Moreover, it shall be responsible in monitoring the volume of

extraction from the quarry and shall submit periodic report to
the Provincial Treasurer for validation as basis for collection of
dues and taxes and to conduct periodic inspection of the quarry
area to determine compliance of all the conditions of the permit
and report regularly to the Governor.
c) Duty of the Provincial Treasurer– it shall be the duty of
the Provincial Treasurer to collect taxes, fees and other charges
due by virtue of existing laws and ordinances.

Section 11. POWER TO INSPECT QUARRY OPERATION AREAS.

Government offices mentioned in the preceding section shall have the
power to enter areas of quarry operations at any reasonable time to inspect
and enforce the conditions and regulations set forth by this Ordinance.

ARTICLE IV
PENAL CLAUSE
Section 12. UNLAWFUL ACTS. The following shall constitute unlawful
acts under these rules:

a) Any extraction or removal of sand and gravel without the permit

duly issued.

b) Any extraction or removal of sand and gravel in excess of the

allowed quantity specified in the permit.

c) Extraction or removal of sand gravel outside the permitted area.

d) Collection of quarry fees and taxes by unauthorized individuals

and other assessments which are not prescribed in this
ordinance are deemed illegal and shall be penalized for
imprisonment, to be determined by the court of law.

e) Any other acts committed in violation of the terms and

conditions of the Permit issued.

Section 13. PENALTIES FOR UNLAWFUL ACTS. The commission of

any of the unlawful acts referred to in the preceding section shall subject
the offender to penalties provided for under these provisions:

a) Extraction and removal or sale of quarry and mineral resources

without permit and/or outside permitted area shall be
prosecuted for violation of this Article punishable by a fine and
cancellation of their accreditation as follows:

First Offense = Php 2,500.00

Second Offense = Php 3,000.00
Third Offense = Php 5,000.00 and cancellation of
Accreditations

b) Truck drivers and haulers of quarry resources who fail to present

the required official receipt and/or monitoring ticket upon
demand shall pay the corresponding penalty per truckload for
materials being transported as follows:

First Offense = Php 2,500.00

Second Offense = Php 3,000.00
Third Offense = Php 5,000.00
Failure to pay the penalty shall be a cause for the impounding of
materials and vehicles by the Province to be released only upon
payment of the required amount to the PTO, and if not, the
transported quarry materials and mineral resources shall be
forfeited in favor of the Province.
 c) Non-payment by the quarry operators of the required taxes and
fees mentioned in the above Articles prior to extraction and
hauling of the quarry materials and/or by the truckers or haulers
(under the Article on Taxes & Fees on Delivery Trucks and/or
Vans) shall cause the impounding of the motor vehicle used in
the hauling and transporting of the quarry resources, which
shall be released only upon full payment of the required taxes
and fees and the penalty of One Thousand Pesos (Php
1,000.00) per truck.

d) Non-payment of the required penalties shall be without

prejudice to the impounding by the province of the equipment
and vehicles used in violation of the above Articles and/or the
filing of the appropriate charges before courts of competent
jurisdictions.

e) Collection of taxes and fees by unauthorized persons or

collecting agency shall be prosecuted before courts of competent
jurisdiction.

ARTICLE V
MISCELLANEOUS PROVISIONS

Section 14. PREFERENTIAL RIGHT. Owners/lessees of private lands

shall have the preferential right to extract and remove sand and gravel
materials that may be found in their land. Lands with imperfect title shall
be recognized if supported by up-to-date payment of realty taxes. Provided,
that any extraction of sand and gravel and other earth materials for
commercial purposes shall be subject to tax.

Section 15. FAILURE TO KEEP BOOK OF ACCOUNTS. Failure of

the Permittee, as required in this Ordinance to keep a book of accounts
containing the records of transactions related to the materials removed and
disposed of, shall be sufficient ground for the suspension or revocation of
the permit, the confiscation of the bond and forfeiture of all payments made
by the permittee.

Section 16. REPEALING CLAUSE/PROVISIONS. All ordinances,

resolutions, executive orders and other issuances related to sand, gravel
and mining operations or parts thereof, inconsistent with this Ordinance
are hereby repealed or modified accordingly.

Section 17. SEPARABILITY CLAUSE. If for any reason a provision or

application of this Ordinance is declared invalid or unconstitutional, all
other provisions hereof not affected thereby shall continue to be in full
force and effect.
Section 18. EFFECTIVITY. This Ordinance shall take effect fifteen (15)
days following the completion of its full publication.

Section 19. PERIOD OF PUBLICATION. This Ordinance shall be

published in a newspaper of general circulation.

APPROVED.