Salient Features of RA 7942 or The Philippine Mining Act of 1995 PDF

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Salient Features of RA 7942 or The Philippine Mining Act of 1995 The RA 7942 or "The Philippine M1n1ng Act of 1995" and its Revised lmplement1ng Rules and Regulations (RIRR) 1s considered 1n the industry today as one of the most socia!ly and env1ronmenta!ly-sensltive leglslat1ons 1n its cl...

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Salient Features of RA 7942 or The Philippine Mining Act of 1995 The RA 7942 or "The Philippine M1n1ng Act of 1995" and its Revised lmplement1ng Rules and Regulations (RIRR) 1s considered 1n the industry today as one of the most socia!ly and env1ronmenta!ly-sensltive leglslat1ons 1n its class It has spec1f1c prov1s1ons that take into cons1derat1on: • Local government empowerment; • Respect and concern for the 1nd1genous cultural commun1ties, • Equitable sharing of benefits of natural wealth, • Econom1c demands of present generation while prov1d1ng the necessary foundation for future generations, •Worldwide trend towards globa!1zat1on, and • Protection for and wise management of the environment GOVERNING PRINCIPLES The Implementing Rules and Regulations (DENR Admrn1strat1ve Order No.96-40) of the Philippine M1n1ng Act of 1995 provides strict adherence to the principle of SUSTAINABLE DEVELOPMENT This strategy mandates that the needs of the present should be met without comprom1s1ng the ab1!1ty of the future generations to meet their own needs, with the view of 1mprov1ng the quality of life, both now and 1n the future Sustainable development provides that the use of mineral wealth shall be pro-people and pro-environment 1n susta1n1ng wealth creation and improve quality of life. The principles of SUSTAINABLE MINING operates under the following terms • Mining 1s a temporary land use for the creation of wealth. leading to an optimum land use in post-mining stage as consequence of progressive and engineered mine rehabi!itat1on works done 1n cycle with m1n1ng operations, • M1n!ng act1vit1es must always be guided by current Best Practices in environmental management committed to reducing the impacts of m1n1ng while efficiently and effectively protecting the environment • The wealth created as a result of m1n1ng accruing to the Government and tl1e community should lead to other wea!th-generatrng opportun1t1es for people 1n the commun1t1es and for other envlronment-respons1ble endeavors • Mining act1v1t1es shall be undertaken with due and equal regard for economic and environmental cons1derat1ons, as well as for health, safety, social and cultural concerns • Conservation of minerals 1s effected not only through technological eff1c1enc1es of m1n1ng operations but also through the recycling of mineral-based products, to effectively lengthen the usable life of mineral commod1t1es • The granting of m1n1ng rights shall harmonize ex1st1ng act1v1t1es, pol1c1es and programs of the Government that directly or indirectly promote self-reliance, development and resource management. Activities, pollc1es and programs that promote community-based, community-oriented and procedural development sha!I be encouraged, consistent with the principles of people empowerment and grassroots development

6 PNP members shall adhere to high standards of morality and decency and shall set good exan1ples for others to follow b_ c d.

Judicious Use of Authority lntegnty Justice

PNP members shall strive constantly to respect the rights of others so that 7 they can fulfill their duties and exercise their rights as human beings. parents, children, c1t1zens. workers, leaders. or 111 other capacities and to see to 1t that others do likewise a b c (j

Humility Orderliness Integrity ,Ju:::tice

8 Once a dec1s1on 1s made, PNP members shall take legitimate means to achieve the goal even 1n the face of internal or external d1ff1cult1es and despite anything which might weaken their reso!ve in the course of time a

Integrity

I).

Pe1::evcranc0

c d

Devotion to Duty Physical Fitness and Health

9 PNP members shall obey lawful orders of and be courteous to superior officers and other appropriate authorities w1th1n the chain of command and they shall readily accept whenever they are assigned anywhere 1n the country a b. c d

Conservation of Natural Resources Obedience to Superiors Devotion to Duty Physical Fitness and Health

1O Immediate Commanders/Directors shall be responsible for the effective superv1s1on, control and direction of their personnel and shall see to 1t that all government resources shall be managed, expended or utilized 1n accordance with laws and regulations and safeguard against losses thru illegal or improper disposition

a. b c d

1:ornn1~ind R0spo11sib1!ity Loyalty Disc1p!1ne Commitment to Public Interest

Formulated by PSSUPT JEROME SALE BAXINELA C,UTPDD

REVIEW QUESTIONS on PNP Ethical Doctrine Multiple Choices. Choose the !Jest answer from the given facts. 1 PNP members shall seek self-improvement through career development and shall not directly or indirectly solicit influence or recommendation from pollt1c1ans, high ranking government officials prominent c1t1zens, persons affiliated with civic or religious organizations with regards to their assignments. promotions, transfer or those of the other members of the force

a b

c. d

Social Awareness Secrecy Discipline !·!on·floUcftation of Patronzo-e Commitment to Democracy

2 PNP members shall guard the confidentiality of classified 1nformat1on against unauthorized disclosure. 1nclud1ng conf1dent1al aspects of official business, special orders. commun1cat1ons and other documents ~-·

b c. d.

'.}uc1Gr::~/

81sc1p!ine Proper Care and Use of Public Property Respect for Human Rights Non-Partisanship

3 PNP n1embess shall provide services to everyone without d1scrim1nat1on regardless of party aff1l1atron 1n accordance with ex1st1ng laws and regulations

a b<

c d

Social Awareness Non-Partisans!1ir) Non-Sollc1tat1on of Patronage Commitment to Democracy

4

PNP members shall always uphold public interest over and above personal interest

a b c tL

Command Respons1b1lity Loyalty Disc1pl1ne Cornmitn1ent to Public lnter~st

5 PNP members shall perform their duties with dedication, thoroughness, efficiency enthusiasm. determ1nat1on, and manifest concern for public welfare, and shall refrain from engaging in any activity which shall be conflict with their duties as public servants a b

Conservation of Natural Resources Obedience to Superiors

,.

iJevol :on to Dut;i'

d

Physical Fitness and Health

Questions·

1 The Wildlife Resources Conservation and Protection Act (RA 9147) aims to protect our country's fauna from 1!11c1t trade, abuse and destruction. through· a Conserving and protecting wrldl1fe species and their habitats, b Regulating the collection and trade of wildlife, c Pursuing, with due regard to the national interest, the Ph!l1pp1ne comn11tment to international conventions, protection of wildlife and their habitats: d. ln1t1at1ng or supporting sc1ent1f1c studies on the conservation of b1ologlcal d1vers1ty, e. All of the above.

2 The Wildlife Resources Conservation and Protection Act (RA 9147) makes 1t unlawful for any person to undertake the following: a Inflicting injury which cripples and/or 1mpa1rs the reproductive system of w1ldl1fe species, b Introduction, reintroduction, or restocking of wildlife resources, c Trading of wildlife: d Transporting of wildlife, e All of the above

3 The penalty for v1olat1on of RA 9147 otherwise known as Wildlife Resources Conservation and Protection Act 1s _ _ _ _ _ _ __ a b c. d e

Imprisonment of as Imprisonment of as Imprisonment of as Imprisonment of as None of the above

much much much much

as as as as

12 years and a fine of P1 m1lhon pesos: 1O years and a fine of P5 m1ll!on pesos. 5 years and a fine of P4 m1ll1on pesos, 2 years and a fine of P3 million pesos,

' ( ....1

...

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r (! "\ 'r' - _ .,,-, 'J. _L'_.

the w1ld!1fe 1s killed or destroyed after 1t has been used 1n authorized research or experiments 1nfl1ct1ng 1niury which cripples and/or impairs the reproductive system of wildlife species effecting any of the following acts 1n cnt1cal habitats. dumping of waste products detrimental to w1!dllfe, squatting or otherwise occupying any portion of the critical habitat, mineral exploration and/or extraction, burning: logging; and quarrying introduction, re1ntroduct1on, or restocking of w1ldl1fe resources trading of wildlife collect1ng, hunting or possessing w1Jdl1fe. their

by~products

and derivatives

gathering or destroying of active nests, nest trees, host plants and the like maltreating and/or 1nfl1ct1ng other 1nJunes not covered paragraph, and

by the

preceding

transporting of w1ldl1fe For any person who undertakes these illegal acts, stiff penalties and fines are meted out Imprisonment of as much as 12 years and a fine of P1 million pesos shall be imposed, 1f inflicted or undertaken against species listed as critical A Wildlife Management Fund to be derived from fines imposed and damages awarded, fees, charges, donations, endowments, adm1nlstrat1ve fees or grants, shall be adm1n1stered by the Department of Environment and Natural Resources as a special account in the National Treasury It will be used primarily to finance rehab1litat1on or restoration of habitats due to v1olat1ons of this Act The Fund will also support sc1ent1f1c research, enforcement and monitoring act1vit1es, as we!I as enhancement of capab1l1t1es of relevant agencies With the approval of The W1!dhfe Resources Conservation and Protection Act, Congress continues its commitment to protect the environment to ensure an economica!!y and ecologically sustainable future. following the const1tut1onal mandate of the State to protect and advance the right of its people to "a balanced and healthful ecology 1n accord with rhythm and harmony of nature"

--RULE 24 - RULE 27 136 The involvement of PNP personnel during strikes lockouts and labor disputes 1n gene:al shall be l1.m1ted to maintenance of peace and order, enforcement of laws. and 1mplementat1on of legal orders of the duly constituted authorities. 137 The PNP shall be render assistance to labor disputes upon written request addressed to the Regional Director/District Director concerr?ed. 138

In the case of actual violence. the police can respond without the written

request.

139. Jnsofar as pract,1ceqble, no. PNP personnel shall be allowed to render police assistance rn cdnnect1on \Anth a stnke or !ockc~!t 1f there is question or comp!air?t as regards his relationship by affinitv or consanguinity or any off;cia//leader of the parties in the controversy, or if he has financial or pecuniary interest therein. 140 PNP personnel detailed,as 'peacekeeping force 1n strike or lockout areas shall be orescribed unifortn at all times.

in

141 PNP personnel shall exercise maximum tolerance and when called for by the s1tuat1on or when all 0th.er peaceful and non-violent means have been exhausted, police officers may employ such means as may be necessary and reasonable to prevent or repel an aqgressioR_ ' 142 The matter of determ1n1ng whether a stnke, picket or lockout 1s legal or not should be left to Department of Labor and Employment and its appropriate agencies

143 Whenever escorts are be provided, all escorts shall be 1n prescribed uniform at aft f!mes 144 The pertinent prov1s1ons of the Public Assembly Act of 1985 {Batas Pambansa Bilang 880), the Labor Code. of the Phil1pp1nes, 3S amended and other applicable laws, shall be observed during rallies strikes, demonstrations or other other public assemblies Law enforcement a.gents shall at all times·

a. Exercise maximum tolerance. b. In case of unlawful aggression, only reasonable force may be employed to prevent or repel it. c. The employment of tear gas and water cannons shall be made under the control and supervision of the Grotind Commander. d. No arrest of any leader, organizer, or participant shall be made during the public assembly, unfess he/she violates any pertinent law as evidence warrants. 145 -rhe peacekeeping detail shall not be stationed in a pfaceat least one ht1ndred (100) meters away from tl1e area of activitv. 146 Whe11 the public assembly 1s held without a permit where a permit 1s required. the satd pub/Jc asse1nbly may be peacefulfy dispersed However. when the leaders or UtQd///Lt1f::i u[ µuiJ/iL' d::i::iti:1.11/J/y Ldll ::,/1uw 1:111 dµµf~LdilOfl [O/ µe11111l July ft/eJ d[ i/Je Off/Ct:: of the Mayor which has jur1sd1ctio11 over the plac,e where the rally will be held, at feast five (5) days prior to the 1nten(ied act1v1ty and the Mayor did not act on tf1e same, tf1e grant of the permit being then presumed under the law, and 1t will be the burden of the authorities to show that there has been a denial of the appflcatio11. 1n which case. the ref!}' .me}' be peecefuif}' d1spersed t.'7e foffrJ'.'.'1ng the procedure of .rna,-:1tntt!T1 toferer1ce , prescribed by law

147 Police contingent monitoring a public assembly may be detailed and stationed at !e.e.~t o!1e hundred (100) meters at~1a~, from the area of acti'.'ftv.

148 An appl1cat1on for permit for a public assembly should be flied at least days at the Office of the Mayor before the act1v1ty

five (5)

149 A public assembly in a public place must,have permit from the Mayor of the City

...........

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150 Police officers are not allowed to drink alcoholic beverages during peaceful assemblies. 151 Gambling is':'prohibited. during a peaceful assembly and while monitoring the s!tu2t1on

152. The PNP shall respect and protect human dignitv, maintain and uphold the human rights of all persons.

153 Ground Commanders. are responsible in determining whether there is a permit for the ho!~inq of the pub!ic assemb!~'. 154-155 Tear gas. smoke grenades water cannons. or anv s1m1far ant1-r1ot device shall be used only wheri the public assembly is attended by actual violence or serious threats of violence, or deliberate destruction of property J 56 When assistance 1s requested by the leaders/organizers. it shall be imeerative for the COM contingent to perform their duties while observing the rights of demonstrators.

157 The COM contingent shall not carry any kind of firearms but may be equipped '."/1th baton or not sticks. c:2sh helmets \A/1th visor, gas mas~.s, beets er ankle-high shoes with shin guards 158 In cases when violence erupts. police officers are allowed to hit the violators only 1n fleshy part of the body such as arms; torso, legs, and thighs.

159. The duties of PNP personnel 1n any demoilt1on or ejectment act1v1ty shall be limited to the maintenance of peace and order. protection of fife and property, and enforcement of Jaws and legal orders.

160 Tear gas water cannon. and reasonable force shall be used only when all other peacefu! and non-'.'fo!ent meE?ns .'"?ave' been e.~ha!!sted. 161. PNP personnel tasked to prqv1de police assistance shall be in prescribed uniform during the actual df!molition. They Shall limited only to occupying the first line of law enforcement and c1v1I disturbance control; shall not part1c1pate 1n the physical d1smantl1ng of any structure subject of demol1t1on· and shall use only necessary and reasonable force 162. The request for police assistance 1s based on an order of the court. gL1as1-tud1c1al or adm1t11strat1ve bodies Tl1e written request tor police assistance shall be signed bv the Sheriff or equivalent off1ce1 1n quas1-1ud1c1al or adm1n1strat1ve bodies.

RULE 28 - RULE 31 163 The request for police assistance shall be submitted to the Office of the Chief PNP 1n case the final decision or order to be 1n1plemented 1s rendered by the Supreme Court, the Court of Appeals, the Court of Tax Appeals, the Sand1ganbayan, quas1JUd1c1al bodies or adm1n1strat1ve bodies

164 If the request for police assistance sat1sf1es all the requirements, police assistance shall be rendered within three (3) working davs from receipt of the d1rect1ve from the C, PNP or RO, PRO. unless a specific period 1d written 1n the order or due to inherent 1mposs1b1l1ty of rendering assistance. a longer 1s 1·equ1red

165 In case of direct f1l1ng or request to local police units or operational support units, the request shall be cef,orred \0 tlJe OCPNr or RD, PRO, as appropriate In the meantime, no police assistance shall be rendered until the CPNP or RD, PRO shall have acted on the request 166-16/ I he police assistance shall only be granted upon the written request ot COMELEC or DILG, acc'ompanied with the original or authenticated copy of the final dec1s1on or order or resolution to be implemented

168

The approving' aut)fqrity .on,. request for police assistance from the DILG or ' is the Chief P,..!P.

CO~.~ELEC

169 The police assistance shall. be rendered within three (3) working days from receipt on the d1rect1ve frOm the C, PNP 170 It 1s true that police assistance can also be rendered for a longer period when required b~' c1rcumste:ic:es 171 The Special Task Group Commander tasked to render police assistance shall have the d1scret1on to employ suff1c1ent number of the PNP personnel

172-173 The police tean1 that will render police assistance should be led by a Police Ccmm!ss1oned Off•cer (PCO) \•11th the rank of fo!ice Se.riior !r?spector .A.II members of the Special tasked Group shall be in prescribed uniform when rendering police assistance.

174 The role of the PNP when rendering police assistance shall be lirn1ted to maintenance of oeace and order. crowd control. and the securitv of the dulv authorized officer of the COMELEC, DILG or LGU concerned 1n the 1mplementat1on of dec1s1on/order/resolut1on 175 In performing their role, the PNP personnel shall at all times observe maximum tolerance and respect for human rights and shall always exercise utmost impartiality and neutrality in effecting its role. 176 The request for police assistance 1n the 1mplementat1on of final orders, dec1s1011s, Resolutions or CLOAs can only be granted upon the written request submitted by the Agrarian Reform Officer or any authorized officer of DAR.

177 Examples of Prel1m1nary Agrarian Act1v1t1es 1. Land Survey 2. Field Investigation 3. Ocular Inspection 4. fvieeiir1y Ueiwt:e11 ar.:iudl a11U µule11iiT-'•~

"Peace and Orcer Agenda for Transformation and upholding of the Rule-Of- Law 10. The following are the sequentia! stages of the Performance Governance System (PGS) a

ln1t1at1011 Srage

b

Con1pl1ance Stage

c

Prof1c1ency Stage and

d

lnst1tut1onal1zat1on Stage

11. The four (4) Strategic Perspectives of the PNP Strategy Map PATROL Plan

2030. a b c d

Resource

f\~anagement

Learning and Growth Process Excellence and Community

12 The Main Tasks or Respons1b1l1t1es of the PNP a b

Crime Preventron Cn111e Solution

13 The Balanced Scorecard - It's a n1anagement system that enables our organ1zat1on, which 1s rhe PN P to set, track and achieve its key strategies and ob1ect1ves A management and measuring that 1s globally recognized and adopted by the PNP to raise the standard of Governenc2. 14. The PNP Units /Offices that need to !Jndergo Operational Review of Dashboard to be undertaken every rJ!onth. a b c d

e

PPO's CPO"s CPS MPS Police Stations

f

lnd1v1duals

j

3

GENERAL INFORMATION (LAWS) Multiple Choice Please read carefully and select the required answer 1

Under the 1987 Const1tut1on, ma1nta1n -----a multiple police forces b one police force

the

state<...