The Philippines' Mining Fiscal Regime: H1 2014

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Philippines's fiscal regime report outlines governing bodies, governing laws, licenses, rights and obligations, and tax-related information on nine commodities: iron ore, copper, zinc, gold, silver, nickel, chromium, manganese and lead.


The Philippines has a variety of mineral resources, including copper, nickel, cobalt, and gold. Mineral deposits in the country are categorized into metals and non-metals. The mining industry in the Philippines is governed by the Department of Environment and Natural Resources (DENR), and the Mines and Geosciences Bureau. The Philippine Mining Act of 1995 is the apex governing law for the country's mining industry.


The report outlines Philippines's governing bodies, governing laws, mining permits, mining rights and obligations and key fiscal terms which includes royalty, excise tax, corporate income tax, capital gains tax, withholding tax, optional standard deductions, depreciation, loss carry forward and VAT.

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Key highlights

  • The DOE is mandated by the Department of Energy Act of 1992 (RA 7638). It is responsible for coordinating, supervising and controlling all government plans, programs, projects and activities relative to the exploration, development, utilization, distribution and conservation of energy.
  • The DENR is the main governing body for mineral resources in the Philippines. It is responsible for the management and development of the country's natural resources and environment. Its other responsibilities are to formulate government policies, implement and supervise plans and programs related to the development of natural resources, and regulate the exploration, development and extraction of natural resources.
  • The Environmental Management Bureau (EMB) was established as the supporting body for the DENR in 1987. In 2002, it became a line bureau with its own offices and independent enforcement authority. The EMB is responsible for pollution prevention and control, and environmental impact assessments.
  • The Land Management Bureau is a bureau under the DENR. It provides long- and medium-term strategic plans for the land sector, and monitoring and evaluation tools to ensure the achievement of goals. The bureau also develops survey standards and ensures compliance.
  • The Mine Management Division operates the mineral rights management system, and processes and evaluates applications for mining rights. It also provides the government, mining contractors and the general public with technical assistance.

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Gain an overview of Philippines's mining fiscal regime.

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Table of Contents

1 Executive Summary 1

2 The Philippines's, Governing Bodies 4
2.1 Department of Energy (DOE) 4
2.2 Department of Environment and Natural Resources (DENR) 4
2.2.1 Environmental Management Bureau (EMB) 4
2.2.2 Land Management Bureau (LMB) 4
2.3 Mines and Geosciences Bureau (MGB) 4
2.3.1 Mine Management Division 4
2.3.2 Mining Environment and Safety Division 4
2.3.3 Mining Technology Division 4
2.3.4 Mining Tenement Management Division 5
2.3.5 Mineral Economics, Information and Publications Division 5
2.3.6 Land Geological Survey Division 5

3 The Philippines's, Governing Laws 6
3.1 Philippine Mining Act of 1995 6
3.2 Republic Act No. 7076 6
3.3 Philippine Environment Laws 6

4 The Philippines's, Mining Permits 7
4.1 Exploration Permit 7
4.1.1 Duration 7
4.1.2 Area 7
4.2 Mineral Agreement 7
4.2.1 Mineral Production Sharing Agreement (MPSA) 7
4.2.2 Co-Production Agreement (CA) 7
4.2.3 Joint Venture Agreement (JVA) 7
4.2.4 Duration 7
4.2.5 Area 8
4.3 Financial or Technical Assistance Agreement (FTAA) 8
4.4 Mineral Processing Permit 8
4.4.1 Duration 8

5 The Philippines's, Mining Rights and Obligations 9
5.1 Rights 9
5.2 Obligations 9

6 The Philippines's, Key Fiscal Terms 10
6.1 Royalty 10
6.2 Excise Tax 10
6.3 Corporate Income Tax 10
6.4 Capital Gains Tax 10
6.5 Withholding Tax 10
6.5.1 Dividends 10
6.5.2 Interest 10
6.5.3 Royalties 10
6.6 Optional Standard Deductions 10
6.7 Depreciation 10
6.8 Loss Carry Forward 11
6.9 Value Added Tax (VAT) 11

7 Appendix 12
7.1 What is this Report About? 12
7.2 Methodology 12
7.3 Secondary Research 12
7.4 Primary Research 12
7.5 Contact Timetric 13
7.6 About Timetric 13
7.7 Timetric's Services 14
7.8 Disclaimer 15

List of Tables

Table 1: Mining Industry in Philippines, Fiscal Regime Terms and Other Taxes 1
Table 2: Mining Industry in Philippines, Exploration Permit Areas (ha), 2014 7
Table 3: Mining Industry in Philippines, Mineral Agreement Act (ha), 2014 8
Table 4: Mining Industry in Philippines, Ground Expenditure (PHP/ha), 2014 8