EO 122: National Policy Framework for the Critical Minerals Industry
Legal question
What are 'critical minerals' under Philippine policy, and what does this Order change for mining companies?
Applicable laws and rules to discuss
- Executive Order No. 122, the Critical Minerals Industry policy framework
- Republic Act No. 7942, the Philippine Mining Act of 1995
- Republic Act No. 12253, the Enhanced Fiscal Regime for Large-Scale Metallic Mining Act
- Executive Order No. 79 (s. 2012), reorganized by this Order
Why this matters
The Philippines has identified roughly nine million hectares of prospective critical mineral areas, positioning it as a potential player in global clean-energy supply chains (nickel, cobalt, and other battery and electronics inputs). This Order sets a coordinated national strategy rather than leaving critical minerals policy scattered across agencies.
The legal frame
The Order establishes guiding principles (state ownership, economic development, environmental protection, and investment stability), directs DENR-MGB to issue a Philippine Critical Minerals List within 30 days, strictly enforces a 'use it or lose it' policy against non-compliant mining tenements, accelerates privatization of government-owned mining assets, and reorganizes the MICC (co-chaired by DENR and DOF) with an expanded mandate.
Who this affects
Mining companies and prospective investors in critical mineral projects, communities near freed-up or newly declared mineral reservation areas, and downstream processing businesses (battery, electronics manufacturing) should watch for the DENR's Critical Minerals List and the streamlined digital permitting platform the Order directs DENR-MGB to build within one year.
Practical discussion points
Readers can ask PHLaw.AI what the 'use it or lose it' policy means for an existing mining tenement, or how free, prior, and informed consent (FPIC) from indigenous communities factors into critical mineral projects.
Ask PHLaw.AI
Try: "What does the 'use it or lose it' policy for critical mineral mining tenements mean under Executive Order No. 122?"