Dear Atty. Gab,

I hope this email finds you well. I’m writing to you today because I’m in a bit of a bind and could really use some legal advice. My family owns a piece of land in Cagayan, and we’ve been thinking about starting a small quarrying operation to extract gravel and sand. We’ve heard there’s good money in it, and it could really help us make ends meet.

However, I’m getting conflicting information about what permits and clearances we need. Some people say that since we own the land, we can extract whatever we want. Others are telling me that we need to get permits from the local government, even though we already have some clearances from national agencies. It’s all very confusing, and I don’t want to start anything illegal.

I’m particularly worried because I heard that the local government can issue a stoppage order if they think we’re not following the rules. I’m not sure what my rights are in this situation. Can they really stop us from using our own land? What permits do I really need? Any guidance you can provide would be greatly appreciated.

Maraming salamat po!

Sincerely,
Ricardo Dalisay

Dear Ricardo,

Musta Atty! Thank you for reaching out with your question. I understand your confusion regarding the permits needed for quarrying on your land. The core issue revolves around the balance between national and local regulations. While national permits may authorize quarrying activities, compliance with local government requirements, such as securing a governor’s permit, is also essential before commencing operations.

Navigating the Permit Maze: National vs. Local Authority

The Philippine legal system requires compliance with both national and local regulations for quarrying operations. You mentioned having some clearances from national agencies, which is a good start. However, it’s crucial to understand that these national permits do not automatically override local government requirements. In fact, local governments have specific powers to regulate quarrying within their jurisdictions.

One key aspect is the requirement for a governor’s permit. According to Section 138(2) of Republic Act No. 7160 (RA 7160), also known as the “Local Government Code of 1991,”

SECTION 138. Tax on Sand, Gravel and Other Quarry Resources. – x x x.

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.

This provision clearly states that the permit to extract quarry resources is issued exclusively by the provincial governor. This means that even if you have national permits, you still need to obtain a governor’s permit to legally operate your quarry.

Furthermore, local ordinances often specify the requirements and procedures for obtaining a governor’s permit. For example, Provincial Ordinance No. 2005-07 in Cagayan states:

SECTION 2H.04. Permit for Gravel and Sand Extraction and Quarrying. – No person shall extract ordinary stones, gravel, earth, boulders and quarry resources from public lands or from the beds of seas, rivers, streams, creeks or other public waters unless a permit has been issued by the Governor (or his deputy as provided herein) x x x.

This ordinance reinforces the requirement for a governor’s permit before extracting quarry resources. Failing to secure this permit can lead to a stoppage order from the local government, as you mentioned.

It’s important to note that the issuance of a national permit, such as an Industrial Sand and Gravel Permit (ISAG Permit) from the Mines and Geosciences Bureau (MGB) of the Department of Environment and Natural Resources (DENR), does not automatically grant you the right to commence quarrying operations. As the Supreme Court has emphasized,

In order for an entity to legally undertake a quarrying business, he must first comply with all the requirements imposed not only by the national government, but also by the local government unit where his business is situated.

This means that you must comply with both national and local requirements to legally operate your quarry. This includes securing all necessary permits and clearances from both levels of government. The Environmental Compliance Certificate (ECC) from the DENR Environmental Management Bureau (EMB) is another important document, but it doesn’t waive the need for local permits.

Therefore, while you may have clearances from national agencies, you still need to secure a governor’s permit and comply with local ordinances to legally operate your quarry in Cagayan. Failure to do so could result in a stoppage order and other legal consequences.

Practical Advice for Your Situation

• Contact the Cagayan Provincial Governor’s Office: Inquire about the specific requirements and procedures for obtaining a governor’s permit for quarrying operations.
• Review Provincial Ordinance No. 2005-07: Familiarize yourself with the specific provisions of this ordinance, as it outlines the rules and regulations for quarrying in Cagayan.
• Secure all necessary permits and clearances: Ensure that you have all the required permits and clearances from both national and local government agencies before commencing quarrying operations.
• Consult with a local lawyer: Seek legal advice from a lawyer familiar with local government regulations in Cagayan to ensure full compliance.
• Maintain open communication with local officials: Establish a good working relationship with local government officials to address any concerns or issues that may arise.

I hope this clarifies the situation for you, Ricardo. Remember, the legal principles discussed here are based on established Philippine jurisprudence. Please don’t hesitate to reach out if you have further questions.

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.