Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

_ 3533

HOUSE BILL No.

Introduced by BAYAN MUNA
Reps. NERI J. COLMENARES and CARLOS ISAGANI T. ZARATE,

AN ACT
INCLUDING AMONG THE AREAS CLOSED TO MINING APPLICATIONS
‘THOSE DECLARED BY LOCAL GOVERNMENT UNITS AS NO MINING ZONES,
AMENDING FOR ‘THE PURPOSE REPUBLIC ACT NO. 7942 OTHERWISE KNOWN
‘AS THE PHILIPPINE MINING ACT OF 1995, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

s No-Mining Zones from
pine Mining Act of 1995.

his bill secks to close areas declared by local government units (LG!
1g applications and operations, amending for the purpose the Ph

mi

While mining is recognized as one of the contributors to the country’s gross domestic product, there
is a growing resistance to large scale mining in the areas where these operate, Communities from
different provinces such as Capiz, Marinduque, Palawan, Romblon, Negros Occidental, Eastern
Samat, and South Cotabato have passed provincial ordinances declaring a ban on mining operations
and/or a moratorium on applications.

‘The communities in the host provinces are the ones directly affected by mining operations and
therefore have the right to be heard, Thus, the national government should respect and recogniz
these local government ordinances banning mining operations in their respective territories. This is
in keeping with the country’s laws and in recognition of the LGUs’ role to protect and preserve the
environment and the people’s welfare, as mandated by the Local Government Code.

“There is a need to respect the prerogative of local government units to declare areas under their
jurisdiction as no mining zones. In a case decided by the Supreme Court (Tano us, Socrates G.R. No.
220249, August 21, 1997), the Supreme Court sustained the local ordinance passed by Puerto
Princesa City which banned the export of live fish from Puerto Princesa to curtail the practice of
cyanide fishing, The High Tribunal held that; "The Local Government Code provisions invoked by
private respondents (Puerto Princesa City) metely seck to give flesh and blood to the right of the
people to a balanced and healthful ecology. In fact, the General Welfare Clause expressly mentions
this right:



SEC, 16. General Welfare, Every 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."

By supporting them through a law that will uphold their power to regulate mining, LGUs will
become more empowered and responsible to their constituents. By recognizing their role in the
protection and preservation of the environment and the country’s natural resources for the present
and the future generations, the people will participate more in the decision-making processes of the
state

Being an extractive industry, mining poses great threats to our fragile environment. Local
government units must be given the right to chart the destiny of their environment. This bill s
to do that by including among the areas closed for mining applications areas declared by local
government units as no-mining zones.

s mining in prime agricultural lands as well as areas containing cultural

‘The bill likewise probi
properties.

In view of the foregoing, immediate passage of this bill is earnestly sought.

Approve,

Mb ERR

NERI JAVIER COLMENA\
Bayan Muna Party-list

‘Bayan Muna Party-list



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH
First Regular Session

HOUSE BILL No._3533

Introduced by BAYAN MUNA.
Reps. NERI JAVIER COLMENARES and CARLOS ISAGNI T, ZARATE

AN ACT
INCLUDING AMONG THE AREAS CLOSED TO MINING APPLICATIONS
THOSE DECLARED BY LOCAL GOVERNMENT UNITS AS NO MINING ZONES,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7942 OTHERWISE KNOWN
AS THE PHILIPPINE MINING ACT OF 1995, AND FOR OTHER PURPOSES

Be tt enacted by the Senate and the House of Representatives of the Philippines in Congress assembled

Section 1. Declaration of Policy. It is hereby a declared policy of the State to ensure that the
power of local government units, consistent with its mandate under the general welfare clause of the
Local Government Code, to enact ordinances to enhance the right of the people to a balanced
ecology, is upheld at all times,

Pursuant to this, the right of local government units to exempt areas under their jurisdiction from
mining applications is likewise sustained.

Section 2, Section 19, Chapter IIT of Republic Act No. 7942 otherwise known as the Philippine,
Mining Act of 1995 is hereby amended to read as follows

"SEC, 19. Areas Closed to Mining Applications. -- Mineral agreements,
including financial and technical assistance agreements shall not be allowed in:

a) military and other government reservations, except upon prior written clearance
by the government agency concerned;

b) Near or under public or private buildings, cemeteries, archeological and historic
sites, bridges, highways, waterways, railroads, reservoirs, dams or other
infrastructure projects, public or private works including plantations or valuable
crops, expect upon written consent of the government agency and the private
entity concerned;

6) In areas covered by valid and existing mining rights;


d)) In areas expressly prohibited by law;

AGRICULTURAL LANDS, IRRIGABLE AND IRRIGATED
INED BY REPUBLIC ACT 9700;

F) IN PRIME
LANDS AS DE

S WHEREIN THERE ARE CULTURAL PROPERTY AS
UNDER REPUBLIC ACT 10066;

G) IN ARE
ENUMERATE

hh) In areas covered by small-scale miners as defined by law unless with prior consent of
the small-scale miners, in which case a royalty payment upon the utilization of minerals shall
be agreed upon by the parties, said royalty forming a trust fund for the socioeconomic
development of the community concemed;

and

4) Old growth or virgin forests proclaimed watershed forest reserves, wilderness
areas, mangrove forests, mossy forests, national parks, provincial /municipal
forests, parks, greenbelts, game refuge and bird sanctuaries as defined by law in
areas expressly prohibited under the National Integrated Protected Areas System
(NIPAS) under Republic Act No. 7586. Department Administrative Order No.
25, series of 1992 and other laws.”

Section 3. Separability Clause. If any provision of this Act is held invalid or unconstitutional, the
remainder of the Act or the provision not otherwise affected shall remain valid and subsisting.

Section 4, Repealing Clause, Any law, presidential decree or issuance, executive order, letter of
instruction, administrative rule or regulation contrary to or inconsistent with the provisions of this

Act is hereby repealed, modified or amended accordingly.

Section 5, Effectivity Clause. This Act shall take effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation,

Approved,