Republic of the Philippines
House of Representutives

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 6728

INTRODUCED BY REP. LUISA LLOREN CUARESMA
Lone District of Nueva Vizcaya

EXPLANATORY NOTE

Today I bring before the House of Representatives the plight of my
constituents in the great province of Nueva Vizcaya. They have suffered far too
much and far too long from the destruction brought by irresponsible mining
companies—as do, I am sure, other communities in several parts of the
Philippines.

The community and local leaders like myself stood seemingly helpless
against this giant industry that enjoyed the absolute protection of the law and the
national government. For example, aside from their hundreds of security
personnel, a military detachment and police checkpoints were deployed at their
mining site to provide “additional protection”, as if they needed it. The roads
leading to their project site also have several checkpoints. In spite of their vast


financial resources, they still take away much needed military and police
personnel from the local communities that need more protection.

The officials of the Mines and Geosciences Bureau (MGB) of the DENR,
the agency assigned by law to “regulate” the miners, hold office and sleep inside
the compound of the mining company. Every now and then, you see the MGB
officials attending the activities of the mining company and helping it promote
its business to the community and potential investors.

If the telecommunications industry, which does not cause too much
environmental impact; which does not cause displacement of Filipinos from
their homes; which does not result in contamination of water sources; and which
does cause massive deforestation, requires a legislative franchise to operate, then
with more reason that we should impose the same requirement to an inherently
destructive industry like mining.

I sincerely appreciate Speaker Pantaleon Alvarez for reinforcing my
proposal to require a legislative franchise before an FTAA or any similar mining
contract will be approved.

Today, I remain as firm as ever, because lost dignity and destruction
should not be the price of development. Because pain and suffering cannot bring
us true progress and prosperity. Because we have a duty and a responsibility to
safeguard the future of every generation of Filipinos yet to come. Because
destructive, illegal, and irresponsible mining simply must stop, and it must stop

now.


We do not call for an indiscriminate blanket ban on mining; what we call
for—and what | have advocated and will continue to advocate—is responsible
and common-sense mining. That means all mining companies must be regulated
in such a way that they strictly comply with the rules and regulations in place.
That means that the community should be entitled to substantial and realistic
financial benefits from the mining project and be able to allocate these benefits
under their own terms and not upon the dictates of the mining company or the
DENR.

Thus, | call for your support in this bill for the creation of an oversight
committee that will be solely engaged in the strict regulation of the minerals

industry.

With this, support for this measure is earnestly sought.

(ees Utter
hes LLOREN C

'UARESMA


Republic of the Philippines
House of Representatives

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO., 6728

INTRODUCED BY REP. LUISA LLOREN CUARESMA
Lone District of Nueva Vizcaya

AN ACT CREATING A JOINT CONGRESSIONAL OVERSIGHT
COMMITTEE ON MINING

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

SECTION 1. Declaration of Policy — It is hereby declared the
policy of the State to protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature. The
legislature must exercise its mandate to ensure that mining laws are implemented
efficiently and effectively.


Republic Act No. 7942, otherwise known as the “Philippine Mining Act
of 1995” expressly states that all mineral resources in public and private lands
within the territory and exclusive economic zone of the Republic of the
Philippines are owned by the State. It shall be the responsibility of the State to
promote their rational exploration, development, utilization and conservation
through the combined efforts of government and the private sector in order to
enhance national growth in a way that effectively safeguards the environment
and protect the rights of affected communities.

SECTION 2. Creation of Joint Congressional Oversight
Committee on Mining - There is hereby created a Joint Congressional
Oversight Committee on Mining.

SECTION 3. Composition — The Joint Congressional Oversight
Committee on Mining shall be co-chaired by the Chairperson of Committee of
Natural Resources of the House of the Representatives and Chairperson of the
Committee of Environment and Natural Resources of the Senate. The President
of the Senate and the Speaker of the House of Representatives shall each
designate seven (7) Senators and seven (7) Members of the House of
Representatives as members of the Joint Congressional Oversight Committee on
Mining.

Provided, that the minority shall have one (1) seat each from the Senate and

House of Representatives.


SECTION 4. Functions — The Joint Congressional Oversight
Committee on Mining shall have the following functions:

a) Conduct hearing and investigations in aid of legislation on matters
pertaining to the impact of mining in the environment, indigenous
peoples, culture and ecotourism;

b) Require reports from government agencies in all matters connected to
mining;

c) Summon implementers of the programs, activities and projects included
in the general appropriations act;

d) Recommend prosecution of erring government officials, public officers or
employees;

e) Grant or cancel legislative mining franchise;

f) Ensure post-mining rehabilitation of the environment and the community;

g) To promote and protect the rights of indigenous peoples affected by
mining:

h) Ensure that legis

ive proposals promote, protect and conserve ancestral
domains and agricultural lands;

i) Prescribe standards for responsible mining:

j) Come out with studies to improve regulation of mining in the country; and

k) Subpeona and contempt power.

SECTION 5. Repealing Clause — All laws, presidential decrees,
executive orders, rules and regulations contrary to or inconsistent with the

provisions of this Act are hereby repealed or modified accordingly.


SECTION 6. Effectivity Clause. - This Act shall take effect
immediately after its publication in the Official Gazatte or newspaper of general
circulation. Approved,

Approved,