REPUBLIC OF THE PHILIPPINES,
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

‘SIXTEENTH CONGRESS
First Regular Session

670
House Bill No.

Introduced by REP. CESAR V. SARMIENTO.

EXPLANATORY NOTE

The Constitution imposes upon the State a serious obligation “to
protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.” Such duty comes
with it the correlative responsibility to guard the environment from impairment
and harm.

Mining has been statistically proven to be one of the most
environmentally destructive industries. It is harmful not only to the
environment but also to humans. Damages caused by mining have been
irreversible. Apart from destroying the natural beauty of the environment,
mining displaces communities, causes landslides, pollutes water sources and
contributes to the greenhouse effect and climate change, among others.

In 2005, the Department of Energy awarded 7,000 hectares of forest
land to Monte Oro Resources Energy Inc., for coal mining exploration in
Catanduanes. In 2008, it awarded an additional 8,000 hectares of land to the
same company. The mining activity did not push through because it was
opposed by the church and by concerned citizens of the province and there
was no public consultation prior to the said awards. Since then, there is a
continuing threat that sooner or later, Catanduanes will eventually become a
mining zone.

Catanduanes is blessed with rich natural resources and it possesses
the largest remaining natural forest cover in the Bicol Region. It is also home
to various biodiversity species and is listed by the Department of Environment
and Natural Resources as one of the most important areas of biodiversity. It
is for these reasons that the State needs to preserve and safeguard, as the
constitution mandates, the beauty and richness of the province and its people
from the harsh effects of mining. Hence, the passage of this bill is earnestly
called for.

CESAR V. SARMIENTO


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

670

House Bill No.

Introduced by REP. CESAR V. SARMIENTO

DECLARING THE PROVINCE OF CATANDUANES A MINING FREE ZONE
Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

Section 1. Statement of Policy—It isthe policy of the State to protect
and promote the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature. Towards this end, the State
shall protect the people and the environment in the Province of Catanduanes
from the adverse effects of mining.

Section 2. Declaration of the Province of Catanduanes as a Mining
Free Zone.—The Province of Catanduanes is hereby declared a mining free
zone and all mining operations in the Province of Catanduanes are hereby
prohibited.

For the purpose of this Act, mining shall refer to the extraction of
valuable minerals or other geological materials from the earth and shall
include such mining activities as exploration, feasibility, development,
utilization and processing and large-scale quarry operations involving cement,
raw materials, marble, granite, sand and gravel construction aggregates:

Provided, however, That the quarrying of gravel and sand for projects directly


undertaken by agencies of the national government or by the provincial
government for basic services such as, but not limited to, roads and bridges,
school buildings, water and energy utilities and similar public works, is
exempted from the coverage of this Act, subject, however, to the
requirements of existing mining and environment laws.

Section 3. Penal Provisions.—Any person, employee or employment
agency who shall violate the provisions of this Act shall be penalized with
imprisonment of at least six (6) years but not more than twelve (12) years and
a fine of at least One Hundred Thousand Pesos (P100,000.00) but not more
than Five Hundred Thousand Pesos (P500,000.00). If the. violator is a
corporation or association, the president and the manager/s of said
corporation or association, or its agent or representative in the Philippines, in
case of a foreign corporation or association, shall be held liable.

Section 4. Implementing Rules and Regulations.—Within three
months following the effectivity of this Act, the Secretary of the Department of
Environment and Natural Resources shall promulgate the necessary rules
and regulations for its effective implementation:

Section 5. Separability Clause.—If any portion or provision of this Act
is declared unconstitutional, the remainder of this act or any provision not
affected thereby shall remain in force and effect.

Section 6. Repealing Clause—All laws, orders, issuances, rules and
regulations or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

Section 7. Effectivity—This Act shall take effect fifteen (15) days
after its publication in a newspaper of general circulation.

Approved,