Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

4348

House Bill No.

Introduced by: Rep. ISIDRO T, UNGAB, Davao City 3° District,
Gabriela Women’s Party Reps. LUZVIMINDA C. ILAGAN and EMMI A. DE JESUS,
and Bayan Muna Rep. CARLOS ISAGANI T, ZARATE

EXPLANATORY NOTE

This measure was the former House Bill §684, principally authored by Davao City Third District Rep. Isidro T. Ungab,
filed in the 15 Congress. It was approved on Third Reading and duly transmitted to the Senate, Unfortunately, it was
left un-acted in the upper chamber as the 15 Congress drew to a close, With the permission ofits original author, it
is hereby filed anew withthe hope that the present Congress wil find time to act onit with reasonable dispatch

Declaring Davao City as a mining-free zone is a long-standing legislative demand of the local goverment and
constituents of the City. Its founded on the fair assessment that mining is basically a ‘search and destroy’ operation
that destroys big while giving litle to local governments under the existing fiscal sharing system of Republic Act 7942
(The Philippine Mining Act of 1995)! Moreover, Davao City has been able to achieve its development into the
Southern Philippine's premiere city and top investment destination without the participation of large-scale mining, The
city’s local officials and business leaders and their constituents wish to keep it that way by declaring the entire city as
a mining-free zone in order to spare its good mix of abundant natural resources, rich biodiversity, natural beauty,
diverse flora and fauna (the city is the home of the Philippine monkey-eating eagle), and unique cultural heritage from
the divisive and destructive effects of mining

Davao City prides itself in having pioneered in local initiatives that have greatly improved the health and sanitary
Conditions of its people and constituents, such as the ordinances prohibiting smoking and firecrackers as well as
measures that instilled on its residents the importance of their civic role in achieving an orderly waste collection and
disposal system. The city is one of the first few cities that enacted its own environmental code that gives no-
‘nonsense ‘ridge-to-reef' protection to its rich biodiversity and ecosystems, especially its sources of clean water. In
fact, it is because of these progressive legislations that Davaoenos have a high consciousness of the ill effects of
mining and other extractive industries.

+ Under the existing sharing scheme of the Philippine Mining Act of 1995, LGUs receive only a 2 % excise tax from the gross
revenue of a mining operation in thei area of jurisdiction

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These pioneering efforts in making the city safe from environmental degradation will come to naught if large-scale
mining is allowed in its area of responsibilty. Large-scale mining will only mess up the development founded on
peace and order, good govemment, strong agro-industral linkage, and tourism that Davao City has so far achieved.

In view of the foregoing, the people of Davao City eamestly seek the prompt passage of this bil

ane ol Sense &
ISIDRO T. UNGAB U JMINDA C. LAGAN.

Davao City, Third District Gabriela Women's Party
EMMI A, DE JESUS CARLOS SER
Gabriela Women's Party Bayan Muna

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No. _ 434 8

Introduced by: ISIDRO T. UNGAB, Davao City 3" District,
Gabriela Women's Party Reps. LUZVIMINDA C. ILAGAN and EMMI A. DE JESUS,
and Bayan Muna Rep. CARLOS ISAGANI T. ZARATE

AN ACT
DECLARING THE CITY OF DAVAO AS A MINING-FREE ZONE

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

SECTION 1. Statement of Policy, - It is 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, Towards this end, the State shall
protect the people and the environment of the City of Davao against the adverse effects of mining.

SEC. 2, Declaring the City of Davao as a Mining-Free Zone. ~ The City of Davao is hereby declared as a mining-
free zone and all mining operations in the area are hereby prohibited,

For purposes of this Act, “mining’ refers to the extraction of minerals or ores which shall include exploration,
feasibility study, development, utilization and processing: Provided, That the quarrying of gravel and sand for projects
directly undertaken by the agencies of the national or city government for basic services such as, but not limited to,
roads and bridges, schoo! buildings, water and energy utities, are exempted from the coverage of this Act.

SEC. 3. Penal Provisions. - Any person found to have violated any of the provisions of this Act shall, upon
conviction, be punished by imprisonment of not less than six (6) years and one (1) day but not more than twelve (12)
years or a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred
thousand pesos (P500,000.00), or both, at the discretion of the court.

If the offense is committed by a corporation, partnership, association or any other juridical entity, the penalty shall be
imposed on the president, managing director, partner or chief operating officer. The license to operate of the erring
corporation, partnership, association or any other juridical entity shall be cancelled and revoked permanently. The

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operator or owner thereof shall not be allowed to operate similar establishments in a different name or in a different
location,

Ifthe offender is a foreigner, he/she shall, after service of sentence or payment of fine, be subject to deportation and
permanent barred from entering the country

SEC, 4, Transitory Provision. - Any contractor who has an existing exploration permit before the effectivity ofthis
‘Act shall be given a period of two (2) years to wind down the activities ofthe mining operation. Upon the termination
of the exploration permit, the right granted to the contractor to occupy and use the public land shall revert to the
Philippine Government.

SEC. 5, Implementing Rules and Regulations. - Within ninety (90) days after the effectivity of this Act, the
Sangguniang Panlungsod of the City of Davao, with the concurrence of the City Mayor, shall promulgate the
necessary rules and regulations for the proper implementation ofthis Act

SEC. 6. Repealing Clause. - All laws, decrees, executive orders and rules and regulations contrary to or
inconsistent with the provisions of this Act are hereby amended or modified accordingly.

SEC. 7, Effectivity Clause. - This Act shall take effect fiteen (15) days after its publication in the Official Gazette or
in any two (2) national newspapers of general circulation.

Approved,