NINETEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES
Firsf Regu/ar Sesslon
)
)
)
HOUSE OF REPRESENTATIVES
lntroduced bv Representative Rufus B. Rodriguez
House Bill No.
EXPLANATORY NOTE
This bill was originally introduced as House Bill No. 5888 during the Fourteenth
Congress and again in the Fifteenth Congress as House Bill No. 1064. lt was approved by the
Committee on Natural Resources during both the Fourteenth and Fifteenth Congresses, was
approved by the House of Representatives and transmitted to the Senate where it was not
acted upon. lt was re-filed during the 16th, 17 and 18b Congress where it was once again
approved by the House of Representatives.
Mining has adverse effects both to humans and the environment. Aside from adding
toxic chemicals to the ore, it strips-off large areas of top soil of all flora and fauna. Just recently,
Cagayan de Oro City has suffered flash floods and mining operations in barangays
Dansolihon, Mambuaya, Taglimao, Tagpangi, Tuburan and Tumpago are blamed for such
flashfloods. The flashfloods destroyed not just properties but agricultural areas and farm{o-
market roads as well. Based on the Progress Reports of the Regional Disaster Coordinating
Council of Region 10 based in Cagayan de Oro City, the flashfloods of January 3, 2009 has
affected 21,605 persons or 5,223 families in the city. lt has also totally damaged 141 houses
and partially damaged I ,41 0 house amounting to an estimated cost of 1 .9 million as of January
8, 2009 only.
ln the January 11, 2009 floods that befell Cagayan de Oro City, 37,086 persons or
7,410 families were affected with 94 houses totally damaged and 71 partially damaged.
Further, typhoon Sendong brought about the worst destruction in the history of
Cagayan de Oro City.
To prevent flashfloods from recuning, mining operations in Cagayan de Oro City must
be totally prohibited. Hence this bill, which seeks to declare the City of Cagayan de Oro a
mining-free zone.
ln view thereof, immediate approval of this Bill is sought.
RUF
B.R
UEZ
July 1, 2022
6:13 pm
967


NINETEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES
Flrsf Regu/ar Sesslon
HOUSE OF REPRESENTATIVES
lntroduced by Representative Rufus B. Rodriguez
AN ACT
DECLARING THE CITY OF CAGAYAN DE ORO A MINING-FREE ZONE AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
SECTION l. Statement of Policy. - lt 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. lt is likewise the responsibility of the State to promote the rational exploration,
development, utilization, and conservation of the mineral resources of the country in a way
that effectively safeguards the environment and protects the rights of affected communities.
Towards this end, the State shall institute measures to protect the people and the environment
in the City of Cagayan de Oro from the adverse effects of mining.
SEC 2, Declaration of the City of Cagayan de Oro as a Mining-Free Zone. - The City of
Cagayan de Oro is hereby declared a mining-free zone. All forms of mining operations and
activities, whether large-scale or small-scale, within the jurisdiction of the City of Cagayan de
Oro are hereby prohibited. The provisions of Republic Act No- 7942, or the "Philippine lt/lining
Act of 1995", Republic Act No. 7076, or the "People's Small-Scale f\/ining Act", and other laws,
rules and regulations on mining that are inconsistent with this Act shall have no application
within the territorial jurisdiction of the locality.
SEC 3. Coverage. - This Act covers all mining operations and activities, including quarrying,
within the territorial jurisdiction of the City of Cagayan de Oro: Provided, however, That the
quarrying of gravel and sand for projects directly undertaken by the agencies of the national
government or by the city government for basic services such as roads, bridges, school
buildings, water and energy utilities, and similar public works, is exempted from the coverage
of this Act, subject to the requirements of existing mining and environment laws: Provided,
further, That the national government may pursue mineral resource development in any part
of the city when the national interest so requires, such as in the case of strategic raw minerals
for industries critical to national development for scientific, cultural and ecological values.
)
)
)
House Bill No. _
SEC 4. Recognition of Existing Mining Contracts, Agreements and Permits. - All valid and
existing mining contracts, exploration permits, licenses, technical and financial agreements
and mineral production sharing agreements in accordance with Republic Act No. 7942, or the
"Philippine Mining Act of 1995", covering any area within Cagayan de Oro City at the date of
effectivity of this Act, shall be recognized by the Government and shall remain valid until the
expiration or termination thereof. Thereafter, no further extension or renewal of the contract,
permit, license or agreement shall be granted. Moreover, the government shall not issue new
exploration permits nor enter into new mineral agreements or similar other agreements
covering lands within the jurisdiction of the City.
967


SEC 5. Non+enewal of Small-scale Mining Contracts. - All small-scale mining contracts
covering any area within the City of Cagayan de Oro shall not be renewed upon the effectivity
of this Act.
SEC 6. Quarry Operations. - Existing quarry permits issued by the city government at the time
of the approval of this Act shall be recognized and shall remain valid until the expiration or
termination thereof. Thereafter, issuance of quarry permits in the mining-free zone for
instances provided in Section 4 hereof shall be under the direct supervision of the Department
of Environment and Natural Resources (DENR). The maximum area which a qualified person
may hold for quarrying purposes at any time within the territorial jurisdiction of the City of
Cagayan de Oro shall be five (5) hectares. The DENR shall impose strict regulations in
ensuring that no more than one (1) quarry permit is granted to the same person, corporation
or its afnliate or subsidiaries, or any entity that has essentially the same legal personality as
the applicant or holder of an existing quarry permit in the City.
A quarry permit shall immediately be canceled by the DENR, upon finding after
investigation that in the guise of quarrying activities, the holder of a quarry permit engages in
activities that are properly authorized by exploration permits, mineral agreements, or mining
contracts.
SEC 7. Penal Provision. - Any person, natural or juridical, or any public officer, who violates
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 ofat least One hundred thouEand pesos (P100,000.00)
but not more than Five hundred thousand pesos (P500,000.00).
ln addition, a public ofiicer who violates this Act shall also be dismissed from service
and perpetually disqualified from holding public office.
lf the offender is a juridical entity, the highest ranking official and the members of its
board of directors or board of trustees who authorized the violations therein shall suffer the
penalty imposed under this Act.
SEG 9. Separability Clause. - lf any section or provision of this Act is held unconstitutional or
invalid, the remaining sections or provisions with the provisions not affected thereby shall
continue to be in full force and effect.
SEC 10, 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 lf. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.
Approved,
SEC 8, Implementing Rules and Regulations. - \Mthin three (3) months from the effectivity of
this Act, the DENR Secretary shall promulgate the necessary rules and regulations for its
effective implementation.