FOURTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
This bill seeks to close areas declared by local government units (LGUs) as No- 
Mining Zones from mining applications and operations, amending for the purpose the 
Philippine Mining Act of 1995. 
The Philippines has rich reserves of*qold, copper, nickel and chromite. In terms 
of endowment (minerals resources per unit area), the country ranks third in the world 
for gold, fourth for copper, fifth for nickel, and sixth for chromite. 
In 1995, Congress enacted Republic Act No. 7942 otherwise known as the 
Philippine Mining Act of 1995 which shall govern the exploration, development, 
utilization and processing of all mineral resources in the country. This Act opened all 
mineral resources in public and private lands, including timber or forest lands, to 
mineral agreements or financial or technical assistance agreement applications. 
Latest data from the Mines and Geosciences Bureau of the Department of 
Environment and Natural Resouces reveal a considerable amount of gross production 
value in mining: from P35.2 billion in 2002 to P40.7 billion in 2006. The contribution of 
mining to gross domestic product (GDP) growth continues to improve, from 1.1% in 
2002 to 1.2% in 2006. The mining's contribution to total employment in the country 
continues to grow, from 101,000 workers in 2002 to 134,000 workers in 2006. Moreover, 
there is an increasing number of operating metallic mines in the country. From nine (9) 
contractors in 2002, there are 18 contractors in 2006. Finally, the number df mineral 
agreements approved and registered dravatically increased, from 283 agreements in 
2002 to 391 mineral agreements in 2006. 
Section 19 of the Mining Act declared the following areas closed to mining 
applications: 1.) military and other government reservations, except upon prior written 
clearance by the government agency concerned; 2.) near or under public or private 
buildings, cemeteries, archaeological and historic sites, bridges, highways, waterways, 
railroads, reservoirs, dams or other infrastructure projects, public or private works 
including plantations or valuable crops, except upon written consent of the government 
agency or private entity concerned; 3.) in areas covered by valid and existing mining 
rights'; 4.) in areas expressly prohibited by law; 5.) in areas covered by small-scale 
miners, unless with prior consent of the small-scale miners; 6.) old growth or virgin 
forests, proclaimed watershed forest reserves, wilderness areas, mangrove forests, 
mossy forests, national parks, provincial/municipal forests, parks, greenbelts, gaine 


refuge and bird sanctuaries, and in areas expressly prohibited under the National 
Integrated Protected Areas System (NIPAS). 
Also, Section 69 of the same Act provides that every contractor shall undertake 
an environmental protection and enhancement program covering the period of the 
mineral agreement or permit which shall be incorporated in the work program which 
the contractor or permittee shall submit as an accompanying document to the 
application for a mineral agreement or permit. The work program shall include not only 
plans relative to mining operations but also to rehabilitation, regeneration, revegetation 
and reforestation of mineralized areas, slope stabilization of mined-out and tailings 
covered areas, aquaculture, watershed development and water conservation, and socio- 
economic deveiopment. 
Furthermore, Section 71 of the same law requires contractors and permittees to 
technically and biologically rehabilitate the excavated, mined-out, tailings covered and 
disturbed areas to the condition of environmental safety. A mine rehabilitation fund is 
also created based on the contractor's approved work program, and shall be deposited 
as a trust fund in a government depositary bank and used for physical and social 
rehabilitation of areas and communities affected by mining activities and for research 
on the social, technical and preventive aspects of rehabilitation. 
Despite these safeguards, the national government lacks the manpower and 
resources to ensure the use of mining practices that would protect the environment and 
rehabilitate mined-out areas. This is the look out of local government units. 
While the economic benefits to be reaped from a thriving mining industry will 
mean more self-reliant communities away from urban centers, 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 (Tnno vs. Socrates G.R. No. 220249 
August 21, 1997) where 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) merely seek 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 Weyare.-- 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 ecolog-v, 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. 
(underscoring. supplied). 


xxx 
Under the general welfare clause of the LGC, local government 
units have the power, inter alia, to enact ordinances to enhance the righht of 
the people to a balanced ecology. 
It likewise specifically vests 
municipalities with the power to &ant fishery privileges in municipal 
waters, and impose rentals, fees or charges therefor; to penalize, by 
appropriate ordinances, the use of explosives, noxious or poisonous 
substances, electricity, rnuuo-mi, and other deleterious methods of fishing; 
and to prosecute other methods of fishing; and to prosecute any violation 
of the provisions of applicable fishing laws. Finally, it imposes upon the 
-uniana 
- bailan, the snnzwnianp panlunzsod, 
- 
and the sanaauniang 
pnnlnlncAmz the duty to enact ordinances to "[plrotect the environment 
and impose appropriate 
- 
penalties for acts which endanzer 
- 
the 
environment such as dynamite fishing and other forms of destructive 
fishing.. 
- . and such other activities which result in pollution, acceleration 
of eutrophication of rivers and lakes or of ecological imbalance." 
Mining, being an extractive industry, pose great threats to our fragile 
environment. Local government units must be given the right to chart the destiny of 
their environment. 
This bill seeks to do that by inchcling among the areas closed for mining 
applications areas declared by local government units as no-mining zones. 
In view of the foregoing, immediate passage of this bill is earnestly sought 
Senator 


FOURTEENTH CONGRESS OF THE 
1 
First Regular Session 
) 
1 
1 
1 
-, 
REPUBLIC OF THE PHILIPPINES 
Introduced by Senator Loren Legarda 
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 it enacted by the Senate and the House of Representatives of the Philippines in 
Congvess assembled: 
Section 1. Declavation 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 riglit of the people to a balanced ecology, is upheld at all times. 
Pursua:? 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 I11 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 agreement 
or financial technical assistance agreement applications shall not be 
allowed: 
a,) 
In military and other goveriihent reservations, except upon prior 
written clearance by the government agency concerned; 
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 
i;,isent of the government agency or private entity concerned; 
In areas covered by valid and existing mining rights; 
b.) 
c.) 


d.) 
In areas expressly prohibited by law; 
E.) 
IN AREAS DECLARED BY LOCAL GOVERNMENT UNITS AS 
NO-MINING ZONES 
[e]F.) 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 concerned; and 
[flG.) Old growth or virgin forests proclaimed watershed forest reserves, 
wilderness areas, mangrove forests, mossy forests, national parks, 
provincial/municipai 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, Ietter 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 (1 5) days after its 
publication in at least two (2) newspapers of general circulation. 
APPROVED,