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SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No__49

EXPLANATORY NOTE

This bill was originally introduced as House Bill No. 5888 by the
undersigned Rufus B. Rodriguez, Jr. during the Fourteenth Congress and
again in the Fifteenth Congress as House Bill No. 1064. It 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.

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-to-
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. It has also totally damaged 141 houses and partially
damaged 1,410 house amounting to an estimated cost of 1.9 million as of
January 8, 2009 only.

In 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.

And just recently, typhoon Sendong brought about the worst
destruction in the history of Cagayan de Oro City.

To prevent flashfloods from recurring, 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.

In view thereof, immediate approval of this Bill is sought.

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Maximo B. RODRIGUEZ, JR.

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‘SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B, Rodriguez, Jr.

House Bill No, 49
AN ACT
DECLARING THE CITY OF CAGAYAN DE ORO 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 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 peopie and the environment in Cagayan de Oro City from the
adverse effects of mining

SEC. 2. Declaration of Cagayan de Oro City as a Mining Free Zone. -
Cagayan de Oro City is hereby declared a mining free zone and all mining
operations in the City of Cagayan de Oro 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 city 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.

SEC. 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.


SEC. 4. Implementing Rules and Regulations. — Within three (3) 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.

SEC. 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 shail remain in force and effect.

SEC. 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 accordinaly.

SEC. 7. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in a newspaper of general circulat

Approved,