FOURTEENTH CONGRESS OF THE 
) 
REpuBLrc OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENATE 
S.NO. 
3391 
Introduced by Senator Antonio “Sonny” F. Trillanes IV 
Explanatory Note 
Section 16 of Article I1 under the 1987 Constitution acknowledges the right of all citizens to “a 
balanced and heatthful ecology in accord with the rhythm and harmony of nature”. However, the 
current mining operations in some parts of the coi.intry prove otherwise. Mining companies are 
increasingly using cyanide to extract gold, silver, copper, zinc, and other metals froin metallic 
ore since cyanide can ext.ract. almost 100% of the precious metals from rocks which contain 
t&m. 
In 2002 there were only 7 mining tenements approved, namely for Philex Mining Corporation, 
Lepanto Victoria Mine, Rio Tuba Nickel Mining Corporation, Taganito Mining, Hinatuan- 
Cagdianao Mining Corporation and Benguet Corporation Masinloc Mine with a total tenement 
area of 23,106 hectares or a mere 5% ofthe total mineralized area. But as of November 2005, the 
number of approved tenements has ballooned to 383 with 2,229 petitions pending approval. 
;\,foreot,,er, cyg?i& ;!a$ bee:) 
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ai pii,ilippi:?e g:i::e$ Slr& 
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mine tailings in Boac, Marinduque, in Sipalay and Hinobaan, in Negros Occidental, in Itogon, 
Benguel, and mudflows in Sibutad, Zamboanga del Norte; and at many foreign mines such as in 
Romania, Guyana. Canada, Kyrgyzstan, and Papua New Guinea resulting in massive fish kiils 
and contaminated drinking water. 
The Cyanide Ban of 2009, if passed, would prohibit the recovery of gold, silver and other metals 
bjr cyamne ~ e s c ~ ~ g  
efthc ore. CycEide is s !eths! s&starice that is used :o emact goia a d  other 
minerals from ore in mining. One teaspoon of a 2 percent cyanide solution will kill an adult 
human. Cyanide in much lower levels is toxic to birds, animals and aquatic creatures. Further, 
cyanide poses serious environmental risks--from transportation on our roadways, h m  storage 
and use at mine site, and from residuals disposed in waste dumps. 
In view of the foregoing, the early passage of this bill is earnestly sought. 
.. . 
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&W+- 
A To IO“SONN 
F. T LLANES IV 
‘ - I  
Senator 
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FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
’ 
) 
Tliird Regular Session 
) 
SENATE 
Introduced by Senator Antonio “Sonny” F. Trilianes IV 
AN ACT 
PROHZilBiTWG THE USE OF CYANIDE Milir OTHER TOYXC CfiEiviiCaLS BY iviWSiG 
FIRMS FOR GOLD AND OTHER MINERAL ORE PROCESSING IN OPEN-PIT MINING 
OPERATIONS 
SEC. 2. DeflnZtim ofTerm.- In this Act, unless the context othemise requires- 
1, “cyanide” means hydrocyanic acid or any of its salts or derivatives. 
2. “heap leaching” Is a mining process to extract precious metals and c w p p  compounds from 
ore. 
SEC. 3. Prohibition on the use of cyanide and other toxic chemicals in mining 
operations.- Cyanide heap leaching in open-pit gold and silver mining is hereby prohibited. 
Further, other toxic chemicals which may be used in mining operations that violate Section 16, 
Article €€ of the Constitution is haebsy prohibited. 
SEC. 4. Penalty.- Any pason wb willfully violates or g ~ s s l y  
neglects the prohibition 
contained hereof shall suffer the penalty of five ( 5 )  years of imprisonment or a fine of 
Fhp25Q,OQQ.OQ , or both, ~t the discretim o f t k  court. 
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SEC. 5. Separability Clause. - If any provision, part or portion of this Act shall be held 
iiivalid, the reinainiing prmisim~s, pa% or prn&m 
of the Act d 
otlwwise affected tlmeby 
shall remain valid and effective. 
SEC. 6. Repealing Clause. - All laws, executive issuances, orders and rules and 
regukatioiis contmy to or inwmistent with this Act, or m y  par? tlmeof, me lmeby repeded, 
amended and/or modified accordingly. 
SEC. 7. Effectivity. - This Act shall take effect upon its publication in the Of$crul 
Gazette or in at least two (2) nation& iicwspapas of gama1 ciTcpltatimT. 
Approved, 
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