SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
S. No. 334 
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Introduced by SENATOR PIA S. CAYETANO 
EXPLANATORY NOTE 
Every human being has the right to a healthy environment and it is the 
responsibility of government to ensure that its people enjoy this right. This 
principle was made part of the basic state policy clearly expressed in the 1987 
Constitution: that the state shall protect and promote the right to health of the 
people and that the state shalJ protect and advance the right of the people to a 
balanced and healthful ecology. 
As such, these constitutional provisions should be a guide in view of the 
government's recent thrust towards a more aggressive mining policy and in light 
of the latest Supreme Court decision allowing foreign-owned corporations to 
manage and control mining operations under the Technical or Financial 
Assistance Agreement (FTAA). The purpose of this bill is to temper this 
economic strategy by putting in place possible safeguards to protect the 
environment, ecology and health of the potential mining communities. These 
safeguards were drawn from the tragic experience of the people of Marinduque 
due to the Marcopper Mining disaster, with the hope that the said tragedy will 
never be repeated and should never. be experienced by potential mining 
communities. 
Based on the Final Report on the recently concluded Marinduque 
Independent Environmental and Health StudylAssessment (MEHS), there was 
no denying the negative effects of Marcopper mining to the environment. 
However, the direct link of mining on health problems has been inconclusive. 
This uncertainty stems from the insufficiency of health studies and lack of 
baseline health data. < In fact, the report indicates that the scientists cannot 
exclude exposure to mine waste as potential cause for concern to poor health 
within exposed components of the population. They recommended that a careful 


integrated health surveillance system be implemented to definitely demonstrate 
cause-effect relationship of mining effects on health. A baseline health data and 
progressive health data collection are needed to determine the effects of mining 
on the health of exposed population. 
Large-scale mining operations under FTAA exist for a very long period of 
time lasting twenty-five (25) years and renewable for another 25 years. It is 
therefore, imperative that assessments on health of the surrounding population 
are taken before, during and after the mining operations to make sure that there 
are no negative effects of the mine exposure on the health of the people living in 
these mining communities. This bill seeks to include a health profile prior to 
mining operation, which will provide for a baseline health data, and an 
independent health assessment every 5 years from the start of operation to 
constitute part of the Health and Environmental Impact Assessment (EIA). 
The State's policy to protect, promote and advance people's right to health 
and right to balanced and healthful ecology as mandated by the Constitution, 
underscore the responsibility of the government to ensure that these rights are 
upheld and should not be compromised. In the light of the government's 
implementation of its national policy agenda on revitalization of mining the 
protection of these rights will be best achieved by adopting an i'ldependent 
health assessment as additional environmental and health safeguard. 
For these reasons, approval of this Bill is urgently sought. 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
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Introduced by SENATOR PIA S. CAYETANO 
AN ACT INSTITUTING INDEPENDENT HEALTH AND ENVIRONMENTAL 
ASSESSMENT FOR ALL MINING PROJECTS, AMENDING FOR THE PURPOSE THE 
PHILIPPINE MINING ACT OF 1995 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Section 70 of Republic Act No. 7942 otherwise known as the Philippine 
Mining Act of 1995 is hereby amended as follows: 
Sec. 70 Health and Environment Impact Assessment (HEIA) -
Except during the exploration period of a mineral agreement or financial 
or technical assistance agreement or an exploration permit, an 
environment clearance certificate shall be required based on an 
environmental impact assessment and procedures under the Philippine 
Environmental Impact Assessment System including Sections 26 and 27 
of the Local Government Code of 1991 which require national 
government agencies to 
maintain ecological 
balance, 
and 
prior 
consultation with the local government units, nongovernmental and 
people's organizations and other concerned sectors of the community. 
Provided, That A COMPEHENSIVE HEALTH PROFILE OF THE 
SURROUNDING COMMUNITIES AND completed ecological profile of 
the proposed mining area shall constitute part of the HEALTH AND 
environmental 
impact 
assessment. 
Peoples 
organizations 
and 
nongovernmental organizations shall be allowed and encouraged to 
participate in ensuring that contractors/permittees shall observe all the 
requirements of environmental protection. 
AN 
INDEPENDENT 
HEALTH 
AND 
ENVIRONMENTAL 
ASSESSMENT OF THE SURROUNDING COMMUNITIES OF THE 
MINE SITE SHALL BE CONDUCTED EVERY TWO (2) YEARS FROM 
THE START OF THE MINING OPERATION UNTIL TEN (10) YEARS 
AFTER 
ITS 
CLOSURE, 
AS 
MAY 
BE 
PROVIDED 
IN 
THE 
IMPLEMENTING RULES AND REGULATIONS OF THIS ACT. AN 


INDEPENDENT ASSESSMENT FUND SHALL BE CREATED FOR THIS 
PURPOSE AND SHALL BE DEPOSITED AS A TRUST FUND IN A 
GOVERNMENT DEPOSITORY BANK. FAILURE TO COMPLY WITH 
THE ABOVE OBLIGATION SHALL CAUSE, AFTER DUE NOTICE AND 
HEARING, IMMEDIATE SUSPENSION OR CLOSURE OF THE MINING 
OPERATION OF THE CONTRACTORIPERMITTEE CONCERNED. 
SEC. 2. Section 71 of Republic Act No. 7942 otherwise known as the Philippine Mining 
Act of 1995 is hereby amended as follows: 
Sec. 71. Rehabilitation OF MINING AREA AND MEDICAL 
TREATMENT OF AFFECTED RESIDENTS. - Contractors and permittees 
shall technically and biologically rehabilitate the excavated, mined-out, 
tailings covered and disturbed areas to the condition of environmental 
safety AS WELL AS ENSURE MEDICAL TREATMENT OF AFFECTED 
RESIDENTS FOR ANY ILLNESS ATTRIBUTABLE TO THE MINING 
ACTIVITY, as may be provided in the implementing rules and regulation 
of this Act. A mine rehabilitation and MEDICAL fund shall be created 
based on the contractor's approved work program, and shall be deposited 
as a trust fund in a government depository bank and used for physical 
and social rehabilitation of areas and MEDICAL TREATMENT OF 
RESIDENTS OF THE communities affected by mining activities and for 
research on the social, technical and preventive aspects of rehabilitation. 
Failure to fulfill the above obligation shall mean immediate suspension or 
closure of the mining activities of the contractors/permittee concerned. 
SEC. 3. This Act shall take effect upon its approval. 
Approved,