Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS
First Regular Session

HOUSE BILLNO.__ 2888

Introduced by Representative REGINA ONGSIAKO REYES
Lone District, Marinduque

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 shall 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 Healt6h Study/Assessment (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 a 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 healthy of the surrounding
population are taken before, during and after the mining operation to make
sure that there are no negative effects of the mine exposure on the health
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 a 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
independent healthy assessment as additional environmental and health
safeguards,

In view of the foregoing, approval of this bill is earnestly

REGINA ONGSIAKO REYES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS
First Regular Session

House Br no._ 2888 _

Introduced by Representative REGINA ONGSIAKO REYES
Lone District, Marinduque

AN ACT
INSTITUTING INDEPENDENT HEALTH AND ENVIRONMENTAL
ASSESSMENT FOR ALL MINING PROJECTS, AMENDING FOR
THE PURPOSE THE PHILIPPIE MINING ACT OF 1995

Be it enacted by the Senate and 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 Environmental Impact Assessment (HEIA). -
Except during the exploration period of a mineral agreement or financial or
technical assistance agreement or an exploration permit, an environmental
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 COMPREHENSIVE 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 FIVE (5) 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 THE ABOVE OBLIGATION SHALL MEAN
IMMEDIATE SUSPENSION OR CLOSURE OF THE MINING OPERATION
OF THE CONTRACTOR/PERMITTEE CONCERNED.

Sec. 2. This Act shall take effect upon its approval.

APPROVED.