i Hees OF Xf DRESTNTATIVES

RECLCIVED
Republic of the Philippines sire 14 JUL 2016
HOUSE OF REPRESENTATIVE!
Quezon City Te: oS

SEVENTEENTH CONGRESS BY:
First Regular Session

REGISTRATION UNIT
1618 BILLS AND iNDEX SERVICE

HOUSE BILL No..

Introduced by BAYAN MUNA Rep. CARLOS ISAGANI T, ZARATE

AN ACT
DECLARING AS CLOSED TO MINING APPLICATIONS
‘THOSE AREAS 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

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.

While large-scale mining contributes to the country’s gross domestic product, there is a growing,
resistance to the operations of these companies, even in areas where they operate. Local
governments from different areas like Davao, Capiz, Marinduque, Palawan, Romblon, Negros
Occidental, Bastetn Samar, and South Cotabato have passed ordinances declazing a ban on mining
operations and/or a moratorium on applications.

Host communities are the ones directly affected by mining operations and therefore have the right
to be heard. Thus, the national government should respect and recognize the prerogative of local
government units to declare areas under their respective jurisdictions as no mining zones through
the enactment of local ordinances. This is in keeping with the country’s laws and in recognition of
the LGUs’ role to protect and preserve the environment and the people’s welfare.

Ina 1997 case decided by the Supreme Court (Tano ss. Socrates G:R. No, 220249, August 21, 1997),
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, holding that "the
Local Government Code provisions invoked by private respondents (Puerto Princesa City) merely
seck to give flesh and blood to the right of the people to a balanced and healthful ecology. In fact,
the General Welfaze Clause exptessly mentions this right:


SEC. 16. General Welfare. 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 ecology, 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."

By supporting them through a law that will uphold their power to regulate mining, like what then
Davao City Mayor and now President Rodrigo Roa Duterte and the City Council did in declaring +
Davao City a mining free zone, LGUs all over the country will become more empowered and
responsible to their constituents. By recognizing their role in the protection and preservation of the
environment and the country’s natural resources for the present and the future generations, the
people will participate more in the decision-making processes of the state.

Being an extractive industry, mining poses 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 including among the areas closed for mining applications areas declared by local
government units as no-mining zones.

‘The bill likewise prohibits mining in prime agricultural lands as well as areas containing cultural
properties.

In view of the foregoing, immediate passage of this bill is camestly sought.

Approwé,

ner BBR aD

Bayan Muna Party-lst


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL ot 618

Introduced by BAYAN MUNA Rep. CARLOS ISAGANI T. ZARATE

AN ACT
DECLARING AS CLOSED TO MINING APPLICATIONS
‘THOSE AREAS 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 Congress assembled

Section 1. Declaration of Policy. It is hereby a declazed 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 enhancing the right of the people to a balanced
ecology, is upheld at all times.

Pursuant to this, the right of local government units to exempt ateas under their jurisdiction from
mining operations or applications is likewise sustained,

Section 2. Section 19, Chapter ITI 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 agreements,
including financial and technical assistance agreements shall not be allowed in:

) military and other government reservations, except upon prior written clearance
by the government agency concerned;

b) 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 ot valuable
crops, expect upon written consent of the government agency and the private
entity concerned;


©) Inareas covered by valid and existing mining rights;
d)) In areas expressly prohibited by law;

FE.) IN AREAS DECLARED BY LOCAL GOVERNMENT UNITS AS NO-
MINING ZONES;

F)) IN PRIME AGRICULTURAL LANDS, IRRIGABLE AND IRRIGATED
LANDS AS DEFINED BY REPUBLIC ACT 9700;

G,) IN AREAS WHEREIN THERE ARE CULTURAL PROPERTY AS
ENUMERATED UNDER REPUBLIC ACT 10066;

hh) 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 patties, said royalty forming a trust fund for the socioeconomic
development of the community concerned;

and

4) Old growth of virgin forests proclaimed watershed forest reserves, wilderness
areas, mangrove forests, mossy forests, national parks, provincial/municipal
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, letter 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. Bffectivity Clause. This Act shall take effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation.

Approved,