REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY

SEVENTEENTH (17™) CONGRESS.
SECOND REGULAR SESSION

HOUSE BILL NO. (6384

Introduced by Hon. Tricia Nicole Q. Velasco - Catera

EXPLANATORY NOTE

The purpose of this bill is to put in place an indefinite moratorium on any and all
mining activities over the entire Province of Marinduque.

As of today, the inhabitants of the province are still suffering from the effects of the 1996
Marcoper mining disaster, wherein 1.6 million cubic meters of tailings were released along the
Makulapnit - Boac river system. The impact on the river and people who depended on it for
their livelihoods were severe. After the initial inundation which caused destruction of crops
and livestock, clogging of irrigation channels for rice fields, and killing of freshwater and
marine life, the affected residents are still dealing with the contamination brought about by the
toxic mine wastes dumped on the river system. Residents were conclusively diagnosed as
harboring quantities of zinc and copper beyond tolerable limits.

The provincial government in 2005 filed a $100-million class suit against Marcopper and
its parent company, Barrick Gold Corp., but the Nevada State District Court threw out the case
a decade later. Until now justice remains elusive for the victims of the mining disaster. Not a
single centavo had been paid as compensation for what was tagged as the country’s worst
mining disaster. Negotiations are still ongoing at present with Barrick Gold on the
compensation of damages to the province and its people but an acceptable deal for the victims
still does not appear on the immediate horizon.

There is no solution that can erase the damage that has occurred in Marinduque. The
people simply want their environment cleaned up, compensation for their suffering, and
assurance that this will not happen again.

However, just earlier this year the Mines and Geosciences Bureau (MGB) detected leaks
in one of the abandoned dams of Marcopper Mining Corp., raising anew public concerns over
the integrity of the decades-old mining facility.

This issue, along with decades old quest for justice of the victims, must be resolved first
before any mining activity be allowed or even considered to be conducted in the province. The
Constitution provided:

"The State shall protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature."


The Constitutional right of the victims of the Marcopper mining disaster had been and is
continuously being violated. It will be rubbing salt in the wound if mining would be allowed to
flourish once more in the province even before proper redress had been provided.

In view of the foregoing, approval of the bill is earnestly sought.

‘TRICIA NIQOLE Q. VELASCO - CATERA


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY

SEVENTEENTH (17™) CONGRESS
SECOND REGULAR SESSION

6384

HOUSE BILL NO.

Introduced by Hon. Tricia Nicole Q. Velasco - Catera

AN ACT DECLARING THE PROVINCE OF MARINDUQUE A MINING - FREE
ZONE

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. The Province of Marinduque is hereby declared a mining-free zone, and all
mining operations therein shall be prohibited.

For the purpose of this Act, mining shall refer to the extraction of valuable minerals or other
geological materials from the earth, not otherwise considered or declared as quarry resources, and
shall include such mining activities and operations as defined under existing laws: Provided, however,
that the National Government shall maintain the authority to conduct mineral exploration in any part
of the province, when national interest requires, such as when there is a need to determine the
presence and availability of strategic raw materials for industries critical to national development or
with scientific, cultural, or ecological value.

SEC. 2. Any person 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 (P500,000). If the
violator is a corporation or association, the president and the manager of said corporation or
association shall be held liable.

SEC. 3. Within six (6) months following the effectivity of this Act, the Secretary of the
Department of Environment and Natural Resources (DENR), in consultation with the provincial and
municipal governments, the private sector, and accredited non-government organizations, shall
promulgate the necessary rules and regulations for its effective implementation.

SEC. 4. If any portion or provision of this Act is declared unconstitutional or invalid, the
remainder of this Act or any provision not affected thereby shall remain in force and in effect.

SEC. 5. All laws, orders, issuances, rules and regulations or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SEC. 6. This Act shall take effect fifteen (15) days after its publication in two (2) newspaper of
general circulation.

Approved,