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 Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
2nd Regular Session 
House Bill No. 9723 
Introduced by Representative ERIC GO YAP 
EXPLANATORY NOTE 
The government continues to enforce strict rules and regulations in terms of mining due 
to its prospective hazards to the environment and to people’s health. Most notable of these 
hazards are immense, one of which can be mercury, contamination of vegetations and 
surroundings, high level of carbon output, deforestation leading to erosion and 
destruction of natural habitats, enormous amount of wastewater, and most especially, 
human and wildlife mortality.  
Concerns on the potential destruction of agricultural lands following the presence of 
mining activities have become prevalent in the province of Benguet, the province that is 
considered to be among the main sources, if not the center, of vegetable produce in the 
country. In fact, the Sangguniang Bayan of Kibungan, Benguet has issued Resolution No. 
071-2023 which seeks the passage of a legislation that would prohibit any mining activity
in the municipality including the imposition of necessary penalties for violators.
Mining activities are not totally prohibited in the country, granted the varying 
environmental conditions in some of its places and the mineral-rich resources that some 
parts of the it possessed. However, there is a vital need to establish necessary safeguards 
especially in municipalities where mining’s disadvantages could outweigh its 
advantages, compromising the environment and well-being of the people. The 
Municipality of Kibungan in the Province of Benguet is a primordial example of a 
municipality that is reliant in agriculture, its main source of livelihood, and in which the 
presence of mining activities would potentially danger its agricultural lands. It is in this 
regards that this bill seeks the imposition of penalties to any acts of mining in the 
municipality in order to instill essential safeguards that will protect the municipality’s 
environment and vegetation and in pursuit of declaring the municipality as a Mining Free 
Zone. 
In view of the foregoing, the approval of this proposed Bill is earnestly sought. 
HON. ERIC GO YAP 
December 12, 2023
8:00 am


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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
2nd Regular Session 
House Bill No. 9723
Introduced by Representative ERIC GO YAP 
AN ACT 
DECLARING THE MUNICIPALITY OF KIBUNGAN IN THE PROVINCE OF 
BENGUET A MINING-FREE ZONE AND PROVIDING PENALTIES FOR 
VIOLATIONS THEREOF 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
            SECTION 1. Short Title. - This Act shall be known as the "Kibungan Mining-
Free Zone Act". 
            SEC. 2. Statement of Policy. - It is the policy of the State to protect and advance 
the right of the people to a balanced and healthful ecology in accord with the rhythm 
and harmony of nature.  
            It is likewise the responsibility of the State to promote the rational exploration, 
development, utilization and conservation of the mineral resources of the country in 
a way that effectively safeguards the environment and protects the rights of affected 
communities.  
            Towards this end, the State shall institute measures to protect the people and 
the environment in the Municipality of Kibungan in the Province of Benguet from the 
adverse effects of mining. 
            SEC. 3. Mining-Free Zone. - The Municipality of Kibungan in the Province of 
Benguet is hereby declared a mining-free zone. All forms of mining operations and 
activity, whether large-scale or small-scale, within its jurisdiction are hereby 
prohibited. The provisions of Republic Act No. 7942, otherwise known as the 
"Philippine Mining Act of 1995." Republic Act No. 7076, otherwise known as the 
"People's Small-Scale Mining Act" and other laws, rules and regulations on mining 
inconsistent with this Act shall have no application within the territorial jurisdiction 
of the locality. 
            SEC. 4. Coverage. - This Act covers all mining operations and activities, 
including quarrying, within the territorial jurisdiction of the Municipality of 


 
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Kibungan in the Province of Benguet. As used in this Act, "mining" shall refer to the 
extraction of valuable minerals or other geological materials from the earth and shall 
include such mining activities as exploration, conduct of geological feasibility studies 
and surveys, development, utilization and processing, as well as quarry operations 
involving cement raw materials, marble, granite, sand and gravel construction 
aggregates, and other similar activities related to the excavating and quarrying of 
minerals and ores. 
 
            SEC. 5. Recognition of Existing Mining Contracts, Agreements and Permits. - 
All valid and existing mining contracts, exploration permits, licenses, technical and 
financial agreements and mineral production sharing agreements in accordance with 
Republic Act No. 7942, otherwise known as the "Philippine Mining Act of 1995," 
covering any area within the Municipality of Kibungan in the Province of Benguet at 
the date of effectivity of this Act, shall be recognized by the Government and shall 
remain valid until the expiration or termination thereof. Thereafter, no further 
extension or renewal of the contract, permit, license or agreement shall be granted. 
Moreover, the government shall not issue new exploration permits nor enter into new 
mineral agreements or similar other agreements covering lands within the jurisdiction 
of the Province.  
 
            SEC. 6. Prohibition Against Exploration Activities in Areas Covered by 
Mineral Agreements. - At the date of the effectivity of this Act, no exploration permit 
to conduct further exploration activities or application for extension thereof shall be 
granted even during the lifetime of existing mining contracts, technical and financial 
assistance agreements and mineral production sharing agreements. 
 
            SEC. 7. Dormant Exploration Permits And Mineral Agreements. - Exploration 
activities and mining operations under existing exploration permits, mineral 
agreements and other similar agreements shall be undertaken immediately by the 
permittee or contractor. In case of failure to initiate or undertake any exploration 
activity or mining operation within two (2) years from the effectivity of this Act, the 
exploration permit or mineral agreement shall be declared dormant by the 
Department of Environment and Natural Resources (DENR). Dormant permits and 
agreements shall ipso facto be cancelled upon declaration of dormancy. 
 
            SEC. 8. Non-renewal of Small-scale Mining Contracts. - All small-scale mining 
contracts covering any area within the Municipality of Kibungan in the Province of 
Benguet, shall not be renewed upon the effectivity of this Act. 
 
            SEC. 9. Quarry Permits. - Issuance of a quarry permit in the mining-free zone 
shall be under the direct supervision of the DENR. Existing quarry permits issued by 
the provincial government at the time of the approval of this Act shall likewise be 
recognized. Thereafter, quarry permits issued by the provincial governor shall be 
reviewed and monitored by the DENR.  
 
            The maximum area which a qualified person may hold for quarrying purposes 
at any time within the territorial jurisdiction of the province shall be five (5) hectares. 
The DENR shall impose strict regulations in ensuring that no more than one (1) quarry 


 
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permit is granted to the same person, corporation or its affiliates or subsidiary, or any 
entity that has essentially the same legal personality as the applicant or holder of an 
existing quarry permit in the province.  
 
            A quarry permit shall immediately be canceled by the provincial governor for 
areas up to five (5) hectares, or the DEN for areas above five (5) hectares, when, in the 
guise of quarrying activities, the holder of a quarry permit engages in activities that 
are properly authorized by exploration permits, mineral agreements or mining 
contracts, upon investigation conducted by the DENR for the purpose. 
 
            SEC. 10. Penal Provisions. - Any person, natural or juridical, or any public 
officer, who violates the provisions of this Act shall suffer the penalty imprisonment 
of not less than six (6) years but not more than twelve (12) years, and a fine of not less 
than One million pesos (P1,000,000.00), but not more than Ten million pesos 
(P10,000,000.00).  
 
            In addition, a public officer who violates this Act, shall also be dismissed from 
service and perpetually disqualified from holding public office.  
 
            If the offender is a juridical entity, the highest ranking official and the members 
of its board of directors or board of trustees who authorized the violations therein 
shall suffer the penalty imposed under this Act.  
 
             SEC. 11. Implementing Rules and Regulations. - Within three (3) months from 
the passage of this Act, the DEN shall promulgate the necessary rules and regulations 
for its effective implementation. 
 
            SEC. 12. Separability Clause. - If any portion or provision of this Act is 
declared unconstitutional, the remainder of this Act or any provision not affected 
thereby shall remain in full force and effect. 
 
            SEC. 13. Repealing Clause. - All laws, decrees, executive orders and rules and 
regulations contrary to or inconsistent with the provisions of this Act are hereby 
amended or modified accordingly. 
 
            SEC. 14. This Act shall take effect fifteen (15) days after its publication in the 
Official Gazette or in a newspaper of general circulation. 
 
Approved,