FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. B.' No. 1 Ii 7 
<O"):~f;: 
) 
) 
l iJ 
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 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 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 mil)ing 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 
independent health assessment as additional environmental and health 
safeguard. 
For these reasons, approval of this Bill is urgently sought. 
~I-I'~' rJJ 
SENA~bRvP~ S. CAYETANO 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S, B, 'No, 14 '7 
) 
) 
) 
Introduced by SENATOR PIA S. CAYETANO 
AN ACT 
,in 
'Ul' 
. -
,11,._ 
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. 
Approval,