Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

HOUSE BILL NO. _5 391

Introduced by Honorable Roger G. Mercado

EXPLANATORY NOT

It is not difficult to argue that mining is destructive to the environment. While
some will insist that some important raw materials for human use need to be mined, it
is far more harmful to allow mining than to be deprived of what can be produced out
of it. Aside from the inherent harmful effects of mining operations that can be seen
from the naked eyes, there are unseen and unpredictable consequences of mining, One
of which is the unseen caving of mined areas that could cause disasters such as

sinkholes and landslides of immediate vicinities.

With these long list of reasgns, we therefore, earnestly appeal for the passage of
this bill

Vise

ROGER GAVIOLA MERCADO


Republic of the Philippines

HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

1
HOUSE BILL NO. 5301

Introduced by Honorable Roger G. Mercado

AN ACT
THE PROVINCE OF SOUTHERN LEYTE A
MINING — FREE ZONE

DECLARI

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 “ SOUTHERN
LEYTE PROVINCE MINING-FREE ZONE ACT.”

SECTION 2. Statement of Policy. t 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

Itis likewise the responsibility of the State to promote the rational exploration,
development, utilization and conservation of the country’s mineral resources in a way
that effectively safeguards the environment and protects the rights of affected
communities.

Toward this end, the state shall protect the people and the environment in the

province of Southem Leyte from the adverse effects of mining.


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SECTION 3. Declaration of Southern Leyte a Mining-Free and Quarrying-
Free Zone.- The Province of Southem Leyte is hereby declared a mining-free zone,
and all mining operations therein are hereby prohibited.

SECTION 4. Scope. For purpose of this Act, “mining” refers to the
extraction of minerals, ores or other geological materials from the earth. It shall
include mining activities such as exploration, feasibility studies, development,
utilization and processing as well as quarry operations involving cement raw

materials, marble, granite, sand and gravel construction aggregates, whether large-

sclae or small-scale operation, and other similar activities related to the excavating
and quarrying of minerals and ores. Provided, That the quarrying of gravel and sand
for projects directly undertaken by the agencies of the national or city government for
basic services such as, but not limited to, roads and bridges, school buildings, water

and energy utilities, are exempted from the coverage of this Act.

SECTION 5. Penal Provisions. — Any person found violating any of the
provisions of this Act shall, upon convi
less than six (6) years and one (1) day, but not more than twelve (12) years, or a fine
of not less than one million (Php 1,000,000.00) pesos, but not more than five million

n, be punished with imprisonment of not

(Php 5,000,000.00) pesos, or both, at the discretion of the court of proper jurisdiction,

If the offender is a corporation, partnership, association or any other juridical
entity, the penalty shall be served upon the president, managing director or chief
operating officer of the offending entity. Provided, The license to operate of the
erring organization shall be cancelled and revoked permanently. Provided, further,
‘That the offending corporation or individual shall not be allowed to operate similar

establishments under a different name or in a different location.

If the offender is an alien, he shall, after services of sentence or payment of

fine, be subject to deportation, and be permanently barred from entering the country.

SECTION 6, Transitory Provision. — Any person or juridical emtty granted

with an exploration permit, contract, or mineral agreement with the government prior


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to the effectivity of this Act shall be given a period of one (1) year to cease all mining

‘operations and businesses.

Upon the termination of any exploration permit contract, or mineral
agreement, the right granted to the contractor to occupy and use the public land shall

revert to the Philippine Government.

SECTION 7. Implementing Rules and Regulations. — Within ninety (90)
days after the effectivity of this Act, the Department of Environment and Natural
Resources shall promulgate the necessary rules and regulations for the proper

implementation of this Act

SECTION 8. Repealing Clause, ~ All laws, decrees, executive orders and
rules and regulations contrary to or inconsistent with the provisions of this Act are
hereby amended accordingly.

SECTION 9. 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.
SECTION 10. Effectivity. — This Act shall take effect fifteen(15) days after

its publication in the official Gazette or in any two (2) newspapers of general

circulation,

Approved,