Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FIFTEENTH CONGRESS.
First Regular Session

HOUSE BILL No. __ 4726 __

Introduced by Reps. TEDDY A. CASINO and NERI JAVIER COLMENARES

EXPLANATORY NOTE

this bill seeks to close areas dectared by local gevemmment units (LGUs) as No Mhouny Zones from
sma? appheadons and operaaons, amending for the purpose the Philippine Mining Act of 1995

\\ hile ununing 1s recognized as one of the main comtaburors to the country’s ross domesne product,
shore m 4 prowmg resistance to kage scule mining in the areas where these operate, Coinmuntties
from dutferent provinees such ax Capte, Marinduque, Palawan, Romblon, Negros Occidental,
{rem Samer, and South Cotabato hay passed provincial ordinances declatiag a ban un muniing.
vperifivas and/or a moratorium on applications.

Ube commusnities in host province

ate the ones directh affected by mining operations and therefore

have the nghe ty be heard. “Thus, the aarional goverament should respece and recognize local

sovcrnmucor otditances banning wining operations in dhetr respective terruories, This is in keeping
the count’ laws and in recognmon of the LGUs’ role tw protect and presen e the

em ronment and che people's welfare.

“Thete a aged 10 respect the prerogative of local governtnent units to declire areas under thear
lunshictun as no inming zones. In a case deaded by the Supreme Court (Panos. Socrates GR. No.
<21249, August 21, 1997) where che Supreme Coun sustained the local oxdmance passed bs Puerto
Panic sa Cary which banned the export of ive fish rom Puerto Pancesa to curtail the practice of
cyanide fishing, the High Tribunal held thar, "The Local Goverment Code provisuns invoked by
Pavate respondents (Puerto Princesa City) merely seek to give flesh and blood t the right of the
peuphe ru a balanced and healthful ecology. In tacr, the General Welfare Clause expressly mentions
thas right

SEC UG Gencrai Wejare, Vvery local gosemment unit shall exercise dhe power expeessty yranted,
fwwe aecessarily implied theretrom, as well as powers necessary, appropriate. ut incidental for its
allies

and eiiective governance. ang chose whicly are essential to: the promoruon wt the general
Weltare. Within theie respective teentonat jurisdicnomns. local povernment units stall ensure and
support, among other things, the prescrvanon and enrichment of culeure, promote health and sates,
smbance die ryght of the people 1 balanced eeolog. encourage and support the devclupmnent of



appropriate aud selfretiont scientitie and cechnological capabsl
economne prosperity and socal jus
post

umpecnve pubbe aves, ene
. promote full emplormenr among hese eeslents, esas
sind onder, and preserve the comtort and coms entience of theic inhabitants.”

Ji. supporting them through a law that will uphold their power to regulate mining, LGUs will
become mute empowered and responsible to their constituents. By recognizing thei
protection and presetvation of the environment and the count
and the farure gencrarior

role in the
y's natural resources fire the present
he people will participare more in the decision making prucesses of the

san.

Beuig an estracrive industry, auning poses prear rhreats ty our trgile environment. Local
government units must be given the right ro chaet che desuny of their environment, Thus bull seeks
te de that by meluding among the areas closed for mining applicauons areas dectared by local
gevernmear ums as no-mining zones

The bill thewne prohibits mining in prime aymeulrural lands as well as areas contamay cultural
Properties.

In view uf the forepoing, immediate passage of thus hill is earnestly sought.

sun eo
—)— SENSO OD
pod Cabo [0g ERS
DDY A. CASINO: ANERI JAVIER COLMENARES 7
Bayan Muna Patty-list Bayan Muna Party list



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No. _4 726 _

introduced by Reps. TEDDY A. CASINO and NERI JAVLER COLMENARES

AN ACT
INCLUDING AMONG TFIE AREAS CLOSED ‘TO MINING APPLICATIONS
THOSE 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 conned by the Semate and the House of Representatives of the Phelippines in Congress asim:

Section 1. Declanstion of Policy. \Wss berebs a declared policy of the State to etasure that the
Power of local government units, consistent wath its mandate under the genetal weltare chiuse of the
Leal Gov emment Code, to enact ordinances to enhance the ght of the people tet balanced

is upheld at all times,

Pursuanr to this, the right of local governmenr units (© exermpr areas under their junshetion trom
runing applications is likewise sustained.

Section 2. Secuon 19, Chapter TIL of Republic Act No. 7942 otherwise known as the Phikippune,
Moning Aer of 1995 is hereby amended to read as follows:

“SEC. 19. Areas Closed to Mining Applications. — Mincral agreements,

ancluding financial and technical assistance agreements shall not he alowed ia:

ai mibtary and other government reservations, except upon prior watten clearance
by the government agency concerned;

b: Near of under public or privare busldings, cemeteries, archeological and historic
vs, budues, highways, waterways, railroads, reservoirs, dams or other
anfrasiructure projects, public or private works including plantations or valuable
etops, expect upon written conseat of the yovernment agency and the private
eatin, concerned:

In aseas covered by valad and exasung mining rights;


ai In areas expressly prohibited by law:

£0 TN VREAS DECLARED BY LOCAL GOVIERN MENT UNITS AS \O-
MINING ZONE

VEN PRIME AGRICULTURAL 1 ANDS, IRRIGABILLE AND RRIGATED
FANDS AS DEFINED BY REPUBLIC ACT 97),

GEN AREAS WHEREIN THERE ARF. CULTURAL PROPERLY AS
ENUMERATT:D UNDER REPUBLIC ACT i066;

fb. Tw areas covered hy souull scale miners as defined by law unless with priog consent of the
small-scale miners, in which case a royaley payment upen the utilization of mmerals shall be
agreed upon by the parties, said rovalty formung a trust (und for the socioeconomic
development of the communin coucemed:

and

is Old growth or virgin forests proclaimed warershed forest reserves, wilderness
streas, mangrove Forests, mossy forests, nacional parks, provuscial Municipal
forests, parks, greenbelts. game refuge and bird sanctuaries as defined by Law in
teas expressly prohibited under the Nagunal Tategrated Protected -Arcas Spstem
NIPAS} under Republic Vet No. 6. Deparuncnr \dirunistraciy e Ordet No.
nes of 1992 and other laws.”

Section 3. Separabitity Clause. If any provision of this Act is held mvalid or uncunscitunonal, die
resnamder oF Ove \ct oF the provision aor othensise affected shall remain Valid and subsisting

Section 4. Repesling Clause. Any law, presidential decree or issuance, executive order, letter of
anstrucaun, administrae rule or regulation conteary to or inconsistent with the provisions of this
Acris hereby repealed, modified or amended accordingly

Section 5. EMicuivity Clause. Yhis Act shall take effect fifteen (15) days after its publicarion in at
feast nvo -2) newspapers of general circulauon.