Republic of the Philippines
HOUSE OF REPRESENTATIVE:
Quezon City, Metro Manila

‘TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 1843
Introduced by Representative LEILA M. DE LIMA

AN ACT
PROHIBITING BLACK SAND MINING IN THE PHILIPPINES, PROVIDING
PENALTIES THEREFOR, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Black sand or magnetite is defined by the Mines and Geosciences Bureau
(MGB) as dark, often glossy mixture of sand materials which originate from the
weathering of dark rocks situated near shore or transported from inland through
natural drainage mostly deposited in beaches and river deltas. It is an important
mineral that keeps sand particles heavier and more compressed, thus serving as a
natural barrier of land surfaces and fresh water deposits from seawater and ensures
that seawater is at a level lower than land surface area. Black sand is popularly used
as an additive in the manufacture of concrete and steel products, magnets, paints,
ink, paper, jewelry and cosmetics. It is a very lucrative commodity in foreign markets
such as in China, Taiwan and Korea.

Studies by environmental groups in areas with black sand mining showed that
black sand mining operations contributed to the depletion of fisheries, erosion of land
and severe flooding in coastal and riverside communities.’ It is even predicted that
areas mined for magnetite or black sand could sink and be underwater within 30 to
70 years as rapid subsidence will highly expose the said areas to flooding and
seasonal typhoon.?

In Cagayan, for example, residents have expressed alarm at the effects of
black sand mining activities. In a press conference in September 2013, Ofelia
Fuentes of Samahan ng Kababaihan sa Buguey at Sta. Teresita said that due to
black sand mining in Cagayan River and coastline, houses are crumbling because
the sand underneath it are getting eroded, rice fields are shrinking and harvests are

‘ De Guzman, S.S. (8 December 2014). Black sand mining in the Philippines. The Philippine Star.
Retrieved from https:/;www. philstar. com/opinion/20 14/12/08) 1400262/black-sand-mining-philippines.
2 Quitasol, A. (2 March 2016). Mines and Geosciences Bureau. Retrieved from
https://mgb.gov.ph/2015-05-13-02-02-1 1/news-articles/225-study-predicts-black-sand-mining-could-
sink-areas-in-northe-tuzon.

1


becoming less as the fields are inundated by saltwater, and fisherfolk are reporting
reduced catch.* Moreover, the Advocates for Community Health conducted a
medical mission in 2013 in one of the areas affected by black sand mining
operations, and found a growing number of cases of skin and lung diseases
attributed to black sand mining and noted other related diseases, such as severe eye
irritation and hernia.4

Notwithstanding the alarming adverse effects of exploration and extraction of
black sand or magnetite on the environment and human life, and despite government
efforts to curb illegal activities relative thereto, black sand mining operations have
proliferated in different parts of the county. There are reports that unscrupulous
mining operators, mostly foreign nationals, are conniving with some local
government officials who allow them to operate despite vehement opposition from
residents of the affected areas.

For instance, the Department of Justice (DOJ) has recommended the filing of
criminal charges against 23 Chinese nationals in 2014 for alleged illegal extraction of
black sand along the coastline of Aparri, Cagayan,’ while 14 Chinese nationals were
also apprehended in 2012 for illegal black sand mining.®

‘As former Senator, this Representation filed Senate Resolution No. (SRN)
687 during the 18" Congress to investigate the Cagayan Offshore Magnetite Mining
project due to its reported negative environmental and social impacts to local
communities and ecosystems in the province of Cagayan.

Residents of Zambales have also been complaining about the large-scale
black sand mining allegedly by Chinese nationals. Several environmental and
militant groups have raised the alarm that earth materials from dredging and mining
in parts of the country, including Zambales, were being used in China's WPS
reclamation and military infrastructure.’ In May 2021, this Representation also filed
SRN 720 urging the Congress to investigate the reported illegal mining operations in
Candelaria, Zambales and its alleged links to the illegal construction of Chinese
infrastructure and reclamation projects in the WPS.

In November 2024, Philippine Navy Spokesperson for the WPS Rear Admiral
Roy Vincent Trinidad revealed that they received reports of ongoing black sand

3 Salamat, M. (18 September 2013). Black sand mining: eroding livelihoods, destroying communities.
Bulatiat. Retrieved from https://www. bulatlat.com/2013/09/'1 8/black-sand-mining-eroding-livelinoods-
<destroying-communities!.
“De Guzman. (2014). Black sand mining in the Philippines.
5 Lagasca, C. (26 January 2014). 23 Chinese face charges for black sand mining. The Philippine Star.
Retrieved from https:/Awww.philstar. com/nation/2014/01/26/1282989/23-chinese-face-charges-black-
sand-mining.
® National Bureau of Investigation. (24 October 2012). Firm in black sand mining raided. Retrieved
from https://nbi.gov.phipress_releases/2012/10242012/1342/.
7 Aglibot, J.R. (9 April 2021). China using PH soil to build istands in WPS; probe sought - group.
Philippine Daily Inquirer. Retrieved from https://globalnation.inquirer.net/195040/probe-sought-of-
reports-china-using-ph-soil-to-build-military-bases-in-west-philippine-sea

2


mining in areas near the WPS and expressed serious concern on its potential
environmental and security implications.®

In May 2025, President Ferdinand “Bongbong” Marcos Jr. ordered a thorough
investigation into the dredging and reclamation activities in Philippine waters after
the National Intelligence Coordinating Agency (NICA) disclosed that sand from the
country's coastal areas was being used in China's reclamation activities in the
WPS.°

Under Republic Act (RA) No. 7942, or the “Philippine Mining Act of 1995”,
mining is prohibited in areas such as offshore areas within five hundred (500) meters
from the mean low tide level and onshore areas within two hundred (200) meters
from the mean low tide along the coast. On the other hand, Batas Pambansa (BP)
Blg. 265 prohibits the extraction of gravel and sand and other activities that would
erode and diminish the natural beauty of beaches.

In 2012, then President Benigno S. Aquino II issued Executive Order No. 79
to institutionalize and implement reforms in the mining sector. This suspended the
issuance of new mineral permits and agreements, including those covering black
sand mining operations, until favorable revenue-sharing schemes and mechanisms
have taken effect.'° However, Aquino’s successor, President Rodrigo Duterte lifted
the moratorium in 2019, arguing that the mining industry could ‘usher significant
economic benefits to the country” and support government projects and programs."

Stated differently, there is no law which directly prohibits black sand mining.
Black sand mining is not illegal per se as long as the mining companies comply with
the requirements and the area intended to be mined is not within the prohibited
areas. Moreover, the penalty imposed under the existing laws is not proportionate to
the damage caused to the environment and human life.

An environmental compliance certificate (ECC) issued by the Department of
Environment and Natural Resources (DENR) for dredging projects cannot be used in
the extraction of mineral resources, more so in transporting the extracted materials
to a designated area. However, in practice, a lot of mining firms conduct black sand
mining under the cover of dredging permits. Safeguards must be put in place to
prevent this abuse.

® Kabagani, LJ. (26 November 2024). Phi military ‘seriously concemed’ about WPS black sand
mining. Tribune. Retrieved from https:/tribune.net. ph/2024/1 1/26/phi-military-seriously-concerned-
about-wps-black-sand-mining,
® Gita-Carlos, R.A. (7 May 2025) Marcos orders probe into dredging, reclamation in PH waters.
Philippine Daily Inquirer. Retrieved from https:/globanation. inquirer. net/27606 1/marcos-orders-
probe-into-dredging-reciamation-in-ph-waters.
‘© Lapniten, K. (27 April 2023). In llocos Sur where illegal sand mining ran unabated, fisherfolk pay the
price. Philippine Center for Investigative Journalism. Retrieved from https://peij.org/2023/04/27 in-
ilocos-sur-where-illegal-sand-mining-ran-unabated -fisherfolk-pay-the-price-2.
"Ibid.

3


The danger to the lives and property of residents, massive residential
displacement, flooding, landslides weakening or destroying the natural defense and
barriers of coastal communities, and loss of fishing livelihood due to exploration and
mining operations necessitate the passage of a law that completely stops black sand
mining in the Philippines and imposes stiff penalties for violation thereof.

As then Senator, this Representation filed a similar measure prohibiting black
sand mining in the country during the 17 and 18” Congresses. During the 18”
Congress, Rep. Jose “Bonito” Singson Jr. filed a bill prohibiting the exportation of
black sand and its derivatives in its raw form to other countries.

Clearly, the State should uphold environmental justice in implementing and
strengthening environmental laws and policies. It should “protect and advance the
right of the people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature.” Hence, the passage of this bill is earnestly requested.

deste

” art. II, Sec. 16, 1987 Constitution.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session
3

'
House sit no. 1843

Introduced by Representative LEILA M. DE LIMA

AN ACT
PROHIBITING BLACK SAND MINING IN THE PHILIPPINES, PROVIDING
PENALTIES THEREFOR, AND FOR OTHER PURPOSES

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

CHAPTER!
PRELIMINARY PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Anti-Black Sand
Mining Act.”

SEC. 2. Declaration of Policy. Article XII, Section 2 of the 1987 Constitution
states that “{Alll lands of the public domain, waters, minerals, coal, petroleum, and
other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife,
flora and fauna, and other natural resources are owned by the State. With the
exception of agricultural lands, all other natural resources shall not be alienated. The
exploration, development, and utilization of natural resources shall be under the full
control and supervision of the State.”

Towards this end, the State shall put an end to all activities that negatively
affect the environment. The State shall further ensure that processes and issuances
of government permits will not be abused to circumvent the laws against illegal
mining.

SEC. 3. Definition of Terms. — The following terms are hereby defined, as
follows:

a) Black sand or magnetite - the mineral resource used in the production of
steel, the generation of high-density concrete, in making ordinary ink or toner


eyousunk

1
12
13
14
15
16
7
18
19

21
22
23
24
25
26
27
28
29
30
31
32
33

35
36
37
38
39

41
42

BseaRE

for photocopy machines, for high-temperature coating for some steam boiler,
magnets, paint, paper, jewelry and cosmetics;

b)

Black sand mining - the extraction of black sand or magnetite iron ores from
riverbeds, seashores and other areas closed to mining, as well as other
activation related thereto such as exploration, feasibility, development,
utilization and processing; and

c) Dredged materials - include sand, gravel and other geological materials
collected as a result of dredging activities. For purposes of this Act, non-
biodegradable human solid waste is not considered as dredged material

SEC. 4. Disposal of Dredged Materials. — To prevent black sand mining under
the guise of dredging, all dredging permits shall require that all dredged materials
collected in sites where black sand or magnetites exist be disposed in government-
controlled dredgefills. Dredging permits shall likewise require a prior certification from
the Mining and Geosciences Bureau, Department of Environment and Natural
Resources (DENR) on whether black sand or magnetites exist in the proposed
mining sites.

For the purpose of this Section, the DENR shall promulgate rules that would
require provincial DENR offices to determine, designate, acquire, and operate
dredgefills, either permanently or as necessary. Such rules shall also provide for
rehabilitation of discontinued dredgefil sites.

SEC. 5. Prohibited Acts. — It shall be unlawful for any person, natural or
juridical, to engage in black sand or magnetite mining in the coastal areas and river
deltas of the country.

It shall also be unlawful for any person, natural or juridical, to appropriate any
and all dredged materials collected in sites where black sand or magnetites exist.
Failure to dispose of dredged materials as provided in Section 4 of this Act shall
constitute illegal mining and shall be subject to the same penalty as black sand or
magnetite mining.

SEC. 6. Penalty — Any person who violates the provisions of this Act shall be
punished with 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). Provided, that if the offender is a
public officer or employee, the penalty shall be imposed in its maximum period and
fine, and suffer perpetual absolute disqualification from holding any appointive or
elective position in government or in any agency, entity, or instrumentality thereof.

If the offender is a juridical person, the penalty shall be imposed upon the
officers or directors responsible for the violation thereof.

If the offender is an alien, after the service of sentence and payment of fine,
he or she shall be deported immediately without further proceedings.
2


SEC. 7. Implementing Rules. — Within ninety (90) days following the effectivity
of this Act, the DENR, in coordination with the Local Government Units (LGUs)
concerned, shall promulgate the necessary rules and regulations for its effective
implementation.

SEC. 8. Revocation of Existing Agreements. — Upon approval of this Act, all
contracts and agreements entered into by all existing mining operations involving
black sand or magnetite shall be deemed cancelled or terminated and all permits
allowing black sand extraction issued by the national government and local
government shall be deemed revoked. Mining operations shall rehabilitate the
excavated, mined-out, and other areas affected by mine tailings to the condition of
environmental safety in accordance with existing laws, rules and regulations.

SEC. 9 Separability Cause. — If any provision or part hereof, is held invalid or
unconstitutional, the other parts or provisions of the law which are not affected shall
remain and continue to be in full force and effect.

SEC. 10. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations and other issuances contrary to or inconsistent with the provisions of this
Act are hereby repealed, amended or modified accordingly

SEC. 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation.

Approved,