Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL No. 5619

Introduced by Honorable Mark O. Go

EXPLANATORY NOTE

The city of Baguio is renowned all over the country, and recognized overseas for its
culture and heritage that is strongly connected with its nature and environment. Over the years
Baguio has grown to become an economic and technological hub in the North, and as
urbanization and development progressively taken their toll on the environment, sustainability,
rehabilitation, and preservation have become urgent concems. Among the threats to the
sustainability of the city and the preservation of its environment are the mining activities within
the city.

‘There are at present two mineral reservations in the city of Baguio. By virtue of
Proclamation 414 issued in 1957 by President Carlos Garcia, 380 hectares of land in barangays
Laokan Apugan, Atok Trail and Kias were excluded for the Baguio Townsite Reservation and
declared a mineral reservation. In 1959, President Garcia issued Proclamation 572, which
likewise excluded 159 hectares of land, covering barangays Mines View and Lucban, from the
Baguio Townsite Resevation, and declared such areas mineral reservation. However, since the
effectivity of these declarations, small-scale mining and other activities have become prevalent in
these and other areas. These areas have also become so heavily populated with inhabitants that
they no longer serve their purpose as mining zones. In addition, the reported presence of
sinkholes makes the reservations geohazard areas. If mining activities are continued in this city,
the lives of the people and the local ecosystem of our city will continue to be in danger. Given
this set of conditions, it is no longer beneficial for the city to allow mining activities The
irreparable damage that mining extorts upon the environment is too much a price for the potential
benefits that mining promises to the host community.

Our very Constitution mandates the protection and advancement of the right to a balance
and healthful ecology. This proposed measure is a step towards fulfilling this constitutional
mandate for the people of Baguio.

In view of the forgoing, the immediate consideration and approval of this measure is
eamestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL NO.__5619

Introduced by Honorable Mark O. Go

AN ACT
DECLARING THE CITY OF BAGUIO AS A MINING-FREE ZONE
AND PROVIDING PENALTIES THEREFOR

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

SECTION 1. Mining-Free Zone. ~ The City of Baguio is hereby declared a mining-
free zone. All forms of mining operations and activities, whether large-scale or small-scale,
within its jurisdiction are hereby prohibited, The application of provisions of Republic Act
No. 7942 otherwise known as the “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. 2. Coverage. — This Act covers all mining operations and activities, including
quarrying, within the territorial jurisdiction of the City of Baguio.

For purposes of this Act, mining refer to the extraction of valuable minerals or other
geological materials from the earth and shall include mining activities such as exploration,
feasibility, development, utlization, and processing as well as quarry operations involving
cement raw materials, marble, granite, sand and gravel construction aggregates, and other
quarry resources.

SEC. 3. Cancellation of Exploration Permits and Licenses, and Small-scale Mining
Contracts. — All exploration permits and licenses issued in accordance with Republic Act No
7942 and small-scale mining contracts, as provided under Republic Act No. 7076, are hereby
cancelled and revoked. Existing small-scale mining shall have one (1) year, upon the
effectivity of this Act, to close its operations and undertake the necessary rehabilitation,
regeneration and reforestation of affected areas.

SEC. 4. Penal Provisions. ~ Any person, natural or juridical, or any public officer,
who violates the provisions of this Act shall suffer the penalty of imprisonment of not less
than one (1) year but not more than six (6) years and a fine of not less than five hundred
thousand pesos (P500,000.00) but not more than five million pesos (P5,000,000.00).


Any public officer who violates the provisions of 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 members of its
Board of Directors or Trustees who authorized the act of violation shall suffer the penalties
imposed under the first paragraph of this section.

SEC.5. Implementing Rules and Regulations. — The Department of Environment
and Natural Resources, and the Mines and Geoscience Bureau in consultation with the City
Government of Baguio shall promulgate the necessary implementing rules and regulations
within ninety (90) days from the effectivity of this Act.

SEC. 6. Separability Clause. - Should any provision of this Act be declared
unconstitutional, the remainder thereof not otherwise affected shall remain in full force and
effect.

SEC.7. Repeating Clause. - All laws, presidential decrees, executive orders,
proclamations or administrative regulations that are inconsistent with the provisions of this
Act are hereby repealed, amended, or modified accordingly

Proclamation No. 414, s.1957 and Proclamation No. 572, s.1959 identifying and
declaring the barangays of Gibraltar, Minesview, Pucsuan, Lucnab, Happy Hollow, Loakan
Apugan, Atok Trail and Kias, in the City of Baguio, as mineral lands and open to disposition
are hereby repealed.

SEC. 8. Effectivity. — This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation

Approved,