Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS

First Regular Session

HOUSE BILL no, 1124

Introduced by Representative JOEL MAYO Z. ALMARIO

The impact of mining is strong and far-reaching. While it is necessary for
the enhancement of our daily lives and continued modernization, the ill effects of
mining are deeper and more alarming. The protective measures and the
environmental and enhancement programs employed by mining companies in
their operations cannot reverse the long lasting and pervasive damage it causes.
We can feign a belief that the resources excavated are renewable, but the truth is,
mining causes permanent and irreversible destruction. As such, this bill seeks to
protect the province of Davao Oriental from the dangers of mining.

The province is home of abundant natural wealth - to name a few, there is
Aliwagwag Falls in Cateel, Curtain Falls and hot springs in Baganga, Diomaboc
Lake in Manay, and the Cawacawa Falls in San Isidro. There are also guarded
riches like the Pujada Bay protected by Proclamation No. 431 since 1994, and the
world-famous UNESCO heritage site, Mount Hamiguitan where the all-natural
Bonsai Forest is located. Spread all over the province are numerous eco-tourism
destinations and beach resorts that rely on the beauty of nature. Likewise, there
are animal species inhabiting the nearby seacoasts, including the threatened
dugongs and dolphins, which are dependent on the purity of the surrounding
waters. Mati City, the capital of Davao Oriental, has also set aside a portion of its
forested area as a sanctuary for the Philippine Eagle. These natural wonders are
at risk of permanent destruction if mining operations are not ceased. Together
with its ruin would be the death of numerous flora and fauna, as well as the
cessation of tourism on which quite a number of Davaoenos are dependent.

The province is also home to several indigenous communities living
alongside the farmers running the rice granaries in the province. All these
communities stand to be obliterated should mining continue to be permitted in
the province.


But the most alarming and pressing issue is the findings by the Philippine
Institute of Volcanology and Seismology - Department of Science and Technology
(PHIVOLCS - DOST) together with members of the Department of Geophysics,
Kyoto University and Department of Geography, Hiroshima University, that Davao
Oriental sits on a 320- kilometer fault line that stretches from Surigao Province
until Compostela Valley. These recently discovered cracks, more commonly
known as the Surigao-Mati fault line, make up a big portion of the Philippine Fault
Zone. Sitting on a large swath of land in the coastal areas of Mati City, the
PHIVOLCS has predicted that should an earthquake happen in close proximity to
the province, a tsunami would strike the coast hard, endangering all the coastal
towns and its hundreds of residents. PHIVOLCS noted that they are certain that a
7 to 8.3-magnitude earthquake would inevitably happen soon.

Continued mining in the province will aggravate the danger posed by the
fault line, threatening the lives of thousands of citizens in the province. The
prohibition of mining operations now becomes extremely necessary, and time is
of the essence as merely a few years after the finding of PHIVOLCS, neighboring
provinces including Surigao and Davao del Sur, have already started experiencing
strong earthquakes. There are thousands lives that are put on the line so long as.
the environmentis not cared for, and no mitigating activities to preventits further
destruction are put in place.

A similar version of this bill was approved by the House on third and final
reading during the 17% Congress.

Support for this bill is once again earnestly sought.



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
EIGHTEENTH CONGRESS

First Regular Session

HOUSE BILLNo, 2124

Introduced by Representative JOEL MAYO Z. ALMARIO

AN ACT DECLARING DAVAO ORIENTAL A MINING- FREE ZONE

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 "DAVAO
ORIENTAL MINING-FREE ZONE ACT.”

SECTION 2. Statement of Policy. - It 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.

It is 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.

Towards this end, the state shall protect the people and the environment

in the Province of Davao Oriental from the adverse effects of mining.

SECTION 3. Mining - Free Zone. - The Province of Davao Oriental is
hereby declared a mining- free zone. All forms of mining operations and activity,

whether large-scale or small-scale within its jurisdiction are hereby prohibited.

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The provisions of Republic Act No. 7942, otherwise known as the “Philippine
Mining Act of 1995"; Republic Act No. 7076. otherwise known as the “People’s
Small-scale Mining Act of 1991” and other law, rules and regulations on mining
inconsistent with this Act shall have no application within the territorial
jurisdiction of this locality.

SECTION 4. Coverage. - This Act covers all mining operations and
activities, including quarrying, within the territorial jurisdiction of the Province of
Davao Oriental.

As used in this Act, “mining” shall refer to the extraction of valuable
minerals or other geological materials from the earth and shall include mining
activities such as exploration, conduct of feasibility studies and surveys,
development, utilization and processing as well as quarry operations involving
cement raw materials, marble, granite, sand and gravel construction aggregates,
whether large-scale or small-scale operation, and other similar activities related

to the excavating and quarrying of minerals and ores.

SECTION 5. Recognition of Existing Mining Contracts, Agreements and
Permits. - All valid existing mining contracts, exploration permits, licenses,
technical and financial agreements and mineral production sharing agreements in
accordance with Republic Act No. 7942, otherwise known as the “Philippine
Mining Act of 1995”, covering any area of the Province at the date of effectivity of
this Act, shall be recognized by the government and shall remain valid until the
expiration or termination thereof. Thereafter, no further extension or renewal of
the contract, permit, license or agreement shall be granted. Moreover, the
government shall not issue new exploration permits nor enter into new mineral
agreements or similar other agreements covering lands within the jurisdiction of

the Province.

SECTION 6. Prohibition Against Exploration Activities in Areas Covered
by Mineral Agreements. - At the date of the effectivity of this Act, no exploration
permit to conduct further exploration activities or application for extension therof


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shall be granted even during the lifetime of existing mining contracts, technical
and financial assistance agreements and mineral production sharing agreements.

SECTION 7. Dormant Exploration, Permits and Mineral Agreements. -
Exploration activities and mining operations under existing exploration permits,
mineral agreements, and other similar agreements shall be undertaken
immediately by the permittee or contractor. In case of failure to initiate or
undertake any exploration activity or mining operation within two (2) years from
the effectivity of this Act, the exploration permit or mineral agreement shall be
declared dormant by the Department of Environment and National Resources
(DENR).

Dormant permits and agreements shall ipso facto be cancelled upon

declaration of dormancy.

SECTION 8. Cancellation of Small-scale Mining Contracts - All small-
scale mining contracts as enunciated by Republic Act No. 7076, or the “People’s
Small-scale Mining Act of 1991” are hereby cancelled upon the effectivity of this
Act. Affected small0scale mining contractors have one (1) year from the time this
Act takes effect to undertake rehabilitation, regeneration and ny person found
violating any of the provisions of this Act shall, upon conviction, be punished with
imprisonment of not 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 (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 service of sentence or payment of

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


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SECTION 9. Quarry Permits. - Issuance of a quarry permit in the mining-
free zone shall be under the direct supervision of the DENR. Existing quarry
permits issued by the provincial government at the time of the adoption of this Act
shall likewise be recognized. Thereafter, quarry permits issued by the provincial
government shall be reviewed and monitored by the DENR.

The maximum area which a qualified person may hold at any one time
within the territorial jurisdiction of the province shall be five (5) hectares. The
DENR shall impose strict regulations to ensure that no more than one quarry
permit is granted to the same person, corporation, its affiliates, subsidiary or any
entity that has essentially the same legal personality as the applicant or holder of
an existing quarry permit in the province.

A quarry permit shall immediately be canceled by the provincial
government for areas up to five (5) hectares, or the DENR for areas above five (5)
hectares, when in the guise of quarrying activities, the holder of a quarry permit
engages in activities that are properly authorized by exploration permits, mineral
agreements or mining contracts, upon investigation by the DENR for the purpose.

SECTION 10. 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 six (6) years but not more than twelve (12) years,
and a fine of not less One million pesos (P1,000,000.00), but not more than Ten
million pesos (P10,000,000.00).

In addition, a public officer who violates this Act, shall also be dismissed
from service and perpetually disqualified from holding public office.

Ifthe offender is a juridical entity, the highest ranking official and members
of its board of directors or trustees who authorized the violation therein shall

suffer the penalty imposed under this Act.

SECTION 11. Implementing Rules and Regulations. ~ Within three (3)
months from the passage of this Act, the DENR shall promulgate the necessary

rules and regulations for its effective implementation.


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SECTION 12. 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 13. Repealing Clause. - All laws, decrees, executive orders and
rules and regulations contrary to or inconsistent with the provisions of this Act

are hereby amended or modified accordingly.

SECTION 14. Effectivity. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation.

Approved.