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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS

First Regular Session

HOUSE BILL No, D086

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, its ill effects 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. 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. Mati City, the
capital of Davao Oriental, has set aside a portion of its forested area as a sanctuary
for the Philippine Eagle. 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. Davao Oriental is also home to several
indigenous communities, living alongside the farmers running the rice granaries
in the province. All these communities, and the stability of the ecology, stand to be
obliterated should mining be permited in the province. 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. .



But the most alarming and pressing issue is the findings by the Philippine
Institute on 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.

If mining were allowed in the province, it 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 prevent its further
destruction are put in place.

Support for this bill is earnestly sought.

24 District, Davao Oriental


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS

First Regular Session

HOUSE BILL No. 9086

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."

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2 SECTION. 2. Statement of Policy. - It is the policy of the state to protect
3 and advance the right of the people to a balanced and healthful ecology in accord
4 — with the rhythm and harmony of nature.
5 It is likewise the responsibility of the State to promote the rational
6 exploration, development, utilization and conservation of the country’s mineral
7 resources in a way that effectively safeguards the environment and protects the
8 rights of affected communit
9 Towards this end, the state shall protect the people and the environment
10 inthe Province of Davao Oriental from the adverse effects of mining.
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SECTION. 3. Declaration of Davao Oriental a Mining- Free and
Quarrying ~ Free Zone. - The Province of Davao Oriental is hereby declared a

mining: free zone, and all mining operations therein are hereby prohibited.

SECTION. 4. Scope. - For purposes 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-scale 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 conviction, be punished with imprisonment of
not less than six (6) years and one (1) day, but not more than twelve (12) years,
ora 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.

SECTION. 6. Transitory Provision. - Any person or juridical entity granted

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

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prior 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. 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. 8, 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, 9, 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.

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