HOUSE 9F REPRESENTATIVES

RECENED
2 AUG 2016
Republic of the Philippines 4
HOUSE OF REPRESENTATIVES, we_9.20dm
QUEZON CITY, METRO MANILA RY:
Seventeenth Congress
First Regular Session REBISTRATION UNIT
HOUSE BILL NO, 8166 BILLS AND INOE X SERVICE

Introduced by Honorable Alberto T. Ungab

EXPLANATORY NOTE
This bill secks to declare the City of Davao as a mining-free zone.

The records of the National Mapping and Resources Information Authority (NAMRIA) show
that our present forest cover is about 7.2 million hectares only out of the country’s total land area of
about 30 million hectares. According to the NAMRIA, the ideal forestland should be at least 12
million hectares or about 48% of the total land area. The same records show that from 2000 to 2005,
the annual forest losses reached up to 157,000 hectares, or a 2.1% reduction in forestlands, making the
Philippines as one of the top ten deforested countries in the world.

Among the known major causes of deforestation are logging, kaingin, and mining operations.
The rapid deforestation has been going on notwithstanding the prevailing laws and directives of
national and local government agencies. Hence, measures should be further adopted to abate or
eradicate the major causes of deforestation which ultimately leads to flooding, landslides and
destruction.

‘The City of Davao is one of the areas in our country that should be protected from further
deforestation, If opened to mining operations, deforestation and the risks attributed to mining will
unnecessarily endanger a world class city like Davao City, since it is traversed by Davao River from
the highlands to the lowlands. Davao River is the biggest river in the city with more than fifty(50)
tributaries. All its tributaries from the highlands of Marilog and Paquibato flow towards Davao River
which ultimately ends up to the urban areas of the city before it reaches the sea waters Davao Gulf,

Moreover, the fresh waters of Davao City is considered one of the best waters in the world,
and must therefore be protected from any form of pollution or degradation to include the surroundings
and environs of its sources underneath the ground or above the ground.

‘Thus, to prevent the occurrence of unwanted and unnecessary destruction to the City of Davao,
mining operations in the City of Davao should be prohibited. Hence, this bill declaring the City of
Davao as a mining-free zone.

In view of the foregoing, approval of this bill is highly recommended.

HON. ALBERGQ T. UNGABy


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
QUEZON CITY, METRO MANILA

Introduced by Honorable Alberto T. Ungab

AN ACT
DECLARING THE CITY OF DAVAO AS A MINING-FREE ZONE

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

SECTION 1, 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. ‘Towards this end, the State shall protect the people and the environment of the City of Davao
against the adverse effects of mining,

SEC. 2. Declaring City of Davao as a Mining Free Zone. The City of Davao is hereby
declared as a mining-free zone and all mining operations in the area are hereby prohibited,

For purposes of this Act, “mining” refers to the extraction of minerals or ores which shall
include exploration, feasibility study, development, utilization and processing: Provided, That the

quarrying of gravel and sand for projects directly undertaken by the agencies of the national or city

servi

government for bas such as, but not limited to, roads and bridges, school buildings, water
and energy utilities, are exempted from the coverage of this Act.

SEC. 3. Penal Provisions. — Any person who violates any of the provisions of this Act shall,
upon conviction, be punished by 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 hundred thousand (P100,000.00) pesos but

not more than five hundred thousand (P500,000.00) pesos, or both, at the discretion of the court.

If the offense is committed by a corporation, partnership, association or any other juridical

entity, the penalty shall be imposed on the president, managing director, partner or chief operating
officer. The license to operate of the erring corporation, partnership, association or any other juridical
entity shall be cancelled and revoked permanently. The operator or owner thereof shall not be allowed
to operate similar establishments in a different name or in a different location.

If the offender is a foreigner, he shall, after service of sentence or payment of fine, be subject

to deportation and permanently barred from entering the country.


SEC. 4, Transitory Provision. ~ Any contractor who has an existing exploration permit before
the effectivity of this Act shall be given a period of two (2) years to unwind the mining operation.

Upon the termination of the exploration permit, the right granted to the contractor to occupy
and use the public land shall revert to the Philippine Government.

SEC. 5. Implementing Rules and Regulations, ~ Within ninety (90) days after the effectivity
of this Act, the Sangguniang Panglungsod of Davao City, with the concurrence of the City Mayor,
shall promulgate the necessary rules and regulations for the proper implementation of this Act.

SEC. 6. 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.
SEC. 7. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in any two (2) national newspapers of general circulation.

Approved,