REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No. 8467

Introduced by MAGDALO Party-List Representative
HON. GARY C, ALEJANO

EXPLANATORY NOTE

In 1995, Congress enacted Republic Act No. 7942 otherwise known as the Philippine Mining
Act of 1995 which governs the exploration, development, utilization, and processing of all
mineral resources in the country. This Act opened all mineral resources in public and private
lands, including timber or forest lands, to mineral agreements or financial or technical
assistance agreement applications.

However, in implementing the provisions of the said law, the State should take cognizance of
its Constitutional responsibility to protect, promote, and advance people’s right to health, and
to balanced and healthful ecology. The State should take in consideration the promotion of
the health and safety as well as the comfort and convenience of the public with regard to
mineral exploration and utilization.

Quarrying sites contain an excavation that may present danger to the public by falling into
these open excavations. Most, if not all, quarrying sites lack signs and warnings as well as
fences which afford easy access to the public. Some abandoned quarries, on the other hand,
pose danger to children who go to these abandoned sites to swim or play. In quarries, the
depth comes suddenly and too drastically compared to ponds or rivers where one can sense
the change in depth.

This bill seeks to protect the welfare of the public by mandating quarrying contractors to
securely fence their sites.

In view of the foregoing, immediate approval of this measure is earnestly sought.

Se Al
Representative
Magdalo Para sa Pilipino Party-List


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session
8467

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
MANDATING LICENSED QUARRYING CONTRACTORS TO ERECT FENCES
AROUND QUARRYING SITESAND FOR OTHER PURPOSES

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

SEC. 1. Declaration of Policy. — It shall be the policy of the State to responsibly
promote exploration, development, utilization, and conservation of all its mineral resources
The State also recognizes the need to protect its people from the possible damages or injuries
that may be brought about by the utilization of our mineral resources.

SEC.2. Erecting of Fences and Other Safety Measures. — Any licensed sand or

granite quarry contractor shall:

a) In the case of a sand quarry in which any open pit exists, erect and thereafter
maintain such fencing and take such other precautions as may be necessary in the
opinion of the Department of Environment and Natural Resources to prevent the
occurrence of any danger or damage to life or property; and,

Oia are

Provide such number of guards, watchmen, warning lamps and red flags at
such places and times as the DENR thinks fit;

ii, Do not permit any deposit, material, machinery or any other object or thing
to be scattered, dumped, placed or stationed at any place so as to hinder or
obstruct access to and egress from the land adjoining or abutting any such
quarry; and

iii. Maintain the roads leading to any such quarry and crusher plant up to a
standard approved by the DENR.

The DENR may give a licensed contractor such directions as he thinks fit as to the
method of quarrying and the suspension or prohibition of granite quarrying operations
including blasting to ensure safety to persons or property.

SEC.3. Fencing of Disused Sand and Granite Quarries. — Where any disused sand
or granite quarry is dangerous to the public, it shall be kept reasonably fenced for the
prevention of accidents, and if it is not so kept, the licensed contractor of the sand or granite
quarry of if there is no such licensed contractor, the owner of the land in which the sand or
granite quarry lies, shall be guilty of violating this Act.


SEC. 4. Penalties. — Any licensed contractor who willfully violates the provisions of
this Act shall be held liable on conviction to a fine not less than One million pesos (Php
1,000,000.00) and in the case of continuing offense to a fine not less than Fifty thousand
pesos (Php 50,000.00) for every day or part thereof during which the offense continues after
conviction.

SECS. Implementing Rules and Regulations. ~ The DENR together with the
Department of Interior and Local Government as well as the various Local Government Units
(LGUs) shall promulgate the rules and regulations for the effective enforcement of the
provisions of this Act

SEC. Separability Clause. — Should any provision of this Act or any part thereof be
declared invalid, the other provisions, so far as they are separable from the invalid ones, shall
remain in full force and effect,

SEC.7. Repealing Clause. — All laws, orders, issuances, rules, and regulations or
parts thereof, inconsistent with this Act are hereby repealed or modified accordingly

SECS. Effectivity. - This Act shall take effect after fifteen (15) days from its
publication in the Official Gazette or in two (2) newspaper of general circulation.

Approved,