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THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 5 ]MY 19 P231 
First Regular Session 
) 
G
I
 
U'*' ___l__gl 
S E N A T E  
, 
2021 
Senate Bill No. - 
Introduced by: SENATOR COMPANERA PIA S. CAYETANO 
EXPLANATORY NOTE 
Every human being has the right to a healthy environment and it is the 
responsibility of government to ensure that its people enjoy this right. This 
principle was made part of the basic state policy clearly expressed in the 1987 
Constitution: that the state shall protect and prornofe the right to health of 
the people and that the state shall protect and advance the right of the 
people to a balanced and healfhful ecology. 
As such, these constitutional provisions should be a guide in view of the 
government's recent thrust towards a more aggressive mining policy and in light 
of the latest Supreme Court decision allowing foreign-owned corporations to 
manage and control mining operations under the Technical or Financial 
Assistance Agreement (FTAA). The purpose of this bill is to temper this 
economic strategy by putting in place possible safeguards to protect the 
environment, ecology and health of the potential mining communities. These 
safeguards were drawn from the tragic experience of the people of Marinduque 
due to the Marcopper Mining disaster, with the hope that the said tragedy will 
never be repeated and should never be experienced by potential mining 
communities. 
Based on the Final Report on the recently concluded Marinduque 
Independent Environmental and Health Study/Assessment (MEHS), there was 
no denying the negative effects of Marcopper mining to the environment. 
However, the direct fink of mining on health problems has been inconclusive. 
This uncertainty stems from the insufficiency of health studies and lack of 
baseline health data. In fact, the report indicates that the scientists cannot 
exclude exposure to mine waste as potential cause for concern to poor health 
within exposed components of the population. They recommended that a careful 
integrated health surveillance system be implemented to definitely demonstrate 
cause-effect relationship of mining effects on health .A baseline health data and 
progressive health data collection are needed to determine the effects of mining 
on the health of exposed population. 
Large-scale mining operations under FTAA exist for a very long period of 
time lasting twenty-five(2.5) years and renewable for another 25 years. It is 
therefore, imperative that assessments on health of the surrounding population 
are taken before, during and after the mining operations to make sure that there 


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are no negative effects of the mine exposure on the health of the people living in 
these mining communities. This bill seeks to include a health profile prior to 
mining operation, which will provide for a baseline health data, and an 
independent health assessment every 5 years from the start of operation to 
constitute part of the Health and Environmental Impact Assessment (EIA) 
The State’s policy to protect, promote and advance people’s right to 
health and right to balanced and healthful ecology as mandated by the 
Constitution, underscore the responsibility of the government to ensure that 
these rights are upheld and should not be compromised. In the light of the 
government‘s implementation of its national policy agenda on revitalization of 
mining the protection of these rights will be best achieved by adopting an 
independent health assessment as additional environmental and health 
safeguard. 
For these reasons, approval of this Bill is urgently sought. 
&&gh 
SENATO C 
PA 
RA PIA S. CAYETANO 


THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
S E N A T E  
Introduced by: SENATOR COMPANERA PIA S. CAYETANO 
AN ACT 
INSTITUTING 
INDEPENDENT 
HEALTH 
AND 
ENVIRONMENTAL 
ASSESSMENT FOR ALL MINING PROJECTS, AMENDING FOR THE 
PURPOSE THE PHILIPPINE MINING ACT OF 1995 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1, Section 70 of Republic Act No. 7942 otherwise known as the 
Philippine Mining Act of 1995 is hereby amended as follows: 
Sec. 70. Health and Environment Impact Assessment (HEIA) - Except 
during the exploration period of a mineral agreement or financial or technical 
assistance agreement or an exploration permit, an environment 
clearance 
certificate shall be required based on an environmental impact assessment and 
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procedures under the Philippine Environmental Impact Assessment System 
including Sections 26 and 27 of the Local Government Code of 1991 which 
require national government agencies to maintain ecological balance, and prior 
consultation with the local government units, nongovernmental and people's 
organizations and other concerned sectors of the community. Provided, That A 
COMPEHENSIVE 
HEALTH 
PROFILE 
OF 
THE 
SURROUNDING 
COMMUNITIES AND completed ecological profile of the proposed mining area 
shall constitute part of the HEALTH AND environmental impact assessment. 
Peoples organizations and nongovernmental organizations shall be allowed and 
encouraged to participate in ensuring that contractorslpermittees shall observe 
all the requirements of environmental protection. 
AN INDEPENDENT HEALTH AND ENVIRONMENTAL ASSESSMENT 
OF THE SURROUNDING COMMUNITIES OF THE MINE SITE SHALL BE 
CONDUCTED EVERY TWO (2) YEARS FROM THE START OF THE MINING 
OPERATION UNTIL TEN (IO) YEARS AFTER ITS CLOSURE, AS MAY BE 
PROVIDED IN THE IMPLEMENTING RULES AND REGULATIONS OF THIS 
ACT. AN INDEPENDENT ASSESSMENT FUND SHALL BE CREATED FOR 
THIS PURPOSE AND SHALL BE DEPOSITED AS A TRUST FUND IN A 
GOVERNMENT DEPOSITORY BANK. FAILURE TO COMPLY WITH THE 
ABOVE OBLIGATION SHALL CAUSE, AFTER DUE NOTICE AND HEARING, 
IMMEDIATE SUSPENSION OR CLOSURE OF THE MINING OPERATION OF 
THE CONTRACTORlPERMlTTEE CONCERNED. 
SEC. 2. Section 71 of Republic Act No. 7942 othewlse known as the 
Philippine Mining Act of 1995 is hereby amended as follows: 


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Sec. 71. Rehabilitation OF MINING AREA AND MEDICAL TREATMENT 
OF AFFECTED RESIDENTS. - Contractors and permittees shall technically and 
biologically rehabilitate the excavated, mined-out, tailings covered and disturbed 
areas to the condition of environmental safety AS WELL AS ENSURE MEDICAL 
TREATMENT 
OF 
AFFECTED 
RESIDENTS 
FOR 
ANY 
ILLNESS 
ATTRIBUTABLE TO THE MINING ACTIVITY, as may be provided in the 
implementing rules and regulation of this Act. A mine rehabilitation and 
MEDICAL fund shall be created based on the contractor’s approved work 
program, and shall be deposited as a trust fund in a government depository bank 
and used for physical and social rehabilitation of areas and MEDICAL 
TREATMENT OF RESIDENTS OF THE communities affected by mining 
activities and for research on the social, technical and preventive aspects of 
rehabilitation. Failure to fulfill the above obligation shall mean immediate 
suspension or closure of the mining activities of the contractor/permittee 
concerned. 
SEC. 3. This Act shall take effect upon its approval. 
Approved.