Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills
Quezon City

EIGHTEENTHCONGRESS
First Regular Session

6082
House Bill No.

Introduced by: Rep. Josephine Y. Ramirez-Sato

EXPLANATORY NOTE

The island of Mindoro is a separate biogeographical region that has social,
economic, and ecological importance. There are at least seven (7) Key Biodiversity
Areas (KBAs) that are home to many endemic flora and fauna species with national
and global significance. This include the Tamaraw (Bubalus mindorensis), the largest
wildlife mammalian species in the Philippines and one of the globally most critically
endangered mammals. Other notable species are Cynanchum malampayae, Murina
aenea, Mindoro bleeding-heart pigeon, Philippine warty pig, Philippine deer, and
more. Mindoro Island is also the home to 8 different Mangyan groups. Each has its
own language, beliefs, and customs, with culture deeply rooted to nature. This makes
Mindoro as one of the cultural centers of our country.

The only remaining intact forests in the island are found along the top of the
mountain ridge. While there are secondary growth forests, these are always under
threat and frequent disasters (such as flood) makes the whole island to be
continuously vulnerable to climate risks and hazards. Both Occidental and Oriental
Mindoro have at least 80% of the respective total land area classified as moderately to
highly susceptible to floods and landslides. Recent typhoons and floods brought
havoc to Mindoro leaving millions of damages in infrastructure and agriculture, and
lives lost.

At least 183 thousand hectares of watersheds spanning 9 river basins were
identified as priority for irrigation systems in Mindoro Island. It supports more than
50 thousand hectares of cropland areas enabling the provinces to produce at least 1
million metric tons of palay. Thereby helping the country to become rice sufficient and
food secure. Therefore, restoration of critical watersheds and maintaining the
ecosystem health are on the top of priority list of the Mindoro provinces.


The local governments and Mindorenos are well aware on the need to
safeguard environment, people, culture, property, and propel economic development.
To realize this, Oriental and Occidental Mindoro’s thrust is to conserve and enhance
its natural capital. Both provinces are unified to continue its contribution to nation
building by ensuring food security and remain to be a food basket in the country.
Moreover, be a catalyst for economic growth by sustaining its gains and investment,
like ecotourism.

The Mindoro provinces have been unswerving in its efforts to conserve
biodiversity and its natural heritage. Its protection measures have been incorporated
in the Environmental Code and consistent to the 25-year mining moratorium issued
by the two provinces. While the latter will soon expire, this legislative measure will
ensure that the two decades of people's efforts to defend our natural resources is
institutionalized.

As our provinces are dependent on the island’s fragile environment and
watersheds to survive, we cannot allow destructive mining to take its place. This bill
aims to ensure that our national, cultural, and natural heritage will be pass on to future
generations.

The approval of this bill is urgently requested.

.
HON. JOSEPHINE Y. RAMIREZ-SATO
Lone PistricfJof Pccid indoro


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

aa, 6082
House Bill No.

Introduced by: Rep. Josephine Y. Ramirez-Sato

AN ACT DECLARING THE ISLAND OF MINDORO A MINING FREE-ZONE
AND PROVIDING PENATIES THEREFOR

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

SECTION 1. Short Title. - This Act shall be known as the “Mindoro Island
Mining Free Zone Act.”

SEC. 2. Statement of Policy. - Itis the policy of the State to protect and advance
the right of the people to a balance and healthful ecology in accord with the rhythm
and harmony of nature.

Itis likewise the responsibility of the State to promote the rational exploration,
development, utilization, and conservation of the mineral resources of the country in
a way that effectively safeguards the environment and protects the rights of affected
communities.

Towards this end, the State shall institute measures to protect the people and
the environment in Mindoro Island from the adverse effect of mining.

SEC. 3. Mining-Free Zone - The Mindoro Island covering the Provinces of
Occidental and Oriental Mindoro 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. The provisions of Republic Act No. 7942, otherwise
known as the “Mining Act of 1995,” Republic Act No. 7076, otherwise known as the
“People’s Small-scale Mining Act” and other laws, rules, and regulations on mining


inconsistent with this Act shall have no application within the territorial jurisdiction
of the locality.

SEC. 4. Coverage. - This Act covers all mining operations and activities,
including quarrying, within the territorial jurisdiction of the Provinces of Occidental
and Oriental Mindoro.

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

SEC. 5. Recognition of Existing Mining Contracts, Agreements and Permits. -
All valid and existing mining contracts, exploration permits, licenses, technical and
financial agreements and mineral production sharing agreements in accordance with
Republic Act. 7942, otherwise known as the “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 exploration 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.

SEC. 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 an application for extension thereof shall
be granted even during lifetime of existing mineral contracts, technical and financial
assistance agreements and mineral production sharing agreements.

SEC. 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 permit or mineral agreements within (1) year from the
effectivity of this Act, the exploration permit or mineral agreement shall be declared
dormant by the Department of Environment and Natural Resources (DENR).

Dormant permits and agreements shall ipso facto be cancelled upon declaration
of dormancy.

SEC. 8. Cancellation of Small-scale Mining Contracts. - All small-scale mining,
contracts as enunciated in Republic Act No. 7076, or the “People’s Small-Scale Mining


Act of 1991” are hereby cancelled upon the effectivity of this Act. Affected small-scale
mining contractors have one (1) year from the time of this law takes effect to undertake
rehabilitation, regeneration and reforestation of mineralized areas, slope stabilization
of mind-out and tailing-covered areas, watershed development, and water

preservation.

SEC. 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
provincial government at the time of the adoption of this Act shall likewise be
recognized. Thereafter, quarry permits issued by the provincial governor 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 in ensuring that no more than one quarry 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 cancelled by the provincial governor for areas
up to 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 conducted by the DENR
for the purpose.

SEC. 10. Penal Provisions. - Any person, natural or juridical, or any public
officer, who violates the provisions of this Act shall suffer the penalty imprisonment
of not less than six (6) years but not more than twelve (12) years, and a fine of not less
than One million pesos (PhP1,000,000), but not more than Ten million pesos
(PhP10,000,000).

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

If the offender is a juridical entity, the highest ranking official and the members
of its board of directors or trustee who authorized the violations therein shall suffer
the penalty imposed under this Act.

SEC. 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.

SEC. 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.


SEC. 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.

SEC. 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.