Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

16" Congress
First Regular Session

House Bill No,_2163

Introduced by Honorable Sergio A. F. Apostol

EXPLANATORY NOTE

Section 16, Article 2 of the 1987 Constitution provides that 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. The Supreme Court itself affirms this policy in its landmark
case of Oposa vs. Factoran, when it goes deeper and held that present generation has an
"Intergenerational Responsiblity" for future generations to have a balanced and healthful
ecology,

One of the culprits in the degradation of our ecosystem, particularly the forest is mining
operations. A documented report led by the UK Secretary of State for Overseas Development
to the Philippines’ mining areas noted that mining operations in our country have left over 800
abandoned mines littered throughout the countryside in the Philippines and caused massive
environmental damage.

‘An example of such environmental damage that may be caused is the proposed off-
shore mining exploration along northern towns in the provinces covering Carigara Bay area,
which is located between the northem portion of the Leyte province and Biliran province. Such
mining operations will endanger the existence of marine life in the area that will later take away
the livelihood of small fishermen who are fishing in the Carigara waters. These are poor
fishermen who struggle to feed their family everyday. If the marine life in the bay will disappear,
then their respective families will greatly suffer. Furthermore, the marine eco-systems which is
mandated to be protected by the Constitution will be put in serious jeopardy.

This bill does not altogether seek to prevent mining companies to operate their business,
but due to special circumstances, shall ban them to operate within the Carigara Bay area, As
part of the present generation, it is but fair to require of these mining companies to fulfill the
mandate of the “Intergenerational Responsibility’ owed to the generations yet unborn for them
to have a balanced and healthful ecology.

In view of the foregoing, immediate approval of this bill is earnestly requested.

0 A.F. APOSTOL,
Refresentative
Second District, Leyte


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

16" Congress
First Regular Session

2163

House Bill No__©-

Introduced by Honorable Sergio A. F, Apostol

AN ACT PROHIBITING ANY NATURAL OR JURIDICAL PERSON OR PERSONS,
TO BE INVOLVED IN MINING OPERATIONS WITHIN THE CARIGARA BAY AREA, LOCATED
BETWEEN THE NORTHERN PORTION OF LEYTE PROVINCE AND BILIRAN PROVINCE,
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

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

SECTION 1, Declaration 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.

The proposed off-shore mining exploration along northern towns in the provinces covering
Carigara bay area, will seriously endanger the marine life and eco-systems of the bay and affect
the fishermen who catch fish therein as their livelihood, contrary to the policy of the State.

SECTION 2. Prohibition. No person, firm, entity, or a group of persons or entities, whether
or not licensed to engage in mining operations is allowed to be engaged in any mining activity
within the Carigara Bay which is between the provinces of Leyte and Biliran.

“Mining activity” is the extraction of valuable minerals or other geological materials from the
earth, from an ore body, vein or (coal) seam.

SECTION 3. Penal Provisions. Any person, entity, or a group of person or entities found
to have violated or have not complied with the foregoing prohibitory provision shall be held liable
with the penalty of revocation of their mining permits and payment of a fine of not less than one
million pesos (P1,000,000.00). Provided, that the owners, officers and management employees of
firms or entities who violate any provision of this Act shall also be held liable and be subject to
imprisonment of not less than one (1) year nor more than three (3) years.

SECTION 4. Repealing Clause. All other laws, decrees, orders, issuances, rules and
regulations which are inconsistent with the provisions of this Act are hereby repealed, amended, or
modified accordingly.

SECTION 5. Separability Clause. |f for any reason any provision of this Act or any part
thereof is declared invalid or unconstitutional, all other sections or provisions not affected thereby
shall remain in force and effect

SECTION 6. Effectivity. This Act shall take effect fifteen (15) days after publication in two
(2) newspapers of national circulation, and two (2) newspapers of general circulation in the
provinces of Leyte and Biliran.

Approved,