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SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES }
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.

4799

EXPLANATORY NOTE

House Bill No.

This bill was originally introduced as House Bill No. 5888 during the Fourteenth
Congress and again in the Fifteenth Congress as House Bill No. 1064, It was approved by
the Committee on Natural Resources during both the Fourteenth and Fifteenth Congresses,
was approved by the House of Representatives and transmitted to the Senate where it was
not acted upon. It was again re-filed during the 16th Congress where it was once again
approved by the House of Representatives and transmitted to the Senate

Mining has adverse effects both to humans and the environment. Aside from adding
toxic chemicals to the ore, it strips-off large areas of top soil of all flora and fauna. Just
recently, Cagayan de Oro City has suffered flash floods and mining operations in barangays
Dansoiihon, Mambuaya, Tagimao, Tagpangi, Tuburan and Tumpago are blamed for such
fiashfloods. The flashfloods destroyed not just properties but agricultural areas and farm-to-
market roads as well. Based on the Progress Reports of the Regional Disaster Coordinating
Council of Region 10 based in Cagayan de Oro City, the flashfloods of January 3, 2009 has
affected 21,605 persons or 5,223 families in the city. It has also totally damaged 141 houses
and partially damaged 1,410 house amounting to an estimated cost of 1.9 million as of
January 8, 2009 only.

in the January 11, 2009 floods that befell Cagayan de Oro City, 37,086 persons or
7,410 families were affected with 94 houses totally damaged and 71 partially damaged

Further, typhoon Sendong brought about the worst destruction in the history of
Cagayan de Oro City.

To prevent flashfloods from recurring, mining operations in Cagayan de Oro City
must be totally prohibited. Hence this bill, which seeks to declare the City of Cagayan de Oro
amining-free zone.

In view thereof, immediate approval of this Bill is sought

MAXIMO B. RODRIGUEZ, JR.



SEVENTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES i
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.

House Bill No, 4799

AN ACT
DECLARING THE CITY OF CAGAYAN DE ORO A MINING FREE ZONE

Be it enacted by the Senate and the 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 shail protect the people and the environment
in Cagayan de Oro City from the adverse effects of mining

SEC. 2. Declaration of Cagayan de Oro City as a Mining Free Zone. — Cagayan de Oro City
is hereby declared a mining free zone and all mining operations in the City of Cagayan de
Oro are hereby prohibited.

For the purpose of 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, feasibility, development, utilization and processing and large-scale quarry
operations involving cement raw materials, marble, granite, sand and gravel construction
aggregates: Provided, however, That the quarrying of gravel and sand for projects directly
undertaken by agencies of the national government or by the city government for basic
services such as, but not limited to, roads and bridges, school buildings, water and energy
utilities and similar public works, is exempted from the coverage of this Act, subject,
however, to the requirements of existing mining and environment laws.

SEC. 3. Penal Provisions. — Any person, employee or employment agency who shall violate
the provisions of this Act shall be penalized with imprisonment of at least six (6) years but
not more than twelve (12) years and a fine of at least One hundred thousand pesos
(P100,000.00) but not more than Five hundred thousand pesos (P500,000.00). If the violator
is a corporation or association, the president and the manager/s of said corporation or
association, or its agent or representative in the Philippines, in case of a foreign corporation
or association, shall be held liable

SEC. 4. Implementing Rules and Regulations. ~ Within three (3) months following the
effectivity of this Act, the Secretary of the Department of Environment and Natural
Resources shall promulgate the necessary rules and regulations for its effective
implementation,

SEC. 5. 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 force and effect

SEC. 6. Repealing Clause. — All laws, orders, issuances, rules and regulations or parts
thereof inconsistent with the provisions of this Act are hereby repealed or modified
accordingly


SEC. 7. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication in
a newspaper of general circulation.

Approved,