Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

16 CONGRESS
Second Regular Session

House Bill No.48°73

Introduced by Representative ROGELIO J. ESPINA

EXPLANATORY NOTE

The Constitution mandates 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.” Correlatively, such comes with the duty to guard the
environment from impairment and harm.

The environmental impact of mining includes erosion, formation
of sinkholes, loss of biodiversity, and contamination of soil, groundwater, surface
water by chemicals from mining processes. Mining can have adverse effects on
surrounding surface and ground water. The result can be unnaturally high
concentrations of some chemicals, such _as arsenic, sulfuric acid,
and mercury over a significant area of surface or subsurface. There is potential
for massive contamination of the area surrounding mines due to the various
chemicals used in the mining process. Large amounts of water produced from
mine drainage, mine cooling, aqueous extraction and other mining processes
increases the potential for these chemicals to contaminate ground and surface
water. Besides creating environmental damage, the contamination resulting from
leakage of chemicals also affect the health of the local population.

Biliran is located at the Eastern Visayas Region, blessed with rich natural
resources and a home to various biodiversity species. Considering the
topographical features of the Province of Biliran, an island Province composed of


eight (8) municipalities with land area of more or less 555.42 sq. km, definitely
mining is not ideal. Mining will destroy the pristine beauty of the island and
upsets it ecological balance. Thus, it is for these reasons that the State needs to
preserve and safeguard, as the Constitution mandates, the beauty and rich
natural resources of the province and to protect its people from the harsh effects
of mining. Hence, the passage of the bill is earnestly sought.

Lone District of Biliran


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

16 CONGRESS
Second Regular Session

House Bill No. 4673

Introduced by Representative ROGELIO J. ESPINA

AN ACT DECLARING THE PROVINCE OF BILIRAN A MINING-FREE
ZONE AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

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

Section 1. Title, ~ The Province of Biliran is hereby declared a mining-free zone,
and all mining operations in the Province of Biliran are hereby prohibited.

As used in this Act, mining operations shall be understood in the sense
used under the existing mining laws, and shall apply whether the same is
conducted in smalll scale or otherwise: Provided however, that this Act shall not
operate against legitimate quarrying and/or sand and gravel activities in the
Province of Biliran.

Section 2. Statement of Policy. ~ It is the policy of the State to protect and
promote 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 shall protect
the people and the environment in the Province of Biliran from the adverse
effects of mining.

Section 3, Penal Provisions, - Any person, employee or employment agency
who shalll 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 shall be held
liable.

Section 4. Implementing Rules and Regulations. - Within six (6) months
following the effectivity of this Act, the Secretary of the Department of
Environment and Natural Resources in consultation with the Provincial
Government, all Municipal Government Heads of the Province, the Religious
sector and accredited Non Government Organizations, shall promulgate the
necessary rules and regulations for its effective implementation.

Section 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.

Section 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.

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

Approved,