Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Third Regular Session

apt
ComMuTTEE REPORTNO._ 2262

Submitted by the Committee on Natural Resources on 4.3 yoy 2012

Re: House Bill No. _g gary q
Recommending its apie Parirbubs itution of House Bill No. 5898
Sponsors: Representatives Francisco T. Matugas and Ben P. Evardone

Mr Speaker

The Committee on Natural Resources, to which was referred House Bill No. 5898,
introduced by Representative Ben P. Evardone, entitled:

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

has considered the same and recommends that the herein attached House Bill’No. _66'79
entitled

ANACT
DECLARING THE PROVINCE OF EASTERN SAMAR A MINING - FREE ZONE AND.
PROVIDING PENALTIES FOR VIOLATIONS THEREOF

be approved in substitution of House Bill No. 5898 with Representatives Evardone and Matugas as
authors thereof

Respegfully pubmitted,

HON. FRA}CISOO T. MATUGAS
Chairman
Committee on Natural Resources

THE HONORABLE SPEAKER
House of Representatives
Quezon City


Seomraauaune

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

FIFTEENTH CONGRESS
Third Regular Session

House BillNo._ 6679
(substitute to HB 5898)

Introduced by Representatives Ben P. Evardone and Francisco T. Matugas

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

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

SECTION 1. Title The Province of Eastern Samar is hereby declared a mining-free zone
and all mining operations in the province are hereby prohibited.

As used in this Act, mining operations shall be understood in the sense used under existing
mining laws, and shall apply wether the same is conducted in a small scale or otherwise: Provided
however, that this Act shall not operate against legitimate quarrying /and or sand and gravel
activities in the province of Eastem Samar.

SEC. 2, It shall be unlawful for any person to conduct mining operations in the Province of
Samar. Any person found guilty violating 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 Two
hundred thousand (P200,000.00) pesos but not more than Five hundred thousand (P500,000.00)
pesos

If the offender is a corporation, firm, partnership or association, the penalty shall be imposed
upon the officer or officers of the corporation, form partnership or association responsible for the
violation hereof

Ifthe offender is an alien, after service of sentence and payment of fine, he will be deported
immediately without further proceedings

SEC. 3. Implementing Rules and Regulations. ~ Within three 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. 4. Repealing Clause. — All laws, presidential decrees or issuances, executive orders,
letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the
provisions of this Act are hereby repealed

SEC. 5. Hffectivity Clause This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation in the Philippines, whichever comes
earlier.

Approved,


Fired EENTR CONGRESS )
Of THE REPUBLIC OF THE PHILIPPINES —)
Second Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. 5298

Introduced by Representative Ben P. Evardone
Lone rict, Eastern Samar

EXPLANATORY NOTE

While tal role in the development and growth of
the Filipino nation, some areas or locations, on account of their peculiar soil composition and
asa whole, need to be preserved and insulated from the destructive effects

ing.

plogical sett
herent in the conduct of n

And here's why —

Eastern Samar is one such pla

Pursuant to the DENR-MGB Geohazard Map for Eastern Samar. the province is
iy susceptible to landslides and flashfloods. For this reason, the DENR-MGB has bi
urging LGU officials to familiarize themselves with the geohazard maps on their respective
\e:critories. MGB has called upon them to implement the necessary measures to reduce the
inypact af neural disasters on the people’s lives and properties. Sadly, however, MGB’s call
fins (allen on deaf ears. Mining activities, permitted or otherwise, are conducted even in areas
alreuch identified as highly-susceptible to iandslides and flashfloods.

Moreover, in a recent MGB RO-8 Report, the current MGB Regional Director
recomimerded the suspension of all small scale mining permits in Eastern Samar after the
__MGB found rampant mineral theft committed by either or both permit holders and non-
permiitees. acting alone or in Concert with local diggers--The-report disclosed: thatlocal
‘flietals seem to have given up justifying that the locals resort to mining as their means of
hood, Consequently, local residents now dig for minerals here and there disreyardi
lities and the environmental impact of their acts. Some SSM permitees allegedly use

heavy equipments.

Meanwhile, some large scale miners in Eastern Samar proceed with extractions
for commercial purposes even as the permits given them are merely for
mineral ores from unlicensed “camote’ miners, thus

reported
expioration, as othe
promotin

hus bill not only seeks (© pu an end to such unhealthy, irresponsible mining
practives in Eastern Samar but also to fiberate the people of Eastern Samar from avoidable
fuzerds and to ensure the accomplishment of the salutary purposes behind the establishment



Island Natural Park and the Carapadapan, Salcedo Community-Based
rams and projects on the

e to make our life better

of the Samar
Reforestation Management (CBM). among other government prc
environment. For indeed, what greater folly can there be than st

‘only to destroy it in the process?

‘Asa final note. let it be stressed that this bill finds basis in the collective right of the
people of Eastern Samar to a healthful and balanced ecology and seeks to reinforce the right

equial protection of the laws.

It is submitted that when the present mining laws were passed, Congress failed 10
consider the foregoing circumstances peculiar to Eastern Samar, which had been in existence
since long ago, particularly as regards the geohazards shown by DENR-MGB-NAMRIA
Geohazards maps. Such failure, though unintentional, leave the people of Eastern Samar in a
very precarious situation. Therefore, the present mining laws should be re-evaluated,
amended if necessary, this time taking into account the geohazard maps, geologic setting of
every supposed mining area, as well as changes in weather patterns.

Verily, class legislation, which essentially favors a class or subject and/or
discriminates against another belonging to the same class, occurs not only when the law
enacted substantially distinguishes one from another when none is required, but also. when

such law fails to make such distinction when one should be made.

ea

BEN P: EVARDONE,
Representative
Lone District, Eastern $

In the meantime, let this bill be immediately enacted.



FIFTEENTH CONGRE:
OF THE REPUBLIC OF THE PHILIPPINES — )
Second Regular Session

HOUSE OF REPRESENTATIVES

House Bill No. 529

Introduced by Representative Ben P. Evardor
Lone District, Eastern Samar

1 AN ACT

2 DECLARING THE PROVINCE OF EASTERN SAMAR A MINING-FREE ZONE
3 AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

4

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

7

8

5 SECTION 1. The Province of Eastern Samar is hereby declared a mining-free zone
10 and all mining operations in the Province of Eastem Samar are hereby prohibited.

AL

2 As used in this Act, mining operations shall be understood in the sense used under
13 existing mining laws, and shall apply whether the same is conducted in small scale or
14 otherwise: Provided however. that this Act shall not operate against legitimate quarrying

15 and/or sand und gravel activities in the Province of Eastern Samar.

16
wy

18 Province of Easter Samar.

SECTION 2. It shall be uniawful for any person to conduct mining operations in the

Bo Sama 4
20 SECTION 3. Any person found the provisions of this Act shall be
21 penalized with imprisonment of at least six (6) years but not more than twelve (12) years and
22a fine of at least Two Hundred Thousand pesos (Php200,000.00) but not more than Five

23. Hundred Thousand Pesos (Php500,000.00),

2
25 If the offender is a corporation. firm, partnership or association, the penalty shall be
26 imposed upon the officer or officers of the corporation. firm pannership or association

27 responsible for the violation hereo!


a

?
8
9

10

1

fence and payment of fine, he will be

en. after service of s

If the offender is an
ely without further proceedings

deported immedia

SECTION A. Implementing Rules and Regulations.—Within three months
following the effectivity of this Act. the Secretary of the Department of Environment and
ulations for its effective

Natural Resources shall promulgate the necessary rules and re

implementation.
v

SECTION. $. Repealing Clause— All laws, presidential decrees or issuances,

executive orders, letter of instruction, administrative

order. rule or regulation contrary 10 or

inconsistent with the provisions of this Act are hereby repealed,

)
SECTION 6. Effectivin
its publication in the Official Gazette or in a newspaper of general circulation in the

y Clause.— This Act shall take effect fifteen (15) days after

Philippines, whichever comes earlier.

Approved,

BEN P. EVARDONE
Represental
District of Eastern Samar

Lone



2 City

Que:

FIFTEENTH CONGRESS
Third Regular Session

COMM EE ON NATURAL RESOURCES

MINUTES OF THE MEETING OF THE COMMITTEE ON NATURAL RESOURCES HELD

ON THE 23% OF MAY 2012 (WEDNESDAY), 1:30 P.M., CONFERENCE ROOM NOS. 3
AND 4, AKER RAMON V. MITRA, JR BUILDING, HOUSE OF REPRE!

‘ATIVES.
—-QUuEZON EE

MEMBERS PRESENT

- Chairman / Presiding Officer
airman
fice-Chairman
- Vice-Cl

Hon. Francisco T. Matugas
Hon, Deogracias B. Ramos, Jr
Hon. Rodel M. Batocabe

Hon, Herminia B. Roman
Hon. Philip Pichay

Hon, Sharon Garin

Hon. Ben Evardone

Hon. Luzviminda Tlagan

Hon, Neison Dayanghirang

Hon J

- Memb«
- Member

Hon. Jun Omar Ebdane
Hoon. Roger Mercado
Hon. Rufus Rodriguez
Hon. George Amaiz

Hon. Pryde Henry Teves

L CALL TO ORDER/ROLL CALL

order at 2:00 pm, wit
presiding. There:

The 7. was all
Chairman of the Commi
calling of the roll was dispensed with



Hl, READING/APPROVA

The reeding of the minutes of th
approved

TH. ACKNOWLEDGMENT OF GUESTS/RESOU!
d the guests and

Upon instruction of the Chairman, the Commi etary acknow

resource persons.

IV. OPENING REMARKS BY THE CHAIR
, he welcomed all

Hon. Francisco T. Matugas outlined the agenda for the aftemoon. Th:

the guests and resource persons

V. DELIBERATION OF THE FOLLOWING MEASURES:

a Leyic a8 @ Mining-Free Zone and

A House Bil 5855, “An Act Declaring Sou
Providing Penalties for Violations Thereof”, introduced by

io said that Southem Leyte has been
by landslide and other natural calamities.
sity still exists. He further stated that
there are numerous medicinal

In his sponsorship speech, Rep. Roger Mi
known to be flood prone, frequently strick:
Despite this fact, the legislator added that bio.
this is being confirmed by d
benefits from the subsisting biolo:

Mines and Geosciences

jon VIII said that they have no objection to the measure. He clarified
hore mining and whether the exclusion of sand and

Re
Bureau (MGB) Re
fiom the author if the bill includes oi
gravel includes filling materials, wi
projects

ings and said he is amenable to includ:
|_—subject to_th.

Mercado took note of RED de Dios’ fin:

tind lementing _Rules_and Regulation ARR}

recommendations of scientists and em

the author of the bill
hibited since it is indeed environmentally

Asked by Rep. Rafael Mariano
answered that mining of black sand is pr

destructi
‘Also posed by Rep. Philip Pichay is whether or not Southem Leyte is already a
ido responded # province was declared as a

logging free area of which Rep.
Tog ban spot since the last Congress.

io amendment and style.

cd for the approval of

being no objection. the bill was approved



ea

lav: enforce:
(CDOs) that were issued are
law, declaring
ed by

Rep. Evardone said that the Cease and Desist Orde:
being ignored. He emphasized that since th f
Easier Samar as a minin;
mining activi

hood of those who will be affected by the ban.

Fund (PDAF) for the li

MGB-RED of Region VIM Mr. De Dios interposed no objection. He
author if the ban includes offshore mining, to which Rep. Evardone said y

Rep. Jun Omar Ebdane inquired if there will be livelihood opportunities for those
miners who will be displaced once the ban will be enforced. Rep. Evardone said that he
will see to it that there will be an altemative livelihood for those who will be dislodged

‘because of the mini

ssistant Director Mr. Elmer Billedo of the MGB Central
be excluded from the mining free zone.

Rep. Evardone explained that there is a danger in including the strategic minerals

because the latter term is not yet defined

Rep. Herminia Roman advised Rep. Evardone to review the mining laws in his

province instead of declaring it as a mining free zone.

The MGB spokesperson Mr. Billedo was asked by Rep. Philip Pichay if their bureau

cas implement the lav-especi

Mr. Billedo answered saying the monitoring and stoppage of small-scale mining
local government.

activities should come from 1

Rep. Pichay further questioned the MGB what will happen to the existing Mineral
Production Sharing Agreement (MPSA) of the large-scale mining companies should the

bill be passed into a law

Chairman Matugas informed the body that existing contracts should be respected.

ing companies with MPSA. and

d the MGB to identi
cts expire,

Rep. Bvardone a:
bow Jong before the contra



he act dat

Mr De
extend up to twenty-five (25) years and that some companies ju:
MPSAs just recently

scale miners should be punished for

Rep. Pryde Henry Teves blurted out that smal!
operating large-scale basis

Mr. Mario Ancheta, the Regional Director of MGB Region I explained that small-
scale mining permits are given by the LGUs. He further added that the MGB Regional
Office cannot override the decision of the governor. He stressed that it is only the DENR-
Secretary who has the authority to do so.

With the MGB comment, Rep. Padilla exhorted the representatives from the bureau to

consult their legal department about their jurisdiction of power. He said that the authority
vernment, so in the ultimate analysis, the

it comes to mining.

10 issue a permit is delegated by the national
DENR should still be on top of everything w

en

ep. Batocabe retorted that the governor just gives permit. He stressed that the reason
why MGB cannot enforce the Jaw is because of lack of political will because the bureau

is up against strong power.

ining law by

Given a scenario by Rep. Batocabe wherein the govemor violates the
giving a small-scale mining permit in an MPSA area, Mr. Billedo said he will file a case
after

against the governor but will resign
1. There being no objection, the

Rep. Pichay moved for the approval of the bi
committee approved HB 5898 subject to amendments

House Bill 5900, “An Act Declaring The Province of Nueva Vizcaya A Mining Free
Zone and Providing Penalties For Violations Thereof”, introduced by Hon. Carlos

Padilla.

Rep-Carlos Padilla said there is an ugent need to declare the Province of Nueva
Vizcaya as a mining free zone since mining operations affect not only the present but the

future generation as well. He expounded how mining operations have been equated with
environmental destruction

Rep. Rufus Rodriguez moved for the approval of the bill subject to amendment
There being no objection, the Committee Members approved House Bill 5900.

House Resolution 1136, “ Resolution Directing the Committee on Natural Resources to
Conduct An Inquiry In Aid Of Legislation On The Impact Of Magnetite Mining Along
The Coastal Shores Of Eastern Samar”. introduced by Hon. Rafael Mariano.

Rep. Rafael Mariano conveyed that magnetite mining or black sand mining is a threat



io th: the
smal Me
Arthur, Ley

nining, the author stressed that the
¢ ecosystem

nuction of the m:

activity can resul
inguiry and public hearing in Easter

Moreover, Rep. Mariano requested for an
Visayas

solution Directing the Committee on Natural Resources, In
ing That Are Happening in Different Areas of
Community Displacement, Marine
us Rodriguez and Maximo

House Resolution 2029. *
Aid of Legislation, on the Black Sand Mi
the Couatry Which Damage the Shorelines and Cau:
Pollution and Degradation, introduced by Hons. Rui

Rodriguez. Ir

Rep. Rodriguez stated that black sand is indeed valuable for industrial use but its

ing process is very detrimental to the environment, particularly coastlines. He said
hicirresulted-in-waves-flashing-near-the —————__

mi

that mining operations had reduced shorelines
homes of the residents of the area causing flooding

He further added that the Pambansang Lakas ng Kilusang Pamalakaya ng Pilipinas
has already given warning on the potential risks of balck sand mining.

needed 10 stop magnetite mining.

Rep. Mercado told MGB that their support is
The Committee motioned to continue the deliberation on magnetite mining on the

next committee meeting

VL OTHER MATTER
Rep. Padilla moved for the approval of the proposed Joint Congressional Mining
Commission. There being no objection, the move was approved

VEE—ADIOURNMED

The meeting was adjourned at 5.04 p.m

ait



EBY CERTIFY TO THE CORRECTNESS OF THE FOREGOING

Prepared by.

Deceeree fadamba-Ledonio
LeGslative Staff Officer IV

Noted by

Mileage ©

Committee Secretary

Approved by:

HON. FRANCISCO T. MATUGAS
Chairman