FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
S.B. No. 1365 
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Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
This bill seeks to close areas declared by local government units (LGUs) as No-Mining 
Zones from mining applications and operations, amending for the purpose the 
Philippine Mining Act of 1995. 
The Philippines has rich reserves of gold, copper, nickel and chromite. In terms of 
endowment (minerals resources per unit area), the country ranks third in the world for 
gold, fourth for copper, fifth for nickel, and sixth for chromite. 
In 1995, Congress enacted Republic Act No. 7942 otherwise known as the Philippine 
Mining Act which shall govern the exploration, development, utilization and 
processing of all mineral resources in the country. This Act opened all mineral resources 
in public and private lands, including timber or forest lands, to mineral agreements or 
financial or technical assistance agreement applications. 
Latest data from the Mines and Geosciences Bureau of the Department of Environment 
and Natural Resources reveal a considerable amount of gross production value in 
mining: from P35.2 billion in 2002 to P40.7 billion in 2006. The contribution of mining to 
gross domestic product (GDP) growth continues to improve, from 1.1 % in 2002 to 1.2% 
in 2006. The mining's contribution to total employment in the country continues to 
grow, from 101,000 workers in 2002 to 134,000 workers in 2006. Moreover, there is an 
increasing number of operating metallic mines in the country. From nine (9) contractors 
in 2002, there are 18 contractors in 2006. Finally, the number of mineral agreements 
approved and registered dramatically increased, from 283 agreements in 2002 to 391 
mineral agreements in 2006. 
Section 19 of the Mining Act declared the following areas closed to mining applications: 
1) military and other government reservations, except upon prior written clearance by 
the government agency concerned; 2) near or under public or private buildings, 
cemeteries, archaeological and historic sites, bridges, highways, waterways, railroads, 
reservoirs, dams or other infrastructure projects, public or private works including 
plantations ,or valuable crops, except upon written consent of the government agency or 
private entity concerned; 3) in areas covered by valid and existing mining rights; 4) in 
areas expressly prohibited by law; 5) in areas covered by small-scale miners, unless 
with prior consent of the small-scale miners; 6) old growth or virgin forests, proclaimed 
watershed forest reserves, wilderness areas, mangrove forests, mossy forests, national 
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parks, provincial/ municipal forests, parks, greenbelts, game refuge and bird 
sanctuaries, and in areas expressly prohibited u'nder the National h1tegrated Protected 
Areas System (NIP AS) under RA 7586, DAO No. 25, series of 1992 and other laws. 
Also, Section 69 of the same Act provides that every contractor shall undertake an 
environmental protection and enhancement program covering the period of the mineral 
agreement or permit, which shall be incorporated in the work program that the 
contractor or permittee shall submit as an accompanying document to the application 
for a mineral agreement or permit. The work program shall include not only plans 
relative to mining operations but also to rehabilitation, regeneration, re-vegetation and 
reforestation of mineralized areas, slope stabilization of mined-out and tailings covered 
areas, aquaculture, watershed development and water conservation, and socioeconomic 
development. 
Furthermore, Section 71 of the same law requires contractors and permittees to 
technically and biologically rehabilitate the excavated, mined-out, tailings covered and 
disturbed areas into the condition ensuring environmental safety. A mine rehabilitation 
fund is also to be created based on the contractor's approved work program, and shall 
be deposited as a trust fund in a government depositary bank and used for physical and 
social rehabilitation of areas and communities affected by mining activities and for 
research on the social, technical and preventive aspects of rehabilitation. 
Despite these safeguards, the national government lacks the manpower and resources 
to ensure the use of mining practices that would protect the environment and 
rehabilitate mined-out areas. While the economic benefits to be reaped from a thriving 
mining industry will mean more self-reliant communities away from urban centers, 
there is a need to respect the prerogative of local government units to declare areas 
under their jurisdiction as no mining zones. In a case decided by the Supreme Court 
(Tano vs. Socrates G.R. No. 220249, August 21, 1997) where the Supreme Court sustained 
the local ordinance passed by Puerto Princesa City which banned the export of live fish 
from Puerto Princesa to curtail the practice of cyanide fishing, the High Tribunal held 
that, "The Local Government Code proVisions invoked by private respondents (Puerto 
Princesa City) merely seek to give flesh and blood to the right of the people to a 
balanced and healthful ecology. In fact, the General Welfare Clause expressly mentions 
this right: 
SEC. 16. General Welfare. - Every local gqvernment unit shall exercise the 
powers expressly granted, those necessarily implied therefrom, as well as 
powers necessary, appropriate, or incidental for its efficient and effective 
governance, and those which are essential to the promotion of the general 
welfare. Within their respective territorial jurisdictions, local government 
units shall ensure and support, among other things, the preservation and 
enrichment of culture, promote health and safety, enhance the right of the 
people to a balanced ecology, encourage and support the development of 
appropriate and self-reliant scientific and technological capabilities, 
improve public morals, enhance economic prosperity and social justice, 
promote full employment among their residents, maintain peace and 
order, and preserve the comfort and convenience of their inhabitants." 
Mining, being an extractive industry, pose great threats to our fragile environment. 
Local government units must be given the right to chart the destiny of their 
environment. This bill seeks to do that by including among the areas closed for mining 
applications areas declared by local government units as no-mining zones. 
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In view of the foregoing, immediate passage of this bill is earnestly sought 
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> 
LOREN LEGARDA 
Senator 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. 1365 
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Introduced by Senator Loren Legarda 
AN ACT 
INCLUDING AMONG THE AREAS CLOSED TO MINING APPLICATIONS 
THOSE DECLARED BY LOCAL GOVERNMENT UNITS AS NO MINING ZONES, 
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7942 OTHERWISE 
KNOWN AS THE PHILIPPINE MINING ACT OF 1995, AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
Section 1. Declaration of Policy- It is hereby a declared policy of the State to ensure 
that the power of local government units, consistent with its mandate under the general 
welfare clause of the Local Government Code, to enact ordinances to enhance the right of the 
people to a balanced ecology, is upheld at all times. 
Pursuant to this, the right of local government units to exempt areas under their jurisdiction 
from mining applications is likewise sustained. 
Section 2. Section 19, Chapter III of Republic Act No. 7942 otherwise known as the 
Philippine, Mining Act of 1995 is hereby amended to read as follows: 
"SEC. 19. Areas Closed to Mining Applications. --Mineral agreement or financial 
technical assistance agreement applications shall not be allowed: 
a) In military and other government reservations, except upon prior written 
clearance by the government agency concerned; 
b) Near or under public or private buildings, cemeteries, archeological and 
historic sites, bridges, highways, waterways, railroads, reservoirs, dams or other 
infrastructure projects, public or private works including plantations or 
valuable crops, expect upon written consent of the government agency or 
private entity concerned; 
c) In areas covered by valid and existing mining rights; 
d.) In areas expressly prohibited by law; 
E.) IN AREAS DECLARED BY LOCAL GOVERNMENT UNITS AS NO-
MINING ZONES 
f.) In areas covered by small-scale miners as defined by law unless with prior 
consent of the small-scale miners, in which case a royalty payment upon the 
utilization of minerals shall be agreed upon by the parties, said royalty forming 
a trust fund for the socioeconomic development of the community concerned; 
and 
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g) Old growth or virgin forests proclaimed watershed forest reserves, 
wilderness 
areas, 
mangrove 
forests, 
mossy 
forests, 
national 
parks, 
provincial/municipal forests, parks, greenbelts, game refuge and bird 
sanctuaJlies as defined by law in areas expressly prohibited under the National 
Integrated Protected Areas System (NIP AS) under Republic Act No. 7586. 
Department Administrative Order No. 25, series of 1992 and other laws. 
Section 3. Separability Clause. - If any provision of this Act is held invalid or 
unconstitutional, the remainder of the Act or the provision not otherwise affected shall 
remain valid and subsisting. 
Section 4. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative rule or regulation contrary to or inconsistent with 
the provisions of this Act is hereby repealed, modified or amended accordingly. 
Section 5. Effectivity Clause. - This Act shall take effect fifteen (1 5) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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