Republic of the Philippines

House of Representatives? z
Quezon City, Metro Manila

Nineteenth Congress
First Regular Session

HOUSE BILL No, 3891

Introduced by Representative Arnan C. Panaligan

EXPLANATORY NOTE
This bill seeks to declare the Island of Mindoro a mining-free zone.

The Island of Mindoro is one of the major biogeographical regions in the
country that has social, economic, and ecological importance. It is the home to
eight indigenous Mangyan tribes. Each has its own language, beliefs, and customs,
with culture deeply rooted to nature which makes Mindoro as one of the cultural
centers of the country. There are also at least seven key biodiversity areas that are
home to many endemic flora and fauna species such as the cynanchum malampayae,
murina aenea, Mindoro bleeding-heart pigeon, Philippine warty pig, and Philippine
deer. The tamaraw (bubalus mindorensis), found only in the island of Mindoro is
now listed as a critically endangered species.

Large-scale and small-scale mining exploit the Philippine soil for its mineral
and geological resources that cost the destruction of communities and natural
ecology. Mining continues to cause disastrous consequences and threatens the
people and the country as a whole.

Both Occidental and Oriental Mindoro have at least 80% of the respective
total land area which are classified as moderately to highly susceptible to floods and
landslides. Recent typhoons and floods brought havoc to Mindoro leaving damages
in infrastructure and agriculture, and even the loss of lives due to massive mining
operations.

In 2002, the Province of Oriental Mindoro adopted a 25-year mining
moratorium. A similar 25-year mining moratorium was declared in the Province of
Occidental Mindoro in 2009. The two provinces are one in their serious efforts to
conserve biodiversity and natural heritage. The people of Mindoro continue their
public outcry against destructive mining and the degradation of critical watersheds.

the


licenses, technical and financial agreements and mineral production sharing
agreements in accordance with Republic Act No. 7942, otherwise known as the
“Mining Act of 1995,” and Republic Act No.7076, otherwise known as the “People’s
Small-scale Mining Act of 1991,” covering any area of the two (2) provinces shall
remain valid until their expiration or termination thereof. Thereafter, no further
extension or renewal of the contract, permit, license or agreement shall be granted.
Moreover, no new exploration permits shall be issued nor new mineral agreements
or similar other agreements covering lands within the jurisdiction of the said
provinces shall be entered into.

Quarrying activities will also be regulated by putting safety nets in approving
permits in the province. Under this proposed measure, the maximum area which a
qualified person may hold at any one time within the territorial jurisdiction of the
province shall be five (5) hectares. Strict regulations are imposed to ensure that no
more than one quarry is granted to the same person, corporation, its affiliates,
subsidiary or any entity that has essentially the same legal personality as the
applicant or holder of an existing quarry permit in the province.

As the Island of Mindoro is dependent on its fragile environment and
watersheds to survive, destructive mining should not be allowed. This bill will
ensure that the province’s national, cultural, and natural heritage will be passed on
to future generations.

During the 18" Congress, this proposed measure was originally filed as House
Bill No. 6082 by former Representative Josephine Ramirez-Sato of the Lone
Legislative District of the Province of Occidental Mindoro. This was later
substituted by House Bill No. 10611 which was approved on Third Reading on
January 17, 2022 and transmitted to the Senate on January 24, 2022. However, it
was not passed into law.

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

eRe C. PANALIGAN


CeIANWRLYNS

Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Nineteenth Congress
First Regular Session

HOUSE BILL No. 3891

Introduced by Representative Arnan C. Panaligan

AN ACT
DECLARING THE ISLAND OF MINDORO A MINING FREE-ZONE,
PROHIBITING ALL FORMS OF MINING OPERATION AND ACTIVITY,
AND PROVIDING PENALTIES THEREFOR

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

SECTION 1. Short Title. — This Act shall be known as the “Mindoro Island
Mining-Free Zone Act.”

SEC. 2. 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.

It is likewise the responsibility of the State to promote the rational exploration,
development, utilization, and conservation of the mineral resources of the country
in a way that effectively safeguards the environment and protects the rights of
affected communities. Towards this end, the State shall institute measures to protect
the people and the environment in Mindoro Island from the adverse effects of

mining.


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SEC. 3. Mining-Free Zone. — The Mindoro Island, covering the provinces
of Mindoro Occidental and Mindoro Oriental, is hereby declared a mining-free zone.
All forms of mining operations and activity, whether large-scale or small-scale,
within its jurisdiction are hereby prohibited. The provisions of Republic Act No.
7942, otherwise known as the “Mining Act of 1995,” Republic Act No. 7076,
otherwise known as the “People's Small-Scale Mining Act” and other laws, rules,
and regulations on mining inconsistent with this Act shall have no application within
the territorial jurisdiction of the locality.

SEC. 4. Coverage. — This Act covers all mining operations and activities,
including quarrying, within the territorial jurisdiction of the provinces of Mindoro
Occidental and Mindoro Oriental.

As used in this Act, “mining” refers to the extraction of valuable minerals or
other geological materials from the earth and includes such mining activities as
exploration, conduct of geological feasibility studies and surveys, development,
utilization and processing, as well as quarry operations involving cement raw
materials, marble, granite, sand and gravel construction aggregates, and other
similar activities related to excavating and quarrying minerals and ores.

SEC. 5. Recognition of Existing Mining Contracts, Agreements and
Permits. — All valid and existing mining contracts, exploration permits, licenses,
technical and financial agreements and mineral production sharing agreements in
accordance with Republic Act No. 7942 and Republic Act No. 7076 covering any
area of the two (2) provinces at the date of effectivity of this Act shall be recognized
by the Government and shall remain valid until their expiration or termination

thereof. Thereafter, no further extension or renewal of the contract, permit, license


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exploration permits nor enter into new mineral agreements or similar other
agreements covering lands within the jurisdiction of the said provinces.

SEC. 6. Prohibition Against Granting of Further Exploration
Permits in Existing Mineral Agreements. — At the date of the effectivity of
this Act, no exploration permits to conduct further exploration activities or an
application for extension thereof shall be granted even during the lifetime of existing
mineral contracts, technical and financial assistance agreements and mineral
production sharing agreements.

SEC. 7. Dormant Exploration Permits and Mineral Agreements. —
Exploration activities and mining operations under existing exploration permits,

mineral agreements and other similar agreements shall be undertaken immediately

by the permittee or contractor. In case of failure to initiate or undertake any
exploration activity or mining operation permit or mineral agreements within (1)
year from the effectivity of this Act, the exploration permit or mineral agreement
shall be declared dormant by the Department of Environment and Natural Resources
(DENR). Dormant permits and agreements shall ipso facto be cancelled upon
declaration of dormancy.

SEC. 8. Rehabilitation of Small-Scale Mining Areas. — Within one (1)
year after the effectivity of this Act, all affected small-scale mining operators are
mandated to undertake the rehabilitation, regeneration, and reforestation activities
on mineralized areas, to include slope stabilization of mined-out and tailing-covered
areas, in order to ensure watershed development, and water preservation solutions.

SEC. 9. Quarry Permits. — Issuance of a quarry permit in the mining-

free zone shall be under the direct supervision of the DENR. Existing quarry permits


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be recognized. Thereafter, quarry permits issued by the provincial governor shall be
reviewed and monitored by the DENR.

The maximum area which a qualified person may hold at any one time within
the territorial jurisdiction of the province shall be five (5) hectares. The DENR shall
impose strict regulations in ensuring that no more than one quarry is granted to the
same person, corporation, its affiliates, subsidiary or any entity that has essentially
the same legal personality as the applicant or holder of an existing quarry permit in
the province.

Upon the recommendation and conduct of proper investigation by the DENR,
a quarry permit shall immediately be cancelled by the provincial governor for areas
up to five (5) hectares, when, in the guise of quarrying activities, the holder of a
quarry permit engages in activities that are duly authorized for exploration permits,
mineral agreements or mining contracts.

SEC. 10. Penal Provisions. — (a) An imprisonment of not less than six (6)
years and one (1) day but not more than twelve (12) years, or a fine of not less than
One million pesos (PhP1,000,000.00) but not more than Ten million pesos
(P10,000,000.00), or both, shall be imposed upon any person who shall undertake
exploration activities after the expiration of the exploration permits, mineral
agreements or mining contracts or after the declaration of the DENR of the
dormancy of the exploration permits, mineral agreements or mining contracts;

(b) An imprisonment of not less than thirty (30) days but not more than six
(6) months, or a fine of not less than Five hundred thousand pesos (P500,000.00)
but not more than Five million pesos (P5,000,000.00), or both, shall be imposed

upon any person who refuses or deliberately fail to undertake the rehabilitation,


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regeneration, and reforestation of mineralized areas in order to ensure watershed
development, and water preservation solutions; and

(c) An imprisonment of not less than thirty (30) days but not more than six (6)
months, or a fine of not less than One hundred thousand pesos (P 100,000.00) but
not more than Five hundred thousand pesos (P500,000.00) or both, shall be imposed
upon any public official or employee who shall grant an exploration permit or extend
an existing exploration permit in violation of Section 6 of this Act.

In addition, a public officer who violates this Act shall also be dismissed from
service and perpetually disqualified from holding public office. If the offender is a
juridical entity, the highest ranking official and the members of its board of directors
or trustees who directly participated and authorized the violations therein shall suffer
the penalty imposed under this Act.

SEC. 11. Implementing Rules and Regulations. — Within six (6) months
following the effectivity of this Act, the DENR and the local government units
concemed shall promulgate the rules and regulations for the effective
implementation this Act.

SEC. 12. Separability Clause. — If any provision of this Act is declared
unconstitutional or invalid, other parts or provisions hereof not affected shall
continue to be in full force and effect.

SEC. 13. Repealing Clause. — All other laws, ordinances, orders, rules,
regulations and other issuances or parts thereof which are inconsistent with this Act
are hereby repealed, amended or modified accordingly.

SEC. 14. Effectivity. — This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation.