Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bilf No. 4338

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
PROHIBITING THE USE OF CYANIDE AND OTHER TOXIG CHEMICALS BY
MINING FIRMS FOR GOLD AND OTHER MINERAL ORE PROCESSING IN
OPEN-PIT MINING OPERATIONS

EXPLANATORY NOTE

Section 16, Article I}, of the 1987 Constitution acknowledges the right of all
citizens to "a balanced and healthful ecology in accord with the rhythm and
harmony of nature’. However, current mining operations in some parts of the
country prove otherwise. Mining companies are increasingly using cyanide to
extract gold, silver, copper, zinc, and other metals from metallic ore since
cyanide can extract almost 100% of the precious metals from rocks which
contain them.

In 2002, there were only 7 mining tenements approved, namely for Philex
Mining Corporation, Lepanto Victoria Mine, Rio Tuba Nickel Mining Corporation,
Taganito Mining, Hinatuan-Cagdianao Mining Corporation and Benguet
Corporation Masinioc Mine with a total tenement area of 23,106 hectares or a
mere 5% of the total mineralized area. But as of November 2005, the number of
approved tenements has ballooned to 383 with 2,229 petitions pending approval.

Moreover, cyanide has been the cause of environmental disasters at
Philippine mines such as the mine tailings in Boac, Marinduque, in Sipalay and
Hinobaan, in Negros Occidental, in itogen, Benguet, and mudilows in Sibutad,
Zamboanga del Norte; and at many foreigni mines such as in Romania, Guyana,


Canada, Kyrgyzstan, and Papua New Guinea resulting in massive fish kills and
contaminated drinking water.

The Cyanide Ban of 2011, if passed, would prohibit the recovery of gold,
silver and other metals by cyanide leaching of the ore. Cyanide is a lethal
substance that is used to extract gold and other minerals from ore in mining.
One teaspoon of a 2% cyanide solution is potent enough to kill an adult human.
Cyanide in much lower levels is toxic to birds, animals and aquatic creatures.
Further, cyanide poses serious environmental risks—from transportation on our
roadways, from storage and use at mine site, and from residuals disposed in
waste dumps.

In view of the foregoing, the early passage of this bill is earnestly sought

DIOSDADO MACAPAGAL ARROYO GLORIA MACAPAGAL ARROYO
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

4338

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
PROHIBITING THE USE OF CYANIDE AND OTHER TOXIC CHEMICALS BY
MINING FIRMS FOR GOLD AND OTHER MINERAL ORE PROCESSING IN
OPEN-PIT MINING OPERATIONS.

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 “Cyanide Ban
Act of 2011.”

SECTION 2. Definition of Terms. — In this Act, unless the context
otherwise requires--

1. “Cyanide” means hydrocyanic acid or any of its salts or derivatives.

2. “Heap leaching” is a mining process to extract precious metais and
copper compounds from ore.

SECTION 3. Prohibition on the Use of Cyanide and other toxic chemicals
in Mining Operations. — Cyanide heap leaching in open-pit gold and silver mining
is hereby prohibited. Further, other toxic chemicals which may be used in mining
operations that violate Section 16, Article II of the Constitution is hereby
prohibited.


SECTION 4, Penalty. - Any person who willfully violates or grossly
neglects the prohibition contained hereof shall suffer the penalty of Five (5) years
of imprisonment or a fine of Two Hundred Thousand Pesos (P250,000.00), or
both, at the discretion of the court.

SECTION 5. Separability Clause. ~ if any provision, part or portion of this
Act shall be held invalid, the remaining provisions, parts or postions of the Act not
otherwise affected shall remain valid and effective.

SECTION 6. Repealing Clause. — All laws, executive issuances, orders
and rules and regulations contrary to or inconsistent with this Act, or any part
thereof, are hereby repealed, amended and/or modified accordingly.

SECTION 7. Effectivity. — This Act shall take effect upon its publication in
the Official Gazette or in at least two (2) national newspapers of general
circulation.

Approved,

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