Republic of the Philippines 4
HOUSE OF REPRESENTATIVES it x,
Quezon City i 17FEB 2015

3150 PH

SIXTEENTH CONGRESS
Second Regular Session \

House piLLNo,__5475

Introduced by HON, RONALD M. COSALAN

EXPLANATORY NOTE

‘The Municipality of Kibungan, Benguet Province has been recognized as an ancestral
domain of the indigenous peoples of the area by the National Commission on Indigenous
Peoples (NCIP) with the award of the Certificate of Ancestral Domain Title (CADT) No.
CCAR _KIB-0240-016. With the efforts of the Kibungan Kankana-ey Tribe and the local
government of Kibungan, the Ten-Year Ancestral Domain Sustainable Development
Protection Plan (ADSDPP) was formulated in November 2006. The Comprehensive Land
‘Use Plan (CLUP) of Kibungan, which was based on the ADSDPP, spells out the uses of the
ancestral land as primarily for agriculture, cultivation of high value crops as primary source
of livelihood, communal water shed, communal forest, pasture lands, cemetery, parks and
institutional purposes, among others. Kibungan supply indigenous rice and highland
vegetables to Regions I, Il and the National Capital Region.

Kibungan also boasts of beautiful sceneries of distinct cultural and ancestral heritage
like the Les-eng rice terraces surrounded by solid rock formations, the century old Palina
rice terraces that turn golden yellow near harvest time and the rocky mountain walls which
are favorite destinations of local and international tourists and mountain trekkers. Within
the area are watersheds, forest reserves, public cemeteries, waterways and historic sites.

Hence, the indigenous peoples of Kibungan express their opposition to large scale
mining operations within their ancestral domain. The Kankana-ey is dependent of
agricultural production as our main source of living, Large-scale mining also causes ground
sinking, various illness due to pollution and dangerous chemicals used and produced in the
mining process, depletion of water resources, and destruction of the environment as a
whole.

Republic Act No, 7942, otherwise known as “The Philippine Mining Act of 1995”
names as areas closed to mining proclaimed watersheds, forest reserves, plantations of
valuable crops and waterways

Approval of this measure is earnestly requested.

<2) week hor oo,

GN. RONALD M. COSAIAN
resentative
éne District, Benguet Province (CAR)


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 547 5

Introduced by HON. RONALD M. COSALAN

AN ACT.
DECLARING THE MUNICIPALITY OF KIBUNGAN, BENGUET
A LARGE-SCALE 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. Declaration of Policy. - The Municipality of Kibungan, Benguet
is hereby declared a large-scale mining-free zone and all large-scale mining
operations in the Municipality of Kibungan, Benguet are hereby prohibited.

SECTION 2. Scope. - As used in this Act, large-scale mining shall refer to the
extraction of valuable minerals or other geological materials, excluding gravel and
sand marble using mechanized tools and equipment, requiring considerable capital
and having large-scale environmental, social, cultural and economic impacts with
regard to resource use and/or consumption. This shall include large-scale mining
activities involving exploration, feasibility, development, utilization and processing.

SECTION 3. Penal Provision. - It shall be unlawful for any person to engage
in any large-scale mining operation in the Municipality of Kibungan, Benguet.

Any person found guilty of violating the provision of this Act shall be
penalized with an imprisonment of at least six (6) years but not more than twelve
(12) years and a fine of at least One Hundred Thousand Pesos (P'100,000.00) but not
more than Five Hundred Thousand Pesos (P500,000.00).

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


If the offender is an alien, after service of sentence and payment of fine, the
person shall be deported immediately without further proceedings.

SECTION 4. Implementing Rules and Regulations. - Within three (3)
months following the effectivity of this Act, the Secretary of the Department of
Environment and Natural Resources (DENR) shall promulgate the necessary rules
and regulations for its effective implementation,

SECTION 5. Transitory Provision, - Upon approval of this Act, the local
government of the Municipality of Kibungan, Benguet, in coordination with the
DENR, shall review the contracts and agreements entered into by all existing large-
scale mining operations, those to be terminated, and those to be allowed to continue
until such period that their contracts or agreements may allow.

SECTION 6. Repealing Clause - All laws, decrees, orders, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 7. Effectivity Clause - This Act shall take effect fifteen (15) days
following its publication in at least two (2) newspapers of general circulation.

Approved,