| Mocs. OF REPS
~ RECEIVED
pate. 4 JUL 2016

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17 Congress
First Regular Session

872

House Bill No,

REGISTRATION UNIT.
BILLS AND INDEX SERVICE

NTATIVES

Introduced by HON. ROGELIO J. ESPINA

EXPLANATORY NOTE

This bill was originally filed in the 16 Congress. It was approved by the
House on December 17, 2014 and was transmitted and received by the Senate. After
thorough deliberations, the Senate committee referred the bills for 3"! reading on
July 29, 2015. However, the Senate failed to act on the approval of the said measure.
Hence, it is being re-filed in the 17% Congress.

Biliran is considered as the fourth smallest province in the Philippines with a
total land area of 53,601 hectares (132,450 acres). The province is composed of two
major volcanic islands. Biliran’s topography is enough evidence that mining will be
destructive to the province.

Mining has adverse effects both to humans and the environment. Aside from
adding toxic chemicals to the ore, it strips-off large areas of top soil of all flora and
fauna, According to Greenpeace International, mining impacts includes, destruction
of landscapes, forests and wildlife habitats at the site of the mine when trees, plants
and topsoil are cleared from the mining area. This in turn leads to soil erosion and
destruction of agricultural land. Sediments pollute waterways, which can cause
disfiguration of river channels and streams which leads to flooding. There is also an
increased risk of chemical contamination of ground water. Furthermore, mining
produces greenhouse gas emissions.

‘To prevent flashfloods from recurring, mining operations must be totally
prohibited. Hence the bill, which seeks to declare the Biliran Province a mining-free
zone.

In view thereof, immediate approval of this Bill is earnestly

Lone District of Biliran


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17% Congress
First Regular Session

872

House Bill No.

Introduced by HON. ROGELIO J. ESPINA

AN ACT
DECLARING THE PROVINCE OF BILIRAN A MINING-FREE ZONE

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

Section 1, 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 towards this end, the state shall protect the
people and the environment in the Province of Biliran from the adverse effects of
mining,

Sec 2. Declaration of the Province of Biliran a mining-free zone. - ‘The
Province of Biliran is hereby declared a mining-free zone, and all mining operations
therein shall be prohibited.

Sec3. Scope. For the purpose of this Act, mining shall refer to the extraction
of valuable minerals or other geological materials from the earth and shall include
such mining activities as exploration, feasibility, development, utilization and
processing as well as quarry operations involving cement raw materials, marble,
granite, sand and gravel construction aggregates, whether large-scale or small-scale
operation.

Sec. 4, Prohibitions ~ It shall be unlawful for any person to engage or to
continue to engage in any mining operation in Biliran: Provided that the state shall
be allowed to undertake mineral exploration activities in the area for research and
data gathering purposes. Provided, That the quarrying of gravel and sand for
projects directly undertaken by agencies of the national government or by the
provincial government of Biliran for basic services such as but not limited to roads
and bridges, school buildings, water and energy utilities and similar public works,
or any exploration activities for the generation of geothermal energy in the Province


of Biliran, is exempted from the coverage of this Act, subject, however, to the
requirements of existing mining and environment laws.

Sec. 5. Penalty - Any person, employee or employment agency who shall
violate 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 One hundred
thousand (P100,000.00) but not more than Five hundred thousand pes
(P500,000.00). If the offender is a corporation, firm, partnership or association, the
president and the manager of said corporation or association shall be held liable.

If the offender is an alien, after service of sentence and payment of fine, the
person shall be deported immediately without further proceedings and shall be
banned from any subsequent entry into the Philippines.

Sec.6. 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), in consultation with the provincial and municipal
governments, the religious sector, the business sector and accredited non-
government organizations, shall promulgate the necessary rules and regulations for
its effective implementation,

Sec 7. Transitory Provision - Upon approval of this Act, the DENR, in
coordination with the provincial government of Biliran, shall review contracts,
agreements and permits entered into and/or issued to all existing mining operations
in Biliran and determine those to be terminated and those to be allowed to continue
until such period that their contracts, agreements or permits may allow.

Sec. 8.Separability Clause - If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby
shall remain in force and effect.

Sec. 9.Repealing Clause - All laws, orders, issuances, rules and regulations or
parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

Sec. 10.Effectivity - This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in a newspaper of general circulation
in the Philippines.

Approved,