Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3119
HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE JOSE “PINGPING” |. TEJADA

EXPLANATORY NOTE

This bill which seeks to declare the Province of Cotabato a mining-free zone was filed
by the undersigned representative Jose “Pingping” |. Tejada as House Bill 7901 in the
17" Congress. It was approved by the House of Representatives and transmitted to
the Senate where it failed to pass due to lack of material time.

The right to a balanced and healthful ecology is solemnly incorporated in the
fundamental law. Section 16, Article Il of the 1987 Constitution concerns the
intergenerational responsibility to preserve and protect an environment that is
capable of sustaining life.

The said right implies, among many other things, the correlative duty to refrain from
impairing the environment. It is found in the behavior suitable to treat the
environment as a valuable asset, rather than a collection of things to be exploited and
discarded.

In an effort to contribute for the conservation and protection of the country’s natural
environment, the involvement and initiatives of local government units account for
strategic and proximate environmental management. Local government units are
awarded formal roles to undertake measures and to impose conditions to protect the
environment —the thrust of public accountability in achieving local environmental
visions, and considering the carrying capacity of the environment.

Mining and other extractive industries are among the most destructive activities on
the planet, especially for indigenous and farming communities. The minerals, metals,
fuel, and timber that extractive industries seek are very profitable, that resisting them
from the injurious utilization and degradation of the environment is a huge
undertaking.


The Province of Cotabato is endowed with rich natural resources, highly diverse
cultures, and strategic trading site in central Mindanao.

The Province of Cotabato is considered as Minadanao’s food basket. It is a major
producer of cereals, tropical fruits, vegetables, sugarcane coconut, coffee, freshwater
fish and livestock. It is also one of the country’s leading producers of raw and semi-
processed rubber and industrial trees, with markets in Asia and Europe.

Among its major natural assets are Mt. Apo, the country’s highest peak at 9,692 feet
(2,954m) above sea level, the Pulangi River which is a major contributor to
Mindanao’s irrigation system and hydro-electric energy, and the vast Liguasan Marsh
which not only supplies a bounty of freshwater fish and organic fertilizer but
considered as a possible source as well of natural gas.

The province’s economy is traditionally based on farm production activities and
agribusiness that it substantially depends on the topography and geological features
of the land. Majority of the communities significantly rely on natural resources for
subsistence and livelihood that its viability is indispensable for the cultural survival and
well-being of communities, and sustainable development considerations — including
human health and safety aspects.

An environment vulnerable to the effects of mining can no longer support and sustain
life existing in it. Since resources are limited, and most of the resources that support
life and build up the backbone of today’s development come from the biodiversity
sources, it is difficult rather impossible for the natural environment to sustain the
‘exploding human population.

The catastrophic effects of mining are the conditions that our children and future
generations will have to endure — a deadly inheritance abridging the right to life,
livelihood, health and security.

We are the world that we live in, and the people of the Province of Cotabato choose
to live free of mining.

JOSE “PI|

3° District, Prqvince of Cotabato


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3119
HOUSE BILLNO.___

INTRODUCED BY REPRESENTATIVE JOSE “PINGPING” |. TEJADA

AN ACT DECLARING THE PROVINCE OF COTABATO A MINING FREE ZONE AND
PROVIDING PENALTIES FOR THE VIOLATION THEREOF

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

Section 1. Mining Free Zone. ~The Province of Cotabato 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 Philippine Mining Act of 1995; Republic Act No.
7076, otherwise known as the “People’s Small-scale Mining Act of 1991”; and other
laws, rules and regulations on mining inconsistent with this Act shall have no
application within the territorial jurisdiction of the locality.

Section 2. Coverage. - This Act covers all mining operations and activities
including quarrying within the territorial jurisdiction of the Province of Cotabato.

As used in this Act, “mining” refers to the extraction of valuable minerals or
other geological materials from the earth and shall include mining activities as
exploration, feasibility, development, utilization and processing including quarry
operations involving cement raw materials, marble, granite, sand and gravel
construction aggregates, and other quarry resources.

Section3. Quarry Operations. ~ The quarrying of sand and gravel construction
aggregates not exceeding the maximum area of five (5) hectares per qualified person
is exempted from the coverage of the Act.

Existing quarry permits issued by the provincial government at the time of the
effectivity of this Act shall be recognized. Thereafter, quarry permits issued by the
provincial governor shall be regularly reviewed and monitored by the Department of
Environment and Natural Resources (DENR).


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The DENR shall impose strict regulations in ensuring that no more than one
quarry permit 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.

A quarry permit shall immediately be cancelled by the provincial governor
upon the recommendation of the DENR, when, in the guise of quarrying activities, the
holder of a quarry permit engages in activities that require an exploration permit,
mineral agreement, or mining contract.

Section 4. Penal Provision. - Any person, natural or juridical, or any public
officer who violates the provisions of this Act shall suffer the penalty of imprisonment
of notless than six (6) years but not more than twelve (12) years and a fine of not less
than One million pesos (1,000,000.00) but not more than Ten million pesos
(10,000,000.00).

Any public officer who violates this Act shall also be dismissed from the service
and perpetually disqualified from holding public office.

if the violator is a juridical entity, the highest ranking official and the members
of its board of directors or trustees who authorized the violations herein shall suffer
‘the penalty imposed in this Act.

Section 5. Implementing Rules and Regulations. — Within three (3) months
following the effectivity of this Act, the DENR Secretary shall promulgate the necessary
rules and regulations for its effective implementation.

Section 6. Repealing Clause. ~ Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary
to or inconsistent with any provision of this Act is hereby amended or modified
accordingly.

Section 8. Effectivity. ~ This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in a newspaper of general circulation.

Approved.