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CONGRESS OF THE PHILIPPINES1FOURTEENTH CONGRESS2
Second Regular Session
34HOUSE BILL NO. 6342567By Representatives _________________________ 8910AN ACT11TO REGULATE THE RATIONAL EXPLORATION, DEVELOPMENT AND UTILIZATION12OF MINERAL RESOURCES, AND TO ENSURE THE EQUITABLE SHARING OF13BENEFITS FOR THE STATE, INDIGENOUS PEOPLES AND LOCAL COMMUNITIES,14AND FOR OTHER PURPOSES1516
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
17
assembled:
1819CHAPTER I. DECLARATION OF POLICIES2021Section 1.
Short Title. This Act shall be known as the “Philippine Mineral Resources Act of 222009”.2324Section 2.
Declaration of Policy. It is hereby declared that it is the policy of the State to:25a)
Maintain peace and order, protect life, liberty and property and promote the general26welfare;27 b)
protect and advance the right of the people to a balanced and healthful ecology in28accord with the rhythm and harmony of nature;29c)
value the dignity of every human person and guarantees full respect for human rights;30d)
promote social justice in all phases of national development; 31e)
recognizes and promotes the rights of indigenous cultural communities within the32framework of national unity and development;33f)
protect and promote the right to health of the people and instill health consciousness34among them;35g)
pursue an independent foreign policy. In its relations with other states the paramount36consideration shall be national sovereignty, territorial integrity, national interest, and37the right to self-determination;38
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h)
develop a self-reliant and independent national economy effectively controlled by1Filipinos;2i)
ensure the autonomy of local governments;3 j)
give highest priority to the enactment of measures that protect and enhance the right4of all the people to human dignity, reduce social, economic, and political inequalities,5and remove cultural inequities by equitably diffusing wealth and political power for 6the common good;7k)
encourage non-governmental, community-based, or sectoral organizations that8 promote the welfare of the nation;9l)
adopts and accepts the generally accepted principles as embodied in the International10Covenant on Civil and Political Rights, International Covenant on Economic, Social,11Cultural Rights and UN Declaration on the Rights of Indigenous Peoples.1213Section 3.
To this end, the State shall also endeavor to achieve an ecologically sound,14economically viable, gender fair, equitable system of land and resource management that15upholds the human rights of indigenous peoples and local communities towards sustainable16development.1718Section 4.
The exploration, development and utilization of natural resources must take19comply with the principles of intergenerational responsibility.2021Section 5.
The judicious stewardship of our mineral resources require that:2223(1)
The State and its members should share in the burden of satisfying the need for mineral24resources primarily through reusing and recycling existing mineral products;2526(2)
In land and water use, the production of sufficient food free from pollution towards food27security should always be the priority;2829(3)
The State and its members should develop its human resources and encourage the30evolution of its own appropriate technologies;3132(4)
The community shall actively participate in the stewardship of mineral resources.33Community-based initiatives shall be encouraged and supported.3435(5)
Mining operations should not in any way create or exacerbate conflicts.3637CHAPTER II. SCOPE AND GENERAL PRINCIPLES3839
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Section 6.
Scope. This Act shall govern the ownership, management and governance of ore1minerals onshore, as well as quarry resources, sand and gravel, guano, and gemstones, and the2conservation, exploration, development, utilization, processing and transportation thereof. The3ownership, management and governance of petroleum and coal shall be governed by special4laws. Offshore mining shall also be governed by special laws.56Section 7.
Ore minerals form part of the country’s irreplaceable and non-renewable natural7wealth and capital. The conservation of our mineral wealth is a paramount public interest and8mineral resources shall be utilized only in a rational manner. The economic benefits derived9from mining shall be equitably distributed by, among others, prioritizing development for local10communities and all other stakeholders directly affected by mining operations.1112Section 8.
The management of mineral resources shall be a shared concern and13responsibility among the national government, corporations, all levels of local government, and14the communities affected by the exploration, development, and utilization of mineral resources.1516Section 9.
The extraction of mineral resources shall only be allowed if the returns from17mining substantially exceed the returns from alternative land uses as well as the anticipated cost18of environmental and social impacts on the affected local communities, which shall at all times19 be prevented and/or mitigated through the allocation of sufficient funds for this purpose.2021Section 10.
The State shall accord support to communities dependent on small-scale mining.2223Section 11.
Subject to their right to self-determination, indigenous cultural24communities/indigenous peoples (ICCs/IPs) own and have the responsibility to manage the25mineral resources in their respective ancestral domains, free from external manipulation,26interference, force threat, intimidation, coercion and other analogous acts. The State shall27support indigenous cultural communities in developing capacities to effectively exercise their 28right and responsibility.2930Section 12.
Mining shall be limited in scale in accordance with this Act.3132Section 13.
Mineral resources development, utilization and processing shall be reserved for 33Filipino citizens and for Filipino corporations. Exploration shall be undertaken directly by the34State for the benefit of the nation.3536Section 14.
Remining and recycling of mineral resources shall be prioritized over the opening37of new mines to maximize and recover the remaining minerals resources from the rejects or 38wastes of previous mines and mining operations.39
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