Amending Section 21 of R.A.. No. 7942, Philippine Mining Act

Senate Office of the Secretarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) MAY -5 P2:20 First Regular Session SENATE RECEIVED BY: Senate Bill No. _ 2094 Introduced by Senator Erwin T. Tulfo AN ACT AMENDING SECTION 21 OF REPUBLIC ACT NO. 7942 OTHERWISE KNOWN AS THE PHILIPPINE MINING ACT OF 1995, AND FOR OTHER PURPOSES EXPLANATORY NOTE Republic Act No. 7942, otherwise known as the Philippine Mining Act of 1995, governs the exploration, development, and utilization of the country's mineral resources. While the law recognizes the importance of environmental protection and community participation, gaps and ambiguities remain particularly with respect to the requirement of prior consultation with local government units (LGUs), non-governmental organizations, people's organizations, and affected communities in the issuance of mining exploration permits. Although exploration is often viewed as a preliminary phase, it involves highly intrusive activities such as drilling, land clearing, and excavation that can immediately disrupt local ecosystems, water sources, and the livelihoods of residents. Mandating prior consultation at the exploration level prevents future social conflicts and aligns with the Local Government Code of 1991, which explicitly requires that no project or program capable of altering the ecological balance shall be implemented without the prior approval of the affected LGUs and their constituents.

This bill seeks to address this gap by expressly requiring prior consultation as a mandatory prerequisite to the issuance of an exploration permit, thereby ensuring transparency, protecting local autonomy, and upholding the right of communities to meaningful participation. In view of the foregoing, the passage of this measure is earnestly sought. ERWIN T. TULFO

Senate Office of the secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session MAY -5 P2:20 SENATE RECEIVED BY: Senate Bill No. 2094 Introduced by Senator Erwin T. Tulfo AN ACT AMENDING SECTION 21 OF REPUBLIC ACT NO. 7942 OTHERWISE KNOWN AS THE PHILIPPINE MINING ACT OF 1995, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Section 21 is hereby amended to read as follows:

"Section 21. Terms and Conditions of the Exploration Permit. - An exploration permit shall be ISSUED for a period of two (2) years, ONLY UPON PRIOR CONSULTATION WITH THE LOCAL GOVERNMENT UNITS, NON GOVERNMENTAL AND PEOPLE'S ORGANIZATIONS AND OTHER CONCERNED SECTORS OF THE COMMUNITY, AND SHALL THEREAFTER BE subject to annual review, and relinquishment or renewal upon the recommendation of the Director."

SEC. 2. Implementing Rules and Regulations. - Within thirty

(30) days from the effectivity of this Act, the Department of Environment and Natural Resources (DENR) shall promulgate the necessary rules and regulations for the effective implementation of this 17 Act.

SEC. 3. Separability Clause. - Should any provision or part of

2 this Act be declared unconstitutional or invalid, the other provisions 3 and parts hereof, insofar as they are separable from the invalid ones, shall remain in full force and effect.

SEC. 4. Repealing Clause. - All laws, decrees, letters of

7 instruction, executive orders, rules and regulations and other issuances 8 or parts thereof inconsistent with this Act are hereby repealed or 9 modified accordingly.

SEC. 5. Effectivity. - This Act shall take effect fifteen (15) days

12 after its publication in the Official Gazette or in a newspaper of general 13 circulation. Approved,