Alvarez wants mining franchise decisions under Congress control

August 25, 2017 - 4:59 PM
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HInatuan mining Alvarez inset
Mountainside mining activity in Hinatuan Island, Surigao del Sur. Speaker Pantaleon Alvarez in inset. Base image from photograph by Erwin Mascarinas, News5 | InterAksyon

MANILA, Philippines – Speaker Pantaleon Alvarez wants Congress to have the sole power to decide which mining firms can operate in the country by requiring them to seek legislative franchises.

House Bill No. 6259 filed on August 24 also prohibits mining in watershed areas.

“By requiring mining firms to acquire a legislative franchise, the people, through their elected representatives, would be able to scrutinize the applicants, their capability and track record, in order to make sure that only responsible mining firms are allowed to operate in the country,” the bill said.

The Speaker added: “The proposed measure, it is hoped, will create a more rigid and transparent process that weeds out undeserving companies. As a result, the country and its people shall be the first to benefit from the extracted minerals.”

The bill mandates that contents of permits and agreements of mining companies be considered public information, and “confidentiality clauses which shroud in secrecy the content of the permits and agreements are null and void.”

It seeks to amend portions of the Philippine Mining Act of 1995 by stating that “contractors must first secure a legislative franchise as a prerequisite before they could apply for an exploration permit, mineral agreement … or financial or technical assistance agreement.”

Private contractors presently holding exploration permits, mineral agreements or financial or technical agreements have one year from the time the law takes effect to secure a legislative franchise. Otherwise, these permits will expire.

Among the salient features of the bill:

-Provision for mandatory processing of all mineral ores in the Philippines and banning of the exportation of unprocessed mineral ores, as determined by the Department of Environment and Natural Resources (DENR).

-The mineral agreements will have a term not exceeding 10 years from the date of execution and renewable for another term not exceeding 10 years, provided that no violations were committed.

-Mandates private contractors to dispose of their waste in a manner not harmful to the environment, and they are tasked to submit annual waste disposal reports.

-The illegal export of unprocessed mineral ores are punishable by six months to six years imprisonment and fine of up to P1 million.

Aside from the Speaker, the other authors of the bill are Majority Leader Rodolfo Fariñas, Minority Leader Danilo Suarez, Deputy Speakers Frederick Abueg, Ferdinand Hernandez, Romero Federico Quimbo, Raneo Abu, and Representatives Joel Mayo Almario, Abdullah Dimaporo, Allen Jesse Mangaoang, Arnel Ty, Juliet Ferrer, Manuel Dalipe, Arnolfo Teves, Emmanuel Billones, Luis Raymund Villafuerte Jr., Luis Campos, Erlpe Amante, Jose Atienza Jr., Raul Daza, Ronaldo Zamora and Johnny Ty Pimentel.