Chiz seeks stricter enforcement of NIPAS Act

By Office of Senator Chiz Escudero
November 13, 2015

PASAY CITY – Sen. Francis “Chiz” Escudero called for stricter enforcement of the National Integrated Protected Areas System Act of 1992 or NIPAS Act if local government units (LGUs) want to protect their areas from what they deem as naturally destructive activities.

Escudero aired the call during a visit to Nueva Vizcaya, one of the provinces being proposed as a mining-free zone by virtue of a bill passed by the House of Representatives and transmitted to the Senate.

The bill is a subject of discussion in the Senate Committee on Environment and Natural Resources, which Escudero chairs. Similar bills declaring Catanduanes, Cagayan De Oro, Eastern Samar, Nueva Ecija, Biliran, Davao City, and the second district of Sorsogon as mining-free zones are also slated for review.

The bills, which have been opposed by the Joint Foreign Chamber, claimed that mining operations have damaged forest, agricultural lands, river systems and marine resources all over the country. The bills seek to penalize violators with 6 to 12 years of imprisonment and/or fines ranging from P100,000 to P500,000.

Escudero said he is waiting for a clear and comprehensive national policy before the Senate can discuss the bills declaring mining-free zones. The Department of Environment and Natural Resources (DENR) has yet to give its recommendations regarding the matter, he added.

“Wala pa kami ni isang batas na ipinapasa para ideklara ang isang lugar bilang mining-free zone. Hinihintay kasi namin ang polisiya ng national government. Kanino ba manggagaling ang ganyang polisiya, sa lokal na pamahalaan o sa kanila?” Escudero told media in Nueva Vizcaya.

“Baka dumating naman yung panahon, bawat munisipyo, distrito at probinsya dito sa Pilipinas eh magpa-declare na mining-free zone. Eh di kung ganon din naman, magpasa na lang tayo ng batas – parang total log ban – no mining na lang sa Pilipinas,” he said.

If the problem is mining in protected areas, LGUs can use the NIPAS Act as ground for disallowing mining operations in protected areas, the veteran lawmaker said.

“Halimbawa, kapag merong protected landscape sa isang protected area, talagang dapat walang miningdiyan lalo na kapag malapit doon sa protected area or natural park,” Escudero said.

According to Executive Order No. 79 released in 2012, mining is banned in the following areas: agricultural lands covered by the Comprehensive Agrarian Reform Program; protected areas categorized and established under the NIPAS Act; tourism development areas identified in the National Tourism Development Plan; critical areas and ecosystems identified by the DENR; and other areas listed in Section 19 of the Philippine Mining Act.

Escudero, who is running as an independent vice-presidential candidate, pointed out that there are mining companies who still manage to comply with the law. He said most of the violators were involved in small-scale mining.

“Para sa akin, kung tatanungin niyo ako, hindi kailangang maraming mining, kapag large-scale, ibig sabihin may puhunan talaga yung gagawa, malinis at susunod sa itinatalaga ng batas,” he said.