Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

38
HOUSE BILL no.&2

Introduced by Honorable MANUEL JOSE M. DALIPE

EXPLANATORY NOTE

This bill seeks to institute a national dam safety program and establish the National Dam
Safety Authority, which shall control, manage, and coordinate operations of all dams in the

country.

In the past 30 years, more than 360 disasters struck the Philippines. Typhoons and floods
are the most devastating, in terms of their economic and social impact, accounting for 80 percent
ofall deaths, 90 percent of the total number of affected people, and 92 percent of the total economic
impact.' The severe flooding and displacement caused by typhoons battering the country each year
raises the vulnerability of affected communities.

‘One could still remember the damage caused by Ondoy, Pedring and Quiel. The release of
millions of liters of water from dams has compounded the flooding of agricultural areas and put
pressure on the country’s already overflowing major river systems. Hundreds were forced to leave
their homes and their livelihood behind as the swift rise in water-levels caused by heavy rain and
dam releases left them little time to prepare.

As a result, there have been a lot of finger-pointing as to who is responsible for the
extensive flooding. Years have passed and there is still no single entity tasked to manage and
operate all dams in the country.

The country is home to more than a dozen dams. It is deemed that an authority streamlined
to address dam-related issues will redound to the benefit of the general public, both in its day-to-
day operations and during emergency situations.

In view of the foregoing, immediate approval of this measure is earnestly requested.

MANUEL JOSE/M. IPE

2 Project Highlights: Metro Manila Flood Management. (2017). Derived from:
:nk.org/en/country/philippines/brief/project-highlights-metro-mai

anagement



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

| House BILL No, °232

Introduced by Honorable MANUEL JOSE M. DALIPE
a

AN ACT
INSTITUTING A NATIONAL DAM SAFETY PROGRAM, ESTABLISHING THE
NATIONAL DAM SAFETY AUTHORITY, PENALIZING VIOLATIONS THEREFOR
AND FOR OTHER PURPOSES

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

SECTION 1, Short Title. — This Act shall be known as the “Dam Safety Act”.
SEC. 2. Declaration of Policy. — It shall be the policy of the State to:

a)

Uphold the people’s constitutional rights to life and property by instituting a National Dam
Safety program that is pro-active, consultative, transparent, responsible, and gives due
regard to the possible occurrence of disasters and destruction to property and loss of lives;
b) Adhere to universal norms, principles, and standards of humanitarian assistance and the
global effort on risk reduction as concrete expression of the country’s commitment to
overcome human sufferings due to recurring disasters;

Incorporate internationally accepted principles of management in the creation and
implementation of national disasters;

Adopt a national dam safety program that is holistic, comprehensive, integrated, and
proactive in lessening the socio-economic and environmental impacts of dams including
possible destruction to property and loss of lives and promote the involvement and
participation of all stakeholders concerned, at all levels, especially the local community
and the local government units;

Recognize and strengthen the capacities of LGUs and communities in mitigating and
preparing for, responding to, and recovering from the impact of disasters.

°)

d)

e)

SEC. 3. Definition of Terms. — For purposes of this Act, the following terms shall refer
to:

a) “Early warning system” — the set capacities needed to generate and disseminate timely
and meaningful warning information to enable individuals, communities and
|

2


organization threatened by a hazard to prepare and to act appropriately and in sufficient
time to reduce the possibility of harm or loss. A people-centered early warning system
necessarily comprises four (4) key elements: knowledge of the risks; monitoring,
analysis and forecasting of the hazards; communication or dissemination of alerts and
warnings; and local capabilities to respond to the warnings received. The expression
“end-to-end warning system” is also used to emphasize that warning systems need to
span all steps from hazard to community response;

b) “Emergency” — unforeseen or sudden occurrence, especially danger, demanding

immediate action;

“Emergency management” — the organization and management of resources and

responsibilities for addressing all aspects of emergencies, in particular, preparedness

response and initial recovery steps;

d) “National Dam Safety Plan” — a set procedures, processes or protocols as promulgated
by the National Dam Safety Authority to be observed in the management and control
of dams, especially during emergency situations.

SEC. 4. The National Dam Safety Authority. — The National Dam Safety Authority
(NDSA) is hereby created, hereinafter referred to as the Authority, which is tasked to control,
manage, and coordinate operations of all dams in the country.

°)

SEC. 5. Principal Office and Term. — The Authority shall have its main office in Metro
Manila and may establish area offices as may be determined by it, if necessary, to achieve the
objectives of this Act. The Authority shall have a term of twenty-five (25) years from the
effectivity of the Act and may be renewed for the same period unless otherwise provided by the
law.

SEC. 6. Power and Functions of the NDSA. - The Authority shall have the following
powers and functions:

a) Exclusive power to control, manage and operate all dams in the country, in coordination
with proper agencies. It may, however, delegate management to agencies currently
managing dams, provided that, such delegated agencies shall be under the direct control
and management of the Authority during emergency;
Formulate a comprehensive and holistic national dam safety plan that is consistent with
the declared principles of this Act, which shall include provisions on early systems,
consultation and coordination with all concerned agencies including LGUs and the
private sector;
Integrate, prioritize, program and implement, whenever allowed and authorized by
applicable laws, in relation to control, management and operation of dams;
Recommend to and, whenever necessary, call upon the proper agencies on the technical
support, physical assistance, and generally, the level of priority to be accorded to
agricultural, industrial, commercial, and infrastructure, environmental and
technological programs and projects soliciting or requiring direct or indirect help from
or through the national government or any of its instrumentalities;
Explore sources for financing priority on the control, management and operations of
dams;
Eyl Stall eearcemrb te traits eatetecedtractaen ral mpairtenensce of a dams and repairs of
existing dams;

b)

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d)

e)


g)
h)

To sue, enter into contracts, acquire, purchase, hold, lease, transfer, dispose of properly,
of any kind or nature to carry out the purpose of this Act; and,

Shall disseminate information on the proceedings and documents related to modern
trends in dam engineering, construction, operation and maintenance of dams;
Discharge other functions that may be deemed necessary or as may be provided by law.

SEC. 7. Chairperson. — The chairperson shall be appointed by the President of the
Philippines with an undersecretary rank and shall act the Head of Office. He / She shall serve a term
of six (6) years from the date of his/her appointment unless removed for cause: Provided, that no
person shall be appointed as chairperson unless he/she is holder of a degree in law or a masters
degree in any of the following fields: hydrology, Environmental Planning, Public Administration,
Management or Engineering, or their equivalent and have at least ten (5) years relevant experience
in said fields.

The Chairperson shall have the following duties and functions:

a) Call and preside meetings of the Board and see to it that the policies, programs and

b)

°)

4)
°)

8)

h)

i)
))

1)

rules and regulations are implemented properly;

Call on formidable players in the formulation and implementation of a
comprehensive and integrated national dam safety program and the preparation of
the budget and programming priorities, annual reports and other pertinent
documents approved by the authority;

Identify solutions to key issues and concerns, considering related risks, affected
parties and impact, in coordination with the Board and key stakeholders;
Advocate the Authority among the various concerned sectors and stakeholders;
Call on any agency, group, individual member of the board, local government
unit, and host community to address issues and concerns relating to
implementation of major programs, projects and activities;

Endorse to the Board all policy recommendations, plans and programs for the
approval;

Represent the Board in regular and special Cabinet meetings; Accept, on behalf
ofthe Authority, donations, contributions, grants and bequests or gifts, in cash or
in kind, from members, foreign governments, international agencies, private
entities or any individual for purpose that will realize the functions of the
Authority;

Supervise administrative operations including disbursement of any fund of the
Authority, subject to the usual accounting and auditing procedures, and submit
reports thereon;

Execute and administer the policies and measures approved by the Board;
Appoint all employees of the Authority, and remove, dismiss or otherwise
discipline for cause, such employees in accordance with the standard guidelines
for recruitment, employment, and discipline in the Civil Service Code;
Represent the Authority in all dealings with other offices, agencies, and
instrumentalities of the government and with all persons and entities, public or
private;

Sign agreements and/or contracts on behalf of the Authority, including those for
expert and consultant services and other reports of accountabilities emanating
from the Authority; and


m) Perform such other functions that the Board may direct to carry out provisions of
this Act.
SEC. 8. Executive Director. — An Executive Director shall be appointed by the
President of the Philippines upon recommendation by the Chairperson: Provided, that no person
shall be appointed as Executive Director unless he/she is a holder of a degree in any of the fields
provided for in the preceding section.

The Executive Director shall assist the Chairperson in carrying out the functions of the
Authority and shall, likewise, serve as the Secretary of the Board.

SEC. 9. Board of Directors. — The Authority’ s overall directions and thrusts shall
be provided and approved, unless provided otherwise in this Act, by the NDSA Board of
directors, hereinafter referred to as the Board. It shall be composed of the following members:

(a) The Secretary of the Department of National Defense;

(b) The Secretary of the Department of Public Works and Highways;

(c) The Secretary of the Department of Energy;

(d) The Secretary of the Department of Health;

(e) The Secretary of the Department of Social Welfare and Development;

(f) The Secretary of the Department of Agriculture;

(g) The Secretary of the Department of Environment and Natural Resources;
(h) The Secretary of the Department of Interior and Local Government;

(i) A Senator, upon designation by the Senate President, who shall be an ex officio
member;

(i) The Chairperson of the House Committee on Environment, who shall be an ex
officio member;

(k) The Chairperson of the House Committee on Ecology, who shall be an ex officio
member;

(I) The Chairperson of the House Committee on Energy who shall be an ex officio
member;

(m)A Local Chief Executive (LCE) designated by the Union of Local Authorities of
the Philippines (ULAP), Provided that the Governor of the Province where the Dam
is located shall be represented in the Board;


(n) The respective Presidents of the League of Cities and the League of Municipalities;
(0) The Administrator of MWSS;

(p) A Representative from the NWRB;

(q) A Representative from the National Power Corporation (NAPOCOR);

Three (3) representatives from the private sector to be appointed by the President, upon the
recommendation of the Board comprising of one (I) representative each from the:

(1) Energy Sector
(2) Water Sector; and
(3) Irrigator’s Sector

The term of three (3) representatives from the private sector shall be six (6) years:
Provided, That at the initial appointment of such members, the second member to be appointed shall
only serve a term of four (4) years and the third member to be appointed shall only serve term of two
(2) years: Provided, further, That they shall continue to hold office until their successors shall have
be appointed. All vacancies, prior to the expiration of the term, shall be filled for the unexpired term
only.

Members of the Board shall receive a per diem of not more than Five Thousand pesos (Php
5, 000.00) for every Board meeting: Provided, however, That the per diem collected per month does
not exceed the equivalent of four (4) meetings: Provided, further, That the amount of per diem for
every Board meeting may be increased by the President but such amount shall not be increased within
two (2) years its last increase.

The Board shall have the following functions:
(a)Provide direction and guidance for the Authority's work on dam safety;

(b) Ensure that the goals and policies of the Authority are consistent with the overall national
development goals and objectives;

()Ensure that the programs of the Authority are consistent with regional and local
development plans, programs and projects and vice versa for purposes of harmonization;

(d)Create committees/task forces as may be deemed necessary in the accomplishment of
duties and functions;

(e)Determine schedules, establish voting procedures, criteria for the constitution of a quorum
and other rules and regulations in the conduct of Board meetings; and

(8 Perform such functions as may be necessary to carry out the purposes of this Act.

SEC. 10. Executive Committee. — The Board shall constitute an Executive Committee,
hereinafter referred to as the Exe Com, from among its membership to act, for and on its behalf when


the Board is not in session, on urgent matters as may be deemed necessary by the Chairperson. To
ensure inter-regional representation and participation, the following shall comprise the Exe Com:

(a) The Chairperson;
(b) The Executive Director; and,
(c) The Representative from the Private Sector.

SEC. 11. Organizational Structure. — The Chairperson, upon approval of the Board, shall
determine the organizational structure, staffing pattern and pay scales of the Authority subject to
existing civil service and compensation laws. The Chairperson may reorganize the Authority and may
create or abolish divisions, units or branches therein as the exigencies of the affairs of the Authority
may require.

SEC. 12, Merit System. ~ All officials and employees of the Authority shall be selected
and appointed on the basis of merit and fitness in accordance with civil service law, rules and
regulations. The recruitment, transfer, promotion, and dismissal of all its personnel including

temporary workers shall be governed by a merit system that will be established by the NDSA in
compliance with existing laws, rules and regulations.

SEC. 13. Transitory Provision — The present agencies tasked to manage and operate dams
shall make the necessary preparations and turn-over the management, control and operation of the
dams under the control and management to the Authority one year after the affectivity of this Act.
Provided, that such present agencies may retain management and control of dams if the Authority shall
delegate the same as may be determined by the Board. Within one (1) year from the affectivity of this
Act, the Authority shall submit to the President and to both houses of Congress the National Dam
Safety Plan.

SEC. 14. Penalties. — The consultation with all stakeholders shall be mandatory upon the
Authority particularly in times of emergency. In times of calamities, typhoons and other disasters
which affect dams, it shall be mandatory that the Authority, through the Executive Committee shall
confer with concerned agencies and stakeholders on the status of dams, including water levels and
other information that are relevant to ensure the safety of the people. .The Authority shall conduct a
massive public information on their action during emergency situations including issuance of early
warning devices. Failure to conduct consultations and the disclosure of relevant information to the
public is hereby penalized with imprisonment of not less than three (3) months to six (6) years
imprisonment and a fine ranging from One Million Pesos (Php 1M) to ten Million Pesos (Php IOM)
upon the discretion of the court.

SEC. 15. Appropriations. — The amount necessary to finance the initial implementation of.
this Act shall be charged against the current year's appropriations of the Department of Public Works
and Highways. Thereafter, the current budget shall be increased by one hundred percent (100%), which
shall be included in the annual General Appropriations Act (GAA) for its continued implementation.

SEC. 16. Implementing Rules and Regulations. — The Authority shall adopt rules and
regulations to implement the provisions of this Act within sixty (60) days from the date of its approval.

SEC. 17. Repealing Clause. — All laws, decrees, executive orders, rules and regulations
or parts thereof inconsistent with or contrary to the provisions of this Act are hereby repealed or

modified accordingly.
7


SEC. 18. Separability Clause. — If any part or provision of this Act is held unconstitutional
or invalid, other parts or provisions hereof which are not affected shall continue to remain
in full force and eff

SEC. 19. Effeetivity. — This Act shall take effect fifteen (15) days following completion of
its publication in at least two (2) new pers of general circulation.

Approved,