FOURTEENTH CONGRESS OF THE REPUBLIC) 
. 
OF THE PHILIPPINES 
) 
, 
:"1> ,:«" ',S',F 
Third Regular Session 
) 
SENATE 
S. B. No. 3484 
9 
OCT 14 nr :10 
Introduced by Senator Miriam Defensor Santiago';;'-'r-:",:v 
EXPLANATORY NOTE 
Every year, the Philippines is hit by "super typhoons" that cause widespread 
devastation to crops, homes, and cost hundreds of lives. A joint study by the University 
of Adelaide, Flinders University and the University of Waikato found that the Asia 
Pacific region is among the world's most prone to environmental hazard. This regional 
"hot spot" is due to the impact from storms, water stress, coastal vulnerability due to sea 
level rise, and riparian flooding The Asian Development Bank reported that Southeast 
Asia will be among the regions worst affected by global warming . 
. Flooding causes some of the biggest damage to life and property in the event of a 
storm. A study by the Economy and Environmental Program for Southeast Asia also 
identified floods as one of the dominant hazards for the Philippines. Felipe Palafox Jr., 
an urban planning expert, estimated the cost of flooding at P20 billion annually and 
recommended that it is more practical for the government to take a preventive and pro-
active stance by investing in implementing complete strategies to deal with flooding. Just 
recently, the National Disaster Coordinating Council estimated that property damage 
from widespread flooding due to tropical storm "Ondoy" amounted to PI 0.45 billion. 
This bill seeks to protect the public from the risks caused by storms by 
minimizing the occurrence of floods and providing adaptive measures in case of failure 
of prevention. 
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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
S 
[lCT 14 1\1;:10 
SENA.JE. 
S. B. No. 
~q84 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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CREATING THE NATIONAL FLOOD MANAGEMENT 
COMMISSION 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Flood Management Act of 
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2009." 
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SECTION 2. Declaration of policy. - The State recognizes that flood prevention and 
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management are necessary to protect lives and property from the dangers caused by storms. The 
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Commission shall observe the principles of unified and national planning, consideration of all 
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stakeholders, the adoption of integrated measures for flood management, and a coordinated effort 
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from all concerned government agencies and local government units. 
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SECTION 3. Creation and Composition of the Commission. - There is hereby created a 
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National Flood Management Commission, under the supervision and administrative control of 
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the President, hereinafter referred to as the Commission, whose members shall be composed of a 
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chairperson and four (4) members who shall be appointed by the President of the Philippines. 
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SECTION 4. Powers andfunctions of the Commission. - The Commission shall have the 
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following powers and functions: 
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(a) Study, consider and determine with a sound public policy regarding flood prevention, 
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flood control and flood protection; 
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(b) Compile figures on past and current flood damages and information and scientific 
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data relative to the recurrence of floods; 
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(c) Recommend changes to clean out, widen, deepen, straighten, change, alter, divert, or 
eliminate in whole or in part the course or terminus of any natural or artificial water 
stream; 
(d) Recommend the construction, take over, maintenance, and operation of dams, 
reservoirs, holding or impounding basins, flood gates, and similar structures; 
(e) Recommend the construction of dikes, levees, or other artificial barriers to protect 
against the inundation of property; 
(f) Assist local government units in the promulgation and implementation of effective 
flood plain management regulations and practices; 
(g) To coordinate the flood management activities of local and appropriate national 
agencies; 
(h) To prepare and distribute information and to conduct educational activities that will 
help the public and local government units in complying with the purposes of this act; 
(i) To provide local governments having jurisdiction over flood-prone lands technical 
data and maps adequate to develop or support reasonable flood management 
regulations; 
(j) To adopt and promulgate rules and regulations establishing minimum standards for 
local flood plain management regulations; 
(k) To provide local governments and other state and local agencies with technical 
assistance, engineering assistance, model ordinances, assistance in evaluating permit 
applications and possible violations of flood plain management regulations, assistance 
in personnel training, and assistance in monitoring administration and enforcement 
activities; 
(I) To serve as a repository for all known flood data in the country; 
(m)To assist national or local agencies in the planning and implementation of flood plain 
management activities, namely, flood warning systems, land acquisition programs, 
and relocation programs if necessary; 
(n) To enter upon any land or body of water for the purpose of making any investigation 
or survey. 
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SECTION 5. Qualifications of the Chairperson and Members of the Commission. - The 
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chairperson and the members of the Commission shall, at the time of their appointment, possess 
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the following qualifications: 
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(a) A citizen and resident of the Philippines; 
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(b) The chairperson shall be a civil engineer with at least fifteen (15) years of practice; 
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(c) The four (4) members of the Commission shall include: 
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(I) An expert in soil management; 
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(2) A geologist; 
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(3) An expert in waterways; and 
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(4) A representative from the Department of Public Works and Highways; 
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SECTION 6. Term of Office. - The chairperson and the members of the Commission 
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shall hold office for a term of three (3) years from the date of their appointment and until their 
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successor/s shall have been appointed: Provided, that the members of the first appointed 
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Commission shall hold office for the following terms: one (l) member as chairperson, to serve 
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for three (3) years; two (2) members to serve for two (2) years; and two (2) members to serve for 
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one (l) year. 
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The chairperson and the members of the Commission may be reappointed for a second 
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term but in no case shall he/she serve continuously for more than six (6) years. Any vacancy in 
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the Commission shall be filled for the unexpired portion of the term of the member who vacated 
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the position. On the constitution of the first Commission, the chairperson shall automatically be 
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registered and issued certificates of registration and professional identification cards. Each 
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member of the Commission shall take the proper oath of office prior to the assumption of duty. 
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SECTION 7. Removal of the Chairperson and Members of the Commission. - The 
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chairperson or any member of the Commission may be suspended or removed by the President 
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for neglect of duty; abuse of power; oppression; incompetence; unprofessional, unethical, 
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immoral or dishonorable conduct; or for any final judgment or conviction of any criminal offense 
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involving moral turpitude. 
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SECTION 8. Annual Report. - The Commission shall, at the close of each calendar year, 
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submit an annual report to the Chairperson of the Senate Committee on Urban Planning, Housing 
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and Resettlement and Chairperson of the House of Representatives Committee on Housing and 
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Urban Development. 
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SECTION 9. Appropriations. - The Department of Public Works and Highways shall 
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immediately include in the Department's programs the implementation of this Act, the funding 
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of which shall be included in the annual General Appropriations Act and every year thereafter. 
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SECTION 9. Separability Clause. - If any clause, sentence, paragraph or part of this Act 
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shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair 
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any other part of this Act. 
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SECTION 10. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
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with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION II. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
abgl1211 0/09 
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