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

FIFTEENTH CONGRESS
Second Regular Session

5276

HOUSE BILL NO.

Introduced by:

Gabriela Women’s Party Reps. LUZVIMINDA C. ILAGAN and EMMI A. DE JESUS,
yan Muna Reps. TEODORO A. CASINO and NERI J. COLMENARES,
Anakpawis Partylisi RAFAEL V. MARIANO, ACT Partylist Rep. ANTONIO L. TINIO,
Kabataan Partylist Rep. RAYMOND V. PALATINO and Reps. !SIDRO T. UNGAB (LP),
M.A. ANGELICA AMANTE-MATBA (LP), YEVGENY VINCENTE B. EMANO (NP),
MA.CARMEN ZAMORA-APSAY (LP) and JOSE F. ZUBIRI Ill (Lakas-CMD)

EXPLANATORY NOTE

Mindanao has four major river systems. These are the Mindanao River (better known as the Rio Grande de
Mindanao), Agusan River, Davao River and Cagayan de Oro River. With a drainage area of 23,169 square
kms., Rio Grande is easily the biggest river system in Mindanao and, with a length of 373 kms., the second
longest in the country. Coming next is the Agusan River, the second biggest river system in the island with
a drainage area of 10,921 square kms. and the third longest in the country with a lengih of 350 kms. Next
is the Davao River with a drainage area of 1,700 square kms. and length of 160 kms. and the Cagayan de
Oro River with a drainage area of 1,521 square kms and a length of more or less 90 kms.’

* Mindanao has scores of rivers but the four river systems mentioned here are the primary. Please note that this
bill speaks of river systems which, as defined herein, refer to the totality of natural elements and structures that
make up a river system. It covers not only the flowing water but also the headwaters, tributaries, distributaries,
estuaries, mouth, drainage areas, deltas, wetlands and watersheds, and the living species that can be found
therein, Please see Section 2 of this bill.

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Three of these rivers, namely, the Mindanao River, Agusan River and Davao River are highly biologically
diverse with their complex network of forest lands and watersheds, aquifers, vegetation and animal species
distributed in their variegated topography. They host a combined population of 8 million, almost a third of
the total population of Mindanao.

Given their combined drainage areas, population and the natural resources they contain, these four river
systems play a very important role in the economic development of Mindanao, particulary in the national
thrust that designates the island as the “food basket’ of the country

For centuries, these river systems served their population well as sources of food, household water and
livelinood, as structures for natural irigation, navigation and transportation, and as habitat for human
settlement, But at present, though they remain as provident resources for human needs and economic
endeavour, establishing contact with them to win life anew every day has become highly risky as these
river systems are in various stages of degradation and destruction.

Since the 1960s, with Luzon and Visayas already saturated with investment and development projects,
Mindanao has been the destination of choice for the calibrated penetration of foreign and local investments
into the country. Especially in the last two decades, investment in Mindanao has accelerated and increased
manifold, driven by a new round of liberalization of the national economy under the globalization regime
Some 42 % of the total foreign investments that entered the country in this period flowed into Mindanao,
This has triggered waves upon waves of unprecedented massive capital incursions into its forests
(logging), agricultural lands (banana, pineapple, palm oil, rubber, and other high value crops expansion),
and mineral resources (mining), resulting in dwindling forests, badly damaged watersheds, disrupted
aquifers and eroded soil. It is well to note that Mindanao is deforesting at an annual rate of 2.29 % which is
significantly higher than the national average. Also, 38 % of its agricultural lands are moderately or severely
eroded and, at 40 %, has the highest recorded soil erosion in non-agricultural lands.

On the heels of these massive capital incursions, infrastructure build-up and human settlements have
expanded and urbanization spilled into rural areas which added pressure on the island's natural resources
and ecological environment, to say nothing of protracted armed conflicts that have rived Mindanao.

All these exacted their toll on the river systems of Mindanao, threatening their natural viability.

With dwindling forests, their drainage areas have become flood basins during rainy seasons, bringing
calamities that were previously unheard of in the island such as flash floods in highly populated urban
centers like Davao City, Cotabato City and Cagayan de Oro. Watershed destruction, exacerbated by
climate change, has caused water level depletion during dry seasons and, together with pollution from
human settlements and chemical poisoning from mining, has rendered their waters less safe for human
use. Their drainage areas and wetlands are losing their moisture and suffering from soil poisoning brought
about by chemical intensive agriculture while their aquifers are withdrawing. Erosion has caused thick
siltation that diverts or slows down the course of flux of their waters, making the rivers less navigable.
Erosion and export agricultural crops expansion have also caused the lands in their drainage areas to lose

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their fertlity. Their ecology has been disrupted and as habitat, they have become less hospitable to
endangered species and even to human settlements.

Climate change also immensely threatens these rivers. It brings prolonged periods of drought that not only
deplete water levels but also kill plants and organisms which purify river water. Torrential rains, which have
become more frequent, cause fiash floods that damage banks and dams on top of destruction to lives,
property and infrastructures that put strains on scarce financial and material resources. It is estimated that
in the last ten years alone, these calamities have inficted damages to the tune of P140 billion. With
changing geo-atmospheric patterns, the risks and danger they pose have become unpredictable.

The deterioration of these river systems also puts to risk the water resources of the island. As marked by
soil erosion and poisoning as well as water level withdrawal, their deterioration affects agriculture
productivity which, in strategic terms, will have dire consequences on goverment programs to transform
the island into the “food basket’ of the country in order to attain national food security

While this portentous process of degradation and destruction is happening, it is sad to note that
government response is highly inadequate if not misguided. Government intervenes only when one
calamity after another had already done their damage and the intervention is often one of patchwork. To
date, there is no national government body that plans the integrated development of these rivers or even
manages their abundant but threatened resources.

This has created a vacuum that, in the absence of any expressed provision of law, has been rather filed by
local government units which, lacking the resources and capability for such gigantic task, have largely
approached the problem with makeshift task forces or localized management authority. This is especially
true of river systems such as the Rio Grande and Agusan River which flow over two or more provinces. The
result is fragmented policy-making that also fragments the available resources for developing these river
systems and often leads to plans and projects wanting in harmony, synergy and sustainability.

Realizing those threats to Mindanao's major river systems and considering the natural resources they
Contain, it is the thrust of this bill to put an end to stop gap measures to the risks and dangers that
degradation and destruction pose as well as to maximize the economic potentials of these river systems so
that their significant role in the economic development of the istand can be put into ful play.

Firstly, this bill proceeds from the view that the rehabilitation, conservation and development of these river
systems are too huge a task to be left to LGUs. Given the possible funding requirements, such a task
should be the primary concern of the ceniral government and be made part of its national policy which
should be implemented on the basis of shared responsibility between the central government and the
LGUs

Secondly, it departs from the paradigm of fragmented and “after-the-damage-has-been-done” solutions to
the degradation and destruction of these rivers. It seeks to implement a time-bound, anticipatorily pro-
active, integrated, sustainable, socially equitable and community-based “teef-to-ridge” rehabilitation,
conservation and development approach to Mindanao’s major river systems. Anticipatorily pro-active must

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be stressed here not only for the calamities that are sure to come in the future but also for climate change
mmitigation.

Lastly, this bil is premised on the idea that any development in Mindanao's major river systems must not
adversely affect the people who are dependent on them for sources of livelihood. On the contrary, their
development must have these people as its primary beneficiaries.

In view of the foregoing, the authors of this bill earnestly urge for its immediate passage

ube e. - ie Hz ile
IZVIMINDA C. ILAGAN EMMI A. DE JI

Gabriela Women's Party Gabriela Women's Party

[op Ca

TE@DORO A. CASINO
Bayan OY Muna
Wiis V. MARIANO x ANTONIO ——s -

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Anakpawis Partylist ACT Partylist
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RAYM 'V. PALATINO: ISIDRO T. B
Kabataan Party Liberal Party
-— —
INCENTE B. (NO MA. ANGELICA AMANTE-MATBA
jacionati Liberal Party
JOSE F. ZUBIRI Ill
Lakas-CMD

Page


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

FIFTEENTH CONGRESS
Second Regular Session

5278

HOUSE BILL NO.

Introduced by:

Gabriela Women’s Partylist Reps. LUZVIMINDA C. ILAGAN and EMMI A. DE JESUS,
Bayan Muna Reps. TEODORO A. CASINO and NERI J. COLMENARES,
Anakpawis Partylist RAFAEL V. MARIANO, ACT Partylist Rep. ANTONIO L. TINIO,
Kabataan Partylist Rep. RAYMOND V. PALATINO and Reps. ISIDRO T. UNGAB (LP),
MA. ANGELICA AMANTE-MATBA (LP), YEVGENY VINCENTE A. EMANO (NP),
MA.CARMEN ZAMORA-APSAY (LP) and JOSE F. ZUBIRI lil (Lakas-CMD)

AN ACT CREATING
THE MINDANAO RIVER SYSTEMS REHABILITATION AND CONSERVATION AUTHORITY,
PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES,

Section 1. Title - This bill shall be known as the Mindanao River Systems Authority Act of 2011

Section 2. Definition of the Mindanao River Systems — The Mindanao River Systems refers to
the four main river systems in Mindanao, including their mountain headwaters, tributaries and
distributaries, estuaries, river mouth, river basins (or drainage areas), deltas, wetlands,
watersheds and the flora and fauna within these systems and their components.

These river systems include the Rio Grande de Mindanao with its headwaters in Pulangi River
and main tributaries in Kabacan River and in Buluan, Allah and Libungan Rivers and its
distributaries in Cotabato River and Tamontaka River and its mouth adjoining illana Bay in
Cotabato City, the Agusan River, including the Agusan Marsh, with its headwaters in
Compostela Valley and main tributaries in Umayam River, Bansa River and Ojot River and its
mouth adjoining Butuan Bay in Butuan City; the Davao River with its headwaters in San
Fernando, Bukidnon and tributary in Salug River and mouth in Davao Gulf, and Cagayan River
with its headwaters in Kalatungan Mountain in Bukidnon and its tributaries in Kalawaig River,
Tagite River and Bubunaoan River and its mouth adjoining Macajalar Bay in Cagayan de Oro
City.

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Section 3. Creation of the Mindanao River Systems Rehabilitation and Conservation Authority
There is hereby created a Mindanao River Systems Rehabilitation and Conservation Authority
(MRSRCA)

Sections 4. Composition of the MRSRCA — The MRSRCA shall be composed of a Chairperson
and five appointed commissioners. The govemor of the Autonomous Region for Musiim
Mindanao, by virtue of his office, shall automatically sit as an MRSRCA commissioner
representing the ARMM

Section 5. Qualifications and appointment of the Chairperson and Commissioners — The
Chairperson of the MRSRCA must be a resident of Mindanao for at least ten years with an
experience of at least five years in environmental conservation work or any similar field.

The Chairperson and the five Commissioners shall be appointed by the President from a list of
nominees submitted or endorsed by people's organizations, non-governmental organizations
engaged in environmental work, and other grassroots organizations.

To ensure the participation of the most vulnerable sectors of the population whose lives or
livelinood are bound up with the Mindanao River System and to ensure that their best interest
are served, three of the Commissioners shall be appointed from among the indigenous people
sector, the women sector and the fisher folks sector.

Section 6. Powers and Functions of the MRSRCA — The MRSRCA shall have primary authority
‘over the four main Mindanao River Systems mentioned in Section 2 hereof. It shall have the
following powers and functions:

a, within 30 days after the approval of this bill, delineate the inclusive areas of the
Mindanao River Systems and draft a five-year integrated, sustainable and
comprehensive plan, to be known as the Mindanao River Systems Rehabilitation and
Conservation Master Plan (MRSRCMP), for their rehabilitation and conservation. As far
as practicable, the MRSRCMP shall make full use of the integrated water resources
management framework and shail include the institution of programs and projects for the
early warning and control against flood and other geo/water-hazards, upgrading of their
biochemical oxygen demand, climate change mitigation, waste control and
management, irrigation and soil rehabilitation, enhanced navigability and pro-people
economic development;

b. ensure and oversee the implementation of the Mindanao River Systems Rehabilitation
and Conservation Master Plan within the five-year time frame;

© protect and conserve the biodiversity and ecosystem of the Mindanao River Systems
and exercise over-all management over their water resources and watersheds;

4. maintain an updated information site on the Mindanao River Systems;

@. prohibit or regulate economic activities that will affect the rehabilitation and conservation
of the Mindanao River Systems;

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f expropriate private property necessary for the rehabilitation and conservation and
development of the Mindanao River Systems or for the relocation of affected residents or
population;

@. recommend to the President or to the congressional oversight committee national
policies and programs that will promote or enhance the conservation of the Mindanao
River Systems;

fh. ensure the participation of grassroots and people's organizations in the planning and
implementation of the Mindanao River Systems Rehabilitation and Conservation Master
Plan;

i. initiate and taunch campaigns to raise public awareness on the necessity to rehabilitate
and conserve the Mindanao River Systems;

j. create a mechanism for the coordination of national and local efforts and initiatives for
the use, rehabilitation and conservation of all the water resources, watersheds and
aquifers that make up the Mindanao River Systems;

k. through its Chairperson or his/her duly-designated representative, enter into and sign, in
behalf of the Government of the Republic of the Philippines, contracts or agreements in
connection with the implementation of the Mindanao River Systems Rehabilitation and
Conservation Master Pian;

|. through its Chairperson or his/her duly-designated representative, make representation
before foreign or iocal institutions for raising funds for the programs and projects of the
Mindanao River Systems Rehabilitation and Conservation Master Plan; and

m. recruit and hire personnel as may be necessary for the exercise of the powers and
functions of the MRSRCA; provided, that the budgetary requirements for such personnel
shall not exceed twenty-five per cent of the total annual budget for the MRSRCA.

Section 7. Approval of the MRSRCMP - The Mindanao River Systems Rehabilitation and
Conservation Master Pian shall be approved by the Office of the President. The MRSRCMP
shall be considered approved if the President does not act on it within 30 days upon
submission.

Section 8. Terms of office of the Chairperson and Commissioners — The Chairperson and the
five commissioners shall hold office for five years on good behaviour.

Section 9. Head Office — The MRSRCA shall have a head office in any of the provinces, cities or
congressional districts covered by the MRSRCMP. The particular province, city or congressional
district shail be chosen by the commissioners of the MRSRCA

Section 10. Devolution of the MRSRCA upon completion of the MRSRCMP - Upon the
completion of the Mindanao River Systems Rehabilitation and Conservation Master Plan, the
residual powers and functions of the MRSRCA shall devolve upon the Mindanao River Systems
Administration,

Section 11. The Mindanao River Systems Administration (MRSA) and appointment of its head
officers ~ The Mindanao River Systems Administration shall be composed of an Administrator

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and two Assistant Administrators. The Administrator must have the same qualifications and
appointed through the same mechanism 2s provided for the appointment of the Chairperson of
the MRSRCA. He/she and the two Assistant Administrators shail be appointed by the President.

Section 12. Terms of office of the MRSA Administrator and Assistant Administrators - The
MRSA Administrator and Assistant Administrators shall hold office for three years upon good
behaviour. The commissioners of the MRSRCA may be appointed by the President as
Administrator or Assistant Administrators upon recommendation by people’s organizations, non-
governmental organizations in environmental conservation work, and other grassroots
organizations.

Section 13. Deputized powers aver endangered species — The MRSRCA, within its jurisdiction
as mentioned in Section 6 hereof, shall have deputized powers for enforcing the provisions of
Republic Act 9147 or the Wildiife Resources Conservation and Protection Act. Ail endangered
species listed in the Wildlife information of the Department of Environment and Natural
Resources that can be found in the Mindanao River Systems, including the flora and fauna that
are considered part of national treasure, shall be under the protective authority of the MRSRCA
concurrent with the DENR

For this purpose, upon the concurrence of the DENR, the MRSRCA shall have the authority to
issue prohibition or regulation orders for the protection and preservation of such endangered
species.

Section 14. Provision of resettlement sites and altemative livelihood for affected residents - The
MRSRCA shail ensure that any development along the objectives of constructing flood control,
rehabilitating and conserving the Mindanao River System, no economic dislocation shall occur
to the population whose fives or livelinood are bound up with the Mindanao River Systems,
Where physical relocation of affected residents is necessary for the implementation of MRSRCA
projects, no relocation shall be made unless the MRSRCA has ensured the provision of
resettlement sites and altemative livelinood for the affected residents.

Section 18. Budget - The MRSRCA shall have an annual operational budget of no less than
Three Hundred Million Pesos (P300 M). The provinces and highly urbanized cities covered by
the Mindanao River Systems shail allocate fifteen per cent (15 %) of their internal Revenue
Allocation (IRA) share as pooled budgetary funds for the maintenance and operational
expenditures of the MRSRCA. The remainder of the operational budget shall be allocated from
the Generai Appropriations Act.

Section 18. Grants and aids for MRSRCA projects and programs - Subject to the rules and
guidelines of the Commission on Audit, all funds, monies and properties that the MRSRCA
receives as grant or aid for MRSRCMP projects and programs shall be to the account of the
MRSRCA; provided, that the MRSCRA shall submit an annual report to the DBM on the
disbursement of such grant or aid.

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Section 17. Congressional oversight committee — All Representatives of districts covered by the
MRSRCA shail constitute the congressional oversight committze for the implementation of this
Act. Such @ committee shali meet once every six months to monitor the progress of the
implementation of this Act

Section 18. Repealing clause — All laws, orders, issuances, rules and regulations which are
inconsistent with this Act are hereby repealed or modified accordingly.

Section 19. Separability clause ~ If any portion of this Act would be declared unconstitutional,
the remaining portion shall continue to have force and effect.

Section 20. Effectivity clause ~ This Act shall take effect fifteen (15) days after publication in the
Official Gazette or in two (2) newspapers of general circulation

Approved,

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