Republic of the Philippines
HCIUSE ST REFRESENTATIVIS
Constitution F{ills. Quezon City
NINETEENTH CONGRESS
First Regu.ktr Session
HOUSE BILL NO.
Introduced by 2'd District of Agusan det Norte Representative
HON. DALE B. CORVERA
AN ACT
CREATING THE LAKE MAINIT DEYELOPMENT AUTHORITY,
PRESCRIBING ITS POWERS, FI]NCTTONS AND DUTTES,
APPROPRIATING FUFIDS TIIEREFOR, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Lake Mainit is the tburth largest lake in tire Philippines located at Northeastem
Mindanao. Its total surface area of 173.4A square kilometers is shared by the provinces of
Agusan del Norte and Sr:rigao del Norte"
The socioeconomic contribution of the lake the provinces of Agusan del Norte and
Surigao cle1 Norte cannot be overemphasized. Through its rich suppl-v af fislr, the lahe serves
as a major source of tbod and livelihood for the communities surrounding it. It also serves as a
source of irrigation fbr the croplands around it. The lake also serves as a major ecotourism
destinatir:n anC likervise supports the operation of a 25-L{esawatt hydroelectric pou,er plant
which supports the local grid with additional power supply lvhile also providing some measure
of flood control.
With the increase in population residing at the Lake Mainit area, lack of unified
protection mechanism or measures, and the lack of a designated arithoritl,- rvhich rvill enftrrce
these measut"es, the destructive activities in the Lake fufainit area, such as logging, illegal
fishing and u'ater contamination. becomes rampant.
Althaugh there exists Lake Mainit Developn'renl Alliance, composed of the trvo
atbrementioned provinces" the municipalities of Tubay. Santiago, Jabonga, and Kitcharao - all
fi'crn the prcvince of Aglrsan delNorte, the municipalities of Alegria, N,{ainit. Tubod" and Sison
* all trom the province of Surigao del Norte, the National Economic Development Authority,
the Department of Natural Resouces, the Depaftment of Agriculture" the Bureau of- Fisheries
and Aciuatic Resources. the Department of Torirism ancl the i'}hilippine Information Agenc3,.
which serves as the coordinating body of muiti-stakeholders in preserving and prornoting the
Lake Mainit ecosystem, the Alliance is scarce in funding ancl lacks tull-time personnel to
achieve its general goal ofproperly managing the Lake Nr{ainit ecosystem and develop potential
resources in order to redttce povert-v and improve the quality of life of the people in the area.
August 3, 2022
1:18 pm
3054


-
This representation believes that through the creation of an authority. initially funded
b;,, thc national go\refi)ment u,hile at the same time capable of raising its own funds. mandated
to protect. promote and develop the Lake Mainit area, long-term sustainable balansed growth
will be realized.
In view of the foregoing, approval of this bill is earnestly
CORVORA
Agusan del Norte


Republic of the Philippines
HfiUSE OF REPRESENTATIVES
Constitution Flills. Quezon Ci[,
NINETEENT}I CONGRESS
First Regular Session
HOUSE BILL NO.
Introduced by 2nd District of Agusan del Norte Representative
HON. DALE B. CORVERA
AN ACT
CREATING TTIE LAKE MAINIT DEVELOPMENT AUTHORITY,
PRESCRTBING ITS POWERS, FUNCTIONS AI\[D DUTIES,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PI]RPOSES
Be il enacted by the Senate and l{ause o.f Reltresentatives of the Philippine.s in ('ongre .;s
assemhled:
Section l. Short Title. - This Act shall be known as the "Lake N4ainit Development
Authority Act."
Section 2. Declaration o{ Policies. - [t is herehy declared the polio of the state to
promote. and accelerate the development and balanced growth of-the Lake ivfainit area and the
surrounding provinces, cities and towns hereinafler referred to as the area. llithin the context
of the national and regional plans, policies" and programs tbr social and economic development
and to carry out the development of the Lake Mainit area u,ith due regard fbr environmental
firanagement and control, preservation of the qualitl. o1'human lite and ecological systems, and
the prevention of undue ecological disturbances, deterioration and pollution.
Section 3. {'realion aJ- L*ke hlainil Det,elopntent Authorill-. - For the purpose of
carrying clut and effecting the declared policy, as provided for in Section 2 hereof. there is
herehy created a body corporate to be know'n as the Lake Mainit Development Authoritv,
hereinafter referred to as the Authority, which shail be organized rvithin one hundred twenty
(120) days after the efllctivity of this Act. It shall be composetl of a governing board of
directors to be known as Lake Mainit Development Board, and the Managemenl.
3054


The Authority shall execute the powers and functions herein vested and conferred upon
it iir such a mai:]ner as u.ill. in its judgment. and to the fullest possible extent in carry"ing cut the
aims and purposes set forth below. The Authority shall have perpetual existence unless
abolished b1, a subsequent iarv.
Section 4. Location oJ-Principal (ffice" - The Authority shall maintain its principal
office at a conyenient place w-ithin the area, but it may,'have branch othces in such other places
as are necessary for the proper conduct ofits business.
Section 5. Pov,ers ancl Frmclians of'the Boartl. - The Lake \,lainit Development lJoard
(LMDB) shall have the following powers and firnctions:
(a) To adopt, alter and use a corporate seal:
(b) To adopt, amend, and repeal its b1,-lau.s not contrary to law. morals, or public
policy, and to amend or repeal the same in accordance lr,ith the provisions of
existing laws;
(c) 'Io enter into contracts of any kind and description, to enable it to carry. out its
purposes and functions under this Act;
(d) T'o acquire" buy, purchase" hold or lease, such personal and real properly as it deems
necessary or convenient in the transaction of its business andlor in relation with
carrying out its purposes under this Act; and to lease. mofigage. sell. alienate. or
otherwise encumber, utilize, exploit or dispose any such personal and real property
held by it, subject to prior or existing inclividual or conlmunal right ofprivate parties
or of the government or any agency or enterprise thereof;
(e) To enter into ioint ventures or partnerships for the purpose of prornoting its
services:
(f) To exercise the right of eminent domain ',vhenever the Authority deems it necessary
for the attainment of the objectives of the Authority under this Act; To formulate,
prescribe" amend and repeal rules and regulations to govern the conduct ofbusiness
of the Authority;
(g) To appoint and fix the compensation of all olficiais from division heads and above,
and others of comparable rank;
(h) By a majority vote of all rnembers of the Board, to suspend. remclve or othenvise
discipline tbr just cause all olhcials appointed by the Board;
(i) fo appror.e the annual and/or supplemental budgets of the Authorifi,
0) To raise, borrow or obtain funds from any souree, private or public. foreign or
ttromestic, and to enter into any hnancial or credit arrangement in order to suppofi


and cany out its ob.iectives and purposes, subject to the approval of the Monetary
Eoard of the tsanglio Sentral ng Pilipinas Llpotl the reconrmendation of the
Department of Finance and to other pertinent lau,s governing public debt and
er psnJ itnre:
(k) 'Io receive donations and grants from any source whether local or foreign and avail
of official developrneilt assistance and concessional ioans prorridetl b3, foreign
goverrunent, foundations, 01' fi nancial instituti ons ;
(l) To purchase, hold, alienat*, mofigage, pledge or othenvise dispose of the shares of'
the capital stock of or any bond. securities. or other evidence of indebtedness
created by any other corporaticn, co-partnership, or goverrrnent agencies or
instrumentalities; and while the ow'ner of said stock to exercise all the rights or
ownership, including the riglit to rrote thereon: Provided, f'hat the Authority shall
not invest its funds in any highly risky debt instruments issued without recourse to
comrnercial banks or investment houses as well as in any highly speculative stocks;
(m) For canf ing on its business. or for the purpose of attaining or fur:thering any of its
objectives, to perform any and altr acts rn,hich a corporation, co-partnership, or
natural person is authorized to perform under the laws now existing or which ma-v
be enacted herealler; and
(n) To issue such rules and regulations as may be necessary to effectively carry out the
po\ iers and purposes herein pror.ided including the plans, programs and projects of
the Authority. which shall take effect thirty (30) days after pubiication thereof, in a
newspaper of general circulation.
Section 6. Composition of the Bourd. * The Lake Mainit Development Board shall be
composed o1'19 members as ttrllolr,s:
Chairperson: 
The Secretary of NEDA
Vice-chairpersons: Covernors of Agusan del irtrorte and Surigao del Norte
Members: 
Secretary of Agriculture
Secretary of' Environment and Natural Resources
Secretary of Interior and Local Government
Secretary of Public \\rorks ancl Highr,r.ays
Secretary of Trade and Industry
Secretary of Tran sporlation
Ivtayor of the Municipality of Jabonga. Province of Agusan del Norte
fu{ay,or of the Municipalit,,-' of Kitcharao, Province cf Agusan del Norte


Mayor of the Municipality of Santiago. Province of Agusan del Norte
Ma,vor *f'the X4unicipalitl.'of 'fubay- Province of Agusan del Norte
Mayor of the Municipality of Alegria, Province of Surigao del Norte
Mayor of the N{uuicipality of Vlainit, Province of Surigao de1 Norte
I\{ayor of the Municipality of Siscln, Province of'surigao del Norte
Mavor of the Municipalit--v of T'ubod, Province of Surigao del Norte
Administrator of Lake Mainit Development
One (1) Representative fiorn the private sector
The officials next in rank to the regular members shall serve as pennanent alternate members,
except that, in the absence of the Chairperson. the Board shall elect a ternporarn presiding
officer.
The Board shall meet regularly at least once every quarter and may hold special meetings to
consider urgent matters upon call of the Chairperson or any ten (10) members thereof. A
majority shall constitute a quorum for the transaction of business.
Section 7. Management Head. - The management ol'the Authority shall be vested in
the Lake lvlainit Deveiopment Administrator.
Section 8. The Administr'{ltor. - The Lake Mainit Development Administrator shall be
appointed b,v the President for a term of six years: Provided. That upon the expiration of the
former's term, the Administrator shall continue to serve until his/her successor shall have been
appointed and qualified: Provided, furlher; That no vacallcy sirall be filled except for the
unexpired portion of the term.
T'he Lake Mainit Development Adrninistrator shall be a citizen of the Philippines, at least 35
3'ears old on the clite of hisiher appointment, of good moral character. of recognized executive
ability and competence in previous employment. with adequate training ancl experience in
public administration, economic planning. resource managelxent, or in the establishment and
management of large agricultural. industrial or commercial enterprises, or in other similar and
retrated aspects.


The Administrator shall be directly be responsible to the Board, and shall have powers,
{r:nctions and duties as provicieC in ihis Act. F{e/she shall receive a remuneration equivalent to
the Administrator of the Laguna Lake Developrnent Authority.
Section 9. Pov;ers qf the Administrator'. - Subject to the general supervision and
corttrol of the LMDB, the Administrator shail have the followirlg po\\'ers. ftinctions and duties:
(a) To implement. enforce and appi1, the policies, programs. standards, guidelines,
procedures, clecisions, and ruies and regulations issued- prescribed or adopted by
the LMDB pursuant to this Act;
(b) To undertrke. researches, studies, inr.estigations and other activities and projects,
on his own initiative or upon instructions of the LMDB, and to submit
cotlprehensive reports and appropriate recommendations to the Board fbr its
information and action;
(c) To manage tl"re affairs of the Authority sribject to the provisions of this Act and
applicable laws, orders" ntles and regulations of other appropriate government
eutities;
(d) To make a comprehensive survey of the physical and natural resources and
potenfialities of the Lake Mainit area parlicularly its social and economic
conditions, hydrologic characteristics, power potenlials, scenic and tourist spots,
regional problems. and on the basis thereof, to draft a comprehensive and detailed
plan designed to conserve and utilize optimally the resources within the area
particularly Lake N4ainit, to promote the area's rapid sociai and economic
development and upon approval by the LMDB of such plan, to implement the same
including projects in line lvith said plan: Provided, That irnplementation of ail
fisheries plans and programs of the authority shall require prior consensus of the
Bureau of Fisheries and Aquatic Resources to ensure that such plans and programs
are corlsistent with the national fisheries plans and programs. For the purpose of the
said survey, atrl relevant government offices, agencies, instrumentaiities, including
government-owned or conffolled corporations, government financial institutions,
and l-ocal Government Units, as vueil as private entities shal1 provide necessary
data and intbrmation except those which under existing laws are deemed inviolable:
(e) To extend the necessary. planning. management and teshnical assistance to
prospective and existing investors in the area:


(f) To make recommendation to the proper agencies on financing, technical suppoft,
physical assistance and, generally, the ler.el of priori6, to be accorded. agricultural,
industrial and commercial projects, soliciting or requiring direct help from or
through the government or an--v of its instrumentalities;
(g) T"o pass upol1 and approve or clisapprove ali plans. programs, and projects proposed
by local govemment cfticeslagencies within tire area, public corporations. and
private persons or enterprises where such plans, programs andlor projects are
related to those of lhe Authorit-v lbr the development of the area as envisicned in
this Act. The Adniinistrator shall issue the necessary clearance for approved
proposed plans, programs, and projects within thirti," (30) days from submission
thereof unless the proposals are not in consonance with those of the Authority or
that those rvill contribute to the unmanageable pcllution oithe Lake Mainit waters
or u,-ill bring about the ecological imbalance of the area: Provided, fuilher" That the
Administrator is hereby empolr'ered to institute recessaq/ legal proceeding against
an,v person who shall conunence to implement or continue implementation of any
pro.ject, plan or program rvithin the Lake h,{ainit area rvithout previous cleara*ce
from the Authority: Provided, turthermore. That any local govemment office.
agency, public corporation, pril'ate person, or enterprise nhose plans. programs
and/or projects have been disapproved b1,' the Administrator ma-v appeal the
decision of the Adrninistrator to the l,MDB rl,ithin fifteen ( 151 da1's liom leceipt of-
such disapproval. Reasonable processing fees as may'' be fixed b_v the LMDB shall
be coilected by the Administratar for the processing of such plans, programs and/or
projects: Provided. fina115,. That expansion plans shall be considered as new plans
sub.ject to review of the Administrator and to pa)'ment of the processing fees.
The Authority and national and local government offices. agencies and public
crxporiticns shall coordiuate their pians. programs. projects and licensing
procedures with respect to the Lake Mainit area for the purpose of drawing up a
Lake Mainit der.elopment plan 'ovhich shali be bincling Lrpon all parties concerneci
upon approval of the LMDB;
(h) To engage in agriculture, industry, commerce. or other activities within the area
which may be necessary or directly contributory to the socio*econornic
development of the area. and" for this pllrposes" r.l'hether by itself or in cooperation
with pril.ate persons or entities, to organize, finance, invest in, and operate


sr"rbsidiary corporations: Provided. That the Administrator shall engage only,
$nless public interest requires otherr+'ise, ln those actit,ities as are in the nature of
new ventures or are ctrearly beyond the scope, capacitS,, or interest of prir ate
enterprises due to consideraticn of geography, technical or capital requirements.
returns on investment, and risk;
(i) To plan. program, finance and/or undertake infrastructtre projects such as river,
llood and tidal control works. waste water and sewerage works, \\.ater supply,
roads. portrvoiks, irrigaticn. and related rvolks. *,hen so required rvithin the cclntext
of- its development plans and programs including the readjustment, relocation, or
resettlernent of population, in coordination rvith the proper agencies. within the area
as ma-v be deemed necessaly and beneficial by the LMDB: Provided. That should
any project tre financed wholly or in pafi by the Authority. it is hereby authorized
to collect reasonable fees and tolls as may be fixed b,v the LMDB from users and/or
beneficiar:ies thereof to recover costs of construction, operation and maintenance of
the projects: Provided, turther, That if- the Authority should find it necessary to
undertake sr"rch inllrastructure projects u,hich are classified, as social overhead
capital proiects as determined by the LMDB, the Authority shall be authorized to
receive flnancial assistance from the government in such aflrount as may be
necessary to carry out the said projects subject to such terms and conditians that
may be inrposed b1' the government: Pr:ovidecl. finall-v-, That such amount as may
be necessary ltrr the pulpose is hereby authorized to be appropriated out of the funds
of the National Treasury not otherrvise appropriated;
fi) To make an annual report to the stockholders regarding the operation of the
Ar"rthority more particularll' a statement of its finaucial conditions. activities
undertaken, progress of projects and programs and plans of actions for the incoming
years: Provided, hov,e1,er,'Ihat a majority of the stockholders nlay require the
Authoiity to submit report or reports other than the annual repoft herein required,
which reporl mrist be submitted within a period ot thirty (30) days fiom notice
thereof;
(k) T-o lend or facilitate the extension of flnancial assistance andlor act as suretv or
guarantor to worlhwhile agriculturai, industrial and commercial enterprises;
(l) To reclaim or cause to be reclaimed portions of the Lake or undertake reclamation
projects and/or acquire such lrodies of land fiom the lake w.hich may be necessary
to accomplish the aims and purposes of the Authority subject to the approval of the


LMDB: Frovided, T.hat the lancl so reclaimed shall be the property of the Authoritl,
and titie theret* shall l:e vesterl in tlte Atitirority: Provided. lurtirer, Tirat the
resulting lakeshore area shall continue to be owned by the national govemment;
(nt) The provisions of existing iaws to the contrary notwithstandirrg, to engage ir"r iish
production and other aqua-culture prr:jects in Lake Mainit and other bodies of water
lr,ithin its jurisdiction and in pursuance thereof to conduct studies and make
experiments, whenever necessar,v. with the collaboration and assistance of the
Bureau of Fisheries and Aquatic ltesources. u,ith the end in vierv of improl.ing
present techniques and practice. Provided, That until modified, altered or amended
by the procedure provided in the follorving sr-rb-paragraph, the present lar,vs, rules
and permits or authorizations remain in fbrce;
(-n) Por the pqpose of efl'ectively regr:iating and rnonitoring activities in Lake hlainit.
the Authority shall have exclusive jurisdiction to issue new permit tbr the use of
the lake waters for any projects or activities in or aiTecting the said iake including
navigation. coustruction. and operation of frshpens, fish enclosures, fish corrals and
the like. anC to impose necessary safbguards for lake qualitl' control and
management and to collect necessary fees for said activities and
projects: Prottitled, That the fees collected for fisheries ma.v be shared between the
Authority and other govemment agencies and political sub-divisions in sucli
proportion as nla)' be eletermined by the Presidert cf the Philippines r-rpon
recommendation of the LMDB: Prot,ided,.fiu'ther, That the LN{DB may determine
ne\v areas of fisheries development or activities r.rhich it may place under the
supervision of the BFAR. taking into account the overall development plans and
programs fbr Lake L4ainit and related bodies of rvater: Provic{etl, /inally, That the
LMDB shall. in coordination with relevant goverarment agencies. promulgate such
rules and regulations r.vhich shall govern fisheries development activities in Lake
Mainit' which shall take into consideration among others the following:
socioeconomic amelioration of bona llde resident fisheman *.hether individualli,
or coliectively in the lbrm of cooperatives, lakeshore town development, a master
plan tor lishpen construction and operation, comrnunal fishing ground fbr lakeshore
town residents, and preference to lakeshore town residents in hiring laborers tbr
{ishery projects;
(o) To require the cities and municipalities embraced u'ithin the area to pass
appropriate zoning crdinances atrd other regulatory rneasures necessary to carn out


the ob-iectives of the Authority and enforce the same with the assistanoe of the
Authorit3-:
(p) The provisions of existing law-s to the contrarl, notwithstanding, to exercise water
rights over public rvaters rvithin the i,ake Mainit area u,henever tlscessary to cauy
out the Authority's projects;
(q) I'a act in cocrrlinali*n ra,-ith eristing goyenrnlental agencies in establishing *ni{irnn
water quality standards for industrial. aglicultural and municipal x,aste clischarges
into the lake ancl to cooperate ivith saicl e-sistirg agencies of the govelxnleilt ct'ihc
Philippines in enlbrcing such standards. or to separately pursue enforcement and
penalt;'' actions as provided lar in paragraph (S) of this Section and Section 13 of
this Act;
(r) To develop \4'ater supply from grcui:ld andlor lake rvater resources tbr nrunicipaX,
agricultural and industrial usages. in coordination with the lrlational Water
Resources Council created by Presidential Decree Nc. 424 dated March 28, 1974
or its successors in interests, and to enter into agreements rr,,ith municipalities,
governmental agencies and coqporations and tire private sector to supply, distribr"ite
and market such water;
{s) Undertake studies on the imprr:vement irnd maintenance of the desirable lake rvater
quality of Lake Mainit, and in pursuance thereot, prepare a w'ater quality
management program on a continuing basis. rvhich the Ar_rthoritl, shali caruy out
with the assistance and support of all national and local govemment units involved
in water quaiif manage:rrent;
(t) Implernent the rules and regulations issued hy the LMDB;
{u) Delegate his porvers in r.r,riting to other ranking offic,ials of the Authcrity; Pravided,
That he/she informs the LIVIDB of such delegation promptly; and
(v) Periorm such other duties as the Board ma-v assign, and such acts as malr g.
necessary and proper to implement this Act.
Section 10. Compensalion./romJ'ailure to meet vtaler und effiuent quulity stundards. -
Co*ipensation for alamages to the nater and aquaric resources of Lake fulainit an,J its tributaries
resr"rlting from failure to meet established u,ater and effluent quality standards or from such
other wrongflul act or omission of a person, private or public, juridical or othenvise. punishable
under the law shall be awarded to the Authority to be earmarked for water quality control and
managernent.


Section 11. Collection affeesfor beneficial purpose. - The Authority is hereby empowered
to callect annual fees as provided for in Section 9(n) herein, for the use of the lake rvaters and its
tributaries for all beneficial purposes including recreation, municipal, industrial, agricultural,
fishedes, navigation and waste disposal purposes. All the fees so collected shall be used for the
management and development of the lake and its watershed areas: Provided, That the rates of the
fees to be collected shall be subject to the approval of the President of the Philippines.
Section 12. Attachment to the NEDA. - The Authority shall be attached to the NEDA for
poiicy, planning and program coordination only.
Section 13. Penal and Civil Liabili4t Clause. Any person, natural orjuridical, who violates
any provision of this Act, or the rules and regulations thereof, shall, upon ccnviction, be liable to
imprisonment of not exceeding three (3) years or to a fine of not exceeding Fifty Thousand Pesos
(P50,000.00) or both at the discretion of the Court.
If the violator is a corporation, partnership, association or entity, the penalty shall be
imposed cn the responsible officer cr officers of the organization.
The Authority is hereby authorized to pursue separate civil actions for damages resulting
from infractions of the provisions of this Ac! rules or regulations issued pursuant thereto andlor
conditions embodied in the clearances or permits issued by the Authority.
Secfion 14" Apprapriations. * The amount of Fifu Million Pesos (P50,000,000-00) is
hereby appropriated out of any funds actually available in the National Treasury of the Philippines
not otherwise appropriated, as certified by the National Treasurer. Thereafter, such sums as may
be necessary for the continued implementation of this Act shall be included in the annual General
Appropriations AcL
Section 15. Implementing Rules and Regulations. - Within ninety (90) days from the its
constitution, the Board of Directors shall formulate the rules and regulations for the effective
implementation of this Act.
Section 16. Separability Cktuse. - Il far any reason, any section, clause or term of,this Act
is held to be illegal, invalid, or unconstitutional, such parts not affected by such declaration shall
remain in full torce and effect.
Seetion 17. Repealing Clause. - All laws, presidential decrees, issuances, executive orders,
lefiers of inskuction, rules, and regulations inconsistent with the provisicns of this Act are hereby
repealed or modified accordingly.
Section t8. Effectivity Clcuse. - This Act shall take effect filteen (15) days after its
publication in the Official Gazette or in a nel^rspaper of general circulation.
Approved.