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SILLS AN INDEX SERVICE

Republic of the Philippines
HOUSE OF REPRESENTATIV:
Quezon City, Metro Manila

SEVENTEENTH CONGRES!
Second Regular Session

854

House Bill No.

Tatroduced by HON. LINABELLE RUTH R. VILLARICA
4™ DISTRICT, BULACAN

EXPLANATORY NOTE

Environmental laws must be attuned to the demands of climate change as well as the
socio- economic needs of the increasing number of people living in our communities.

Presently, however, Presidential Decree No. 705, otherwise known as “The Revised
Forestry Reform Code of the Philippines” requires that for the Department of Environment
and Natural Resources to revert fishponds with Fisheries Lease Agreements (FLAs) to forest
lands the same must have been unutilized and abandoned for a period of five (5) years from
the time it was release for such purposes. This period is deemed too long for such fishponds
to be utilized for purposes other than that it was intended, such as using it for mangrove
propagation to address the devastating effects brought about by climate change or for
promoting eco-tourism activities to jumpstart the economy of communities wanting in socio-
economic development.

To effectively implement the provision on the reversion of fishponds as well as the
Fishpond Lease Agreements (FLAS) issued by the Bureau of Fisheries and Aquatic Resources
(BFAR) of the Department of Agriculture, covering fishponds, the DA should be mandated to
prepare with the Department of Environment and Natural Resources (DENR), a joint
guidelines in determining abandoned, undeveloped or underutilized fishponds.

This bill seeks to address these concerns.

This bill was filed during the 16" Congress but was not taken up due to time
constraints. ‘This is re-filed for the consideration of the 17" Congress.

Support for the enactment of this measure is eamestly requested.

Spbctlanian

REP. LINABELLE RUTH R.VILLARICA,


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

SEVENTEENTH CONGRESS
Second Regular Session

854

House Bill No,

Introduced by HON. LINABELLE RUTH R. VILLARICA
4" DISTRICT, BULACAN

AN ACT REVERTING FISHPONDS TO FOREST LANDS WHICH HAVE BEEN
UNUTILIZED OR ABANDONED FOR A PERIOD OF THREE (3) YEARS TO THE
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, AMENDING FOR
THE PURPOSE SECTION 43 OF PRESIDENTIAL DECREE No. 705 OTHERWISE
KNOWN AS THE REVISED FORESTRY REFORM CODE OF THE PHILIPPINES

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

SECTION 1. Section 43 of Presidential Decree No. 705, otherwise known as “The
Revised Forestry Reform Code of the Philippines” is hereby amended to read as follows:

SECTION 43. Swamplands and Mangrove Forests. ~
XXX

Mangrove and other swamps released to the Bureau of
Fisheries and Aquatic Resources for fishpond purposes which
are not utilized or which have been abandoned for [five (5)]
THREE (3) years from the date of such release shall revert to
the category of forest land.

THE DEPARTMENT OF AGRICULTURE AND THE
DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES SHALL DETERMINE IN A SET OF JOINT
GUIDELINES, ABANDONED, UNDEVELOPED OR
UNDERUTILIZED FISHPONDS COVERED BY FISHPOND
LEASE AGREEMENTS (FLAs).

SEC. 2. Separability Clause. - If any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other provisions
hereof.


SEC. 3. Repealing Clause, — All laws, decrees, executive orders, issuances, rules and
regulations, or parts thereof inconsistent with this Act are hereby repealed or modified
accordingly.

SEC. 4. Effectivity. - This Act shall take effect after fifteen (15) days from the date of
its publication in the Official Gazette or in at least two (2) newspapers of general circulation,

Approved,