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Republic of the Philippines WS

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HOUSE OF REPRESENTATIVES ZN

Quezon City ee 4
EIGHTEENTH CONGRESS y

Second Regular Session

HOUSE BILL No8925

INTRODUCED BY LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT ESTABLISHING A NATIONAL WETLAND POLICY, PROVIDING
MECHANISMS FOR ITS INSTITUTIONALIZATION, AND APPROPRIATING
FUNDS THEREOF

Wetlands provide critical food supplies including rice and fish, fresh water, fiber, and
fuel. They also serve as the habitat of various species of flora and fauna. However,
the degradation of wetlands continue due to their conversion to other land and water
uses. As a result of such degradation, access to fresh water is declining, while flood
control, carbon storage and traditional wetland livelihoods all suffer.

As a Contracting Party to the Convention on Wetlands, the Philippines is committed
to adopt and implement laws, policies and plans to promote the wise use of wetlands
or the maintenance of their ecological character, achieved through the implementation
of ecosystem approached, within the context of sustainable development.

This proposed measure seeks to promote the conservation of wetlands and guide all
concerned national government agencies and local government units in adjusting their
sectorial or local policies, plans and programs to be consistent with wetland
conservation and wise use.

In view of the foregoing, the passage of this bill is earnestly sought.

Al

LUIS JUND “LI F, VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bit No8925

INTRODUCED BY LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT ESTABLISHING A NATIONAL WETLAND POLICY, PROVIDING
MECHANISMS FOR ITS INSTITUTIONALIZATION, AND APPROPRIATING
FUNDS THEREOF

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 "National Wetlands
Conservation Act".

Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to conserve
and wisely use wetlands and wetland resources consistent with the principles of
sustainable development, inclusive growth, poverty reduction, food security,
biodiversity conservation, climate change adaptation and mitigation, and disaster risk
reduction and management, while advancing the right to a balanced and healthful
ecology in accordance with the harmony and rhythm of nature.

Sec. 3. Coverage. - This Act shall apply to alll types of wetlands, both inland, coastal
and marine and human-made wetlands, in the Philippines. For human-made wetlands,
it shall be limited to those with known high biodiversity value such as, but not limited
to, wetlands critical as wildlife habitat and as migratory routes of birds and migratory
fishes.

Sec. 4. Categories of Wetlands. - Except for deep marine waters, wetlands are
composed of water bodies or aquatic ecosystems, as well as their riparian areas. The
three (3) broad categories of wetlands are the following:

a. Inland wetlands - are aquatic-influenced environments, sometimes referred to as
freshwater or inland water/waterbodies, located within land boundaries; examples are
inland deltas springs, creeks, rivers, streams, waterfalls, freshwater swamps and/or
marshes, peatland, ponds, floodplain, wet caves and lakes;

b. Coastal wetlands - are wetlands located within the coastal watershed, such as bays,
marine shores, estuaries, coastal lagoons, saltmarshes, mangroves swamps,


intertidal flats, seagrass beds, coral reefs and other marine areas no deeper than 6
meters at low tide; and

c. Human-made wetlands - are any type of wetland constructed or maintained by
humans; examples are dams, reservoirs, rice paddies, fish and shrimp ponds, farm
ponds, salt pans, small water impounding areas, and wastewater treatment ponds and
lagoons.

Sec. 5. Definition of Terms. —

a. Biological Diversity or Biodiversity shall refer to the variability among all living
organism from all sources including, inter alia, terrestrial, marine and other aquatic
ecosystems and the ecological complexes or which they are part: this includes
diversity within species, among species and of ecosystems.

b. Ecological character shall refer to the combination of the ecosystem components,
processes and benefits/services that characterize the wetland at a given point in time.

c. Ecosystem approach or ecosystem-based approach shall refer to a strategy for the
integrated management of land, water and living resources that promotes
conservation and sustainable use in an equitable way.

d. Ecosystem Services or Ecological Services shall refer to the benefits people obtain
from ecosystems. These include provisioning services such as food and water;
regulating services such as flood and disease control; cultural services such as
spiritual, recreational, and cultural benefits; and supporting services, such as nutrient
cycling, that maintain the conditions for life on Earth.

e. Legal Easement shall refer to an easement by necessity constituted by Law which
has for its object either for public use or the interest of private persons (Section 64 of
Civil Code).

f. Riparian areas/zone shall refer to the area which is the transition between aquatic
and terrestrial ecosystem, and the adjacent areas to water bodies, and intermittent
streams that are distinguished by gradients in biophysical conditions, ecological
processes, and biota;

g. Sustainable developments refer to development that meets the needs of the present
without compromising the ability of future generations to meet their own needs.

h. Wetlands shall refer to a wide variety of areas such as natural pools/ponds, springs,
freshwater swamps/marshes, peatlands, floodplains, rivers and lakes, and coastal
areas such as estuaries, saltmarshes, mangroves, lagoons, intertidal flats and
seagrass beds, and also coral reefs and other marine areas no deeper than six meters,
at low tide, as well as human-made wetlands such as dams, reservoirs, rice paddies,
fish ponds, saltpans, and wastewater treatment ponds.

i, Wise use of wetlands shall refer to the maintenance of their ecological character,
achieved through the implementation of ecosystem approaches, within the context of
sustainable development.


Sec. 6. Integration and Mainstreaming of Wetland Conservation and Wise Use. - All
government agencies and offices, and local government units (LGUs) shalll integrate
and mainstream wetland conservation and wise use into their plans, policies,
ordinances and rules and regulations, programs, projects, and development planning
process. They shall also directly consult with the DENR and affected communities in
the development and Implementation of their plans, programs and projects within, or
having impact, on wetlands.

Sec. 7. Establishment of wetland conservation areas. - Wetlands need to be protected
and conserved because they are threatened by drainage and conversion to other
uses, aquatic pollution, introduction and spread of invasive alien species (IAS),
unsustainable aquacultural practices, destructive fishing practices, mining exploration,
overexploitation, coral collection, coral reef destruction, sedimentation, unregulated
coastal development and urban expansion, and dredging.

Where appropriate, wetlands important for biodiversity conservation shall be
prioritized for protection under the National Integrated Protected Areas System
(NIPAS) Act, as amended by RA No. 11038, the Wildlife Resources Conservation and
Protection Act, or the Revised Fisheries Code, as amended, or through recognition as
Indigenous Community Conserved Areas (ICCAs) within the ancestral domains of
indigenous people or as Local Conservation Areas through the ordinances of LGUs.

International recognition of suitable wetlands, such as declaration of Wetlands of
International Importance (Ramsar Sites), Flyway Sites, ASEAN Heritage Park, World
Heritage Site and the like,, through the Ramsar Convention on Wetlands, Convention
on Migratory Species, East Asian Australasian Flyway Partnership, ASEAN and other
such multi-iateral environmental agreements and bodies, shall also be encouraged
and supported.

Sec. 8. Development of a National Wetland Conservation Program. - A National
Wetland Conservation Program shall be developed by the DENR, in coordination with
other concemed agencies, sectors, and stakeholders, within one year from the
effectivity of this Act to provide direction, support and guidance to the local government
units (LGU) and stakeholders in the development and implementation of their local
wetland conservation programs, The National Wetland Conservation Program shall be
consistent with existing national policies, plans and programs on coastal wetlands and
their resources. It shall also define national targets for the conservation of wetlands
and the development of its national coordinating mechanism.

The following strategies shall be implemented within the Program:
a. Inventory, assessment and valuation of wetlands. Wetland assessment including
bio-capacity and carrying capacity assessment and valuation of wetland ecosystems
shall be conducted to measure the full extent of its value and guide agencies on the
wise use of wetlands.

b. Wetland Management Plan development and implementation.


c. Rehabilitation of priority wetlands. Prioritization of wetlands for rehabilitation shall
be based on a national inventory of wetlands with potential for rehabilitation such as,
wetlands susceptible to hazard, and wetlands critical to biodiversity. Rehabilitation of
priority wetlands shall adopt ecosystem-based approach to ensure the ecological
integrity and original functioning of specific ecosystem. Partnerships may be
established with nongovernment organizations, academe and private sector in the
rehabilitation of priority wetlands

d. Enforcement of legal easement zones, danger zones and other land use setbacks.
All concerned government agencies and LCDs shall strictly implement land use
setback provisions imposed by law, such as, but not limited to:

1. Prohibition of the building of any structure along the easement zones of banks or
rivers and streams and the shores of the seas and lakes. This easement zone has a
width of three (3) meters in urban areas, twenty (20) meters in agricultural areas and
forty (40) meters in forest areas.

2. Construction of houses and other residential structures and buildings at a safe
distance from streams or bodies of water. While primarily intended for human welfare
and safety, these land use setback provisions also benefit wetlands by limiting
development at certain distances from wetlands. These measures address both
disaster risk reduction and wetland conservation concerns.

e. Regulation against wetland drainage, reclamation and filling-in. - In accordance with
the law, no further drainage, reclamation or conversion of wetlands shall be permitted,
except when necessary for national interest and security subject to existing
environmental laws, rules and regulations. In such exceptions, all legal requirements
shall be strictly complied with including, but not limited to, applicable rules and
regulations on environmental impact statements and National Economic Development
Authority (NEDA) approval for reclamation projects. Wetland conversion that causes
adverse effects to the environment shall be prosecuted as a form aquatic pollution.

f. Recognizing best practices through the Philippine Wetland Conservation Awards.
The Biodiversity Management Bureau of the DENR shall recognizes individuals, Non
Government Organizations (NGOs), People's Organizations (POs) and Local
Government Units (LGUs) with significant contributions to the wise use of the country's
wetlands through the Philippine Wetlands Conservation Awards (PWCA).

g. Research and Development, (including Green House Gas Inventory)

h. Assessment of vulnerability of priority wetlands to climate change and disaster risk.
i. Database and knowledge management.

j. Implementation of soil and water conservation technologies.

k. Measures to address invasive alien species.

|. Adopt-a-Wetland scheme through Public-Private Partnership.


m. Communication, education, participation, capacity-building and awareness
program.

Sec. 9. Lead Implementing and Monitoring Agency. - The Department of Environment
and Natural Resources (DENR) through its Biodiversity Management Bureau shall be
the lead agency in monitoring overall implementation and compliance with this Act,
particularly by all government agencies. The Department of Interior and Local
Government (DILG) shall monitor compliance by local government units and shall
formulate and implement incentive schemes to promote wetland conservation and
wise use practices through effective local governance.

Sec. 10. Role of Local Government Agencies. - The municipal, city, or provincial Local
Government having territorial jurisdiction over the wetlands shall integrate with their
urban development plan, conservation measures being implemented in this Act. In this
regard, it shall be categorized as a criminal act, to issue permits, documents, as well
as eviction and resettlement of occupants of danger zones such as riverbanks and
shorelines, including lakeshores and seashores, and effects in violation of this Act.

Sec. 11. Appropriations. - The amounts necessary to implement this Act during the
first year of implementation shall be sourced from the DENR. Thereafter, such
amounts necessary to effectively carry out the provisions of this Act shall be included
in the General Appropriations Act.

Sec. 12. Implementing Rules and Regulations. - Within six (6) months from the date
of this Act, the DENR, in close coordination with concerned agencies, shall prepare
the IRR of this

Sec. 13. Separability Clause. - If any provision of this Act is declared unconstitutional
or invalid, any part or provisions hereof not affected thereby shall continue to be in full
force and effect.

Sec. 14. Repealing Clause. - All laws, decrees, executive orders, rules and regulations
or parts thereof which are contrary or inconsistent with this Act are hereby repealed or
modified accordingly.

Sec. 15. Effectivity. - This Act shall take effect fifteen (15) days following its publication
in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,