OF THE PHILIPPINE 
First Regular Session 
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Introduced by Senator S. 
Our country has 421 principal rivers, 384 river systems, and 18,417 
This natural resource has been robbed of its potential 
kilometers of coastline. 
usefulness because of extensive pollution. 
The Pasig River, already considered a "dead river" because of its virtually 
zero oxygen level, receives an annual discharge of 3,600 tons of refuse, 42 liters 
of industrial wastes from the 300 industrial firms located along its banks, and oil 
spills from some 300 gasoline stations, oil depots, barges, tankers and boats 
docking in the area. 
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The rivers at the outskirts of Metro Manila and in the nearby provinces 
also suffer from various degrees of environmental damage: siltation hastened by 
erosion from the highlands caused by tree-cutting and burning, pollution with 
mining and industrial wastes, 
and the indiscriminate use of insecticides in 
agricultural areas. 
During the rainy season, water from the clogged rivers and waterways 
bring the dreaded floodwaters which inflict untold damage to property and human 
lives in neighboring residential areas. 
The incidence of red tide as a result of 
pollution has also added the loss of numerous human lives to the cost of the 
pollution of our rivers and coastlines. 
This bill proposes the establishment of rivers, river systems, beaches and 
waterways as ecological zones, to be administered by the Department of 
Environment and Natural Resources, and subsequently to be devolved to the 
Local government units. 
If pollution is part of the cost of industrial development, it is only fair and 
just that the manufacturing enterprises, shipping and barging concerns and other 
entities which generate the pollutants be made to bear the cost themselves, 
rather than shift it to the public. This bill mandates the DENR and subsequently 
the LGUs to enforce the right of every citizen to a balanced and healthful 
ecology. 
In view of the foregoing, early passage of this bill is earnestly requested. 
IC 
SERGIO OSMEQA Ill 
Senator 


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THIRTEENTH CONG 
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OF THE PHILIPPI 
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First Regular Session 
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Introduced by Senator S. 
DECLARING AND ESTABLISHING RIVERS, RIVER SYSTEMS, BEACHES 
SHORES AND WATERWAYS AS ECOLOGICAL ZONE, AND FOR OTHER 
PURPOSES 
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 “River and 
Waterways Ecological Zones Act of 2004.” 
SEC. 2. Declaration of Policy. - It is the policy of the State to guarantee 
to the people a balanced and‘healthful environment in full accord with the rhythm 
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of nature. Pursuant thereto, all rivers, river systems, beaches, shores and other 
waterways are hereby declared ecological zones subject to the full protection of 
the State. 
SEC. 3. Definition of Terms. - 
a. 
“River” shall refer as follows: 
1) A ‘‘major” river has at least 1,400 kilometers of drainage area; 
and 
2) A “principal” river has at least forty (40) square kilometers of 
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drainage area. 
b. 
“River system” is a network of channels naturally or artificially 
designed to drain the whole catchment area into one outlet point, and this 
includes esteros, channels, creeks, springs, brooks, storm drains, 
streams, tributaries and flood control channels. 


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C. 
“Waterways” refer to other water channels not readily recognized 
as river, river system, beach or shores but serve the same function as the 
latter as may be determined by competent authority or by the appropriate 
government agency, i.e. Department of Environment and Natural 
Resources (DEN R). 
d. 
“Environmentally degraded” means either of the following: 
1) The water quality has deteriorated such that the dissolved 
oxygen content (DOC) is zero; biochemical oxygen demand 
(BOD) is more than one-hundred milligrams per litter (1 00mg/l); 
presence of toxic substances or heavy metals is above 
standards: or 
2) Heavily silted or filled up by sediment; absence of surface water 
flow; and erosion of river or waterway beds and banks 
e. 
“Environmental Impact Assessment (HA)” - refers to the planning 
and decision-making process which includes studies of the environment 
with impact of a project including a discussion of the direct and indirect 
consequences upon human welfare and ecological and environmental 
integrity. EIA should also include studies on the alternatives to proposed 
projects. 
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f. 
“Environmental Impact Statement (EIS)” - refers to the document 
reflecting the aims to identify, predict, interpret and communicate 
information regarding changes in environmental quality associated with a 
proposed project, and the range of alternative for the objectives of the 
proposal and their impact on the environment. 
g. 
“Statement of Environmental Consequence” - refers to a simple or 
small scale version of the Environmental Impact Statement (EIS) system. 
SEC. 4. Purposes. - The primary purposes of this Act are as follows: 
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a. 
To recognize and protect rivers and waterways as 
environmental resource critical to the ecological dimensibn of the lives' of I 
the people; 
b. 
To establish multiple-use system of rivers and waterways, 
provided such is within the bonds of environmental protection and 
ecolog ical balance; 
c. 
To legally equip the government in pursuing environmental 
protection objectives and enforcing corresponding laws, rules and 
regulations; and 
d. 
To establish the natural resource of rivers and waterways 
within the context of a national land and resource use planning and 
zoning, a long-awaited environmental protection and efficient resource 
utilization measure. 
SEC.5. Environmental Protection System. - AI current or prospective 
modes of occupancy, utilization or application of portions or surrounding areas of 
rivers, beaches, shores, and waterways shall henceforth be subjected to the 
Environmental Impact Assessment (EIA) and Environmental Impact Statement 
(€6) 
Systems or Statement of Environmental Consequences (SEC) for small 
scale or household endeavors as determined by the Environmental Management 
Bureau (EMB) of the Department of Environment and Natural Resources. 
SEC. 6. Prohibited Acts. - It is hereby declared unlawful for any person, 
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natural or juridical to: 
a. 
Dump solid, toxic and hazardous waste or untreated sewage 
into the river system or waterway; 
b. 
Dump or throw domestic garbage into the river system or 
waterway; 
c. 
Squat or appropriate banks or portions of rivers or 
waterways for private use or gain, except as duly authorized or allowed for 
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such reasonable easement of public use in the interest of recreation, 
navigation, floatage, fishing and salvage. 
d. 
Fence off or encroach upon any river system or waterway, or 
portions thereof, by any means whatsoever, and convert the same into 
fishpens or other private or commercial use, without the necessary 
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environmental protection clearance, i.e. EIA/EIS or SEC. 
e. 
Aid or conspire by way of commission or negligence in the 
perpetration of above-cited prohibited acts. 
SEC. 7. Penal Clause. - Any person who violates any of the acts herein 
prohibited shall be punished by imprisonment of not less than six (6) years and 
one (1) day nor more than eight (8) years, and a fine of not less than Ten 
thousand pesos (PI 0,000.00) nor more than Twenty thousand pesos 
(P20,OOO.OO): Provided, however, That in case of violation of this Act by an 
association, club, partnership, cooperative, or corporation or other juridical entity, 
the incumbent officers thereof who have knowingly participated in the violation 
shall be held liable: Provided, further, That if the offender is a government official 
or employee, he shall be permanently barred from holding any public office, 
appointment or employment: Provided, further, That the title, license, permit or 
lease held by the offender over the occupancy or use of the portion of river 
system or waterway is automatically revoked. 
SEC. 8. Administration and Enforcement: Implementing Guidelines. - 
The Secretary of the Department of Environment and Natural Resources (DENR) 
shall have the primary responsibility for the administration and enforcement of 
this Act. It shall transmit all cases for prosecution arising from violations .of this. 
Act to the proper authorities for appropriate action. 
The implementing guidelines, rules, regulations, programs, projects and 
activities needed in pursuit of the provisions of this Act shall be promulgated and 
issued by the Secretary of the DENR within the ninety (90) days after the 
enactment of this Act. 
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. - The DENR shall make the necessary 
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pursuit of the provisions of this Act. In succeeding years, such financial support 
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form government shall come from annual appropriations. 
SEC. 10. Devolution. - The actual enforcement or implementation of the 
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provisions of this Act shall be devolved to the Local Government Unit five (5) 
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years after the effectivity of this Act. The DENR shall render the necessary 
operating policy, monitoring and evaluation, and technical assistance. 
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SEC. 1 I. 
Separability Clause. If any section or provision of this Act shall 
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be declared unconstitutional or invalid, the other sections or provisions not 
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affected thereby shall remain in full force and effect. 
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SEC. 12. Repealing Clause. - All laws, decrees, orders, rules and 
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regulations and other issuances inconsistent with the provisions of this Act are 
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deemed modified, revoked or repealed accordingly. 
SEC. 13. Effectivity. This Act shall take effect fifteen (15) days after its 
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publication 
in 
two 
(2) 
leading 
newspapers 
of 
national 
circulation. 
Approved, 
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