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EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

__Introduced by

EXPLANATORY NOTE,

The country has been hit by major typhoons almost every year for the past ten years
which result in major destruction and loss of lives. In Cagayan de Oro, we were hit by
Sendong which resulted in thousands dead and millions worth of property destroyed. Then
there was Yolanda, and other typhoons and natural disasters

The archipelagic characteristic of the Philippines affords us with one of the most bio-
diverse territories in the world. Having the fifth longest coastline, 64 out of 81 provinces in
the Philippines are coastal. This means that there is a higher disaster risk and hazard
exposure which, in fact, placed the country at the top of the Global Climate Risk Index in
2015. Furthermore, the impacts of climate change continually threaten these coastal
communities, making them constantly vulnerable and susceptible to the devastating effects
of harsh weather phenomena.

The establishment of National Coastal Greenbelt Program aims to strengthen the
existing laws, improve policies and measures to ensure innovative and viable programs
which will promote, among others, beach forest protection, mangrove rehabilitation, and
sustainable management of such.

In view of the foregoing, immediate approval of this measure, hes requested
anphllige



EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

"Introduced by Representative Rufus

House Bill No, 5943

AN ACT
ESTABLISHING THE NATIONAL COASTAL GREENBELT PROGRAM, PROVIDING
FUNDS THEREFOR, AND OTHER PURPOSES

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

Section 1. Title. - This act shall be known as the “National Coastal Greenbelt Act.”

Sec 2. Policy. — The State shall ensure the protection of the rights of the people to’a
healthful and balanced ecology. Consistent with the Climate Change Act of 2009 (R.A. No.
9729, as amended by R.A. No. 10174), the State shall encourage the participation of the
national goverment, local governments, businesses, non-govemment organizations, local
communities and the public to prevent and reduce the adverse impact of climate change.
The State shall also recognize that climate change and disaster risk reduction and
management are closely interrelated. The State shall incorporate a gender-sensitive, pro-
children and pro-poor perspective in all plans of disaster risk reduction and management
These principles shall be further integrated into climate change programs and initiatives.
Taking into account the effects of climate change and the need to conserve and develop the
conditions of our environment, the State shall take appropriate measures to protect the lives
and property of the people from the impacts in coastal areas of typhoons, tsunamis and
similar natural events.

Sec 3. Definition of Terms.
a. Coastal Greenbelts — A strip of natural or planted coastal vegetation,
stretching at least 100 meters in width from the sea towards land, primarily of
mangrove and beach forest species, which are designed to prevent coastal
erosion, and mitigate the adverse impacts of natural coastal hazards on

human lives and property.

b. Designated Area for Coastal Greenbelts — Site specific stretch of vegetation
in areas with abandoned fishponds required the reversion of these fishponds
to mangroves through natural regeneration or replanting with locally
appropriate species. Designated areas with illegal structures (such as
breakwaters, permanent residential/commercial structures, and the like)
require removal of such structures.

c. National Coastal Greenbelt Action Plan (NCGAP) ~ The operational plan that
shall serve as the guide for the Local Greenbelt Action Plan (LCGAP). It shall
contain the implementing guidelines on how to go about Section 4 of this Act

d. Local Coastal Greenbelt Action Plan (LCGAP) — The local action plan shall be
based on the NCGAP. It shall contain the specific goals and targets for the
implementation of the program set in the NCGAP.

Sec 4. National Coastal Greenbelt Action Plan (NCGAP). — The Climate Change
Commission shall, within six (6) months, identify and convene all national agencies
fesponsible for foreshore management, mangrove and beach forest protection and


utilization, coastal land and sea-use planning, coastal tourism development, social welfare of
coastal communities, and other relevant mandates, to prepare an integrated National
Greenbelt Action Plan (NCGAP).

The NCGAP shall, at the minimum, contain the following

Spatial representation, or if feasible, quick/rapid inventory of the status of
coastlines and foreshores, including the status of mangroves, beach forests,
settlements, structures and fishponds within 100 meters therein;

Assessment of priority area to be declared as coastal greenbelts, for each
coastal province, city and municipality, to protect by means of mangroves and
beach forests, based on vulnerability to storm surges, waves, tsunami and the
like. The action plan shall indicate that the assessment of priority areas shall
be completed within twelve (12) months from the adoption of the NCGAP;
Designation of priority areas for coastal greenbelts that are already included
as either a protected area under the National Integrated Protected Areas
System (R.A. No. 7586), or as a fish refuge or sanctuary under the Fisheries
Code of 1998 (R.A. NO. 8550), or as local marine protected area as may be
declared by municipalities and cities through ordinances. The designation
shall be completed within six (6) months from the completion of the
assessment. Designation shall also be done through a proposal to the
appropriate agency, municipality or city as may be deemed necessary. If an
area sis designated as a priority area, no structure shall be allowed in the said
area unless it is approved by the DENR or BFAR, as may be appropriate:
Operational plan for the rehabilitation, reforestation or afforestation of
designated priority coastal greenbelts with ecologically appropriate mangrove
and beach forest species, not less than 100 meters minimum target area of
twenty percent (20%) of the designated priority areas in the first five (5) years
for maximum protection of the most vulnerable communities in the city or
municipality. The remaining priority areas must be completed within ten (10)
years, the designation of the priority area;

Operational Plan for the reversion of all abandoned fishponds to mangroves
through natural regeneration or replanting with locally appropriate species.
The NCGAP shall indicate that the identification and recovery of possession
from the delinquent fishpond lease agreement holders shail be completed
within twelve (12) months from the adoption thereof. All fishpond areas to be
reverted to mangroves shall form part of the minimum target for the first year
of implementation of the Action Plan

Operational Plan for the removal of illegal structures (such as breakwaters,
permanent residential/commercial structures, and the like), in the identified
Priority coastal greenbelts. The NCGAP shall indicate that the declaration of
and notice to persons responsible for removal of illegal structures shall be
completed within twelve (12) months thereof. The removal of illegal structures
in and start of rehabilitation, reforestation or afforestation of these areas shall
form part of the minimum target for the first year of implementation of the
Action Plan;

Monitoring and evaluation plan, with quantitative and qualitative targets
consistent with (d), (e), and (f) above, appropriate indicators and reasonable
means of verification. The plan shall become an integrated part of the Action
Plan and Annual Report to Congress.

The Climate Change Commission (CCC) shall be responsible for consolidating the NCGAP.
not later than twelve (12) months from the date this Act takes effect. .


Sec 5. Key Implementing Agencies. — The following agencies shall take the lead in
implementing components of the Program and Action Plan that are relevant to their
mandates:

a The Climate Change Commission (CCC) shall be responsible for the
congregation of relevant government agencies, facilitation of public
participation in the preparation of the NCGAP, integration of the NCGAP into
the Local Action Plans including the power of approving putting up necessary
structures in the Designated Areas, and the preparation of the integrated
report to Congress especially with regard to the expenditure of the
appropriation and other pertinent matters under Section 8 of this Act:

b. The Department of Environment and Natural Resources (DENR), through its
relevant offices, shall be responsible for the (a), (b), (c), (d) and (f) of Section
4 of this Act in line with existing laws and mandates, and it shall provide the
CCC alll relevant information to aid in the monitoring and evaluation of the
NCGAp. In particular, the DENR shall identify the Designated Areas that will
need to be expropriated by the goverment and to recommend the
expropriation plan to the CCC.

cc. Bureau of Fisheries and Aquatic Resources (BFAR) of the Department of
Agriculture (DA) shall coordinate with DENR for (e) in Section 4 above all the
Operational Plan that provides for the reversion of all abandoned fishponds to
mangroves through natural degeneration or replanting with locally appropriate
species in the line with existing laws and mandates, and it shall provide the
CCC all relevant information to aid in the monitoring and evaluation of the
NCGAP; .

4. The Department of Interior and Local Goverment (DILG) through its relevant
office, shall provide the technical guidance for provinces, cities and
municipalities to develop Local Coastal Greenbelt Action Plans, design and
implement community-based and ecologically appropriate rehabilitation
reforestation and afforestation programs, and monitor and evaluate their
programs. In particular, the Local Inter Agency Committee (LIAC) shall
Coordinate with the Local Government Unit in implementing the action plans

In addition, the National Housing Authority (NHA) shall provide appropriation for the
relocation of the families or individuals who will be affected by the Designated Areas. The
other agencies that participated in the preparation of the Action Plan shall implement their
commitments, as provided therein. The actions required of implementing agencies are
immediately executable based on the agreed National Coastal Greenbelt Action Plan, and
on their existing mandates, programs or budgets that are aligned with the Action Plan,
without need for formulating implementing guidelines, rules and regulations for this Act.

Sec 6. National Technical Advisory Committee. - The Climate Change Commission shall
convene a National Technical Advisory Committee (NTAC) composed of:

a. A technical representative from the Climate Change Commission (CCC)

b. A technical representative from the Department of Environment and
Natural Resources (DENR)

¢. A technical representative from the Bureau of Fisheries and Aquatic
Resources (BFAR)

d. Two (2) known experts in mangroves and beach forest ecosystems,
oceanography or other related disciples

©. A representative from a non-govemment organization or a people's
organization that demonstrates capacity to promote the public interest and
with identifiable leadership, membership and structure that has been
actively involved in mangrove research and has produces actual


Publication in mangrove research as among the criteria that shall be set
by the DENR, BFAR and CCC. .

The National Technical Advisory Committee shall provide scientific guidance in the desigr
implementation and evaluation of actions under the NCGAP. The experts shall serve in the
Committee without compensation but may be reimbursed for basic expenses to attend
meetings and prepare technical reports.

Sec 7. Local Coastal Greenbelt Action Plan. - Each coastal municipality and city in the
identified priority coastal greenbelt areas in the Action Plan shall prepare a Local Greenbelt
Action Plan (LCGAP) to facilitate the implementation of mandated actions in the NCGAP.
The roles of the municipality or city, as provided in the local LCGAP shall be to:

a

b.

Facilitate the implementation of the mandates of the national agencies
under Section 4, by providing local data and other supporting measures:
Implement complimentary programs to assist the local communities and
focal businesses that are affected by the actions under Section 4, such as
relocation sites with basic services such as livelihood and transportation
programs, zoning or re-zoning of the priority coastal greenbelt areas, as
appropriate, and the like;

Provide the actual inventory of affected families in Designated Areas and
to ensure that a just and humane process of relocation done

Lead in the actual implementation of rehabilitation, reforestation and
afforestation, through the coastal barangays;

Integrate the identified coastal greenbelts in the Comprehensive Land-
Use Plan;

Provide data and qualitative feedback to the Key Implementing Agencies,
as may be relevant.

The provincial government shall provide the technical and budgetary support to component
coastal cities and municipalities sharing a common priority coastal greenbelt area.

Sec 8. Enforcement Actions. —

a)

In addition to the penalties provided under existing law, any person who
obstructs the DENR in the removal of illegal structures, or BFAR in the
process of reversion of abandoned fishponds, shall be liable to that
agency for an administrative fine of fifty thousand pesos (P50,000) per
day that the agency is prevented from performing its function.

No structures shalll be built within the identified coastal greenbelts without
a permit from DENR or BFAR, consistent with their mandates. Any person
who violates this prohibition shall be liable to the agency for an
administrative fine of fifty thousand pesos (P50,000) per day from the time
the structure was built unti its removal

Proceeds from the administrative fines under this Section shall be
retained by the agency imposing such fines and used exclusively for tht
implementation of its mandate under this Act.

Legal actions filed in the exercise of rights and enforcement of obligations
under this Act shall be covered by the Rules of Procedure for
Environmental Cases.

Sec 9. Appropriations. - The Key Implementing Agencies shall draw from their existing
Programs and budgets to implement their responsibilities under the Action Plan, and through
the People’s Survival Fund, where appropriate, subject to additional funding in the annual
national appropriations, to meet the targets agreed in the Action Plan.


Sec 10. Annual Report to Congress. - The Key implementing Agencies shall report to
Congress on their progress in meeting the quantitative and qualitative targets under Action
Plan for each fiscal year. The reports shall be consolidated by the Climate Change
Commission for the presentation to the appropriate Committee in Congress at a meeting
called for the purpose.

Sec 11. Separability Clause. — If any portion or provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other provisions

not affected thereby
Sec 12. Repealing Clause. — All laws, parts of laws, decrees, presidential decrees,
issuances, proclamations, orders, and administrative regulations in conflict with the
Provisions of this Act are hereby amended, modified or repealed accordingly

Sec 13. Effectivity Clause. — This Act shall take effect fifteen (15) days after publication in
the Official Gazette and in two (2) national newspapers of general circulation

Approved