Republic of the Philippines 09 JUL 2014 ©
HOUSE OF REPRESENTATIVES i oh ie
Quezon City, Metro Manila PMY

SIXTEENTH CONGRESS ies ¥

First Regular Session

HOUSE BILL No, 4723

Introduced by HON. RENE L. RELAMPAGOS
First District, Bohol

EXPLANATORY NOTE

Public Parks offers countless value to our citizens and to our country. More
than its tourism value, parks serve historical, cultural, social, economic, recreational
and environmental functions to the community. As Franklin D. Roosevelt once said,
“The fundamental idea behind the parks is native. It is, in brief, that the country
belongs to the people — that it is in process of making for the enrichment of the li
of all of us. The parks stand as the outward symbol of the great human principle.”

On January 14, 1963, President Diosdado Macapagal issued Executive Order
No. 30 creating an Executive Committee for the development of the Quezon
Memorial Circle, Luneta and other national parks in the country. Thereafter, the
Executive Committee was renamed “National Parks Development Committee”
(NPDC).! In 1987, NPDC was attached to the then Ministry, now Department of
Tourism.? And in 1999, Executive Order No. 1603 reorganized and designated the
members of the NPDC.

At present, the NPDC is tasked to develop, administer, and manage the
Rizal Park in Ermita, Manila, the Paco Park in Paco, Manila and the Pook ni Maria
Makiling Forest Park in Los Banos, Laguna.

This bill seeks to strengthen the current functional and_ structural
organizations of NPDC and renaming it “Urban Parks Development Authority”
(UPDA). Specifically, it will define its jurisdiction by limiting it to “all urban parks,”
thus, separating the national parks under the authority of the Department of Natural
Resources. At the same time, the proposed measure will expand jurisdiction of UPDA
to “all urban parks in the country,” thus, ensuring an inclusive and standard
approach to planning, development, operation, maintenance and promotion of parks
in the entire country. Necessarily, the structural complement of the proposed UPDA,
which will still be an attached agency of the Department of Tourism, will have to be
strengthened to respond to the expanded powers and functions.

In view of the foregoing, the passage of the instant bill is earnestly sought.
n
‘

RENE Li th RELAMPAGOS

Executive Order No. 69 dated February 7, 1964 also by President Diosdado Macapagal
2 Through Executive Order No. 120-A dated January 30, 1987 by President Corazon Aquino
8 Issued by President Joseph Estrada dated October 13, 1999



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILLNo. 4723

Introduced by HON. RENE L. RELAMPAGOS
First District, Bohol

AN ACT
REORGANIZING AND STRENGTHENING THE NATIONAL PARKS
DEVELOPMENT COMMITTEE, RENAMING THE SAME “URBAN PARKS
DEVELOPMENT AUTHORITY,” AND FOR 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 Parks
Development Committee Reorganization Act.”

SEC. 2. Reorganization. The National Parks Development Committee is
hereby reorganized and renamed “Urban Parks Development Authority” and
hereafter referred to as Authority.

SEC. 3. Declaration of Policy. ‘The State shall promote, encourage and
develop tourism as a major national activity. To achieve these objectives, the
planning, construction, supervision, development, operation, maintenance and
promotion of urban parks in the country shall be vested in a single government
agency.

SEC. 4. Mandate. The Authority shall be the primary government agency
vested with the responsibility to plan, construct, supervise, develop, operate,
maintain and promote all urban parks throughout the country, as well as the
infrastructure facilities directly and immediately necessary thereto.

‘The Authority is hereby declared, and shall continue to be, an attached agency
of the Department of Tourism,

SEC. 5. Urban Parks. For purposes of this Act, an urban park is define:
a parcel of land and/or body of water, belonging to the national government, which is
set aside for the recreation or relaxation of people, and which also provides
information or promotes public awareness of some scientific or artistic matter or
some matter pertaining or belonging to the national cultural heritage; Provided,
however, that parks which are under the administrative jurisdiction of the
Department of Natural Resources are excluded from the provisions hereof.



All parks and infrastructure facilities which are being constructed or are
completed and being maintained by the National Parks Development Committee are
included in the mandate of the Authority, such as but not limited to the following
parks and infrastructure facilities in Metro Manila: Rizal Park, P. Burgos Center
Islands, Plaza Salamanca, Freedom Park, Paco Park, and Legazpi Monument.

SEC. 6. Powers and Functions. The Authority shall have the following
powers and functions:

a. Formulate policies, plans, programs and projects to carry out the mandate

of the Authority;

b. Construct, supervise and pay for the construction, repair, and maintenance
of infrastructure works within an urban park and other facilities and
services in such park in coordination with appropriate government offices
and agencies and as determined in specific programs and project plans and
specifications;

¢. Coordinate with concerned government agencies the provision of social
infrastructure requirements supporting an urban park such as social and
recreational outlets, and other necessary amenities for the social
upliftment of the populace and the preservation of ecological balances

d. Take water, in coordination with appropriate government agencies, from
any public stream, river, creck, lake, spring or waterfall as well as alter
straighten, obstruct or increase the flow of water in streams or in water
channels intersecting or connecting therewith or contiguous to its works or
any part thereof, for purposes of enhancing the attractiveness or usefulness
of an urban park;

e. Acquire by purchase or negotiation and, when such purchase of
negotiation is not feasible, by expropriation through judicial proceedings,
private land within or without an urban park, for any of the following
reasons:

1. Acquisition of right of way to any of the infrastructure works and civil
works mentioned in foregoing Subsection (b); and
2. Acquisition of any other kind of casement;

f. Fix, collect and disburse fees and other charges, to finance its operations;
g. Develop and implement in urban parks recreational, socio-cultural, and

educational programs and activities that will contribute to the enrichment
of national identity and heritage;

h. Hire or engage and pay for the services of personnel to maintain law and
order and assure the security of urban parks, the infrastructural works
mentioned in the preceding Subsection (b) and the materials and
equipment needed for the construction, operation and maintenanc
thereof, and the office premises and other properties of the Authority;

i. Acquire, lease, own or possess such personal and/or real property
necessary in carrying out its mandate, powers and functions under this
‘Act; and lease, mortgage, sell, alienate or otherwise encumber or dispose of


its personal and real property when necessary in the performance of its
functions;

Solicit, negotiate with, and receive from, any public or private, domestic or
foreign sources legacies, gifts, donations, grants endowments,
contributions or other transfers of ownership and/or possession of real or
personal properties of all kinds in favor and for the benefit of the
Authority; Provided, however, that its Administrator shall preseribe, in
‘accordance with pertinent accounting and auditing laws, rules and
regulations, the measures necessary for the proper use, maintenance and
safekeeping of such legacies, gifts, donations, grants, endowments,
contributions or other transfers and the compliance of the terms and
conditions thereof, if any;

k. Contract loans, credits and other indebtedness, or issue bonds, subject to
existing laws, rules and regulations, when necessary, for the proper
accomplishment of the purposes of this Act or the mandate of the
Authority;

1. Establish, promote and sponsor training programs for its professional and
technical personnel;

m, Do any and all other acts and things necessary, convenient, and expedient
to be done to carry out the mandate, powers and functions of the
Authority;

SEC. 7. Administrator. The Administrator of the Authority should be a
Filipino citizen, with proven executive competence and experience in the field of
parks development. The Administrator shall be appointed by the President of the
Philippines for a term of six (6) years;

‘The Executive Director of the National Parks Development Committee,
incumbent at the approval of this Act, shall be the Administrator of the Authority,
‘without need of appointment and subject to the provisions of this Act.

SEC. 8. Powers and Duties of the Administrator. The responsibility for
the exercise of the mandate of the Authority and the performance of its powers and
functions shall be vested in the Administrator.

For such purposes, the Administrator shall have the following functions:

a. Promulgate rules, regulations and other issuances necessary to carry out
the Authority's mandate, functions, policies and programs;

b. Establish policies and standards for the efficient, effective and economical
operation of the Authority in accordance with the policies and programs of
the Department of Tourism;

c. Exercise supervision and control over all programs and properties of the
Authority;

d. Delegate authority for the performance of any of his/her administrative or
substantive functions to the Deputy Administrator;


e

SEC. 9. Deputy Administrator. The Administrator shall be

Appoint, promote, remove, suspend, reprimand or otherwise discipline, for
cause, any subordinate officer or personnel pursuant to civil service laws,
rules’ and regulations; Provided, however, that the disciplinary
investigation or proceeding may be delegated to the Deputy Administrator;
Provided further, that the function to suspend for a period of not exceeding
fifteen (15) days, reprimand or otherwise discipline for cause may be
delegated in the same manner and with the same requirements as in the
preceding proviso, the decision is appealable within fifteen (15) days from
receipt thereof to the Administrator; and

Perform other functions as may be provided by law or properly assigned by
the Secretary of Tourism;

sisted by a

Deputy Administrator who shall be appointed by the President for a term of six (6)

years.

The Deputy Executive Director of the National Parks Development
Committee, incumbent at the approval of this Act, shall be the Deputy Administrator
of the Authority, without need of appointment and subject to the provisions of this,

Act.

The Deputy Administrator shalll have the following functions:

a.

ce

Advise the Administrator of the promulgation of executive orders and
other issuances that may be applicable to the Authority and its officers and
personnel;

Exercise supervision and control over units, officers and personnel of the
Authority on behalf of the Administrator; and

Perform other functions as may be properly assigned by the Administrator;

SEC. 10. Administrative Office. The Authority shall have an
Administrative Office with the following functions:

a,

b.

Develop and maintain a personnel program which shall include
recruitment, selection, appointment, training, positior ification and
compensation, performance evaluation, employees relations and welfare
services;

Provide the Authority with services related to personnel, records, supplies,
equipment, medical, collections and disbursements, security, general or
other related services; and

Perform other functions as may be properly assigned to it by the
Administrator or Deputy Administrator by authority or order or the

Administrator.

SEC. 11. Legal Office. The Authority shall have a Legal Office with the

following functions:

a.

Render legal services
the Authorit

and perform advisory and consultative functions to



b. Undertake the investigation, evaluation administrative and hearing of
administrative cases against personnel of the Authority;

c. Initiate legal proceedings, whenever deemed necessary, toward the
collection and enforcement of debts and claims, and the restitution of
funds and property due to the Authority; and

d. Perform other functions as may be properly assigned to it by the
Administrator or Deputy Administrator by authority or order or the
Administrator.

SEC. 12. Financial Management and Accounting Office. ‘The Authority
shall have a Financial Management and Accounting Office with the following
functions:

Prepare budgetary estimates and financial work plans of the Authori

e

b. Develop and improve budgetary methods, procedures and justifications;
c. Review performance reports to determine conformity with set standards;

4. Prepare financial reports required for the management of the Authority
and financial statements as may be required by the Commission on Audit,
Department of Budget and Management and other government agencies;
and

. Perform other functions as may be properly assigned to it by the
Administrator or Deputy Administrator by authority or order or the
Administrator.

SEC. 13. Internal Audit Office. The Authority shall have an Internal Audit
Office with the following functions:

a. Formulate and develop plans, programs, operating stand:
administrative techniques for the implementation of auditing and
accounting laws, rules and regulations governing the financial operations
of the Authority;

b. Conduct an internal audit of the financial operations of the Authority and
advise the Administrator of the results of the same; and

c. Perform other functions as may be properly assigned to it by the
Administrator or Deputy Administrator by authority or order or the
Administrator.

SEC. 14. Arts, Culture and Tourism Office. The Authority shall have an
Arts, Culture and Tourism Office with the following functions:

a. Develop, implement and regulate recreational, socio-cultural and
educational programs and activities that will contribute to the enrichment
of national identity and heritage;


b. Provide entertainment as well as educational values to all regular program
activities for the local and foreign tourists in particular and park
promenades in gener

¢. Coordinate with the local government unit when the urban park is located,
concerning promotion and program activities in the respective park
regarding arts and culture;

4. Coordinate with various non-governmental organizations, government
organizations and foreign institutions and international agencies for the
enhancement of cultural cooperation;

e. Assist in the planning and implementation of tourism projects related to
arts and culture;

and

f, Provide guiding services and assistance to foreign and local tourists;

g. Perform other functions as may be properly assigned to it by the
Administrator or Deputy Administrator by authority or order or the
Administrator,

SEC. 15. Purchases and Contracts. All purchases of equipment,
materials, supplies or contracts for services, except for personal services, entered into
by the Authority, shall be done through competitive bidding in accordance with
pertinent rules and regulations.

SEC. 16. Position Structure and Staffing Pattern. Upon approval of
this Act, the officers and employees of the National Parks Development Committee
shall, in a hold-over capacity, continue to perform their respective functions and
their responsibilities and receive their corresponding salaries and benefits under
existing laws, rules and regulations.

The position structure and staffing pattern of the Authority shall, under the
direction of the Chief Executive Officer of said Committee be completed within sixty
(60) days from the effectivity of this Act and shall be approved by the Secretary of
Tourism within the same period form receipt thereof. The authorized position
created shall be filled with regular appointments by the Administrator, in accordance
with civil service laws, rules and regulations.

Incumbents whose positions are not included in the new staffing pattern or
who are not re-appointed shall be deemed separated from the service. Whether
permanent, temporary, contractual or casual, the separated employees shall recei
the retirement benefits to which they may be entitled under existing laws, rules and
regulations. Otherwise, they shall be paid the equivalent of one-month basic salary
for every year of service in the government or fraction thereof, computed on the basis
of the highest salary received, and an additional sum equivalent to three months of
the current basic salary.

SEC. 17. Additional Units or Positions. The Authority may create and
maintain additional organizational units or positions insofar as they are necessary for
the effective, efficient and economical performance of its mandate, powers and
functions but subject to the approval of the Department of Budget and Management.


SEC. 18. Government Agencies Abolished. All government agencies
presently charged with the responsibility of taking care of urban parks are hereby
abolished and their appropriations, funds, records, equipment, facilities, chos
actions, rights and other assets are hereby transferred to the Authority, together with
their personnel who may be necessary for the proper accomplishment of the
Authority’s mandate. The personnel of the abolished government units shall, in a
hold-over capacity, continue to perform their duties and responsibilities and receive
their corresponding salaries and benefits unless in the meantime they are duly
separated from the service. Incumbents whose positions are not included in the new
staffing pattern as duly prescribed and approved shall be deemed separated from the
service and shall be entitled to such compensations and benefits as may be
authorized by law. The liabilities of the abolished government units shall, if any, be
treated according to existing auditing laws, rules and regulations.

SEC. 19. Periodic Performance Evaluation. The Authority is hereby
mandated to formulate and enforce a system of evaluating periodically the
performance of its officers and personnel. This evaluation shall be submitted
annually to the Secretary of Tourism within one month after the end of every
calendar year.

SEC. 20. Notice or Consent Requirement. If such organizational
change herein authorized is of such substance or materiality as to prejudice third
persons with rights recognized by law or by contract, such that notice or consent of
creditors is required to be made or obtained pursuant to any agreement entered into
with any of such creditors, such notice or consent requirement shall be complied with
prior to the implementation of such organizational change.

. Funds needed to carry out the pro}
be taken from the available funds of the National Parks Development Committee.

SEC. 22. Separability Clause. ~ The provisions of this Act are declared
separable and in the event of any such provision is declared unconstitutional, the
other provisions, which are not affected, shall remain in force and effect.

SEC. 23. Repealing Clause. ~ All other laws, decrees, rules and
regulations or parts thereof which are inconsistent with the provisions of this Act are
repealed, amended or modified accordingly.

SEC. 24. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) national newspapers of
general circulation.

Approved,