Republic of the Philippines le pec E ivED “2
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

4 2020
2 Sop
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EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 8075

Introduced by Representative Stella Luz A. Quimbo

AN ACT INSTITUTIONALIZING A 10-YEAR MASTERPLAN FOR FLOOD.
MANAGEMENT, INCREASING PENALTIES FOR VIOLATIONS OF
ENVIRONMENTAL LAWS, APPROPRIATING FUNDS THEREFOR,

AND FOR OTHER PURPOSES

EXPLANATORY NOTE

In November 2020, a series of typhoons hit the country, killing and injuring
hundreds of Filipinos, displacing thousands of victims, and destroying millions-worth
of properties. Typhoon Rolly, eventually joined by Typhoon Quinta, wreaked havoc
in the Bicol Region, with Signal No. 5 raised in Albay and Camarines Sur provinces.
As expected, their rivers overflowed and flash floods were the result.

Two weeks after, Typhoon Ulysses brought massive destruction and inundated
provinces, cities, and towns in Luzon. Flood levels were unusually high, and lethal,
with some areas still under water even after the typhoon was well beyond the
Philippine area of responsibility. Most notably, in Marikina City, Pasig City, and the
provinces of Rizal, Cagayan, and Isabela, people were forced to climb up the roofs of
their houses and await rescuers. Worse, some drowned during the onslaught.

After the weather calmed and the floods subsided, evacuees returned to their
homes, which lay in shambles, to find their hard-earned properties destroyed, their
livelihoods uprooted. Some do not even know how to begin the process of recovery
or where to get pecuniary assistance to rebuild their lives.

Perhaps the worst of it is that such tragedies could have been avoided with
proper mitigation measures in place. Over a decade after Typhoon Ondoy battered
the Philippines, we have failed to learn from our experience. Long-term reforms have
to be instituted now to build a disaster-resilient country. There is a need to
institutionalize a long-term masterplan for flood management. The government has


to reverse the environmental degradation that spurred these intense floodings. An
institutionalized and comprehensive plan, coupled with timely and adequately
funded implementation, can realize such an objective, thereby saving lives.

The origin of these problems lies not only in natural processes. Human
activities worsened the climate that Filipinos experience now. A case in point is the
continued unpermitted quarrying and illegal logging at the Marikina Watershed.
Since that protected area in Rizal drains in the Marikina River, its ability or inability
to hold water will translate to disastrous effects in low-lying areas like Marikina City.
The destructive activities reported in the Watershed have literally shaved off its trees
thus, large volumes of waters from upstream flow mercilessly to the lowlands. This
behooves Congress, as a representative of disaster-stricken Filipinos, to increase
penalties against these violations as a means to provide the law more teeth in curbing
the illegal activities.

To prevent further deaths and damage to property, the necessary flood
management infrastructure must also be constructed. Because of the continued
degradation of natural land features such as the Sierra Madre and the Marikina
Watershed that lessens its capacity to protect those in the lowlands, artificial structures
like dams and retention basins are needed alongside environmental restoration for
our improved resilience to natural disasters. Such multi-year projects that meet
international standards have to be institutionalized to ensure expedient, efficient, and
continued implementation spanning successive administrations.

To materialize, these infrastructure projects have to be adequately funded. The
country must take advantage of its credit rating, financial expertise, and economic
potential to ensure sufficient funding for the programs under the Masterplan. One
life lost to flooding is one too many as the Filipino life is priceless. To avert losses and
prevent ever more deaths, willed and aggressive financing has to take place so that
the Masterplan can succeed.

In view of the foregoing, and the urgency of the climate crisis, the expedient
passage of this bill is earnestly sought.

STELLA LUZ A. QUIMBO, PhD
Representative
Second District, Marikina City


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

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. eos

Introduced by Representative Stella Luz A. Quimbo

AN ACT INSTITUTIONALIZING A 10-YEAR MASTERPLAN FOR FLOOD
MANAGEMENT, INCREASING PENALTIES FOR VIOLATIONS OF
ENVIRONMENTAL LAWS, APPROPRIATING FUNDS THEREFOR,

AND FOR OTHER PURPOSES

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

SEC. 1. Short Title. - This Act shall be known as the “Flood Management Act of 2020”

SEC. 2. Declaration of Policy. - It is hereby a declared policy of the State to uphold
the constitutional rights of people to life and property by identifying and addressing
the main causes of vulnerabilities to disasters and reinforcing the institutional capacity
of the country to withstand calamities.

Furthermore, it is the policy of the State to provide necessary public goods, like flood
control infrastructure, to curb the water-related risks that come from natural disasters.

SEC. 3. Establishment of a National Flood Management Masterplan - There is
hereby established a National Flood Management Masterplan. Within two (2) months
from the effectivity of this Act, the Infrastructure Committee of the National Economic
and Development Authority (NEDA) Board is hereby directed to review and assess
the current Flood Management Masterplan for Metro Manila and Surrounding Areas
(the “Masterplan”) approved by the NEDA board in 2012 and identify targets and
reforms, as needed, for the purpose of ensuring its expedient and efficient
implementation.

The Committee is likewise directed to expand the Masterplan to cover other areas of
Luzon, Visayas, and Mindanao.


SEC. 4. Inter-Agency Task Force for Flood Management. - There is hereby created an
Inter-Agency Task Force for Flood Management (the “Task Force”) which shall ensure
and oversee the implementation of the adopted Masterplan and coordinate the
programs and activities of its member-agencies.

The Task Force shall be headed by the NEDA Director General as Chairperson, with
the Secretary of Public Works and Highways, Secretary of Environment and Natural
Resources, Chairperson of the National Commission in Indigenous Peoples, Director
of the University of the Philippines Diliman-National Institute for Geological Sciences,
Administrator of the Philippine Atmospheric, Geophysical and Astronomical Services
Administration (PAGASA), and chief executives of concerned LGUs as members.

The Task Force is hereby directed to coordinate with national government agencies
and local government units for the efficient implementation of the Masterplan. It shall
also submit an annual report to the Oversight Committee referred to in Section 12
hereof regarding the status of the structural and non-structural interventions in the
Masterplan.

SEC. 5. Duties and functions of the DPWH. - The Department of Public Works and
Highways (DPWH) is hereby designated as the lead implementing agency of the
Masterplan. As such, it shall:

a.) Implement the Masterplan immediately after the NEDA Board Infrastructure
Committee has established the same;

b.) Propose a budget for the implementation of the Masterplan, in coordination
with the Task Force;

c.) Submit a quarterly report to the Task Force regarding the progress of the
implementation of the Masterplan; and

d.) Coordinate and consult with concerned agencies, including but not limited to
the Department of Environment and Natural Resources (DENR) and PAGASA,
regarding complementary activities within the purview and the technical
expertise of the said agencies which are necessary for the effective
implementation of the Masterplan.

SEC. 6. International Panel of Experts. - The Task Force shall engage a panel
composed of international experts for technical support and to ensure that projects
implemented under the Masterplan adhere to international quality standards.

SEC. 7. Increased Penalty for Illegal Quarrying. - Section 108 of Republic Act No.
7942 is hereby amended to read as follows:

“Section 108. Violation of the Terms and Conditions of the Environmental
Compliance Certificate. - Any person who willfully violates or grossly
neglects to abide by the terms and conditions of the environmental
compliance certificate issued to said person and which causes environmental
damage through pollution OR QUARRYING shall suffer the penalty of


imprisonment of six {6} menths-+o-six (6)-years FOR A MINIMUM OF SIX (6)
YEARS TO A MAXIMUM OF TWELVE (12) YEARS or AND a fine of Fifty:

hi dp P50,000.00)-+40 Two hundredth <-pesos-(P200,000.00),-0F
beth, FIVE HUNDRED THOUSAND PESOS (P500,000.00) TO FIVE

MILLION PESOS (P5,000,000.00), at the discretion of the court.”

Section 77 of Presidential Decree No. 705 is hereby amended to read as follows:

“SECTION 77. Cutting, Gathering and/or collecting Timber, or Other Forest
Products Without License. - Any person who shall cut, gather, collect,
removed timber or other forest products from any forest land, or timber from
alienable or disposable public land, or from private land, without any
authority, or possess timber or other forest products without the legal
documents as required under existing forest laws and regulations, shall be
punished with the penalties imposed under Articles 309 and 310 of the
Revised Penal Code AND A FINE OF AT LEAST FIVE HUNDRED
THOUSAND PESOS (P500,000.00) BUT NO MORE THAN TWO MILLION
PESOS (P2,000,000.00): Provided, That in the case of partnerships,
associations, or corporations, the officers who ordered the cutting, gathering,
collection or possession shall be liable, and if such officers are aliens, they
shall, in addition to the penalty, be deported without further proceedings on
the part of the Commission-on BUREAU OF Immigration and-_Deportation.

Xxx”

SEC. 8. Exclusive Authority to Issue Permit to Quarry. - Notwithstanding any law
to the contrary, the DENR is hereby granted the exclusive authority to issue permits
to extract sand, gravel, and other quarry resources.

SEC. 9. Exemption from the regular bidding process of procurements made to
respond to calamities. - Notwithstanding any law to the contrary, the President can
grant exemption from the regular bidding process provided in Republic Act No. 9184
or the “Government Procurement Reform Act” and other relevant laws to procurements
made for the construction or maintenance of flood management infrastructure to
respond to natural or man-made calamities.

SEC. 10. Authority of the President to Suspend the Requirements for National and
Local Permits, Licenses and Certifications, and to Streamline and Expedite the
Process for the Issuance thereof. - Notwithstanding any law, decree, order or
ordinance to the contrary, the President shall have the authority to:

(a) Accelerate and streamline regulatory processes and procedures for
applications for permits, licenses, clearance, certifications or authorizations for
constructing flood management infrastructures, including fixing or shortening
the periods provided under existing laws, regulations, issuances, and
ordinances; and


(b) Suspend or waive the requirements in securing such permits, licenses,
clearance, certifications or authorizations.

SEC. 11. Upgrading the salary of forest rangers. - The entry level salary of the forest
ranger position shall be at Salary Grade 18. In coordination with the Department of
Budget and Management, the DENR shall create additional positions where
augmentation of its enforcement manpower is necessary.

SEC. 12. Creation of an Oversight Committee. - For this purpose, Congress shall
establish a Joint Congressional Oversight Committee composed of four (4) members
of each House to be appointed by the Senate President and the House Speaker,
respectively. This Committee shall determine whether such acts, orders, rules, and
regulations are within the restrictions provided herein.

SEC. 13. Appropriations. - The corresponding amount required for the construction
and maintenance of flood management infrastructure nationwide pursuant to the
Masterplan shall be appropriated on a multi-year basis and included in the General
Appropriations Act each year following the effectivity of this Act.

The DPWH may also tap the official development assistance (ODA) of the Philippines’
Donor countries and institutions for concessional loans on a long-term repayment
basis for additional funding as needed to implement the provisions of this Act.

SEC. 14. Implementing Rules and Regulations. - The NEDA and DPWH shall, within
sixty days after the effectivity of this Act, formulate the necessary rules and
regulations for its effective implementation.

SEC. 15. Separability Clause. - If any provisions or part of this Act is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected
shall remain valid and subsisting.

SEC. 16. Repealing Clause. - Section 138 of Republic Act No. 7160, otherwise known.
as the “Local Government Code of 1991”, is hereby amended insofar as the provision
thereof is inconsistent with this Act.

All other laws, decrees, executive orders, letters of instruction, administrative orders,
rules, or regulations contrary to or inconsistent with the provisions of this Act are

hereby repealed, modified, or amended accordingly.

SEC. 17. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least (2) newspapers of general circulation.

Approved,