22SEP 2014 ©
Gac

Sixteenth Congress
Second Regular Session

HOUSE BILL No,__5938

Introduced by Honorable Rosenda Ann Ocampo

EXPLANATORY NOTE

This bill seeks to require subdivision and condominium owners and developers
to provide rainwater wells and collectors in their subdivision or condominium
projects as part of flood mitigation measure.

Being a tropical country, the Philippines frequently experiences typhoons and
monsoon rains that bring heavy rainfalls. These heavy rainfalls, coupled with the
devastating effects of climate change, result to loss of lives and damage to properties.

Natural calamities and freak weather phenomenon cannot be prevented. But
there are creative and effective ways to minimize the effects caused by typhoons and
monsoon rains. One way is to provide for a rainwater wells and collectors that will
harvest, collect and store rainwater to prevent its direct discharge to drainages or
sewers to mitigate, if not prevent, flooding in low-lying areas.

The government encourages the pi ipation of the private sector in its effort
to implement and find new ways to control floods. This bill therefore requires
subdivision and condominium owners and developers to provide rainwater wells and
collectors in their subdivision or condominium projects.

In view of the foregoing, approval of this bill is earnestly recommended.



Sixteenth Congress
Second Regular Session

HOUSE BILL NO. 5038

Introduced by Honorable Rosenda Ann Ocampo

AN ACT
REQUIRING SUBDIVISION AND CONDOMINIUM OWNERS AND
DEVELOPERS TO PROVIDE RAINWATER WELLS AND COLLECTORS
IN THEIR SUBDIVISION OR CONDOMINIUM PROJECTS AS PART OF
FLOOD MITIGATION MEASURE

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

SECTION 1. All subdivision and condominium owners and developers are
hereby required to provide rainwater wells and collectors in their subdivision or
condominium projects as part of flood mitigation measure.

For purposes of this Act, rainwater wells and collectors refer to structures
or receptacles that will harvest, collect and store rainwater and prevent the direct
discharge of rainwater to drainages or sewers which causes flooding in low-lying,
areas.

SEC. 2. Subdivision and condominium owners and developers shall not be
issued licenses, permits, clearances and other documents by government offices or
government regulatory agencies if their subdivision or condominium plans have

no provision for rainwater wells and collectors. The same license or permit shall


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not be renewed if the subdivision or condominium owners and developers fail to
construct the rainwater wells and collectors in violation of this Act.

SEC. 3. Failure on the part of the owner or developer of subdivision or
condominium project to construct the rainwater wells and collectors shall be
punishable with a fine of five hundred thousand pesos (P500,000.00) but not more
than two million pesos (P2,000,000.00) or imprisonment of not less than six (6)
months but not more than one (1) year, or both, at the discretion of the court.

In the case of a partnership, association, corporation or any juridical person,
the fine shall be imposed upon the president, treasurer or any other officer or
person responsible for the violation.

If the offender is a foreigner, the offender shall be deported immediately
without further proceedings in the Bureau of Immigration after the service of
sentence.

Government officials, employees and agents who shall approve the issuance
of licenses or permits in violation of this Act shall suffer the penalty of suspension
of not less than ten (10) days but not more than thirty (30) days afier due notice
and hearing in the appropriate administrative proceedings.

SEC. 4. Within sixty (60) days from the effectivity of this Act, the
Secretary of Public Works and Highways shall, in coordination with the Secretary
of the Interior and Local Government and the Chief Executive Officer of the

Housing and Land Use Regulatory Board, promulgate the necessary rules and


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regulations for the effective implementation of this Act.

SEC. 5. All laws, orders, rules and regulations, and other issuances
inconsistent with the provisions of this Act are repealed, amended or modified
accordingly.

SEC. 6. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,