Republic of the Philippines
THE HOUSE OF REPRESENTATIV!
Quezon City
EIGHTEENTH CONGRESS
First Regular Session

House Bill No. _154
Introduced by: Hon. Amolfo ‘Amie’ A. Teves, Jr.
PROPOSED AMENDMENT TO SECTION 138, RA 7160
OTHERWISE KNOWN AS AN ACT PROVIDING
FOR A LOCAL GOVERNMENT CODE OF 1991

EXPLANATORY NOTE

The concept of provincial waters is non-existent. The law only contemplates of
municipal waters.

All rivers flow to the sea. It follows therefore that control over our rivers should be
given to the one who control the municipal waters, as all activities done on rivers
affect the municipal waters.

This bill seeks to amend the Section 138 of Republic Act No. 7160, to give the city
or municipal mayor better control and authority over the local government unit’s
territorial jurisdiction. This way, municipal waters are best protected and a higher
degree of accountability is easier established.

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

wn
ARNOLFO A. TEVES, JR.


Republic of the Phil
THE HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session
154

House Bill No.

Introduced by Rep. ARNOLFO A. TEVES, JR.

AN ACT PROPOSING AMENDMENTS TO SECTION 138, RA 7160,
OTHERWISE KNOWN AS AN ACT PROVIDING FOR A LOCAL
GOVERNMENT CODE OF 1991

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

SECTION 1. Section 138 of Republic Act No. 7160, otherwise known as
the “Local Government Code of 1991” is hereby amended to read as follows:

Tax on Sand, Gravel and Other Quarry Resources. - The province may levy
and collect not more than ten percent (10%) of fair market value in the locality
per cubic meter of ordinary stones, sand, gravel, earth, and other quarry
resources, as defined under the National Internal Revenue Code, as amended,
extracted from public lands or from the beds of seas, lakes, rivers, streams,
creeks, and other public waters within its territorial jurisdiction.

The permit to extract sand, gravel and other quarry resources shall be
issued exclusively by the city or municipal mayor, pursuant to the ordinance of
or municipality who has territorial jurisdiction

sand, gravel and other quarry resources are located.

The proceeds of the tax on sand, gravel and other quarry resources shall
be distributed as follows:

(1) Province - Thirty percent (30%);

(2) Component City or Municipality where the sand, gravel, and other
quarry resources are extracted - Thirty percent (30%); and

(3) Barangay where the sand, gravel, and other quarry resources are
extracted - Forty percent (40%).


SEC. 2. All laws, decrees, orders, rules, ordinance, and regulations or
parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SEC. 3. Separability Clause. ~ Should any provision of this Act be
declared invalid, the remaining provisions shall continue to be valid and
subsisting.

SEC. 4. Repealing Clause. - All laws, decrees, orders, rules and
regulations or parts thereof inconsistent with the provisions of this Act are
hereby amended, repealed or modified accordingly.

SEC. 5. Transitory Provision; Applicability to Pending Cases. — For
cases pending before the courts upon the effectivity of this Act where trial has
already started, the courts hearing such cases shall not lose jurisdiction over the
same by virtue of this Act.

SEC. 6. Effectivity. This Act shall take effect fifteen (15) days following
the completion of its publication in the Official Gazette or in any two (2)

newspapers of general circulation.

Approved: