TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
ef !i,.
25 JUL 21 AID 34
SENATE
S. No. 731
Rt;ct(vtL>e-
Introduced by Senator FRANCIS N. PANGILINAN
AN ACT
INSTITUTING A NATIONAL DAM SAFETY PROGRAM, ESTABLISHING THE 
NATIONAL DAM SAFETY AUTHORITY, PENALIZING VIOLATIONS THEREFOR 
AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The Philippines, highly vulnerable to natural disasters due to its geographical 
location within the typhoon belt, frequently experiences severe flooding. While dams 
are crucial for water management, their improper operation or failure can significantly 
worsen floods, leading to devastating loss of life, property damage, and economic 
disruption.
The country has a history of devastating floods exacerbated by dam operations. 
Incidents like Typhoon Ondoy (2009), Typhoon Ulysses (2020), Typhoon Pepito 
(2024), and the July 2024 Metro Manila flooding underscore the urgent need for a 
robust and dedicated regulatory framework.
Establishing a National Dam Safety Authority is crucial for centralized oversight, 
technical expertise, and independent regulation of our vital water resources. This 
proactive measure will not only build national resilience against disasters and ensure 
sustainable and safe utilization but also directly benefit agriculture by securing reliable 
irrigation and protecting agricultural lands from dam-related hazards.


In view of the foregoing, the passage of this measure is earnestly sought.
FRANCISI^ANGILINAN
Senator


TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
s. No. 731
THE p
itf) TIME:
BILLS &
Introduced by Senator FRANCIS N. PANGILINAN
AN ACT INSTITUTING A NATIONAL DAM SAFETY PROGRAM, ESTABLISHING 
THE NATIONAL DAM SAFETY AUTHORITY, PENALIZING VIOLATIONS 
THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled:
1 
SECTION 1. Short Title. - This Act shall be known as the "Dam Safety Act".
2 
Sec. 2. Declaration of Policy. - It shall be the policy of the State to:
3 
a) Uphold the people's constitutional rights to life and property by instituting a
4 
National Dam Safety program that is pro-active, consultative, transparent,
5 
responsible, and gives due regard to the possible occurrence of disasters and
6 
destruction to property and loss of lives;
7 
b) Adhere to universal norms, principles, and standards of humanitarian
8 
assistance and the global effort on risk reduction as concrete expression of
9 
the country's commitment to overcome human sufferings due to recurring
10 
disasters;
11 
c) Incorporate internationally accepted principles of management in the creation
12 
and implementation of national disasters;
13 
d) Adopt a national dam safety program that is holistic, comprehensive,
14 
integrated, and proactive in lessening the socio-economic and environmental
15 
impacts of dams including possible destruction to property and loss of lives


1 
and promote the involvement and participation of all stakeholders concerned,
2 
at all levels, especially the local community and the local government units;
3 
e) Recognize and strengthen the capacities of LGUs and communities in
4 
mitigating and preparing for, responding to, and recovering from the impact
5 
of disasters.
6 
Sec. 3. Definition of Terms. - For purposes of this Act, the following terms shall
7 
refer to:
8 
a) "Early warning systeni' refers to the set capacities needed to generate and
9 
disseminate timely and meaningful warning information to enable
10 
individuals, communities and organization threatened by a hazard to
11 
prepare and to act appropriately and in sufficient time to reduce the
12 
possibility of harm or loss. A people-centered early warning system
13 
necessarily comprises four (4) key elements: knowledge of the risks;
14 
monitoring, analysis and forecasting of the hazards; communication or
15 
dissemination of alerts and warnings; and local capabilities to respond to
16 
the warnings received. The expression "end-to-end warning system" is also
17 
used to emphasize that warning systems need to span all steps from hazard
18 
to community response;
19 
b) "Emergency' refers to unforeseen or sudden occurrence, especially danger,
20 
demanding immediate action;
21 
c) "Emergency management' refers to the organization and management of
22 
resources and responsibilities for addressing all aspects of emergencies, in
23 
particular, preparedness response and initial recovery steps;
24 
d) "NationalDam Safety Piari' refers to a set procedures, processes or protocols
25 
as promulgated by the National Dam Safety Authority to be observed in the
26 
management and control of dams, especially during emergency situations.
27 
Sec. 4. The National Dam Safety Authority. - The National Dam Safety Authority
28 
(NDSA) is hereby created, hereinafter referred to as the Authority, which is tasked to
29 
control, manage, and coordinate operations of all dams in the country.
30 
Sec. 5. Principal Office and Term. - The Authority shall have its main office in
31 
Metro Manila and may establish area offices as may be determined by it, if necessary,
32 
to achieve the objectives of this Act. The Authority shall have a term of twenty-five
2


1 
(25) years from the effectivity of the Act and may be renewed for the same period
2 
unless otherwise provided by the law.
3 
Sec. 6. Power and Functions of the NDSA. - The Authority shall have the
4 
following powers and functions:
5 
a) Exclusive power to control, manage and operate all dams in the country, in
6 
coordination with proper agencies. It may, however, delegate management
7 
to agencies currently managing dams, provided that, such delegated
8 
agencies shall be under the direct control and management of the Authority
9 
during emergency;
10 
b) Formulate a comprehensive and holistic national dam safety plan that is
11 
consistent with the declared principles of this Act, which shall include
12 
provisions on early systems, consultation and coordination with all
13 
concerned agencies including LGUs and the private sector;
14 
c) Integrate, prioritize, program and implement, whenever allowed and
15 
authorized by applicable laws, in relation to control, management and
16 
operation of dams;
17 
d) Recommend to and, whenever necessary, call upon the proper agencies on
18 
the technical support, physical assistance, and generally, the level of
19 
priority to be accorded to agricultural, industrial, commercial, and
20 
infrastructure, environmental and technological programs and projects
21 
soliciting or requiring direct or indirect help from or through the national
22 
government or any of its instrumentalities;
23 
e) Explore sources for financing priority on the control, management and
24 
operations of dams;
25 
f) Shall be responsible for the safe construction and maintenance of a dam, and
26 
repairs of existing dams;
27 
g) To sue, enter into contracts, acquire, purchase, hold, lease, transfer, dispose
28 
of properly, of any kind or nature to carry out the purpose of this Act; and
29 
h) Shall disseminate information on the proceedings and documents related to
30 
modern trends in dam engineering, construction, operation and maintenance
31 
of dams;


1 
i) Discharge other functions that may be deemed necessary or as may be
2 
provided by law.
3 
Sec 7. Chairperson. - The chairperson shall be appointed by the President of
4 
the Philippines with an undersecretary rank and shall act the Head of Office. He / She
5 
shall serve a term of six (6) years from the date of his/her appointment unless
6 
removed for cause: Provided, that no person shall be appointed as chairperson unless
7 
he/she is holder of a degree in law or a master's degree in any of the following fields:
8 
hydrology, Environmental Planning, Public Administration, Management or
9 
Engineering, or their equivalent and have at least ten (5) years relevant experience in
10 
said fields.
11 
The Chairperson shall have the following duties and functions:
12 
a) Call and preside meetings of the Board and see to it that the policies,
13 
programs and rules and regulations are implemented properly;
14 
b) Call on formidable players in the formulation and implementation of a
15 
comprehensive and integrated national dam safety program and the preparation of
16 
the budget and programming priorities, annual reports and other pertinent documents
17 
approved by the authority;
18 
c) Identify solutions to key issues and concerns, considering related risks,
19 
affected parties and impact, in coordination with the Board and key
20 
stakeholders;
21 
d) Advocate the Authority among the various concerned sectors and
22 
stakeholders; e) Call on any agency, group, individual member of the board,
23 
local government unit, and host community to address issues and concerns
24 
relating to implementation of major programs, projects and activities;
25 
f) Endorse to the Board all policy recommendations, plans and programs for
26 
the approval;
27 
g) Represent the Board in regular and special Cabinet meetings; Accept, on
28 
behalf of the Authority, donations, contributions, grants and bequests or gifts,
29 
in cash or in kind, from members, foreign governments, international agencies,
30 
private entities or any individual for purpose that will realize the functions of
31 
the Authority; h) Supervise administrative operations including disbursement of


1 
any fund of the Authority, subject to the usual accounting and auditing
2 
procedures, and submit reports thereon;
3 
i) Execute and administer the policies and measures approved by the Board;
4 
j) Appoint all employees of the Authority, and remove, dismiss or otherwise
5 
discipline for cause, such employees in accordance with the standard guidelines
6 
for recruitment, employment, and discipline in the Civil Service Code;
7 
k) Represent the Authority in all dealings with other offices, agencies, and
8 
instrumentalities of the government and with all persons and entities, public or
9 
private;
10 
I) Sign agreements and/or contracts on behalf of the Authority, including those
11 
for expert and consultant services and other reports of accountabilities
12 
emanating from the Authority; 
and
13 
m) Perform such other functions that the Board may direct to carry out
14 
provisions of this Act.
15 
Sec. 8. Executive Director. - An Executive Director shall be appointed by the
16 
President of the Philippines upon recommendation by the Chairperson: Provided, that
17 
no person shall be appointed as Executive Director unless he/she is a holder of a
18 
degree in any of the fields provided for in the preceding section. The Executive Director
19 
shall assist the Chairperson in carrying out the functions of the Authority and shall,
20 
likewise, serve as the Secretary of the Board.
21 
Sec. 9. Board of Directors. - The Authority's overall directions and thrusts shall
22 
be provided and approved, unless provided otherwise in this Act, by the NDSA Board
23 
of directors, hereinafter referred to as the Board.
24 
It shall be composed of the following members;
25 
(a) The Secretary of the Department of National Defense;
26 
(b) The Secretary of the Department of Public Works and Highways;
27 
(c) The Secretary of the Department of Energy;
28 
(d) The Secretary of the Department of Health;
29 
(e) The Secretary of the Department of Social Welfare and Development;
30 
(f) The Secretary of the Department of Agriculture;
31 
(g) The Secretary of the Department of Environment and Natural Resources;
32 
(h) The Secretary of the Department of Interior and Local Government;
5


1 
(i) A Senator, upon designation by the Senate President, who shall be an ex
2 
officio member;
3 
(j) The Chairperson of the House Committee on Environment, who shall be an
4 
ex officio member;
5 
(k) The Chairperson of the House Committee on Ecology, who shall be an ex
6 
officio member;
7 
(I) The Chairperson of the House Committee on Energy who shall be an ex
8 
officio member;
9 
(m) A Local Chief Executive (LCE) designated by the Union of Local Authorities
10 
of the Philippines (ULAP), Provided that the Governor of the Province where the Dam
11 
is located shall be represented in the Board;
12 
(n) The respective Presidents of the League of Cities and the League of
13 
Municipalities;
14 
(o) The Administrator of MWSS;
15 
(p) A Representative from the NWRB;
16 
(q) A Representative from the National Power Corporation (NAPOCOR);
17 
Three (3) representatives from the private sector to be appointed by the President,
18 
upon the recommendation of the Board comprising of one (1) representative each
19 
from the: (1) Energy Sector (2) Water Sector; and (3) Irrigator's Sector.
20 
The term of three (3) representatives from the private sector shall be six (6) years:
21 
Provided, That at the initial appointment of such members, the second member to be
22 
appointed shall only serve a term of four (4) years and the third member to be
23 
appointed shall only serve term of two (2) years: Provided, further. That they shall
24 
continue to hold office until their successors shall have be appointed.
25 
All vacancies, prior to the expiration of the term, shall be filled for the unexpired
26 
term only. Members of the Board shall receive a per diem of not more than Five
27 
Thousand pesos (Php 5, 000.00) for every Board meeting: Provided, however. That
28 
the per diem collected per month does not exceed the equivalent of four (4) meetings:
29 
Provided, further. That the amount of per diem for every Board meeting may be
30 
increased by the President but such amount shall not be increased within two (2)
31 
years its last increase.
32 
The Board shall have the following functions:
6


1 
(a) Provide direction and guidance for the Authority's work on dam safety;
2 
(b) Ensure that the goals and policies of the Authority are consistent with the
3 
overall national development goals and objectives;
4 
(c) Ensure that the programs of the Authority are consistent with regional and
5 
local development plans, programs and projects and vice versa for purposes
6 
of harmonization;
7 
(d) Create committees/task forces as may be deemed necessary in the
8 
accomplishment of duties and functions;
9 
(e) Determine schedules, establish voting procedures, criteria for the
10 
constitution of a quorum and other rules and regulations in the conduct of
11 
Board meetings; and
12 
(f) Perform such functions as may be necessary to carry out the purposes of
13 
this Act.
14 
Sec. 10. Executive Committee. - The Board shall constitute an Executive
15 
Committee, hereinafter referred to as the Exe Com, from among its membership to
16 
act, for and on its behalf when the Board is not in session, on urgent matters as may
17 
be deemed necessary by the Chairperson, ensure inter-regional representation and
18 
participation, the following shall comprise the Exe Com; (a) The Chairperson; (b) The
19 
Executive Director; and, (c) The Representative from the Private Sector.
20 
Sec. 11. Organizationai Structure. - The Chairperson, upon approval of the
21 
Board, shall determine the organizational structure, staffing pattern and pay scales of
22 
the Authority subject to existing civil service and compensation laws. The Chairperson
23 
may reorganize the Authority and may create or abolish divisions, units or branches
24 
therein as the exigencies of the affairs of the Authority may require.
25 
Sec. 12. Merit System. - All officials and employees of the Authority shall be
26 
selected and appointed on the basis of merit and fitness in accordance with civil service
27 
law, rules and regulations. The recruitment, transfer, promotion, and dismissal of all
28 
its personnel including temporary workers shall be governed by a merit system that
29 
will be established by the NDSA in compliance with existing laws, rules and regulations.
30 
Sec. 13. Transitory Provision — The present agencies tasked to manage and
31 
operate dams shall make the necessary preparations and turn-over the management,
32 
control and operation of the dams under the control and management to the Authority
7


1 
one year after the affectivity of this Act. Provided, that such present agencies may
2 
retain management and control of dams if the Authority shall delegate the same as
3 
may be determined by the Board. Within one (1) year from the affectivity of this Act,
4 
the Authority shall submit to the President and to both houses of Congress the National
5 
Dam Safety Plan.
6 
Sec. 14. Penalties. - The consultation with all stakeholders shall be mandatory
7 
upon the Authority particularly in times of emergency. In times of calamities, typhoons
8 
and other disasters which affect dams, it shall be mandatory that the Authority,
9 
through the Executive Committee shall confer with concerned agencies and
10 
stakeholders on the status of dams, including water levels and other information that
11 
are relevant to ensure the safety of the people. The Authority shall conduct a massive
12 
public information on their action during emergency situations including issuance of
13 
early warning devices. Failure to conduct consultations and the disclosure of relevant
14 
information to the public is hereby penalized with imprisonment of not less than three
15 
(3) months to six (6) years imprisonment and a fine ranging from One Million Pesos
16 
(Php IM) to ten Million Pesos (Php lOM) upon the discretion of the court.
17 
Sec. 15. Appropriations. - The amount necessary to finance the initial
18 
implementation of this Act shall be charged against the current year's appropriations
19 
of the Department of Public Works and Highways. Thereafter, the current budget shall
20 
be increased by one hundred percent (100%), which shall be included in the annual
21 
General Appropriations Act (GAA) for its continued implementation.
22 
Sec. 16. Implementing Rules and Regulations. - The Authority shall adopt rules
23 
and regulations to implement the provisions of this Act within sixty (60) days from the
24 
date of its approval.
25 
Sec. 17. Repealing Clause. - All laws, decrees, executive orders, rules and
26 
regulations or parts thereof inconsistent with or contrary to the provisions of this Act
27 
are hereby repealed or modified accordingly.
28 
Sec 18. Separability Clause. - If any part or provision of this Act is held
29 
unconstitutional or invalid, other parts or provisions hereof which are not affected shall
30 
continue to remain in full force and effect.


1 
Sec. 19. Effectivity. - This Act shall take effect fifteen (15) days following
2 
completion of its publication in at least two (2) newspapers of general circulation.
Approved,