EXPLANATORY NOTE
This   bill   seeks   to   establish   rivers,   river  systems,   beaches   and   waterways   as
ecological   zones.   One   of  the   most   critical   ecological   problems   of  the   country   is   the
environmental  degradation  of rivers  and  waterways.  The  damage  to  rivers  and  waterways
has not only threatened public safety but has already exacted cost in human lives.
The problem goes beyond the issue of failure of implementation and enforcement of
environmental  policies  or  laws  because  of  lack  of  efficient  land  use  policy  and  plan  by
government.
Declaring and establishing rivers, river systems, beaches, shores, and like
waterways as ecological zones is a feasible measure towards the fulfillment of national land
use  policy and  planning  in  the  Philippines.  This will  help  realize  the  Constitutional  mandate
of the  State  to  "protect  and  advance  the  right  of the  people  to  a  balanced  and  healthful
ecology." (Section  16, Article  11)
Approval of this bill is earnestly sought.


NINETEENTH CONGRESS                  )
REPUBLIC OF THE PHILIPPINES    )
First Regular session                           )
HOUSE OF REPRESENTATIVES
Introdue®d by R®presonfati`re Rufus B. Rodrigun                            __
House Bill-No.  5 3 8 6
AN ACT
DECLARING  AND   ESTABLISHING   RIVERS,   RIVER  SYSTEMS,   BEACHES,   SHORES
AND WATERWAYS AS ECOLOGICAL ZONES, AND FOR OTHER PURPOSES
Be it er?ct.ed by the Senate and  House of Representatives of the Philippines in Congress
assembled:
SECTION 1.  I/-I/e. This Act shall be known as the "River Systems and Waterways Ecological
Zones Act".
SEC, 2. Dec/araf/.on of po//.cy. -lt is hereby declared policy of the State to guarantee to the
people  a   balanced  and   healthful  environment  in  full  accord  with  the  rhythm  of  nature.
Pursuant thereto, all rivers, river systems, beaches, shores and other, waterways are hereby
declared ecological zones subject to the full protection of the State.
SEC. 3. Definition of Terms. -
a. "River" shall refer as follows:
1 ) A "major" river has at least 1,400 kilometers of drainage area; and
2) A ``principal" river has at least forty (40) square kilometers of drainage
b.  "River system"  is  a  network  of channels  naturally or artificially designed  to  drain
the whole catchment area into one outlet point,  and this includes esteros,  channels,
creeks, springs, brooks, storm drains, streams, tributaries and flood channels;
c.  "Waterways"  refer to  other water  channels  not  readily  recognized  as  river,  river
system,  beach  or  shores  but  serve  the  same  function  as  the  latter  as  may  be
determined  by  competent  authority  or  by  the  appropriate  government  agency,  i.e.
Department of Environment and Natural Resources (DENR);
d. "Environmental[y degraded" means either of the following:
1) The water quality has deteriorated  such that the dissolved  oxygen
content (DOC) is zero;  biochemical oxygen demand (BOD) is more than one-
hundred  milligrams per liter (100 mg/I);  presence of toxic substance or heavy
metals is above standards; or
2)  Heavily  silted  or filled  up  by  sediment;  absence  of  surface  water
flow; and erosion of river or waterway beds and banks.
e.  "Environmental  Impact Assessment  (EIA)"  -  refers  to  the  planning  and  decision-
making  process  which  includes  studies  of the  environment with  impact of a  project
including  a discussion  of the  direct and  indirect consequences  upon  human welfare
and  ecological  and  environmental  integrity.  EIA  should  also  include  studies  on  the
alternatives to proposed projects.


f.  ``Environmental  Impact  Statement  (EIS)"  -  refers  to  the  document  reflecting  the
aims to identify,  predict,  interpret and communicate information regarding changes in
environmental   quality   associated   with   a   proposed   project,   and   the   range   of
alternatives for the objectives of the proposal and their impact on the environment.
9.  "Statement  of  Environmental  Consequence"  -  refers  to  a  simpler or small  scale
version of the Environmental Impact Statement (lES) system.
SEC. 4. Purposes. -The primary purposes of this Act are as follows:
a. To recognize and  protect rivers and waterways as environmental resource critical
to the ecological dimension of the lives of the people;
b. To establish multi-use of rivers and waterways,  provided such is within the bounds
of environmental protection and ecological balance;
c.  To  legally equip  the  government  in  pursuing  environmental  protection  objectives
and enforcing corresponding laws,  rules and regulations; and
d.  To establish the  natural  resource of rivers and waterways within the context of a
national   land   and   resource     planning  and  zoning,   a   long-awaited   environmental
protection and efficient resource utilization measure.
SEC.   5.   Enyi.rormenfa/   Profecfi`on   System.   All   current   or   prospective   modes   of
occupancy,  utilization  or  application  of  portions  or  surrounding  areas  of  rivers,  beaches,
shores,   and   waterways   shall   henceforth   be   subjected   to   the   Environmental   Impact
Assessment  (EIA)  and  Environmental  Impact  Statement  (EIS)  Systems  or  Statement  of
Environmental    Consequences    (SEC)   for   small    scale   or   households   endeavors   as
determined   by   the   Environmental   Management   Bureau   (EMB)   of   the   Department   of
Environment and Natural Resources (DENR).
SEC. 6. Prohi.bi.fed Acts. - lt is hereby declared unla\^rful for any person, natural or juridical
to:
a. Dump solid, toxic and hazardous waste or untreated waste into the river system or
waterways;
b. Dump or throw domestic garbage into the river system or waterways;
c.  Squat  or  appropriate  banks  or  portion  of  rivers  or waterways  for  private  use  or
gain,  except as duly authorized  or allowed  for such  reasonable easement of public
use in the interest of recreation, navigation, floatage, fishing and salvage.
d.  Fence off or encroach upon any river system or waterways or portions thereof,  by
any  means  whatsoever,  and  convert  the  same  into  fishpens  or  other  private  or
commercial   use,   without  the   necessary  environmental   protection   clearance,   i.e.
ETA/ETS or SEC.
e. Aid or conspire by way of commission or negligence  in the perpetration of above-
cited prohibited acts.
SEC. 7. Pena/ C/ause. Any person who violates any act herein prohibited shall be punished
by imprisonment of not less than  six (6) years and  one (1 ) day but not more than eight (8)
years,  and  a  fine  of  not  less  than  Ten  Thousand  Pesos  (P10,000.00)  but  not  more  than
Twenty Thousand  Pesos (P20,000.00):  Prov/.ded,  However, That in case of violation of this
Act by an  association,  club,  partnership,  cooperative,  or corporation or other juridical entity,
the incumbent officers thereof who have knowingly participated  in the violation shall  be held
liable: Provt.bed,  Further, That if the offender is a foreigner, he shall be immediately deported
and  barred  forever from  entering  the  country  after  serving  sentence  and  paying  the  fine:
Provf.bed,  Further,  That  if the  offender  is  a  government  official  or  employee,  he  shall  be
permanently  barred  from  holding  any  public  office,  appointment  or employment:  Provided,
Finally, That the title, license, permit or lease held by the offender over the occupancy or use
of the portion of river system or waterway is automatically revoked.


1111111-
S_FC._8. Administration and Enforcement; Implementing Guidelines. -
The Secretary of the Department of Environment and Natural Resources (DENR) shall have
the primary responsibility for the administration and enforcement of this Act.  It shall transmit
all  cases  for  prosecution  arising  from  violations  of  this  Act  to  the  proper  authorities  for
appropriate action.
The implementing guidelines,  rules and  regulations,  programs,  projects and activities
needed  in  pursuit  of  the  provisions  of  the  Act  shall  be  promulgated  and  issued  by  the
Secretary of the DENR within ninety (90) days after the enactment of this Act.
SEC. 9. Appropr7.af/-ons.  - The  DENR shall  make the necessary realignment of its existing
budget  to  accommodate  the  initial  expenditures  in  pursuit  of the  provisions  of this  Act.  In
succeeding  years,  such  financial  support  from  the  government  shall  come  from  annual
appropriations.
SEC  10.  Devo/ufi.on.  -The  actual  enforcement or implementation  of the  provisions of this
Act shall be devolved to the Local Government Units five (5) years after the effectively of this
Act.  The DENR shall  render the necessary operating  policy,  monitoring and evaluation,  and
technical assistance.
SEC.11.  Repea//.ng  C/ause.  -Any  law,  decree,  rule,  regulation  or other issuance  or  part
thereof inconsistent with the provisions of this Act is hereby repealed, amended or modified
accordingly.
SEC.12. Effecfi.yJ.fy C/ause. -This Act shall take effect fifteen (15) days after its publication
in at least two (2) newspapers of general circulation.
Approved,