EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
of II:;' 'iM'ffof.v
SENATE
20 NOV 11 P2 54
Introduced by SENATOR CYNTHIA A. VILLAR
AN ACT
CREATING THE BORACAY ISLAND DEVELOPMENT AUTHORITY, DEFINING 
ITS POWERSAND FUNCTIONS, PROVIDING FINES, PENALTIES, AND 
FUNDS THEREFOR AND OTHER PURPOSES
EXPLANATORY NOTE
Under the 1987 Philippine Constitution, it Is enunciated as the policy of the 
State "to protect and advance the right of the people to a balanced and healthful 
ecology in accord with the rhythm and harmony of nature."1
In line with the constitutional guarantee of ensuring a healthful ecology, 
landmark laws such as the Republic Act (RA) No. 9003 or the "Ecological Solid Waste 
Management Act" and RA No. 9275 or the "Philippine Clean Water Act" were 
enacted.
However, despite the existence of these laws, the environment continues to 
gravely suffer from degradation. This may be attributed to the combined weak 
implementation of the environmental laws by the authorities and indifference to 
these laws by the people.
The Boracay Island, which is one of the best beaches In the world and 
considered a world-famous jewel of Philippine tourism, was not spared from 
environmental degradation. Through the years, Boracay Island gained popularity
1 Article II, Section 16, 1987 Philippine Constitution


and became a top tourism destination in the Philippines, thereby ushering in 
developments, such as hotels, resorts, restaurants, bars and rental houses that were 
built over the island to provide accommodation to the ever growing number of 
tourists. Boracay Island even became an entertainment hub as it played host to 
some of the biggest parties and festivities in the country, particularly during 
holidays. The exponentially increasing number of tourists became unsustainable and 
breached the island's carrying capacity. The apathetic concern for the environment 
amidst the thriving development in Boracay, along with the weak implementation of 
the environmental laws by the authorities eventually led to a polluted Boracay Island 
then.
In 2018, several news reports exposed the environmental problems besetting 
Boracay Island, particularly the improper solid waste management and deficient 
sewerage system. A materials recovery facility in Barangay Manoc Manoc In Boracay 
became an open dumpsite of mixed waste because segregation was not properly 
observed. As to the sorry state of the Island's sewerage system, no less than 
President Rodrigo Roa Duterte remarked that "Boracay is a cesspool". It was 
revealed that the water concessionaires in the island have been found to have 
deficient wastewater treatment facilities; while some of the establishments were 
found to be illegally discharging their wastewater to the beach. Apart from these, it 
was discovered that several beachfront properties have built over the supposed 
easement from the shorelines, while some establishments have encroached on the 
island's natural wetlands.
The persistent environmental degradation of Boracay prompted the President 
to issue Proclamation No. 475 on April 26, 2018 declaring a temporary closure of the 
island as a tourist destination for six (6) months so that it could be rehabilitated. For 
this purpose. President Duterte likewise issued Executive Order No. 53 creating the 
Boracay Inter-Agency Task Force (BIATF) tasked to formulate, implement and 
oversee policies, as well as strictly enforce national laws and local ordinances, to 
ensure the rehabilitation and ecological sustainability of Boracay.


During the rehabilitation period, remedial measures were instituted to restore 
the ecological integrity of Boracay. These measures include, among others: 
observance of proper solid waste management that includes the maintenance of an 
efficient MRF; a massive crackdowns on erring tourist establishments found to be 
flagrantly violating environmental laws; dismantling of illegal structures in 
supposedly "no-build" zones along beachfronts as well as those encroaching the 
wetlands; prevention of the discharge of untreated wastewater from establishments 
near beachfronts; completion of road and drainage projects; and continuous 
rehabilitation of the wetlands in partnership with the private sector. These initiatives 
brought about an improved ecological condition of Boracay when it was opened to 
tourists after the rehabilitation period.
To sustain the efforts undertaken and to prevent the recurrence of the 
problems encountered In the past, the following regulations on the island were 
adopted, among others: accommodation of tourists are only limited within the 
carrying capacity of the island; prohibition of structures (day beds, tables, chairs, 
and beach umbrellas) on the shores easement; and regular conduct of 
environmental compliance monitoring and construction of more sewage treatment 
plants (MFR) to maintain good water quality.
For the long term sustainability of the rehabilitation done on the island, the 
BIATF proposes the creation of a Boracay Island Development Authority (BIDA), 
attached to the Office of the President, that will promote and accelerate the 
sustainable development and balanced growth of Boracay Island consistent with the 
necessity of maintaining a sound ecological balance on protecting and enhancing the 
quality of the environment.2 The composition of BIDA will Include representatives 
from the pertinent national government agencies - DENR, DILG, DOT, DPWH, DOH 
DOJ, the Governor of Akian, the Mayor of the Municipality of Malay, all as ex-officio 
members, a General Manager to be appointed by the President and two (2) 
representatives from the private sector. The Authority shall have the following 
functions and responsibilities, among others: to operate, administer and develop 
Boracay Island; to formulate and Implement short and long-term plans and
2 BIATF Resolution No. 2020-01 dated June 11, 2020
3


strategies for eco-tourism development, environmental protection, social 
development, and Infrastructure development only in Boracay Island; to establish a 
graded system of protection and development control over the whole of Boracay 
Island; to adopt and implement measures and standards, as formulated by 
standards setting bodies, for environmental pollution control of all areas within its 
territory; and to regulate the entry of people, vehicles, supplies, and materials to the 
island consistent with the prevailing carrying capacity of the island
In view of the foregoing, I earnestly seek the approval of this measure.
CYNTHIA A. VILLAR


EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
SENATE
r.f.;Kfcr.-.TWa.v
20 NOVn P2S4
Introduced by SENATOR CYNTHIA A. VILLAR
AN ACT
CREATING THE BORACAY ISLAND DEVELOPMENT AUTHORITY, DEFINING 
ITS POWERS AND FUNCTIONS, PROVIDING FINES, PENALTIES, AND 
FUNDS THEREFOR AND OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
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Section 1. Short Title. - This Act shall be known as the "Boracay Island
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Development Authority".
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Sec. 2. Declaration of Policy. - It is hereby declared the national policy to
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promote, and accelerate sustainable development and balanced growth of Boracay
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Island consistent with the necessity of maintaining a sound ecological balance on
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protecting and enhancing the quality of the environment. Towards this end, the
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Boracay Island Development Authority (BIDA) shall formulate policies, plans,
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programs, and projects for the rehabilitation, preservation, and enhancement of
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Boracay Island which shall ensure environmental management and control,
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advancement of the quality of human life and ecological systems, and the prevention
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of undue ecological disturbances, deterioration and pollution.
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Sec. 3. Regulation of the Utilization and Development of the Boracay Island. -
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The utilization and development of Boracay Island shall be strictly regulated
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pursuant to all laws and statutes on the utilization, conservation, preservation and
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protection of natural resources and the environment. All utilization and development


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shall strictly comply with the land use plan approved by the Boracay Island
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Development Authority and the requirements imposed by existing environmental
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laws, rules, regulations and other issuances, taking with utmost consideration at all
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times the sustainable use and development of the area.
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Sec. 4. The Boracay Island Development Authority. - For the purpose of
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carrying out and effecting the declared national policy, there is hereby created a
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body to be known as the Boracay Island Development Authority (BIDA), hereinafter
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referred to as the 'Authority'.
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Within the framework and subject to the mandate and limitations of the
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Constitution, Boracay Island shall be developed into a sustainable commercial,
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financial. Investment, and tourism center to generate employment opportunities and
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to attract foreign and local tourists and promote productive investments, taking into
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account the protection and preservation of the natural resources and biodiversity.
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The Authority is attached to the Office of the President and shall execute the
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powers and functions herein vested and conferred upon it, in such a manner as will,
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in its judgment, aid to the fullest possible extent in carrying out the goals and
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purposes set forth below.
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It shall be organized within ninety (90) days from the approval of this Act.
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Sec. 5. Definition of Terms. - As used In this Act, the following terms are
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deemed as follows:
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a) "Boracay Island" refers to the tourist destination covering the 
Barangays of Balabag, Manoc-Manoc, and Yapak in the Municipality of 
Malay, Province of Akian, located approximately 315km (200 miles) 
south of Manila and 2km off the Northwest tip of the Island of Panay in 
the Western Visayas Region of the Philippines;
b) "Sustainable development" means the Improvement in the quality of 
life of the present and future generations through the


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complementation of development and environmental protection 
activities and programs;
c) "Natural Resources" refer to life-support systems such as the sea, coral 
reefs, soil, lakes, rivers, streams, and forests as well as useful products 
found therein such as minerals, wildlife, trees and other plants, 
including the aesthetic attributes of scenic sites that are not man­
made;
d) "Conservation" refers to the wise use of natural resources that assures 
regeneration and replenishment for continuous benefit;
e) "Ecology" means the life-sustaining interrelationships and interactions 
of organisms with each other and with their physical surroundings;
f) "Graded system of protection" refers to a system similar to zoning, 
where different areas are subjected to differing ievels of protection and 
development, as appropriate;
g) "Forest lands" Include the public forest, the permanent forest or forest 
reserves, and forest reservations;
h) "Public forest" means the mass of lands of the public domain which has 
not been the subject of the present system of classification for the 
determination of which lands are needed for forest purposes and which 
are not;
i) "Permanent forest or forest reserves" refers to those lands of the public
domain which have been the subject of the present system of 
classification and determined to be needed for forest purposes;
j) "Forest reservations" refer to forest lands which have been reserved by
the President of the Philippines for any specific purpose or purposes;
k) "Easement" refers to the twenty-five (25) plus five (5) meters no build 
area and setback observed In Boracay Island wherein no building or 
structures of any kind neither commercial, business, recreational and 
residential, whether permanent or temporary shall be constructed


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and/or allowed to operate on the beaches around the island including
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the offshore waters;
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I) "Ancestral lands" refer to land occupied, possessed and utilized by
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individuals, families and clans who are members of the ICCs/IPs since
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time immemorial, by themselves or through their predecessors-in-
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interest, under claims of individuai or traditional group ownership,
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continuously, to the present except when interrupted by war, force
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majeure or displacement by force, deceit, stealth, or as a consequence
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of government projects and other voluntary dealings entered Into by
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government and private individuals/corporations, including, but not
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limited to, residential lots, rice terraces or paddies, private forests,
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swidden farms and tree lots.
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m) "General Manager" refers to the chief operating or executive officer of
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the Boracay Island Development Authority (BIDA) duly appointed by
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the President;
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Sec. 6. Location of Principal Office. - The Authority shall maintain its principal
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office In Boracay Island, but it may have branch offices in such other places as may
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be necessary for the proper conduct of its business.
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Sec. 7. Powers, Functions, and Responsibilities of the Authority. - The
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Authority shall have the following powers, functions, and responsibilities:
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a) To operate, administer, manage, and develop Boracay Island;
b) To formulate and implement short and long-term plans and strategies for 
eco-tourism development, environmental protection, social development, 
and infrastructure development only in Boracay Island;
c) To establish a graded system of protection and development control over 
the whole of Boracay Island, Including its tribal lands, forests, mines, 
agricultural areas, settlement areas, biodiversity, mangroves, coral reefs, 
seagrass beds and the surrounding sea and shall be carried out in


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coordination with and shall not overlap with the protection and control 
functions of existing government entities;
d) To protect, maintain, and develop forestlands, protected areas, and 
wetlands; enforce the rules and regulations of DENR and other 
government agencies directly Involved in the above functions;
e) To adopt and implement measures and standards, as formulated by 
standards setting bodies, for environmental pollution control of all areas 
within its territory;
f) To update the prevailing carrying capacity study every three (3) years;
g) To approve or disapprove and issue necessary clearances for all plans, 
programs, and projects by the local government offices/agencies within 
the Island, public corporations and private persons or enterprises where 
such plans, programs and/or projects are related to the mandate of the 
Authority;
h) To undertake and regulate the establishment, operation and maintenance 
of utilities, other services and infrastructure in the Island;
i) To order the demolition or removal of illegally constructed structures, 
whether temporary or permanent, in public domain including but not 
limited to easements and forest lands areas. Such demolition or removal 
shall be carried out by the Department of Public Works and Highways;
j) To order the closure, cessation of operations, and suspension or stoppage 
of development or construction of establishments for non-compliance of 
applicable permits and licenses or violation of any provision of this act, 
rules and regulations issued by the Authority, and existing laws;
k) To regulate the entry of people, vehicles, supplies, and materials to the 
island consistent with the prevailing carrying capacity study;
l) To adopt, amend, and rescind such rules and regulations and impose 
reasonable fines and penalties for the effective implementation of the 
provisions of this Act; and


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m) To perform such other powers as may be necessary under existing iaws to 
carry out the purposes of this Act.
Sec. 8. Relationship of the Authority and the local government units. -
a) In no case shaii any provision of this Act resuit in the diminution of locai 
taxing authority, and the generai supervision of higher levei LGUs to iower 
level LGUs; and
b) The decision of the Authority shall prevail in case of conflict between the 
Authority and the local government units concerned on matters affecting 
Boracay Island, except on the issue as mentioned in the Immediately 
preceding paragraph.
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Sec. 9. Composition of the Authority. - The powers shall be vested in and
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exercised by the Authority, composed of eleven (11) members, as follows:
a) The General Manager to be appointed by the President of the Philippines;
b) Secretary of the Department of Environment and Natural Resources as 
Chairman;
c) Secretary of the Department of the Interior and Local Government as Vice 
Chair;
d) Secretary of the Department of Tourism as Co-Vice Chair;
e) Secretary of the Department of Public Works and Highways;
f) Secretary of the Department of Health;
g) Secretary of the Department of Justice;
h) The Governor of the Province of Akian as ex-officio member;
i) The Municipal Mayor of the Municipality of Malay as ex-officio member; 
and
j) Two (2) representatives from the private sector.
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The President of the Philippines shall appoint a General Manager from a list of
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at least three nominees recommended by the Authority. The General Manager shall
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be coterminous with the term of the President and shall not be reappointed for


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another term. Appointment to any vacancy shall only be for the unexpired term of
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the predecessor.
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The Secretaries of the respective National Government Agencies shall appoint
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a permanent alternate representative who shall be at least an Assistant Secretary In
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rank. He/she shall attend meetings of the Authority in the absence of their
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principals.
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The two (2) representatives from the private sector shall be composed of one
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(1) representative who shall be a resident of the Municipality of Malay representing
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either civil society organizations whose principal purpose is environmental protection
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and sustainable development or the local business organizations; and one (1)
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representative from the Tourism Congress of the Philippines.
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Sec. 10. Qualifications. - No person shall be appointed or designated as
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General Manager unless he/she Is a natural-born Filipino citizen, of good moral
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character, of unquestionable integrity, and of recognized competence in relevant
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fields including, but not limited to, economics, management. International relations,
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law, or engineering.
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Sec. 11. Functions of the Authority. - The Authority shall be the policymaking
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body of the Authority and shall perform the following functions:
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a) Determine the organizational structure of the Authority, define the duties 
and responsibilities of all officials and employees and adopt a 
compensation and benefit scheme as least equivalent to that of the 
Bangko Sentral ng Pilipinas;
b) Create such other divisions and positions as may be deemed necessary for 
the efficient, economical and effective conduct of the activities of the 
Authority;
c) Appoint all officials down to the third level and authorize the General 
Manager of the Authority to appoint all others, provided that all 
appointments shall be on the basis of merit and fitness and all personnel


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action shall be in pursuance of Civil Service laws, rules and regulations,
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except those coterminous employees of the members of the Authority;
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d) To decide with finality on matters affecting Boracay Island, except on the
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issue as mentioned in Section 8, paragraph "a".
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e) Prepare the annual and supplemental budgets of the Authority; and
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f) Submit an annual report of the operation and such other reports as may
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be required, including the details of the annual and supplemental budgets
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of the Authority to the President of the Philippines, President of the
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Senate, Speaker of the House of Representatives, and the National
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Economic Development Authority.
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Sec. 12. Meetings of the Authority. - The Authority shall meet at least once
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every quarter and as the need arises. The Authority shall be convened by the
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Chairman or upon written request signed by a majority of the members.
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Sec. 13. Powers and Functions of the General Manager. - The General
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Manager shall be the chief executive of the Authority. As such, he/she shall have the
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following powers and duties:
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a) Submit for consideration of the Authority the policies and measures which
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he/she believes to be necessary to carry out the purposes and provisions
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of this Act;
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b) Execute and administer the policies, plans, programs and projects
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approved by the Authority;
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c) Direct and supervise the operation and internal administration of the
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Authority. The General Manager may delegate certain of his/her
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administrative responsibilities to other officers of the Authority subject to
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the rules and regulations of the Authority;
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d) Appoint officials and employees below the rank of division heads to
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positions in the approved budget upon written recommendation of the
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division head concerned using as guide the standard set forth in the
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Authority's merit system;
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e) Submit quarterly reports to the Authority on personnel selection,
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placement, and training; and
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f) Perform such other functions as may be provide by law.
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Sec. 14. Appropriation and Funding. - The sum of One Hundred Fifty million
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pesos (PHP 150,000,000.00) is hereby appropriated as initial 
operating fund.
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Thereafter, such amount as may be necessary for the continuous operation of the
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BIDA shall be included in the annual General Appropriations Act (GAA).
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Sec. 15. Jmpiementing Ruies and Reguiations. - The Authority, In consultation
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with the stakeholders, shall Issue the rules and regulations necessary to effectively
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implement the provisions of this Act within ninety (90) days from the effectivity of
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this Act.
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Sec. 16. Penai and Civii Liabiiity Ciause. Any person, natural or juridical, shall
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be liable for imprisonment of not exceeding three years or a fine not exceeding five
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thousand pesos or both at the discretion of the Court for:
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a) Obstructing or impeding the execution of demolition orders;
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b) Disobeying cease and desist, closure, or suspension orders;
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c) Operating business establishments without the necessary permits and
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licenses from concerned government offices;
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d) Violating the conditions stipulated in the clearances or permits Issued by
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the Authority; and
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e) Violating any of the provisions of this Act or any rules or regulations
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promulgated by the Authority.
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If the violator be a corporation, partnership or association, the officer or
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officers of the organization concerned shall be liable therefor.
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The Authority may file criminal charges and pursue separate civil actions for
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damages resulting from infractions of the provisions of this Act and rules and
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regulations Issued pursuant thereto.


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Sec. 17. Transitory Provisions. - Upon the organization of the Authority, the
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Boracay Inter-Agency Task Force (BIATF) created by Executive Order No. 53 and the
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Boracay Inter-Agency Rehabilitation Management Group created by virtue of BIATF
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Resolution No. 2018-31 shall be abolished. Their powers and functions shall be
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absorbed by the Authority and all plans, programs, projects, and cases filed shall be
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transferred to the Authority.
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The officers and employees thereof shall continue in a holdover capacity until
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such time as the new officers and employees of the Authority shall have been duly
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appointed pursuant to the provisions of this Act.
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Sec. 18. Separabiiity Ciause. - If any provision of this Act is declared invalid
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or unconstitutional, the other provisions not affected thereby shall remain valid and
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subsisting.
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Sec. 19. Repeaiing Clause. - All laws, acts, executive orders, memorandum
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circulars/guidelines and other issuances or parts thereof, which are inconsistent with
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this Act, are hereby repealed or modified accordingly.
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Sec. 20. Effectivity. - This Act shall immediately take effect upon is approval. 
Approved,
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