SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodri
Representative Maximo B. Rodriguez, Jr.

House Bill No. 8278

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 fulfilment 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 Il)

Approval of this bill is eamestty sought.

‘

RUFUS B. RODRIGUEZ

vwnseMle us JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 38273

AN ACT
DECLARING AND ESTABLISHING RIVERS, RIVER SYSTEMS, BEACHES,
SHORES AND WATERWAYS AS ECOLOGICAL ZONES,
AND FOR OTHER PURPOSES

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

SECTION 1. Title. This Act shall be known as the “River Systems and Waterways
Ecological Zones Act of 2013”.

SEC. 2. Declaration of Policy. - It is hereby deciared 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 deciared 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. “Environmentally degraded” means either of the following:
4) 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 mgf); presence of toxic
substance or heavy metals is above standards; or
2) Heavily sited 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 altematives to proposed projects

{. "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
Tange of alternatives for the objectives of the proposal and their impact on the
environment

g. “Statement of Environmental Consequence” - refers to a simpler or small
scale version of the Environmental Impact Statement (IES) 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. Environmental Protection 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. Prohibited Acts. - Itis hereby declared unlawful 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;
. 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, ie. ETAETS or SEC.
e. Aid or conspire by way of commission or negligence in the perpetration of
above-cited prohibited acts.

SEC. 7. Penal Clause. 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): Provided, 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: Provided, 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: Provided, Further, That if the
offender is a goverment 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

SEC. 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. Appropriations. - 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. Devolution. - 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. Repealing Clause. - Any law, decree, rule, regulation or other issuance or
art thereof inconsistent with the provisions of this Act is hereby repealed, amended or
modified accordingly.

SEC. 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,