Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Third Regular Session

5948

HOUSE BILL NO.

Introduced by RODEL M. BATOCABE

EXPLANATORY NOTE

The World Bank reports, citing multiple sources, that the Philippines ranks 8th
among countries most exposed to multiple hazards and ranks 13th at high economic
risk to natural events. Damages to the agriculture and infrastructure sectors alone
reached US$500 million in the past two decades, equivalent to 0.5 percent of the
gross domestic product (GDP). In 2009, the losses caused by the Typhoons Ondoy
(Ketsana) and Pepeng (Parma) amounted to some US$4.4 billion, or 2.7 percent of
GDP.

In 2013, super-typhoon Yolanda (Haiyan) hit Eastern Visayas and left thousands of
people dead, millions more homeless and without means of livelihood. The areas
devastated by Yolanda are still struggling to recover, even as more and stronger
typhoons are expected to hit in the years to come.

Much of the losses from typhoons are brought by storm surges and strong winds
coming from the open ocean. In the age of global climate change, this has
unfortunately become the new normal. The poor coastal communities’ natural
exposure to storm surges and lack of resources for preparation and recovery make
them most vulnerable.

An establishment of greenbelts of mangroves and beach forests along coastlines is a
proven green engineering intervention. As the Philippines’ 36,000 km coastline is
among the longest in the world, coastal greenbelts effectively mitigate the damaging
impacts of waves and storm surges. Some of the scientifically proven benefits are:

= Wave height of wind and swell waves can be reduced by 13-66% over 100m
of mangroves;

* Storm surge attenuation of 5-50 cm. per kilometer width of mangroves;

+ Surface wind waves can be reduced by more than 75% over one kilometer of
mangroves;

= 50% reduction in storm surges by a 7-km band of mangroves.

Furthermore, coastal forests can reduce the force, depth and velocity of a tsunami,
lessening damage to property and reducing loss of life.

Coastal greenbelts are also cost-effective for disaster preparedness in the long term.
The total valuation of mangroves is estimated at US$14,000-16,000 per hectare, of
which about 80% is for coastal protection value. The cost of establishing coastal


greenbelts to protect against storm surge and tsunami would only be a fraction of
the damages that could be brought by the yearly battering of typhoons.

Establishing the National Coastal Greenbelt Program shall provide the agency
mandates, funding, and general guiding principles for implementing a science-based
and cost-effective program. The proposed National Greenbelt Program mandates
establishment of 100-meter protection zones, initially for the Eastern Pacific
seaboard, where typhoons make landfall. This Program can also reap added
benefits. The establishment of science-based coastal greenbelts is expected to
protect biodiversity, improve fisheries productivity, and enhance the tourism and
livelihood potential of the area. Transforming vulnerable coastal villages into highly
resilient and sustainable communities is a step towards a nation that is inclusive for

all. P a}

In view of the foregoing, the approval of this bill is earnestly Soug

|. BATOCABE.


Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Third Regular Session

5348

HOUSE BILL NO.

AN ACT ESTABLISHING THE NATIONAL COASTAL GREENBELT PROGRAM,
PROVIDING FUNDS THEREFOR, 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 "National Coastal Greenbelt Act

of 2015.”

SECTION. 2. Declaration of Policies.- The State shall ensure the protection of the
rights of the people to a healthful and balanced ecology. Consistent with the Climate
Change Act of 2009 (R.A. No. 9729), as amended by R.A. No. 10174, the State shall
encourage the participation of the national government, local governments,
businesses, nongovernment organizations, local communities and the public to
prevent and reduce the adverse impacts of climate change. The State shall also
recognize that climate change and disaster risk reduction and management are
closely interrelated. The State shall incorporate a gender-sensitive, pro-children and
pro-poor perspective in all plans of disaster risk reduction and management. These
principles shall be further integrated into climate change programs and initiatives.
Taking into account the effects of climate change and the need to conserve and
develop the conditions of our environment, the State shall take appropriate
measures to protect the lives and property of the people from the impacts in coastal

areas of typhoons, tsunamis and similar natural events.


SECTION 3.- Definition of Terms.

a. Coastal greenbelts- a strip of natural or planted coastal vegetation, stretching
at least 100 meters in width from the sea towards land, primarily of
mangrove and beach forest species, which are designed to prevent coastal
erosion, and mitigate the adverse impacts of natural coastal hazards on
human lives and property.

b. Designated area for coastal greenbelts - site-specific stretch of vegetation in
the coastal zone, defined in relation to risk factors and vulnerability to
coastal hazards, and reserved for protection and maintenance under the
National Coastal Greenbelt Action Plan. The area may undergo rehabilitation,
reforestation or afforestation with locally appropriate species. Designated
areas with abandoned fishponds require the reversion of these fishponds to
mangroves through natural regeneration or replanting with locally
appropriate species. Designated areas with illegal structures (such as
breakwaters, permanent residential/commercial structures, and the like)
require removal of such structures.

c. National Coastal Greenbelt Action Plan (NCGAP)- the operational plan that
shall serve as the guide for the Local Greenbelt Action Plan (LCGAP). It shall
contain the implementing guidelines on how to go about Section 4 of this Act.

d. Local Coastal Greenbelt Action Plan (LCGAP)- the local action plan shall be
based on the NCGAP. It shall contain the specific goals and targets for the

implementation of the program set in the NCGAP.

SECTION 4. National Coastal Greenbelt Action Plan (NCGAP). The Climate
Change Commission shall, within six (6) months, identify and convene all national
agencies responsible for foreshore management, mangrove and beach forest

protection and utilization, coastal land and sea-use planning, coastal tourism


development, social welfare of coastal communities, and other relevant mandates, to

prepare an integrated National Coastal Greenbelt Action Plan (NCGAP).

The NCGAP shall, at the minimum, contain the following:

a. Spatial representation, or if feasible, quick/rapid inventory of the status of

coastlines and foreshores, including the status of mangroves, beach
forests, settlements, structures and fishponds within 100 meters therein;

b. Assessment of priority areas to be declared as coastal greenbelts, for each
coastal province, city and municipality, to protect by means of mangroves
and beach forests, based on vulnerability to storm surges, waves, tsunami
and the like. The Action Plan shall indicate that the assessment of priority
areas shall be completed within twelve (12) months from the adoption of
the NCGAP;

c. Designation of priority areas for coastal greenbelts that are already included
as either a protected area under the National Integrated Protected Areas
System (RA. No. 7586), or as a fish refuge or sanctuary under the
Fisheries Code of 1998 (R.A. No. 8550), or as a local marine protected
area as may be declared by municipalities and cities through ordinances.
The designation shall be completed within six (6) months from the
completion of the assessment. Designation shall also be done through a
proposal to the appropriate agency, municipality or city as may be
deemed necessary. If an area is designated as a priority area, no structure
shall be allowed in said area unless it is approved by the DENR or BFAR,
as may be appropriate;

d. Operational Plan for the rehabilitation, reforestation or afforestation of
designated priority coastal greenbelts with ecologically appropriate
mangrove and beach forest species, not less than one hundred (100)

meters in width. Existing forests or plantations greater than the minimum


width shall not be reduced. The program for rehabilitation, reforestation
or afforestation shall be community-based, long-term and implemented
through the municipality or city government. The Operational Plan shall
indicate that the program for rehabilitation, reforestation and
afforestation must cover a minimum target area of twenty percent (20%)
of the designated priority areas in the first five (5) years for maximum
protection of the most vulnerable communities in the city or municipality.
The remaining priority areas must be completed within ten (10) years the
designation of the priority area;

e. Operational Plan for the reversion of all abandoned fishponds to mangroves
through natural regeneration or replanting with locally appropriate
species, The NCGAP shall indicate that the identification and recovery of
possession from delinquent fishpond lease agreement holders shall be
completed within twelve (12) months from the adoption thereof. All
fishpond areas to be reverted to mangroves shall form part of the
minimum target for the first year of implementation of the Action Plan;

f. Operational Plan for the removal of illegal structures (such as breakwaters,
permanent residential/commercial structures, and the like), in the

rhe NCGAP shall indicate that the

identified priority coastal greenbelts.
declaration of and notice to persons responsible for removal of illegal
structures shall be completed within twelve (12) months from the
adoption thereof. The removal of illegal structures in and start of
rehabilitation, reforestation or afforestation of these areas shall form part
of the minimum target for the first year of implementation of the Action
Plan;

g. Monitoring and evaluation plan, with quantitative and qualitative targets

consistent with (d), (e) and (f) above, appropriate indicators and


reasonable means of verification. The plan shall become an integrated

part of the Action Plan and Annual Report to Congress.

The Climate Change Commission (CCC) shall be responsible for consolidating the

NCGAP not later than twelve (12) months from the date this Act takes effect.

SECTION 5.- Key Implementing Agencies. The following agencies shall take the
lead in implementing components of the Program and Action Plan that are relevant

to their mandates:

a. The Climate Change Commission (CCC) shall be responsible for the
congregation of relevant government agencies, facilitation of public
participation in the preparation of the NCGAP, integration of the NCGAP
into the Local Action Plans including the power of approving putting up
necessary structures in the Designated Areas, and the preparation of the
integrated report to Congress especially with regard to the expenditure of
the appropriation and other pertinent matters under Section 8 of this Act;

b. The Department of Environment and Natural Resources (DENR), through its

relevant offices, shall be responsible for (a) (b), (c), (4), (e) and (f) of

Section 4 of this Act in line with existing laws and mandates, and it shall
provide the CCC all relevant information to aid in the monitoring and
evaluation of the NCGAP. In particular, the DENR shall identify the
Designated Areas that will need to be expropriated by the government
and to recommend the expropriation plan to the CCC;

c. The Bureau of Fisheries and Aquatic Resources (BFAR) of the Department of
Agriculture (DA) shall coordinate with the DENR for (e) in Section 4
above or the Operational Plan that provides for the reversion of all
abandoned fishponds to mangroves through natural regeneration or

replanting with locally appropriate species in line with existing laws and


mandates, and it shall provide the CCC all relevant information to aid in
the monitoring and evaluation of the NCGAP;

d. The Department of Interior and Local Governments (DILG) through its
relevant offices, shall provide technical guidance for provinces, cities and
municipalities to develop Local Coastal Greenbelt Action Plans, design
and implement community-based and ecologically appropriate
rehabilitation, reforestation and afforestation programs, and monitor and
evaluate their programs. In particular, the Local Inter Agency Committee
(LIAC) shall coordinate with the Local Government Unit in implementing

the action plans.

In addition, the National Housing Authority (NHA) shall provide appropriation for
the relocation of the families or individuals who will be affected by the Designated
Areas, The other agencies that participated in the preparation of the Action Plan
shall implement their commitments, as provided therein. The actions required of
implementing agencies are immediately executable, based on the agreed National
Coastal Greenbelt Action Plan, and on their existing mandates, programs and
budgets that are aligned with the Action Plan, without need for formulating

implementing guidelines, rules and regulations for this Act.

SECTION 6.- National Technical Advisory Committee. The Climate Change
Commission shall convene a National Technical Advisory Committee (NTAC)

composed of:

a. Atechnical representative from the Climate Change Commission (CCC)

b. A technical representative from the Department of Environment and Natural
Resources (DENR)

c. A technical representatives from the Bureau of Fisheries and Aquatic

Resources (BFAR)


d. Two (2) known experts in mangrove and beach forest ecosystems,
oceanography or other related disciplines

e. A representative from a non-government organization or a people's
organization that demonstrates capacity to promote the public interest
and with identifiable leadership, membership and structure that has been
actively involved in mangrove research and has produced actual
publication in mangrove research as among the criteria that shall be set

by the DENR, BFAR and

‘The National Technical Advisory Committee shall provide scientific guidance in the
design, implementation and evaluation of actions under the NCGAP. The experts
shall serve in the Committee without compensation, but may be reimbursed for

basic expenses to attend meetings and prepare technical reports.

SECTION 7.- Local Coastal Greenbelt Action Plan. Each coastal municipality and

city in the identified priority coastal greenbelt areas in the Action Plan shall prepare

a Local Coastal Greenbelt Action Plan (LCGAP) to facilitate the implementation of

mandated actions in the NCGAP. The roles of the municipality or city, as provided in

the local LCGAP shall be to:

a. Facilitate the implementation of the mandates of the national agencies under
Section 4, by providing local data and other supporting measures;

b. Implement complementary programs to assist local communities and local
businesses that are affected by the actions under Section 4, such as
relocation sites with basic services such as livelihood and transportation
programs, zoning or re-zoning of the priority coastal greenbelt areas, as
appropriate, and the like;

c. Provide the actual inventory of affected families in Designated Areas and to

ensure that a just and humane process of relocation is done;


d. Lead in the actual implementation of rehabilitation, reforestation and
afforestation, through the coastal barangays;

e. Integrate the identified coastal greenbelts in the Comprehensive Land-Use
Plan;

f, Provide data and qualitative feedback to the Key Implementing Agencies, as

may be relevant.

The provincial government shall provide technical and budgetary support to
component coastal cities and municipalities, and ensure consistency across
contiguous cities and municipalities sharing a common priority coastal greenbelt

area.

SECTION 8, Enforcement Actions.-

a) In addition to the penalties provided under existing law, any person who
obstructs the DENR in the removal of illegal structures, or BFAR in the
process of reversion of abandoned fishponds, shall be liable to that
agency for an administrative fine of fifty thousand pesos (P50,000) per
day that the agency is prevented from performing its function.

b) No structures shall be built within the identified coastal greenbelts without a
permit from DENR or BFAR, consistent with their mandates. Any person
who violates this prohibition shall be liable to the agency for an
administrative fine of fifty thousand pesos (P50,000) per day from the
time the structure was built until its removal.

c) Proceeds from administrative fines under this Section shall be retained by
the agency imposing such fines and used exclusively for the
implementation of its mandate under this Act.

d) Legal actions filed in the exercise of rights and enforcement of obligations
under this Act shall be covered by the Rules of Procedure for

Environmental Cases.


SECTION 9. Appropriations The Key Implementing Agencies shall draw from
their existing programs and budgets to implement their responsibilities under the
Action Plan, and through the People’s Survival Fund, where appropriate, subject to
additional funding in the annual national appropriations, to meet the targets agreed

in the Action Plan.

SECTION 10. Annual Report to Congress.- The Key Implementing Agencies shall
report to Congress on their progress in meeting the quantitative and qualitative
targets under the Action Plan for each fiscal year. The reports shall be consolidated
by the Climate Change Commission for presentation to the appropriate Committee

in Congress at a meeting called for the purpose.

SECTION 11. Effective Date.- This Act shall take effect fifteen (15) days after
publication in the Official Gazette and in two (2) national newspapers of general

circulation.

Approved.