Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
HOUSE BILL No.   8961
Introduced by HON. GUS S. TAMBUNTING
AN ACT MANDATING A MASTERPLAN FOR FLOOD MANAGEMENT,
INCREASING PENALTIES FOR VIOLATIONS OF ENVIRONMENTAL LAWS,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The Philippines is highly prone to disasters triggered by natural disasters, with some
estimations  placing  60°/o  of its  land  area  and  74%  of its  population  as  exposed  to
numerous hazards, including floods, cyclones, droughts, earthquakes, tsunamis and
landslides. And as global warming intensifies, extreme weather events are expected
to       increase,       resulting       in       greater       water       risk       to       the       country.
In Manila alone, flood management presents challenges. Many of the 60 or so existing
pumping   stations   are   old   and   lack   sufficient  capacity  for  even   normal   rainfall
conditions. Over the past few decades, the city has grown rapidly, but new pumping
stations have not been constructed to meet the needs in low-lying areas. Areas around
waterways are often densely populated, with dwellings encroaching over the water,
affecting waterflow and preventing maintenance and desilting.
Not only property is destroyed by flooding, but countless lives are lost and people are
internally displaced.  Flooding  likewise takes a  toll  on  our economy.  Strong  storms,
heavy flooding and prolonged droughts may result in around $124 billion in losses to
the  Philippine economy  between  2022  and  2050,  according  to  research firm  GHD.
There is, therefore, a need for a masterplan and flood management, and it cannot be
stressed                    enough                    how                    u rgent                    it                    is.
On behalf of the people of Parafiaque City's Second District, and for the common good


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
HOUSE BILL No.  8961
Introduced by HON. GUS S. TAMBUNTING
AN ACT
MANDATING A MASTERPLAN FOR FLOOD MANAGEMENT, INCREASING
PENALTIES FOR VIOIATIONS OF ENVIRONMENTAL LAWS, APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Short Til/e. -This Act shall be known as the "Flood Management Act
of 2023.„
SEC. 2. Dec/arati-on of Po/i-cy. - lt is hereby a declared policy of the State to
uphold  4  the  constitutional  rights  of  people  to  life  and  property  by  identifying  and
addressing  the  s  main  causes  of  vulnerabilities  to  disasters  and  reinforcing  the
institutional capacity of the country to withstand calamities. Furthermore, it is the policy
of the State to provide necessary public goods, like flood control infrastructure, to curb
the water-related risks that come from natural disasters.
SEC. 3. Establishment of a National Flood Management Masterplan.-There
is  hereby  established  a  National  Flood  Management  Masterplan.  Within  two  (2)
months from the effectivity of this Act,  the  Infrastructure Committee of the National
Economic and Development Authority (NEDA) Board ls hereby directed to review and
assess the current Flood Management Masterplan for Metro Manila and Surrounding
Areas (the "Masterplan") approved by the NEDA board  in 2012 and identify targets
and  reforms,  as  needed,  for  the  purpose  of  ensuring  its  expedient  and  efficient
implementation.
The  Committee  is  likewise  directed  to expand  the  Masterplan  to  cover other
areas of Luzon, Visayas, and Mindanao.
SEC. 4. Inter-Agency Task Force for Flood Management. - There .is hereby
created an Inter-Agency Task Force for Flood Management (the "Task Force") which
shall   ensure   and   oversee  the   implementation   of  the  adopted   Masterplan   and
coordinate the programs and activities of its member agencies.


The Task Force shall be headed by the NEDA Director General as Chairperson, with
the  Secretary  of  Public  Works  and  Hishways,  Secretary  of  Environmental  and  Natural
Resources, Chairperson of the National Commission in lndisenous Peoples, Director of the
University of the Philippines Dillman-National Institute for Geological Sciences, Administrator
of  the   Philippine   Atmospheric,   Geophysical   and   Astronomical   Services   Administration
(PAGASA), and the chief executives of concerned LGUs as members.
The Task Force is hereby directed to coordinate with national government agencies
and  local government units for the efficient implementation of the  Masterplan.  It shall  also
submit an annual report to the Oversieht Committee refemed to in Section 11 hereof regarding
the status of the structural and non-structural interventions in the Masterplan.
SEC. 5. Duties and Functions  of the  DPWH.  - The Department Of Public
Works and Highways (DPWH) ls hereby designated as the lead implementing agency
of the Masterplan. As such, it shall:
(a) Implement the Masterplan immediately after the NEDA Board Infrastructure
Committee has established the same;
(b) Propose a budget for the implementation of the Masterplan, in coordination
with the Task Foroe;
(c) Submit a quarteriy report to the Task Force regarding the progress of the
implementation of the Masterplan; and
(d) Coordinate and consult with concerned agencies.  Including  but not limited
to  the  Department  of  Environment  and  Natural  Resources  (DENR)  and  PAGASA
regarding complementary activities within the purview and the technical expertise of
the  said  agencies  which  are  necessary  for  the  effective  implementation  of  the
Masterplan.
SEC.  6.  Pane/  of  Experts.  -  The  Task  Force  shall  engage  a  panel  of
international  and  local  experts  for  technical  support  and  to  ensure  that  projects
implemented under the Masterplan adhere to international qualfty standards.
SEC.I.  The  Increased  Penalty  for  IIIegal  Quarrying.  -  Sec:hiion  108  Of
Republic Act No. 7942 is hereby amended to read as follows:
"SECTION  108.  VloLATI0N  OF  THE  TERMS  AND  CONDITloNS  OF  "E
ENVIRONMENTAL COMPLIANCE CERTIFICATE. -Any person who willfully violates
or grossly neglects to abide by the terms and conditions of the environmental damage
through pollution OR QUARRYING shall suffer the penalty of [jmpri6onmont of Six (6)
months to Six (6) years] FOR A MINIMUM OF SIX (6)YEARS TO A MAXIMUM OF
TWELVE (12) YEARS erAND A FINE OF [Ffty thousand peace (P60.000.00) to Two
hundred  thousand  pence  (P200,000.00),  or  both,I  FIVE  HUNDRED  THOUSAND
PESOS (P500,000.00) TO FIVE MILLION PESOS (P5,000,000.00), at the disoretion
of the court."
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Section  77  of  Presidential  Decree  No.  705  ls  hereby  amended  to  read  as
follows:
"SECTION  77.  Cutting,  Gathering,  and/or collecting  Timber,  or  Other  Forest
Products Without License. -Any person who shall out, gather, collect, remove timber,
or other forest products from any forest land, or timber from alienable or disposable
public land, or from private land, without authority, or possess timber or other forest
products  without   legal   documents   as   required   under  existing   forest   laws   and
regulations, shall be punished with the penalties Imposed under Articles 309 and 310
of  the   Revised   Penal   Code   AND   A   FINE   OF   AT   LEAST   FIVE   HUNDRED
THOUSAND PESOS (P500,OOO.00) BUT NO IVIORE THAN 11^/0 MILLION PESOS
(P2/000,000.00):   Provided,   That   in   the   case   of  partnerships,   associations,   or
corporations, the officers who ordered the cutting, gathering, collection, or pessession
shall be liable, and if such officers are aliens, they shall, in addition to the penalty, be
deported without further proceedings on the part of the Commi66ion on BUREAU 0F
Immigration and Doportation.
SEC. 8. Exclusive Authority to Issue Permit to Quarry.  - Notwlthstancl-ing
any law to the contrary, the DENR is hereby granted the exclusive authority to issue
and revoke permits to extract sand, gravel, and other quarry resources.
SEC.  9.  Authority  of the  President  to  Suspend  the  Requirements  for
National and Local Permits, Licenses, and Certifications, and to Streamline and
Expedite the Process for the lssuance thereof. -Notw-ithstand-ing any law , decree ,
order, or ordinance to the contrary, the President shall have the authority to:
(a)   Accelerate   and   streamline   regulatory   processes   and   procedures  for
applications  for  permits,   licenses,   clearance,   certifications,   or  authorizations  for
constructing  flood  management  infrastructures,  including  fixing  or  shortening  the
periods provide under existing laws, regulations, issuances, and ordinances; and
(b)  Suspend  or  waive  the  requirements  in  securing  such  permits,  licenses,
clearance, certifications or authorizations.
SEC.10. upgrading the Salary of Forest Rangers. -The entry-level salary Of
the  forest  ranger  position  shall  be  at  Salary  Grade  18  in  coordination  with  the
Department of Budget and Management, the DENR shall create additional positions
where augmentation of its enforcement manpower is necessary.
SEC.11. Creafl-on of an Oyersjghf Commjtfee. -For this purpose. Congress
shall  establish  a  Joint  Congressional  Oversight  Committee  composed  of four  (4)
members of each  House to  be appointed  by the Senate  President and the  House
Speaker,  respectiively.  This  Committee  shall  determine whether such  acts,  orders,
rules, and regulations are within the restrictions provided herein.
SEC.  12.  Appropriaffons.  -  The  corresponding  amount  required  for  the
construction   and   maintenance   of   flood   management   infrastructure   nationwide
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pursuant to the Masterplan shall be appropriated on a multi-year basis and included
in the General Appropriations Act each year following the effectivity of this Act.
The  DPWH  may also tap the  Official  Development Assistance  (ODA)  of the
Philippines'  Donor countries  and  institutions for concessional  loans  on  a  long-term
repayment basis for additional funding as needed to implement the provisions of this
Act.
SEC. 13.  Implementing  Rules and Regulations.  - The NEDA and DPWH
shall,  within sixty (60) days after the effectivity of this Act, formulate the  necessary
rules and regulations for its effective implementation.
SEC.  14.  Separabi./i-fy C/ause.  -lf any provisions or part of this Act is held
Invalid  or unconstitutional,  the  remainder of the  law or the  provision  not otherwise
affected shall remain valid and subsisting.
SEC. 15. Repea/i.ng C/ause. -Section 138 of Republic Act No. 7160, otherwise
known as the "Local Government Code of 1991", is hereby amended insofar as the
provision thereof is Inconsistent with this Act.
All other laws, decrees,  executive orders,  letters of instruction, administrative
orders, rules, or regulations contrary to or Inconsistent with the provisions of this Act
are hereby repealed, modified, or amended accordingly.
SEC. 16. Effecfi.yi.fy C/atise. -This Act shall take effect fifteen (15) days after
its publication in at least (2) newspapers of general circulation.
Approved,
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