Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS

First Regular Session
390
HOUSE BILL NO.

Introduced by Hon. Joselito “Joel” Sacdalan, First District, North Cotabato

EXPLANATORY NOTE

The Mindanao River Basin or (MRB) for brevity , is the second largest river
system in the Philippines, with a total catchment drainage area of 21,053 sq. kilometer.
It is also the largest river system in the southern part of Mindanao, encompassing four
(4) regions, namely: Region X, XI, XII and ARMM.

The MRB is composed of Pulangi River in Bukidnon, Ala (Allah) River in South
Cotabato and Libungan River in North Cotabato. The Pulangi River with 1,500m head
water elevation emanating from the north of Bukidnon is joined by eleven (11)
tributaries which discharge to Liguasan Marsh in Maguindanao. The Ala (Allah) River
with a headwater of 1,600m elevation is joined by three tributaries and one (1) lake
that discharge to Ebpanan Marsh in Maguindanao/Cotabato City while Libungan River
discharges to Libungan Marsh and all excesses of these three (3) marshes are exiting
at Illana Bay. The Buayan-Malungon River Basin in Sarangani Province is an allied
river basin of MRB. The Ambal — Simuay River of Sultan Kudarat Province is distinct
and has a separate outlet to Illana Bay, however, Ambal River may possibly be joined
with Nituan River in the future to regulate its flow into Simuary River.

In terms of climate condition, the MRB belongs to Type III under the Modified
PAGASA Classification, meaning seasons are not very pronounced and relatively dry
from November to April and wet during the rest of the year.


The MRB plays an important role in the socio-economic development as it serves
multi —purpose uses, such as irrigation, source of hydropower and navigation .
However the MRB is in problematic situation. The combined area of Liguasan,
Ebpanan and Libungan Marshes is 285,000 hectares. As a natural flood retarding
basin, during persistent heavy rainfall, its swelling could affect up to 350,000
hectares. The additional affected area of 65,000 hectares the flooded area includes
the 13,000 hectares in Cotabato City. The present situation of the three marshes
which received the waters from these river basins were reported to be heavily silted,
obstructed and lack the needed capacity to convey excess flood waters and to flush
out organic debris.

There have been programmatic interventions directed by the national leadership
to address the management and development of river basins in Mindanao, but these
intervention come and go with no permanency. To mention, there was the
Presidential Decree No. 1556 issued on June 11, 1978 implementing the Cotabato
—Agusan River Development Program and Creating the Cotabato-Agusan River Basin
Program Office under the then Department of Public Works, Transportation and
Communication , but this Program was abolished. On September 29, 2008, Executive
Order No. 753, was issued, Creating the Presidential Task Force for Mindanao River
Basin Rehabilitation and Development, with a life of two (2) years from its issuance.
The Task Force had a mandate to address the flooding and siltation of the major rivers
and the Liguasan Marsh, providing for an institutional mechanism to address the relief,
physical and social rehabilitation and long-term development of the MRB and its
affected areas, but the Task Force was not able to take off for some reasons or
another.

Currently, initiatives are underway, undertaken by the Department of Public Works
and Highways with the Mindanao Development Authority serving as the oversight
institution, to provide an immediate and long-term intervention measures for the
Mindanao River Basin rehabilitation, and development. An MRB Integrated
Management and Development Master Plan (MRBIMDMP) was prepared in January


2012, Doable infrastructure projects are being implemented by the Department of
Public Works and Highways.

However, this representation believes that there is a need for a body clothed with
separate and distinct authority to manage and coordinate all efforts to address the
problematic situation of the Mindanao River Basin because its solution requires a multi-
disciplinary approach, to include, environmental, social, political/legal and economic
interventions.

This bill is a refiled one which seeks for the implementation of the Mindanao River
Basin Rehabilitation and Development Program and creating for this purpose, the
Mindanao River Basin Development Authority which will provide the overall planning,
management and coordinative services needed in the rehabilitation, development and
protection of the major rivers in the Mindanao River Basin. This bill was filed during
the Seventeenth Congress, authored by Representative Jesus N. Sacdalan, of the First
District of North Cotabato, but was not given due course due to misreferral at the
Committee on Government Reorganization.

Hence, in view of the foregoing, the immediate passage of this bill is earnestly
sought for.

REP. JOS¢t S. SACDALAN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session
HOUSE BILL NO. 1398

Introduced by Hon. Joselito “Joel”.

». Sacdalan, First District, North Cotabato

AN ACT
IMPLEMENTING THE MINDANAO RIVER BASIN REHABILITATION AND
DEVELOPMENT PROGRAM, CREATING FOR THIS PURPOSE THE
MINDANAO RIVER BASIN DEVELOPMENT AUTHORITY, DEFINING ITS
POWERS AND FUNCTIONS, AND PROVIDING FUNDS THEREFORE AND
FOR OTHER PURPOSES

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

Sec 1. Declaration of Policy - It is hereby declared the policy of the State to
promote, and advance the proper development, control and utilization of the total
water resources of the country in order to bring about its accelerated and sustained
socio-economic development.

The Mindanao River Basin (MRB) encompassing four (4) regions, namely: Region
X, XI, XII and ARMM with its current and prospective uses of their combined water
resources are major determinants of the complex of human activities in the regions it
directly served, and eventually, in the country as a whole. Towards this end, the
State is duty-bound to ensure that the MRB and all its major rivers and tributaries
shall be restored back to its original form, and the State shall focus its resources and
capabilities to oversee the proper management of necessary and workable
interventions and programs on flood control, on environmental and ecological
protection, on socio-economic activities and on the legal —political aspects of MRB
utilization, development and control.

Sec 2. - Creation of Mindanao River Basin Development Authority - There is
hereby created the Mindanao River Basin Development Authority, also known as
MRBDA, which shall be responsible in the overall management, planning, coordination
and implementation of the Mindanao River Basin Rehabilitation and Development
Program initially contained in the MRB Integrated Management and Development
Master Plan (2012).


The Mindanao River Basin Development Authority (MRBDA) shall be attached to
the Office of the President. The MRBDA shall perform the functions of planning,
implementation, monitoring and evaluation and coordination, and in the process shall
exercise regulatory and supervisory authority in the execution of programs and
projects without diminution of the authority of the local government units concerning
matters granted to them under the Local Government Code.

All policies and programs, orders rules and regulations promulgated by the MRBDA
in relation to its regulatory and supervisory authority and all transactions entered in
the process of implementing the Mindanao River Basin Rehabilitation and
Development Program shall be subject to the approval of the President of the
Philippines.

Sec 3. Powers, Functions and Scope of Services of Mindanao River Basin
Development Authority (MRBDA) - The MRBDA shall have the following powers,
functions and scope of services:

a) Preparation/updating of the Mindanao River Basin Integrated Management and
Development Master Plan to focus on the rehabilitation of the silted major
rivers, the development of flood control master plan in the medium and long
term, interventions for watershed protection and management, environment.
and ecological condition in the MRB area and socio-economic programs utilizing
the raw materials proliferating on the majors rivers and marshes.;

b) Conduct or cause the conduct of engineering surveys, extent/level of siltation
and watershed condition of the major rivers and its river system/ tributaries,
for benchmarking purposes;

c) Conduct or cause the conduct of regular assessment and monitoring of the
environment /ecological condition of the Mindanao River Basin, as well as the
conduct of socio-economic assessment of areas affected by the MRB;

d

Provide overall coordination function with the concerned national agencies ,
regional/local development councils, local government officials and local
government functionaries, non-government development organizations in all
phases of program/project cycle, and for this function, to design/formulate an
effective coordination/collaborative mechanism;

e) Conduct or cause the conduct of feasibility studies and the
preparation/development of program/projects proposals which could be
funded/proposed for funding by foreign financial institutions and or under the
public-private partnership;

f) Provide overall management (planning, monitoring and evaluation and control)
of all programs and projects and such other interventions for the rehabilitation,
protection, development and sustainability of the Mindanao River Basin (MRB)
and shall be accountable for its effective and efficient program/project
implementation and fund management;


g) Report annually, or as required, to the President and Congress of the Philippines
of its activities including those in collaboration with various government and
private entities engaged in the implementation of the programs and projects.
The report should highlight the contribution/impact of the MRB interventions
to the overall societal goal and sectoral goals of development.

h) Perform such functions as may be necessary to carry out the provisions of this
Act.

Sec 4. Mindanao River Basin Development Authority Governing Body - The
Mindanao River Basin Development Authority shall be governed by the MRB Council
consisting of twenty seven (27) members as its policy and decision making body to
be composed of the following:

a) Secretary of Public Works and Highways

b) Director-General, National Economic Development Authority

c) Secretary of Environment and Natural Resources

d) Chairperson, Mindanao Development Authority

e) Secretary of Agriculture

f) Secretary of Interior and Local Government

g) Secretary of Finance

h) Secretary of Energy

i) Administrator, National Irrigation Administration

j) Secretary of Trade and Industry

k) Secretary of Social Welfare and Development

1) Chairperson of National Commission for Indigenous People

m) Chairperson, BARMM

n) Provincial Governors of Maguindanao, North Cotabato, South Cotabato, Sultan
Kudarat, Bukidnon, Sarangani, Lanao del Sur

©) City Mayors of Cotabato City, General Santos City, Koronadal City,

p) 4 Representatives from the Private Sector

The members of the Mindanao River Basin Council shall be headed a Chairperson
to be elected from among its general membership. The Chairperson shall be assisted
by a Vice Chairperson who will also be elected by the general membership. . After
their election, the Chairperson and Vice Chairperson shall be appointed by the
President of the Philippines. Considering the large membership of the MRB Council,
an Executive Committee may be formed/organized to be composed of 5-7 members
‘to be elected from among the general membership.

The representatives from the private sector shall be appointed by the President of
the Philippines from among the lists of private sector representatives to the local
development councils of Region X, XI, XII and ARMM.

The members of the MRB Council may nominate a permanent representative to
the Council, provided the nominee shall be holding a permanent status with decision-
making capacity.


The members of the MRB Council shall serve for three (3) years. Members of the
MRB Council from the government sector shall receive allowances for actual meetings
attended, and reimbursement for actual expenses for travels, accommodation and
out-of-pocket expenses incurred in the performance of their duties. The members of
the MRB Council from the private sector shall receive an honoraria and reimbursement
of actual expenses for travel, accommodation and out-of-pocket expenses incurred in
the performance of their functions.

Sec 5. Functions of the Mindanao River Basin Council — The MRB Council shall be the
policy and decision-making body of the Mindanao River Basin Development Authority
(MRB). Specifically, it shall:

a) Approve the Mindanao River Basin Integrated Management and Development
Master Plan, its programs and projects in accord with the Philippine
Development Plan and the Mindanao Development Plan.

b) The MRB Council shall formulate and issues guidelines, rules and regulations as
may be deemed necessary in the efficient and effective execution by the
MRBRDA of the purposes under this Act;

©

Determine the rate of allowances, honoraria and other remuneration of the
members of the MRB Council to take effect during the term of the succeeding
Council, subject to the approval by the President of the Philippines;

d) Determine the organizational structure and staffing pattern of the Mindanao
River Basin Rehabilitation and Development Authority; subject to the approval
by the Department of Budget and Management.

e) Fix the compensation of the officers and personnel of the MRBRDA, and other
package of benefits,

f) Approve the annual budget of the Mindanao River Basin Development Authority
to be submitted to the Department of Budget and Management for inclusion
in the Annual National Expenditure Program.

Sec 6. Principal Office - The Mindanao River Basin Rehabilitation and Development
Authority shall have its Office in Koronadal City, South Cotabato, Region XII (the
regional center for Region XII ) for easy coordination and linkaging with concerned
national government offices. It may however, establish satellite offices in other
strategic places within the Mindanao River Basin network system when deemed
necessary for the efficient and prompt conduct of its activities.

Sec 7. Meetings of the MRB Council - The Mindanao River Basin Council shall
hold regular meeting once every three (3) months in its principal office or in any place
the Council may choose to hold such meeting. When there are matters that need to
be acted upon by the Council and could not wait for the next Council meeting


schedule, the Executive Committee will be convened to deliberate on the issues and
concerns at hand, provided the decision of the Executive Committee shall be submitted
for ratification by the MRB Council.

Sec 8. Functions of the MRB Council Chairperson

a) Appoint, subject to the civil service laws, rules and regulations, all subordinate
officers and employees of the Mindanao River Basin Rehabilitation and
Development Authority, who shall enjoy security of tenure and who may be
removed only for cause in accordance with law. The MRB Chair is hereby
authorized to engage the services of experts/consultants either on full time or
part-time basis, as may be required in the effective performance of the
functions and duties.

b

Negotiate and/or arrange with foreign and local financial institutions for the
funding of identified priority programs /projects both infrastructure and non-
infrastructure whether for its rehabilitation, protection and/or development.

c) Call upon any department, bureau, office, instrumentality or any political
subdivision of the Government for any assistance it may need in the
performance of its functions.

d) Preside the meetings of the MRB Council

e) Submit Annual Report of Operation to the President of the Philippines.

Sec 9. MRBRD Program Director - The Program Office shall be headed by an
Executive Director who shall be appointed by the MRB Council thru its Chairperson
and shall serve until the completion of the Program, unless sooner removed from office
for cause in accordance with law. The Program Director shall be a natural-born Filipino
citizen, of legal age, of good moral character and with proven record of competence
in the field of administration and management of infrastructure, agricultural,
environment and other related program. The annual compensation of the Program
Director shall be equivalent to the rank of regional executive director in national
government agencies.

Sec 10. Functions of the Program Director - The Program Director shall exercise
the following powers and functions:

a) Manage the Program Office and formulate administrative rules and procedures
for its internal management, for consideration/approval by the MRB Council

b) Directly coordinate and oversee the activities of the subordinate officers and
employees, work units and implementing national government agencies and
instrumentalities in the planning, implementation and monitoring of the
Program and its component projects.


c) Review and integrate the plans, programs, projects, and budget proposals for
the Program for consideration by the MRB Council and submit the same to the
Department of Budget and Management.

d) Serves as the Secretary to the MRB Council, and as such, keep records of all
Council meetings and deliberation.

e) Perform such functions as are inherently necessary in the operational
management of the Program office.

Sec. 11- Role, Functions and Responsibilities of the Partner Implementing
National Government Agencies and Instrumentalities - All designated national
government agencies and instrumentalities shall execute the planning and project
components of the program assigned to them and shall submit for approval by the
MRB Council, through the Program Director, their respective annual project plans,
budget and the corresponding work and financial plans within the Budget Call period
of the Department of Budget and Management.

Sec 12 - Sources of Funds and Operating Budget of MRBRDP - To carry out
the purposes of this Act, the amount of Five Hundred Million Pesos (P500,000.00) is
hereby authorized to be appropriated for the initial operation of the MRBRDA.
Thereafter, the annual expenditures including capital outlays of the MRBRDP shall be
provided in the General Appropriations Act.

The MRBRDP is likewise empowered to levy fines and impose fees and charges for
various services rendered.

Sec 13. - Repealing Clause - All laws, decrees, executive orders, rules and
regulations or parts thereof inconsistent with or contrary to the provisions of this Act
are hereby repealed or modified accordingly.

Sec 14. - Separability Clause — If any part or provision of this Act is held
unconstitutional or invalid, other parts or provisions thereof which are not affected
shall continue to remain in full force and effect.

Sec 15. - Effectivity - This Act shall take effect fifteen (15) days following completion
of its publication in at least two (2) newspapers of general circulation.

Approved,