Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
Second Regular Session

HOUSE BILL NO. 6732

Introduced by Honorable Roger G. Mercado

EXPLANATORY NOTE

This bill seeks to create the Hinunangan Bay Development Authority with the function of
preserving, protecting and developing the Hinunangan Bay, the river systems, and all natural
waterways within the area of coverage.

The Hinunangan Bay is strategically located within the boundaries of the Municipalities of
Hinunangan, Hinundayan and Silago, all in the Province of Southern Leyte.

The Municipality of Hinunangan is a 4th class municipality in the Province of Southern
Leyte. It is known as the “Rice Granary” of the province for its vast plains entirely planted to rice.
It is also known as the 4th gateway to Leyte because it is very near Tacloban City. It boasts of
beautiful beaches and scenic islands that are attractive destinations for tourists.

Throughout the country, hundreds of bodies of water from the northern most Province of
Batanes to the southern most Province of Tawi-Tawi are found. Unfortunately, a great number of
these are gradually vanishing, others are suffering from physical, biological or chemical damage,


and. some have simply died or vanished. These dismal situations can be attributed to pollution,
indifference and apathy to the environment, ignorance, or simply human greed.

‘A number of laws for the preservation and development of waterways have been passed,
however, they have not been effectively enforced especially by the local government units. This
problem has been attributed to the absence ofa local agency which will implement the laws. Hence,
the government must focus and concentrate its resources and capability in creating agencies to
implement the necessary laws and promote the development of water systems in various localities,
Hinunangan Bay included.

n view of the foregoing, approval of this bill is earnestly sought.

DH CL

ROGER G. MERCADO


Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
Second Regular Session

HOUSE BILL NO. 6732

Introduced by Honorable Roger G. Mercado

AN ACT
CREATING THE HINUNANGAN BAY DEVELOPMENT
AUTHORITY TO PRESERVE, PROTECT, AND DEVELOP THE
HINUNANGAN BAY AND ITS TRIBUTARIES, DEFINING ITS.
POWERS AND FUNCTIONS

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

SECTION 1. Short Title. - This Act shall be known as the “Hinunangan Bay Development
Authority Act of 2017.”

SECTION. 2. Declaration of Policy. - It is the policy of the State to protect and advance
the life of the people to a balanced and healthful ecology.

‘Towards this end, it shall focus its resources and capability in creating an


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agency to implement necessary laws and promote the development of the
Hinunangan Bay.

SECTION. 3. Hinunangan Bay Development Authority. The Hinunangan Bay
Development Authority, hereinafter referred to as the “Authority,” is hereby created to act as the
primary agency responsible for the administration of the Hinunangan Bay, the river systems and
all natural waterways within the area and manage its preservation and development for the present
and future generation of the people of the Province of Souther Leyte.

SECTION. 4. Powers and Duties. - The Authority shall exercise the following powers and

duties:

a) Prepare a master plan to preserve, protect, develop and exploit the Hinunangan Bay, all
rivers, river systems and natural waterways in the area;

b) Conduct engineering surveys of rivers, river systems and natural waterways, assessing
and monitoring water quality, pinpointing pollution sources and identifying the rivers that need to
be developed and rehabilitated for proper utilization;

) Initiate and facilitate planning, implementation, monitoring and evaluation of pertinent
projects with positive impact on environment and development, including dredging, widening and
improving of river channels and river alignments;

4d) Prepare a specific plan of operation for the development and rehabilitation of the bay

¢) Initiate funding arrangements with local and foreign donors, including fund-raising, to
finance priority development projects and provide direct funding of minor initiatives expected to
create a positive impact on the environment in the projected area;

f) Develop information materials to ensure a high degree of environmental awareness in

government agencies, organization and the general public;

g) Recommend to the proper agencies concerned offering financial support, technical and
physical assistance about the level of priority to be accorded river systems development and
rehabilitation projects,


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h) Coordinate and integrate such projects or operations of local government units,
government agencies, public corporations and, when necessary and feasible, those of private
entities, as will bear directly upon the plans and activities of the Authority so as to make possible
the accelerated and intensive development and rehabilitation of the bay, rivers, river systems and
natural waterways within the context of the master plan and to set up a compact and well-trained
staff for effective liaison and consultation’ or joint planning and implementation with government

and private entities; and

i) Report annually to the local chief executive of the province on its activities including
those done in collaboration with the various government and private entities. The report shall
include, among other items, a comparison of the developmental and rehabilitation targets as set for
the year ending and the extent to which actual accomplishments measure up to such targets and
the appropriate administrative and legislative recommendations.

SECTION. 5. Board of Directors. - The powers and duties of the Authority shall be
exercised by the Board of Directors which shall be composed of the following:

a. Provincial Governor of Southern Leyte, as Chairperson;

b. Municipal Mayor of Hinunangan, as Vice-Chairperson;

c. Municipal Mayor of Hinundayan;

d. Municipal Mayor of Silago;

e. Department of Tourism;

f£ Department of Public Works and Highways

& Department of Environment and Natural Resources representative; and

h. Two (2) representatives from the private sector, as members;

i. General Manager to Seat in the Board.
The two (2) members representing the private sector shall be
appointed by the Provincial Governor of Southern Leyte, in coordination

with the District Representative of Southern Leyte, and shall be paid an


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honorarium the amount of which shall be determined by the Board of Directors.
‘No member of the Board shall be financially interested, directly or

indirectly, in any contract entered into by the Authority or in any special
privileges granted by the Authority. All contracts entered into in violation of
this provision shall be null and void ab initio.

‘The Board shall meet regularly at least once a month. Special

meetings may be called either by the Chairperson or by at least five (5)
members of the Board. The majority of the Board shall constitute a quorum

and all decisions of the Board shall require the concurrence of at least five

(5) members.

SECTION. 6. Powers and functions. - The Board shall exercise theV following powers
and functions:

a) Formulate, prescribe, amend and repeal rules and regulations to govern the conduct of
operations of the Authority;

b) Act upon the annual budget and such supplemental budgets of the Authority submitted
by the General Manager: Provided, That the Board may reduce but may not increase any item
proposed by the General Manager;

©) Approve the organizational structure of the Authority, as well as its staffing patter, the
salaries of the personnel and their powers and duties submitted by the General Manager,

4) Suspend, remove or otherwise discipline for just cause any staff member appointed by
the Board;

) Enter into such contract or agreement as may be necessary for the attainment of the
purposes and objectives of this Act;

f) Render annual reports to the local chief executives of the Province of Southern Leyte
and such special reports as may be requested; and


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

SECTION. 7. General Manager. - There shall be a General Manager who shall be the
chief executive officer of the Authority. He must have at least five (5) years experience in the field

of public administration or the management of environment, sanitation and health.
SECTION.. 8. Functions. — The General Manager shall exercise the following functions:

a) Prepare the agenda for the meeting of the Board and to submit for consideration thereof
the policies and measures which are necessary to carry out the purposes and provisions of this Act;

b) Execute and administer the policies and measures approved by the Board;

) Direct and supervise the operation and internal administration of the Authority. The
General Manager may delegate administrative responsibilities to other officers of the Authority
subject to the rules and regulations of the Board; and

d) Exercise such other powers as may be vested by the Board.

SECTION. 9. Compensation. - The General Manager shall receive a compensation, per
diems and allowances as may be determined by the Board to be charged against the annual
appropriation of the Authority

SECTION. 10. Secretariat - The Board shall organize a Secretariat which shall provide
the necessary technical, management and staff services.

SECTION. 11. Funding.- The amount necessary for the implementation of this Act shall
be charged to the share in the Internal (IRA) Revenue Allotment of the Provincial Government of
Southern Leyte and the share of the IRA of the three Municipalities thus covered, the
Municipalities of Hinunangan, Hinundayan and Silago.

SECTION 12. Separability Clause. - If, for any reason, any part or provision of this Act
shall be held unconstitutional or invalid other parts or provisions hereof which are not affected
thereby shall continue to be in full force and effect.

SECTION. 13. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts
thereof inconsistent with the provisions of this Act are hereby repealed or amended accordingly.


1 SECTION. 14. Effectivity. - This Act shall take effect fifteen (15) days after its publication

2 imat least two (2) national newspapers of general circulation.

3 Approved,