Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, 5214

INTRODUCED BY REPRESENTATIVES PAOLO Z. DUTERTE, ERIC G. YAP,
AND SANDRO L. GONZALEZ

AN ACT CREATING THE BORACAY ISLAND DEVELOPMENT AUTHORITY
(BIDA)

EXPLANATORY NOTE

President Rodrigo R. Duterte is the only Chief Executive that embarked on the rehabilitation
of Boracay Island. Prior to this, the pristine beaches of the Island considered the best in world
is suffering from degradation due to pollution, poor waste disposal, overcrowding etc.

After the successful rehabilitation process, the famous tourist spot dubbed as the “New
Boracay” have seen a significant improvement. It was restored to its former glory as best haven
for tourists from around the world. ‘The challenged at present is how to sustain the recent
efforts of Administration in cleaning and restoring the Island.

Itis recommended that a national authority be created to oversee Boracay Island. Towards this
end, the Boracay Island Development Authority (BIDA) is sought to be created. The principal
tasked of the Authority is to ensure that the gains realized from the rehabilitation is continued
and further develop the Island.

Specifically, it shall formulate policies, plans, programs, and projects for the rehabilitation,
preservation, and enhancement of the Boracay Island ensuring adequate provisions for
environmental management and control, the preservation of the equality of human life and
ecological systems, and the prevention of undue ecological disturbances, deterioration and
pollution.

It shall also promote and encourage the involvement of all sectors of society and maximize
people participation in natural resource management, conservation and protection.


In view of the foregoing, the immediate passage of this landmark legislation is earnestly
sought.

HON. PAQU® Z. DUTERTE
Representative
1" District\ Davao City

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HON. ERIC G. YAP
Representative
ACT-CI

HON. IZALEZ
Representative
MARINO PARTY-LIST


6214

AN ACT CREATING THE BORACAY ISLAND DEVELOPMENT AUTHORITY

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

Section 1. Short Title. This Act shall be known as the “Boracay Island Development
Authority” (BIDA).

Section 2. Declaration of Policy. It is hereby declared the national policy to promote
and accelerate sustainable development and balanced growth of the Boracay Island consistent
with the necessity of maintaining a sound ecological balance and protecting and enhancing the
quality of the environment. Towards this end, the Boracay Island Development Authority
(BIDA) shall formulate policies, plans, programs, and projects for the rehabilitation,
preservation, and enhancement of the Boracay Island ensuring adequate provi for
environmental management and control, the Preservation of the equality of human life and
ecological systems, and the prevention of undue ecological disturbances, deterioration and
pollution.

It shall also promote and encourage the involvement of all sectors of society and
maximize people participation in natural resource management, conservation and protection.

Section 3. Boracay Island Development Authority (BIDA) created. For the purpose
of carrying out and effecting the declared national policy, there is hereby created a body
corporate to be known as the Boracay Island Development Authority (BIDA), hereinafter
referred to as the Authority whose metes and bounds shall be issued by the President of the
Philippines subject to the limitations of the Constitution and the pertinent provisions of the
Local Government Code.

Within the framework and subject to the mandate and limitations of the Constitution
and the provisions of the Local Government Code, the BIDA shall be developed into a self-
sustaining, industrial, commercial, financial and investment center to generate employment
opportunities and to attract and promote productive local and foreign investments, taking into
account the protection and preservation of the natural resources and biodiversity of the Boracay
Island.

It shall be organized within ninety (90) days after the approval of this Act.

The Authority is attached to the Department of Environment and Natural Resources
(DENR) and shall execute the powers and functions herein vested in such manner as will, in
its judgment, aid to the fullest possible extent in carrying-out the goals and purposes set forth
below.

Section 4. Definition of Terms. As used in this Act, the following terms are defined
as follows:

1. “Boracay Island” refers to the most popular tourist destinations, located
approximately 315km (200 miles) south of Manila and 2km off the Northwest tip
of the Island of Panay in the Western Visayas Region of the Philippines;

2. “Sustainable development” means the improvement in the quality of life of the
present and future generations through the complementation of development and
environmental protection activities and programs;


1

. “Natural Resources” refers to life-support systems such as the sea, coral reefs,

soil, lakes rivers, streams, and forests as well as useful products found therein such
as Minerals, wildlife, trees and other plants, including the aesthetic attributes of
scenic sites that are not man-made;

|. “Preservation” refers to the wise use of natural resources that assured regeneration

and replenishment for continuous benefit;

. “Ecology” means the life-sustaining interrelationships and interactions of

Organisms with each other and with their physical surroundings;

. “Administrator” means the chief operating or executive officer of the Boracay

Island Development Authority (BIDA) duty appointed by the Office of the
President;
“Board of Directors”

Section 5. Location of Principal Office. The Authority shall maintain its principal
office at a convenient place within the region, but it may have branch offices in such other
places that are necessary for the proper conduct of its business.

Section 6. Corporate Powers of the Authority. The Authority shall have the following
powers and functions:

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To succeed on its corporate name;
To sue and be used in such corporate name

. To adopt, alter, and use corporate seal;

To adopt, amend, and repeal its by-laws;

.. To enter into contracts as may be allowed by existing laws to carry out it purposes

and functions state in this Act;

To establish a graded system of protection and development control over the whole
of Boracay Island including its tribal lands, forest mines, agricultural areas,
settlement areas, biodiversity, mangroves, coral reefs, seagrass beds and the
surrounding sea;

To accept any local or foreign investment, business or enterprise, subject only with
the internal policies of the Authority without prejudice to existing laws, rules and
regulations;

. To undertake and regulate the establishment, operation and maintenance of utilities,

other services and infrastructure in the Island to fix just and reasonable rates, fares,
charges and other prices therefore;

To construct, acquire, own, lease, operate and maintain on its own or through
contract, franchise, license permits bulk purchase from the private sector and built-
operate-transfer scheme or joint-venture the required utilities and infrastructure in
coordination with local government units and appropriate government agencies
concerned and in conformity with existing applicable laws therefore;

Within the limitation provided by law, to raise and/or borrow the necessary funds
from local and international financial institutions and to issue bonds, promissory
notes and other securities for that purpose and to secure the same by guarantee,
pledge, mortgage, deed of trust, or assignment of its properties held by the Authority
for the purpose of financing its projects and programs within the framework and
limitations of this Act;

. To protect, maintain and develop forest lands, protected areas and wetlands, the

rules and regulations of DENR and other government agencies directly involved in
the above functions shall be implemented by the Authority;


1. To receive donations, grants, bequeaths and assistance of all kinds from local and

foreign government and private sectors and utilize the same;

m. To adopt and implement measures and standards for environmental pollution
control of all areas within its territory, including, but not limited to all bodies of
water and to enforce the same. For which purpose the Authority shall create an
Ecology Center;

. To promulgate all necessary rules and regulations; and

©. To perform such other powers as may be necessary authorized under existing laws

to carry out the purposes of this Act.

B

Section 7. Incorporation. The members of the first Board of Directors shall be elected
by the Stockholders and the incorporation shall be held to have been affected from the date of
the first board meeting.

Section 8. Composition of the Board of Directors. The powers shall be vested in and
exercised by a Board of Directors, referred to as the Board, composed of 11 members, as
follows:

The Administrator to be appointed by the President of the Philippines;

‘The Secretary of DENR as the Chairman;

‘The Secretary of NEDA as Vice-Chairperson;

|. Two (2) Representatives from the Provincial government of Aklan and
Municipality of Malay;

e. The members of the Board from government shall be regular officers from the

following departments with a rank of director or higher, duly deputized to represent

their respective secretaries and committed to the cause of sustainable development;

1. Department of Tourism

2. Department of Science and Technology

3. Department of Public Works and Highways

4. Department of Transportation and Communication

aese

Officials next in rank to the above-mentioned member shall serve as permanent
alternate members and follow the rules under the Governance Commission for GOCCs.
He/She shall attend meetings of the Board in the absence of their principals and receive the
corresponding diems.

Section 9. Qualifications. No person shall be appointed or designated unless he is a
natural-born Filipino citizen, of good moral character, of unquestionable integrity, and or
recognized competence in relevant fields including but not limited to, economics, management,
international relations, law or engineering.

All procedural matters in the conduct of board meetings shall be prescribed in its
internal rules.

Section 10. Functions of the Board. The Board of Directors shall be policy-making
body of tile Authority and shall perform the following functions:

a. Determine the organizational structure of the Authority, define the duties and
responsibilities of all officials and employees and adopt a compensation and benefit
scheme at least equivalent to that of the Bangko Sentral ng Pilipinas (BSP);


ae

Appoint all officials down to the third level and authorize the administrator of the

‘Authority to appoint all others: provided, that all appointments shall be on the basis
of merit and fitness and all personnel action shalll be in pursuance of Civil Service
Laws, rules and regulations, except those coterminous employees of the members
of the Board;

Prepare the annual and supplemental budgets of the Authority;

|. Submit an annual report of the operation of the Authority to the President of the

Philippines, President of the Senate and Speaker of the House of Representatives;

. Carry out the purposes of the Authority with the following terms and references:

i. As much as possible, major conversion projects shall be undertaken under
the complete project turn key or build-operate-transfer (BOT) scheme as
provided under Republic Act Numbered Sixty Nine Hundred and Fifty
Seven (RA 6957); and

2. Starting the third year of the Authority’s full operation, a privatization or
divestment program of its projects and subsidiaries shall begin under general
guidelines prescribed by the President of the Philippines.

Section 11. Board Meetings. The Board shall meet at least once a month. The Board
shall be convoked by the Chairman or upon written request signed by the majority of the

members.

Section 12. Powers and Functions of the Administrator. The Administrator shall be
the Chief Executive of the Authority. As such, he shall have the following powers and duties:

a

b.

g

Submit for consideration of the Board, the policies and measures which he believes
to be necessary to carry out the purposes and provisions of this Act;

Execute and administer the policies, plans, programs and projects approved by the
Board;

.. Direct and supervise the operation and internal administration of the Authority. The

General Manager may delegate certain of his administrative responsibilities to other
officers of the Authority subject to the rules and regulations of the Board.

. Appoint officials and employees below the rank of division heads to positions in

the approved budget upon written recommendation of the division head concerned
using as guide the standard set forth in the Authority’s merit system;

Submit quarterly reports to the Board on personnel selection, placement and
training;

Submit to the NEDA an annual report and such other reports as maybe required,
including the details of the annual and supplemental budgets of the Authority, and
Perform such other functions as may be provided by law.

‘The Board may create such other divisions and positions as may be deemed necessary
for the efficient, economical and effective conduct of the activities of the Authority.

Section 13. Capitalization and Financing. The Authority shall have an authorized
capital of One Hundred Fifty Million Pesos (P150,000,000.)

Section 14. Auditing. The Board shall provide and appoint an auditor who shall
formulate an auditing system for the Authority.

Section 15. Research and Development Division. The Authority, in coordination with
the Department of Science and Technology (DOST), other concerned government agencies and


academic research institutions, may establish a research and development division for the
prevention and control of degradation. The Authority shall conduct and promote the
coordination and acceleration of research, investigation, studies, investment, trainings and
surveys relating to the causes, extent, prevention and control of environmental degradation of
the natural resources of Boracay Island.

Section 16. Implementing Rules and Regulations. The Authority, through the Board
of Directors and DENR shall establish the Implementing Rules and Regulations within ninety
(90) days after the passage of this Act.

Section 17. Penal and Civil Liability Clause. Any person, natural or juridical, who
shall violate any of the provision of this Act or any rules or regulation promulgated by the
Authority pursuant thereto shall be liable to imprisonment of not exceeding three years or to a
fine not exceeding Five Thousand Pesos or both at the discretion of the Court.

If the violator be a corporation, partnership or association, the officer or officers of the
organization concerned shall be liable therefor.

The authority is hereby authorized to pursue separate civil actions for damages resulting
from infractions of the provisions of this Act, rules or regulations issued pursuant thereto and/
or conditions embodies in the clearances or permits issued by the Authority.

Section 18. Separability Clause. \f any provision of this Act is declared invalid or
unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

Section 19. Repealing Clause. All Acts, Executive Orders, memorandum circulars/
guidelines and other issuances or parts thereof, which are inconsistent with this Act, are hereby

Section 20. Effectivity. This Act shall take effect upon its approval.

APPROVED. City of. Philippines, this day of 2020.