Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

House BiLLNo._ 5385

Introduced by Hon. GABRIEL LUIS R. QUISUMBING

EXPLANATORY NOTE

in view of the changing weather conditions brought about by climate change
and the resulting floods in different areas of the country, there is a need for
additional measures to mitigate the damages brought by natural calamities and
disasters. In the aftermath of recent typhoons Pedring and Quiel, Northern and
Central Luzon suffered heavy damage to life and property due to unprecedented
flooding. At present, the Government is planning to review the protocols znd
standards on dam water releases.

This bill seeks to provide compensation for the loss of life and property of
people adversely affected by the release of water from dams or reservoirs. Further,
the proposed measure seeks to create and establish a National Dam Safety and
Review Board, which shall oversee, manitor, and inspect the conditions of all dams
in the country. The National Dam Safety and Review Board shall also establish an
effective safety program to reduce the adverse effects of releasing water from dams
or reservoirs especially during heavy rains and typhoons.

Hence, approval of this bill is urgently earnestly soy

i
iS R. QUISUMBING


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

HOUSE BILLNO.___ 5385

Introduced by Hon. GABRIEL LUIS R. QUISUMBING

AN ACT PROVIDING COMPENSATION TO PEOPLE ADVERSELY AFFECTED BY
‘THE RELEASE OF WATER FROM DAMS OR RESERVOIRS, CREATING FOR THE
PURPOSE THE NATIONAL DAM SAFETY AND REVIEW BOARD AND
APPROPRIATING FUNDS THEREFOR.

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

SECTION 1. Short Title. - This Act shali be known as the “The National Dam Sufety
Act of 2011."

SECTION. 2. Declaration of Policy - It is hereby declared the policy of the State to
reduce the adverse effects of releasing water from dams or reservoirs, especialy
during heavy rains and typhoons, through the establishment and maintenance of an
effective national dam safety program and the implementation of a government
mechanism to compensate the people who suftered loss of life and property on
account of such related calamities.

SECTION, 3. National Dam Safety and Review Board. - Thece is hereby creates: a
National Dam Safety and Review Board, hereinafter referred to as the Board, which
shall inspect and oversee the conditions of all dams in the country and establish
effective safety programs to protect human life and property against adverse effects
of releasing water from dams or reservoir

The Board shall be composed of the following:

a) Secretary of Public Works and Highways, as ex officio Chairman;
b) Director of Philippine Atmospheric, Geophysical and Astronom.cal
Services Administration (PAG-ASA); and

¢) Administrator of National Disaster Risk Reduction and Management
Council (NDRRMC) as ex officio Vice-Chairmen;
a) Executive Director of the National Water Resources Board (NWRB):

e) Administrator of the National Irrigation Authority (NIA);
f) Administrator of Manila Waterworks and Sewerage System;


2) President of the National Power Corporation; and
h) Secretary of Social Welfare and Development, as ex officio members

SECTION. 4. Powers and Functions. - The Board shall exercise the following
pawers and functions:

a) Establish and maintain effective dam safety programs, policies and
guidelines for the protection of human life and property:
b) Issue notices, when appropriate, to require management of dams or

reservoirs; to perform necessary maintenarice or remedial work; to revise operzting
procedures, or lake other actions, including breaching dains, when necessary;

) Require or perform the inspection, at least once every five (5) years,
of all dams and reservoirs that would pose a significant threat to human life and
property in case of failure, to determine the continued safety of the dams and
reservoirs;

d) Identify each dam and prepare a system of emergency procedures to
be used if a dam fails or if the failure of a dam is imminent based on the following
considerations:

1.0am failure, which could be reasonably expected to endanger human lite,

2, Maximum area that could be flooded if the dam failed; and

3.Necessary public facilities that would be affected by the flooding,

e) Receive, evaluate, process and investigate applications for claims and
compensation under this Act;
f) Conduct an independent administrative hearing and resalve

applications for claims subject Lo conditions which may be established under this
Act:

2) —_Reputize appropriate government agencies in order to cttectively
implement its functions; and

h) Exercise all the powers necessary to attain the purposes for which itis
created,

SECTION. 5. Compensation and Rehabilitation. The Board shall, upon favorable
resolution of the claims, compensate and provide immediate relief to indivicuals
who suffered Joss of life or damage to property and livelihood in the event at any
dam failure resulting {rom the negligence of dam owners and government agencies.

‘The Board shall award the following:

a) In case of death of an individual, the amount of Fifty Thousand ¢ esos
(P50,000.00) shall be granted to the legal heirs of the victim by way of death benetit;

b) br case of physical, emotional or psychological injuries caused to an
individual, the cost of hospitalization and other related and consequential dar-ages
resulting from such injury shall be granted the victim-claimant;



c) In case of loss of or damage to property, the amount correspondir:3 to
the assessed valuc of the property lost or destroyed or the ammount mutually agrved
upou by the partis shall be granted the victim-claimant

SECTION. 6 Appropriations. - The amounl necessary for the initial operation of
he Board unc the compensation for victims adversely affected by the release of
water trom dams ar reservoir shall be charged to the appropriations for the
Department of Public Works and Highways (DPWH). Thereafter, such sus as
maybe necessary for its continued implementation shall be included in the enaval
General Appropriations Act,

SECTION. 7. fmplementing Rules and Regulations. - The Board shali, in
coordination with the DPWH, promulgate rules and regulations necessary to er.sure
the effective implementation of this Act.

SECTION. 8, Repeating Clause, - All laws, decrees, executive orders, rules and
regulations and other issuances or parts thereof that are inconsistent with this Act
are hereby repeated, amended or modified accordingly.

SECTION. 9, Effectivity. ~ ‘This Act shall take effect fitteen (15) days followirg its
publication in at least wo (2) national newspapers of general circulation

Approved,