Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

18" Congress
First Regular Session

774

House Bill No.

Introduced by Hon. Ma\rheresa V. Collantes

EXPLANATORY NOTE

‘This bill seeks for the sustainable and viable development of the Taal Lake Area, more
specifically the Taal Volcano Island, Taal Lake and its tributaries, through the creation of the
Taal Lake Development Authority (TLDA).

‘The perennial onslaught on the ecological balance of the Taal Lake needs immediate
response. There is a real need to protect and conserve the ecological, biological, scientific,
educational and recreational features of the area. There is indeed a need to prevent the undue
ecological disturbances, deterioration and pollution of the area.

Most importantly, there is now a need to establish a national entity that shall oversee,
address, protect and develop the Taal Lake Area particularly on matters of environmental
protection, poverty alleviation, local autonomy, eco-tourism and sustainable growth.

The Taal Lake Development Authority shall likewise undertake measures to conserve
the natural resources and promote the accelerated socio-economic development of the area, as
well as to formulate plans, programs and projects and ensure their implementation. The
Authority shall effect the preservation of the natural beauty of the environment, the
development of the area as an eco-tourism zone and the implementation of programs and
projects that would generate local economies and livelihood development for its stakeholders.

The Taal Lake has a distinct and unique environment and ecosystem. It is now
imperative to truly and urgently protect, conserve, promote and oversee it, s0 that it can remain
‘one of the country’s “crown jewels” for the enduring benefits and pleasure of the Filipino
people and tourist alike.

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

(lence U. OClawte.

HON. MA, THERESA V. COLLANTES

12.


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

18 Congress
First Regular Session

House Bill No.__774

Introduced by Hon. Ma. Theresa V, Collantes

AN ACT
CREATING THE TAAL LAKE DEVELOPMENT AUTHORITY, PRESCRIBING ITS
POWERS, FUNCTIONS AND DUTIES, PROVIDING FUNDS THEREFOR, AND FOR
OTHER PURPOSES

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

CHAPTER I
TITLE

SECTION 1. Title - This Act shall be officially known as TAAL LAKE
/ELOPMENT AUTHORITY (TLDA) ACT of 2019.

CHAPTER IT
DECLARATION OF POLICY

SECTION 2, Declaration of Policy - Itis hereby declared to be the national policy to
promote and accelerate the development and balanced growth of the Taal Lake area within the
context of the national and regional plans and policies for social and economic development
and to carry out the development of the Taal Lake area with due regard for environmental
Management and control, preservation of the quality of human life and ecological systems,
formulation of programs that will ensure food security, promotion of eco-tourism and the
prevention of undue ecological disturbances, deterioration and pollution.

CHAPTER II
DEFINITION OF TERMS
SECTION 3, Definition of Terms ~

1) Act — Whenever used in this Act shall refer to the enabling Act creating
the Taal Lake Development Authority (TLDA);


2) Authority - Whenever cited in this Act shall mean the Taal Lake
Development Authority;

3) Council ~ shall always refer to the Taal Lake Development Council, the
governing board of the Taal Lake Development Authority;

4) Area ~ means the Taal Lake Area that is defined by Section 7 of this Act.
CHAPTER IV
CREATION OF AUTHORITY
SECTION 4, — Taal Lake Development Authority created —To carry out the provisions
of this Act, there is hereby created the Taal Lake Development Authority, which shall be
organized within one hundred twenty (120) days after the approval of this Act. The Authority
shall execute the powers and functions herein vested and conferred upon it in such a manner as
will, in its judgment, aid to the fullest possible extent in carrying out the aims and purposes set
forth below, without diminution of the autonomy of the government-units concerning purely
local matters.
‘The Taal Lake Development Authority shall be placed under the Office of the President.
SECTION 5, - Location of the Principal Office - ‘The Authority shall maintain its
principal office at a convenient place within or near the area, but it may have branch offices in
such other places as are necessary for the conduct of its operation.
CHAPTER V

WATER RIGHTS.

‘TION 6.- Water rights over Taal Lake and its ributaries. - To effectively regulate
and monitor activities in the Taal Lake area and to carry out the Authority's plans, programs
and projects, the Authority shall have exclusive jurisdiction and water rights over Taal Lake
and its tributaries.

CHAPTER VI
SCOPE

SECTION 7. = Taal Lake Area: scope ~The Taal Lake Area settlement are the cities
of Tanauan and Lipa and the municipalities of Agoncillo, Alitagtag, Balete, Cuenca, Laurel,
Malvar, Matas na Kahoy, San Nicolas, Sta. Teresita, Sto. Tomas, Talisay and Taal, all in the
Province of Batangas. This also specifically includes the Taal Volcano Island, Taal Lake and
its tributaries,



CHAPTER VII
ECO-TOURISM AND AQUACULTURE ZONE

SECTION 8. ~ Taal Lake Area: an eco-tourism and aquaculture zone ~ The Taal Lake
Area shall be declared an eco-tourism and aquaculture zone and as such shall be accorded
priority development by government agencies and instrumentalities and the local government
units comprising therewith,

CHAPTER VIII
POWERS AND FUNCTIONS OF THE AUTHORITY

SECTION 9. ~ Powers and functions of the Authority ~ The Authority shall have the
following powers and functions:

a) To make a comprehensive survey of the physical and natural resources and
potentialities of the Taal Lake Area particularly its social and economic conditions,
hydrological characteristics, power potentials, development of scenic and tourists
spots, conservation of water resources and such other matters, and on the basis
thereof, to draft a comprehensive and detailed plan designed to conserve and utilize
optimally the resources within the area, to promote its rapid social and economic
development and upon approval by the National Economic Development Authority
(NEDA) Board of such plan, to implement the same including projects in line with
the said plan: Provided, That implementation of all fisheries plans and programs of
the Authority shall require prior consensus of the Bureau of Fisheries and Aquatic
Resources (BFAR) to ensure that such plans and programs are consistent with the
national fisheries plans and programs. For the purpose of the said survey, public
agencies shall submit and private entities shall provide necessary data.

The guidelines for the comprehensive and detailed plans are based on the following:

1) Preservation of the area’s natural beauty, protection of its ecological balance
and enhancement of its environment;

2) Maximum enjoyment and easy access by ordinary people to public areas;

3) Rational land-use and zoning plan considering that Taal Volcano Island in
particular is a national asset, being a tourist destination of Filipinos from all
parts of the country as well as foreign visitors;

4) Prohibition/control of unusually tall, unstable and obstructive structures
obscuring public view of the natural beauty of the surroundings in accordance
with the zoning ordinances of the local government units concerned and subject
to pertinent laws, rules and regulations on the matter;

b) To provide the machinery for extending the necessary planning, management and
technical assistance to prospe ing investors in the area;



©) Tomake recommendations to the proper agencies on the technical support, physical
assistance and, generally, the level of priority to be accorded agricultural, industrial
and commercial projects, soliciting or requiring direct help from or through the
government or any its instrumentalities;

4) To pass upon and approve or disapprove all plans, programs, and projects proposed
by the local government offices/agencies within the area, public corporations, and
private persons or enterprises where such plans, programs, and/or projects are
related to those of the Authority for the development and protection of the area as
envisioned in this Act. ‘The Authority shall issue the necessary clearances for
approved proposed plans, programs and projects within thirty (30) days from
submission thereof unless the proposals are not in consonance with those of the
Authority or that will contribute to the unmanageable pollution of the Taal Lake
waters or will bring about the ecological imbalance of the area: Provided, further,
That the Authority is hereby empowered to institute necessary legal proceedings
against any person who shall commence to implement or continue the
implementation of any project, plan or program within the Taal Lake area without
previous clearance from the Authority: Provided, furthermore, That any local
government office, agency, public corporation, private person, or enterprise whose
plans, programs and/or projects have been disapproved by the Authority may appeal
the decision of the Authority to the Office of the President within fifteen (15) days
from receipt of such disapproval whose decision on the matter shall be final.
Reasonable processing fees as may be fixed by the Authority's Council shall be
collected by the Authority for the processing of such plans, programs, and/or
projects: Provided, finally, That expansion plans shall be considered as new plans
subject to review of the Authority and to the payment of the processing fees.

The Authority and national and local government offices, agencies and public
corporation shall coordinate their plans, programs, projects and licensing procedures with
respect to Taal Lake Area for the purpose of drawing up a Taal Lake Development Plan which
shall be binding upon all parties concerned upon approval of the NEDA Board;

¢) To plan program, finance and/or undertake infrastructure projects such as river,
flood and tidal control works, waste water and sewerage works, water supply, roads,
port works, irrigation, communications, housing and related works, when so
required within the context of its development plans, and programs including the
readjustment, relocation or resettlement of the population within the area as may
deemed necessary and beneficial by the Authority; Provided, That should any
project be financed wholly or in part by the Authority, it is hereby authorized to
collect reasonable fees and tolls as may be fixed by its Council subject to the
approval of the Office of the President from users and/or beneficiaries thereof to
recover cost of construction, operation and maintenance of the projects: Provided,
further, That if the Authority should find it necessary to undertake such
infrastructure projects which are classified, as social overhead capital projects as
determined by the NEDA, the Authority shall be authorized to receive financial
assistance from the government in such amounts as may be necessary to carry out
the said project subject to such terms and conditions that may be imposed by the
government, upon the recommendation of the NEDA Board: Provided, finally,
‘That such amount as may be necessary for the purpose is hereby authorized to be
appropriated out of the funds of the National Treasury not otherwise appropriated;



1) To conduct studies and make experiments on fish production and aquaculture,
whenever necessary, with the collaboration and assistance of the Bureau of
Fisheries and Aquatic Resources, with the end-view of improving present
techniques and practices;

g) For the purpose of effectively regulating and monitoring activities in Taal Lake and
its tributaries, the Authority shall have exclusive jurisdiction to issue new permit
for the use of the lake waters and its tributaries for any project or activities in or
affecting the said lake including navigation, construction, and operation of fish
cages, fish enclosures, fish corrals and the like, and to impose necessary fees for
said activities and projects: Provided, That the fees collected for fisheries may be
shared between the Authority and other government agencies and political sub-
divisions in such proportion as may be determined by the President of the
Philippines upon recommendation of the Authority’s Council; Provided, further,
That the Authority’ s Council may determine new areas of fishery development or
activities which it may place under the supervision of the Bureau of Fisheries and
Aquatic Resources taking into account the overall development plans and programs
of the Taal Lake Area: Provided, finally, That the Authority shall subject to the
approval of the President of the Philippines, promulgate such rules and regulations
which shall govern fisheries development activities in the Taal Lake and its
tributaries which shall take into consideration among others the following: socio-
economic amelioration of bonafide resident fishermen whether individually or
collectively in the form of cooperatives, lakeshore town development, a master plan
for fish cage construction and operation, communal fishing ground for lakeshore
town residents in hiring labourers for fishery projects;

h) To propose to cities and municipalities embraced within the area to pass appropriate
zoning ordinances and other regulatory measures necessary to carry out the
objectives of the Authority and enforce the same with the assistance of the
Authority;

i) To act in coordination with existing governmental agencies in establishing water
quality standards for industrial, agricultural and municipal waste discharges into the
lake and its tributaries and to cooperate with said existing agencies of government
in enforcing such standards, or to separately pursue enforcement and penalty actions
as provided for in Section 9(d) and Section 23 of this Act: Provided, That in case
of conflict on the appropriate water quality standard to be enforced such conflict
shall be resolved through the Office of the President;

4) To establish an emergency plan, policies, strategies and disaster preparedness
activities, in cooperation with the Philippine Institute of Volcanology and
Seismology and the National Disaster Coordinating Council;

k) To undertake studies on the improvement and maintenance of the desirable water
quality of Taal Lake and its tributaries, and in pursuance thereof, to prepare a water
quality management program on a continuing basis, which the Authority shall carry
out with the assistance and support of all national and local government units
involved in water quality management;


}) To issue standards, rules and regulations to govern the approval of plans and
specifications for sewerage and industrial waste disposal systems and the issuance
of permits; and inspect the construction and maintenance of sewage works and
industrial waste disposal systems for compliance to plans;

m) To adopt, prescribe and promulgate the rules and regulations governing the
procedures of the Authority with respect to hearings, plans, specifications, designs
and other data for sewerage system and industrial waste disposal system, the filing
of reports and the issuance of permits;

n) To issue, renew or deny permits, under such conditions as it may determine to be
reasonable, for the prevention and abatement of pollution, for the discharge of
sewage system, industrial waste, and for the installation or operation of sewerage
and industrial disposal system or parts thereof; Provided, That the Authority, by
rules and regulations, may require subdivisions, condominiums, hospitals, public
buildings and other similar human settlement to put up appropriate central sewerage
system and sewage treatment works, except that no permits shall be required of any
new sewerage system or changes to or extensions of existing sewerage system that
discharge only domestic or sanitary wastes from a single residential building
provided with septic tanks or their equivalent, The Authority may impose
reasonable fees and charges for the issuance or renewal of all permits herein
required;

©) After due notice and hearing, the Authority may also revoke, suspend or modify any
permit issued under this Act whenever the same is necessary to prevent or abate
pollution;

p) To deputize in writing or request assistance of appropriate government agencies or
instrumentalities for the purpose of enforcing this Act and its implementing rules
and regulations and the order and decisions of the Authority;

4) To authorize its representatives to enter at all reasonable times any property of the
public dominion and private property devoted to industrial, manufacturing,
processing or commercial use without doing damage, for the purpose of inspecting
and investigating conditions relating to pollution or possible imminent pollution;

1) To enter into contracts, memoranda, agreements and other cooperative arrangements
with public and private entities, whether here or abroad for purposes of carrying out
the provisions of this Act;

s) To accept donations, contributions, grants, bequests or gifts in cash or in kind from
various sources, domestic or foreign in consonance with existing laws and
regulations. The cash donations shall not be used to fund the personal services
requirement of the Authority;

1) To perform other related functions as deemed necessary to achieve the objectives of
the authority.

SECTION 10. — Damages to the water and aquatic resources. — Compensation for
damages to the water and aquatic resources of Taal Lake and its tributaries resulting from



failure to meet established water and effluent quality standards or from such other wrongful act
or omission ofa person, private or public, juridical or otherwise, punishable under the law shall
be awarded to the Authrity to be earmarked for water quality control and management,

SECTION 11,~Collection of fees. ~ The Authority is hereby empowered to collect fees
for the use of the lake waters and its tributaries for all beneficial purposes including but not
limited to recreation, municipal, industrial, agricultural, fisheries, navigation, irrigation and
waste disposal purposes: Provided, That the rates of the fees to be collected, and the sharing
with other government agencies and political subdivisions, if necessary, shall be subject to the
approval of the President of the Philippines upon the recommendation of the Taal Lake
Development Council, except fish cage fees, which will be shared in the following manner, 50
percent of the fish cage fees go to the lakeshore local governments and the remaining 50 percent
shall be retained to the Authority; Provided, however, that the share of the Authority shall form
part of its Special Fund and shall not be remitted to the National Treasury.

CHAPTER IX
SOURCES OF FUNDS
SECTION 12. ~ Sources of Funds and the Operating Budget of the Authority.

a) To carry out the purposes of this Act, the amount of One Hundred Million Pesos
(Php100,000,000.00) is hereby authorized to be appropriated for the initial
operation of the Authority. ‘Thereafter, the annual expenditures including capital
outlay of the Authority shall be provided in the General Appropriations Act.

b)_ The Authority is likewise empowered to levy fines and impose fees and charges for
various services rendered.

SECTION 13. = Special Fund. ~ Notwithstanding any provisions of law, rules and
regulations, executive and administrative order to the contrary, there is hereby established a
Special Fund, sourced from various fees and charges levied by the Authority. ‘The Special
ind shall be administered by the Taal Lake Development Council and shall be at the
immediate disposal of the Council to be used exclusively to augment deficiencies in the annual
appropriations of the Authority, for operational and administrative expenses, and for repair and
acquisition of necessary facilities and equipments.

CHAPTER X

MANAGEMENT AND PERSONNEL

SECTION 14. ~ Taal Lake Development Council. ~ The governing board and
policymaking body of the Authority shall be the Taal Lake Development Council, which shall
be composed of the following, to wit;

Chairman, Taal Lake Development Authority
Secretary, National Economic Development Authority
Secretary, Department of Environment and Natural Resources
Secretary, Department of Tourism

Secretary, Department of Agriculture

vane


6. Secretary, Department of Trade and Industry

7. Secretary, Department of Public Works and Highways

8. Secretary, Department of Transportation and Communication

9. Secretary, Department of National Defense and Chairman, National Disaster and
Coordinating Council

10. Head, Presidential Management Staff

11, Executive Director, PHILVOCS

12, General Manager, Philippine Tourism Authority

13. President of the Mayors League

14, Representative, Aquaculture Investors

15, Representative, Tourism and Land Developers Sector

16, Representative, Agricultural Sector

17, Representative, Small Fisher Folks

‘The representatives from the sectors of aquaculture investors, tourism and land
developers and agriculture as well as the representative from the small fisher folk shall be
appointed by the President of the Philippines upon the recommendation of their respective
sectors/associations,

The officials designated by the above-mentioned officials shall attend meetings of the
Council in the absence of their principal and receive the corresponding per diems.

A Chairman, who shall be appointed by the President of the Philippines and shall have
a term of office of three (3) years.

SECTION 15.— Chairman, - The Chairman shall be the Chief Executive Officer of the
Authority and shall exercise overall administrative supervision to ensure the effective and
efficient implementation of the policies laid down by the Authority, The Chairman shall have
the rank and salary of an Undersecretary of a Department as provided for in the Salary
Standardization Law.

‘The Chairman shall have the

ICTION 16. — Powers and functions of the Chairman.
following powers and duties:

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

b. Execute and administer the pol
Council;

s, plans, programs and projects approved by the

¢. Direct and supervise the operation and internal administration of the Authority.
He/she may delegate some of his/her administrative responsibilities to other officers
of the Authority subject to the rules and regulations of the Council;

4d. Appoint all subordinate officers and employees who shall enjoy security of tenure
and may be removed for cause in accordance with law, He/she may engage the
services of experts/consultants either on full time or part-time basis, as may be
required in the performance of his/her functions and duti



€. Submit quarterly reports to the Council on personnel selection, placement and
training and exercise the power of to discipline subordinate officials and employees
under the provisions of law;

£, Submit to the Office of the President an annual report and such other reports as may
required, including the details of the annual and supplemental budgets of the
Authority; and

8. Perform such other functions as may provided by law.

SECTION 17. - Quorum, - A majority of the members of the Council shall constitute
a quorum for the conduct of business,

SECTION 18,~ Council Meetings. ~ The Council shall meet at least once a month. The

Council shall be convened by the Chairman or upon written request signed by the majority of
the members.

SECTION 19. ~Per diems and allowances. ~The members of the Council shall receive
for every meeting attended a per diem to be determined by the Council: Provided, That in no
case will the total amount received by each exceed the sum of Two Thousand Pesos (Php
2,000.00) for any one month. Members of the Council shall be entitled to commutable
transportation and representation allowance in the performance of official functions for the
Authority as authorized by the Council the aggregate amount of which shall not exceed Two
Thousand Pesos (Php 2,000.00) for any one-month.

SECTION 20. — Powers and functions of the Council. -

a. It shall formulate, prescribe, amend and repeal rules and regulations that govern the
conduct of business of the Authority;

b. It shall approve plans, programs and projects deemed necessary to carry out the
provisions of this Act.

It shall appoint and approve all officials from the rank of General Manager down to
division heads, and others of comparable rank;

d. It may increase the rate of allowances and per diems of the members of the Council
during the term of the succeeding Council, It shall fix the compensation of the
officers and members of the Authority;

€. Itshall approve the annual and/or supplemental budget of the Authority, and

f, It shall perform such other acts and perform such other functions as may be
necessary to carry out the provisions of this Act.

SECTION 21. ~ Plans to be formulated within one year. ~ Upon its organization, the
Council shall formulate and report to the Office of the President with the most utmost
expeditious manner, but in no case longer than one year, its plans and recommendations for the



accelerated, balanced and sustainable development of the Area in accordance with the aims and
purposes of this Act.

SECTION 22. ~ Activities of the Authority: Key Officials. — In carrying out the
activities of the Authority, the Chairman shall be assisted by a General Manager who shall have
following powers, duties and functions:

a. Assist the Chairman in the administration of the Authority and supervision of
subordinate personnel;

b, Assist the Chairman in the suspe
centers and units of the Authorit

ion of the operation of the various operating

¢. Assist the Chairman in the review of plans and programs of the Authority; and

d. Perform such other duties and functions as may be lawfully delegated or assigned
by the Chairman from time to time.

‘The Council upon the recommendation of the Chairman shall appoint the General
Manager.

The Authority shall have the following departments under the direct supervision and
control of the Chairman;

a, Administrative Department which shall be responsible for providing services
related to personnel, training, information technology, records, supplies, general
services, equipment and security;

b. A Legal Department, to be headed by a Legal Counsel, a member of the Philippine
Bar, shall represent the Authority in legal actions and proceedings. This department
shall be responsible for providing staff advice and assistance on legal matters;

¢. A Finance Department which shall be responsible for providing staff advice and
assistance on budgetary and financial matters, and safekeeping of corporate assets;

d. A Project Management Department which shall be responsible for the operation,
for providing services relating to planning, programming, statistics and project
development;

1g and Project Development Department which shall be responsible for
ling services relating to planning, programming, statistics and project
development; and

ngineering and Construction Department that shall be responsible for
iding services relating to detailed engineering plans and the construction and
maintenance of project facilities.

-10-


‘The Council may create such other department and positions as it may deem necessary
for the efficient, effective and economical conduct of the activities of the Authority. Each
department may be divided into divisions, which to be headed by a division head.

CHAPTER XII
PENAL AND CIVIL LIABILITY

SECTION 23. ~ Penalty and civil liability clause. ~ Any person, natural or juridical,
who shall violate any of the provisions of this Act or may rule or regulations promulgated by
the Authority pursuant thereto shall be liable for imprisonment of not more than three years or
toa fine not exceeding Ten Million Pesos (Php 10,000,000.00) or both at the discretion of the
court.

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

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

CHAPTER XU
MISCELLANEOUS PROVISIONS

SECTION 24. ~ Implementing Rules and Regulation
after the approval of his Act, issues the necessary rules
provisions of this Act.

¢ Council, within 120 days
nd regulations to implement the

SECTION 25. ~ Separability clause. ~The provisions of this Act are hereby declared
to be separable, and in the event any one or more of such provisions are held unconstitutional
or illegal, they shall not affect the validity of other provisions.

SECTION 26. ~ Repealing clause, ~ All laws, orders, rules aid regulations and other
issuances or parts thereof which are contrary or inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.

SECTION 27. = Effectivity clause. — This Act shall take effect after fifteen (15) days
following its complete publication in the Official Gazette or in at least two (2) newspapers of
general circulation.

APPROVED.

sate