Republic of the ThiLippines
IIOUSE 0F REPRESIENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
Housem|No.790|
Introduced by Hen. Dan S. Fernander
EXPLANATORY NOTE
The Province of Laguna  is  one of the local  government  units  in the country  which
perennially  suffers from the onslaught of floods.  Inundations triggered by typhoons Paeng,
Milenyo,  Ondoy,  Yolanda  and  Odette  have  wrought  untold  destruction  to  property  and
misery among its people, not to mention countless loss of lives.
The  cities  of Santa  Rosa,  Binan  and  Sam  Pedro,  especially  those  areas  along  the
shoreline or by the lakeside, have sustained heavy losses due to recent typhoons. Thick mud,
accumulated garbage and other flotsam have flowed unmitigatingly from the upper portions
of the  province down to the  lake.  Up to  the  time  of the  filing  of this  bill,  more than  2-3
months  since  the  last  typhoon,  some  areas  are  still  flooded,  with  residents  still  living  in
temporary quarters or evacuation centers. Local government officials are left with no choice
but  to  continue  relief operations  since  it  will  still  take  at  least  a  few  months  before  the
conditions normalize.
There are shallow rivers and other water systems in the province which now require
immediate dredging, while impounding of rainfall  from upstream areas is also necessary to
prevent sudden cascading of flood waters to communities downstream. There is also the issue
of   "overdevelopment"    -    with    subdivision    development    not    being    monitored    or
counterchecked by the appropriate authorities. These sites sometimes impede the natural flow
of floodwater, hence, exacerbate the effects of these calamities.
According to the Laguna Lake Development Authority (LLDA), the Laguna Lake has
a depth of 2.5 meters and a shoreline of 220 kilometers, where almost 300,000 families live
and rely on that body of water for their means of livelihood.  This area, extending from Sam
Pedro up to Mabitac, including Taguig and RIzal, are now polluted and have been neglected,
necessitating immediate rehabilitation.
Assessment of the tributaries surrounding the lake show that most are silted, hence,
the need to identify immediate solutions, such as dredging and/or an impounding system.  It
must   be   noted   however  that   the   Laguna   de   Bay   itself,   once   properly   dredged   and
rehabilitated, could be tapped not only as floodwater reservoir or water basin, but is also vital
for  other  purposes  such  as,  source  of potable  water  supply,  for  fisheries,  transport  route,
power generation, recreation, and irrigation as well.


It is already known that the Philippines lies within the Pacific Typhoon Belt, and it is
already  foreseeable  that  our country  is  visited by  at least  20  typhoons  a year.  Hence,  we
cannot excuse the vicious cycle of damages incurred on the ground that these calamities are
"acts  of God"  which cannot be  prevented.  Neither should we  hide responsibility for these
disasters   on  the   simple   expedient   that   anyway,   Filipinos   are   a   resilient  people.   This
pontification about resiliency is sometimes used to shroud incompetence or as an excuse to
escape  inaction  or  lack  of  preparation.   We  need  pro-active,   and  not  merely  reactive,
interventions against these recurring calamities.  Multi-sectoral agreements and projects that
will  prevent  future  damages  could  also  be  exploted.   In   sum,  we  need  long-term  and
permanent solutions to this problem and not mere patchwork.
In view of all the foregoing, the approval of this bill, at the earliest possible time, is
earnestly recommended.
Lone District of Santa Rosa City


Republic of the PhiHppines
HOUSE 0F REPRESENTATIVES
Quezon City
NINETEENTH CONGRHSS
First Regular Session
HousemlNo.7901
Introduced by Hon. Dan S. Fermandez
AN ACT
HSTABLISHING A COMPREHENSIVE AND INTEGRATED FLOOD PRHVENTI0N,
CONTROL, DHFENSE AND MANAGEMENT SYSTEM FOR THE PROVINCE OF
LACUNA AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and the House of Representative in Congress assembled:
SHCTIor` 1. Title. -This ALct shall be krLo`wr\ as the "Comprehensive and Integrated Laguna Flood
Prevention, Control, Defe;ense and Management System"
SE:C. 2. Declaration Of poliay and Otyective. -1t shall be the pdicy of the State to..
(a)      Protect and advance the right of the people to a balanced and healthful ecology in accord
with the rh)thin and harmony of nature;
(b)      Protect and promote the right to health of the people and instill health consciousness alnong
our people to effectively carry out the programs and projects of the government essential for
the  growth  and  health  of the  nation,  especially  in  times  whei.e  the  country  experiences
natural or manmade disasters, calamities, risks and security threats;
(c)      Adopt  disaster risk  reduction  and management  approach  that is holistic,  comprehensive,
integrated  and  proactive  in  lessening  the  socioeconomic  and  envirormental  inpacts  of
disasters including climate changes,  and promote the involvement and participation  of all
sections and all stakeholders concerned, at all levels, especially the local community;
(d)      Recognize   and   strengthen   the   capacities   of   local   government   units   (LGUs)   and
communities in mitigating and preparing for, responding to, and recovering from the impact
of disasters;
(e)      Institutionalize   the   policies,   structures,   coordination   mechanisms   and  programs   with
continuing  budget  appropriation  on  disaster  risk  reduction  from  national  down  to  local
levels towards building a disaster-resilient nation and communities;
Towards this end, this Act aims to establishing a comprehensive and integrated flood prevention,
control, defense and management system in the Province of Lnguna to mitigate flooding caused
by climate change and other factors.
SEIC. 3. Flood Control, Itevention, Management and Dofense System. -Tt\e Dapa"eJut Of P`Ibha
Works and Highways (DPWH), in coordination and consultation with the Deparment of Environment
and  Natural  Resources  (DENR),  Department  of Local  and  Interior  Government  (DILG),  National


Disaster  Risk  Reduction  and  Management  Council  (NDRRMC),  the  Laguna  Lake  Development
Authority (LLDA), local goverrment units within the Province of Laguna, and accredited civil society
groups and indigenous peoples groups and/or communities representing residents of the Province of
Laguna, shall conduct scientific and engineering studies about the flooding situation in the province.
On  the  basis  of  its  technical  and  engineering  studies,  the  DPWII  shall  undertake  the
construction  of a  flood  prevention,  control,  defense  and  management  rystem  in  the  Province  of
Laguna, which shall include but not necessarily limited to the following:
(a)  the cleaning, dredgiiig, clearing and rehabilitation of the Laguna de Bay and other heavily
silted bodies of water in the province, including the removal of illegal structures;
(b)  the construction of rainwater impounding facilities in appropriate places;
(c)  the rehabilitation of other flood-prone land and water features of the province; and
(d)  the  setting-up  of  state-of-the-art  flood  prevention,  control,  defense  and  management
Systems
SEC.  4.  aper¢tr.#g ¢#d Gwi.di.#g ffro.„ci.p/e^f -  In establishing the Laguna flood prevention,  control,
defense   and   management   system,   the   DPWII,   in   coordination   and   consultation   with   the
aforementioned  government  agencies,   local  goverrment  units  and  civil  society  and  indigenous
peoples group, shall adhere to the following principles of safety, resilience and sustainability.
As  far as practicable,  the  Laguna flood prevention,  control,  defense  and management  system  shall
secure the residents of Laguna from floods while -
(i)       ensuring the residents' access to adequate, affordable and safe housing and resettlement;
(ii)     providing  residents  access  to   safe,   affordable,   accessible,   ecofriendly   and  sustainable
transport systems and improving road safety;
(iii)    enhancing inclusive, ecofiiendly and sustainable urbanization;
(iv)    protecting and safeguarding the cultural and natural heritage of the province in a manner
consistent with Republic Act No.  10066 ("National Cultural Heritage Act of 2009");
(v)     significantly reducing the number of deaths and the number of people affected by floods
and water-related disasters;
(vi)    substantially  decreasing  the  direct  economic  losses  caused  by  flood  and  water-related
disasters, with a focus on protecting the poor and people in vulnerable situations;
(vii)   supporting positive  economic,  social  and environmental  links between  urban,  pch-urban
and rural areas by strengthening national and regional development planning;
(viii)  supporting  local  government  units  and  indigenous  communities  within  the  Province  of
Laguna, through financial and technical assistance, in building sustainable, ecofuendly and
resilient flood prevention, control and defense infrastructures ; and
(ix)    Respecting   the   rights   of  the   indigenous   peoples   communities   to   their   ancestral
domains/lands,  to  free  and prior consent,  to  indigenous knowledge  systems and political
structures,  and  such  other rights  as provided under Republic  Act No.  8371  ("Indigenous
Peoples'  Rights Act of 1997")  where  infrastructiire projects  of the DPWH  undertaken  to
give effect to this shall directly or indirectly affect or involve areas inhabited by indigenous
peoples/communities.
SEC. 5. Fw#di.„g.  - The amount needed for the implementation  of the construction of the Lnguna


flood prevention, control, defense and management system shall be included in the appropriations of
the DPWI-I under the General Appropriations Act.  Such funds may be augmented through loans,  in
accordance with the provisions of the law on government borrowing from financial instrfutions.
This project may also be funded through a Public-Private Partnership in accordance with laws, rules
and regulations governing such pamerships.
SEC. 6. Swbmi.ssl.o# a/Reporrs.  -Within ninety (90) days after the approval of this Act, and at the
end of every calendar quarter thereafter, the Secretary of Public Works and Highways shall  submit
progress reports to each House of congress on the implementation of this Act.
SEC. 7. Sepdrrabf./rty C7¢«se  -If any provision of this Act is deelared invalid, the remainder of this
Act or any provision not affected thereby shall remain in force and effect.
SHC. 8. Repca/c.#g CJ¢ws'e  - All laws, presidential decrees, executive orders and their implementing
rules,  inconsistent  with  the  provisions  of  this  Act  are  hereby  repealed,   amended  or  modified
accordingly.
SEC. 9. Ejgrect.vrty.  -This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in one (1) national newspapers of general circulation.
Approved,