5 as

‘’ RECEIVED ©
2 CATE: Aug_04 ni
TESTE é
_ by: OS

Semper

Hy)

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 7256

Introduced by HON. CARLITO S. MARQUEZ

EXPLANATORY NOTE

This bill seeks to formulate the Boracay Island Development
Authority (BIDA) that would conduct the zone-wide responses to the
problems and difficulties that plagued the island paradise and its
nearby frontier. Consistent with the policy thrust of the President
Rodrigo Roa Duterte as espoused during his SONA 2020 last July 27,
2020 and as advocated through Executive Orders No. 53 and 115
that were issued last April and May 2018 that decreed a 6-month
closure of the island for tourists to undertake major renovation
works, especially of the sewerage system, which had become obsolete
and insufficient and previously reverberated and underlined during
the 34 SONA of the President for an urgent need to enhance
efficiency, effectiveness, transparency, accountability, credibility,
and responsiveness in bringing back to its glory days the beauty and
charm of the island paradise.

Boracay Island, being a world-famous beach destination in the
Philippines which contributes immensely to the socio-economic
growth of the country, is a vital national asset and a source of
national pride. However, experts say that years of indiscriminate and
haphazard development have led to ecological dilapidation,
unrelenting pollution and the depletion and destruction of the
island's biodiversity.

Section 3 (i), Chapter 1, Title I, Book 1 of Republic Act No. 7160,
as amended or the Local Government Code of 1991 provides that the
local government shall share with the national government the
responsibility in the management and maintenance of ecological


balance within their territorial jurisdiction. With the recent
temporary closure of the island due to said concerns and other
pressing problems, it is high time to address these predicaments and
quandaries. Indeed, extraordinary riddles should be resolved also
through peculiar solutions. Barangay Caticlan, which is the jump-
off locus in going to Boracay should, likewise, be integrated in the
discussion. It is high time that Caticlan be included in the
development, being the frontier in going to Boracay Island.

The concerns surrounding the enhancement of Boracay Island
and nearby Caticlan are no longer a purely local matter but a national
trepidation that require concerted national and local cooperation and
synchronization of plans and programs.

There is a need to re-establish an enhanced inter-agency or
development authority which will formulate, implement, and oversee
policies, as well as strictly enforce national laws and local ordinances,
to ensure the rehabilitation and ecological sustainability of Boracay
Island and nearby Caticlan.

The role of the BIDA is to assist the four (4) political units in
crafting and implementing an integrated development plan
characterized by unity of purpose, innovation, resiliency,
sustainability, adaptability and creativity in meeting the challenges
of tourism upsurge, transport decongestion, climate change, waste
management, and disaster prevention among others, in order to
achieve a decent quality of life for the people of Boracay and Caticlan.
The zone-wide services under the jurisdiction of the BIDA are those
services which have zone-wide impact and transcend local political
boundaries or entail huge expenditures such that it would not be
viable for said services to be provided by the individual Local
Government Units (LGUs) comprising Boracay island and that of
Barangay Caticlan.

Rest assured that this proposed measure does not grant the
BIDA with police power, let alone legislative power, and that all its
functions are only administrative in nature. The BDA is not a local
government unit or a public corporation endowed with legislative
power, it has no power to enact ordinances for the welfare of the
community.


With the passage of this bill into law, Boracay and Caticlan
would be declared as a “special development and administrative
zone” and the administration of “island-wide” basic services affecting
the zone placed under “a development authority” referred to as the
BIDA.

The powers of the BIDA are limited to the following acts:
formulation, coordination, regulation, implementation, preparation,
management, monitoring, setting of policies, installation of a system
and administration. Again, we should emphasize that there is no
syllable in this bill that grants the BIDA police power, let alone
legislative power. Even the Boracay Island Development Council has
not been delegated any legislative power. The BIDA is, as termed in
its charter itself, a “development authority.” It is an agency created
for the purpose of laying down policies and coordinating with the
various national government agencies, people’s organizations, non-
governmental organizations and the private sector for the efficient
and expeditious delivery of basic services in the vast tourism island.

We underscore that all its functions are administrative in
nature, without diminution of the autonomy of the local government
units concerning purely local matters.

Lastly, this proposed measure aims to regain the lost glory of
the island paradise and put once again in the world tourism radar.

For the foregoing reason, immediate passage of this bill is
urgently sought and be certified as urgent in the legislative agenda.

Dra

HON. CARLITO S. MARQUEZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 7258

Introduced by HON. CARLITO “Lito” S. MARQUEZ

AN ACT
CREATING THE BORACAY ISLAND DEVELOPMENT
AUTHORITY, DEFINING ITS POWERS AND FUNCTIONS,
PROVIDING FUNDS THEREFOR AND OTHER PURPOSES

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

Section 1. Declaration of Policy. — It is hereby declared to be
the policy of the State to treat Boracay Island and Caticlan as a
special development and tourism zone and certain basic services
affecting or involving Boracay and Caticlan as a zone-wide services
more efficiently and effectively planned, supervised and coordinated
by a development authority as created herein, without prejudice to
the autonomy of the affected local government units.

Pursuant to this policy, Boracay Island and Caticlan which is
composed of four (4) barangays in the Municipality of Malay, Province
of Aklan that was created by virtue of RA 381, embracing the
barangays of Manoc-Manoc, Balabag, Yapak and Caticlan, is hereby
constituted into a special development and tourism zone, subject to
direct supervision of the President of the Philippines.

Section 2. Creation of the Boracay Island Development
Authority (BIDA). - The affairs of Boracay and Caticlan shall be
administered by the Boracay Island Development Authority,
hereinafter referred to as the BIDA.


The BIDA shall perform planning, monitoring and coordinative
functions, and in the process exercise regulatory and supervisory
authority over the delivery of zone-wide services within Boracay
island and Caticlan without diminution of the autonomy of the local
government units concerning purely local matters.

Section 3. Scope of BIDA Services. — Zone-wide services under
the jurisdiction of the BIDA are those services which have zone-wide
impact and transcend local political boundaries or entail huge
expenditures such that it would not be viable for said services to be
provided by the individual local government units (LGUs) comprising
Boracay and Caticlan. These services shall include:

(a) Development planning which includes the preparation of
medium and long-term development plans, the development,
evaluation and packaging of projects, investments programming; and
coordination and monitoring of plan, program and _ project
implementation.

(b) Transport and traffic management which include the
formulation, coordination, and monitoring of policies, standards,
programs and projects to rationalize the existing transport
operations, infrastructure requirements, the use of thoroughfares,
and promotions of sale and convenient movement of persons and
goods; provision for the airport and ferry transport system and the
institution of a system to regulate airport/port and road users;
administration and implementation of all traffic enforcement
operations, traffic engineering services and traffic education
programs, including the limited supervision of the single ticketing
system for persons who enter and leave the island of Boracay which
is solely dispensed and governed by the Provincial Government of
Aklan as expressed through local ordinances.

(c) Solid waste disposal and management which include
formulation and implementation of policies, standards, programs
and projects for proper and sanitary waste disposal. It shall likewise
include the establishment and operation of sanitary land fill and
related facilities and the implementation of other alternative
programs intended to reduce, reuse and recycle solid waste.

(d) Flood control and sewerage management which include the
formulation and implementation of policies, standards programs and
projects for an integrated flood control, drainage and sewerage
system.


(e) Urban renewal, zoning, and land use planning, and shelter
services which include the formulation, adoption and
implementation of policies, standards, rules and regulations,
programs and projects to rationalize and optimize urban land use
and provide direction to urban growth and expansion, the
rehabilitation and development of slum and blighted areas, the
development of shelter and housing facilities and the provision of
necessary social services thereof and the rehabilitation of wetlands
in the island.

(f) Health and sanitation, urban protection and pollution control
which include the formulation and implementation of policies, rules
and regulations, standards, programs and projects for the promotion
and safeguarding of the health and sanitation of the region and for
the enhancement of ecological balance and the prevention, control
and abatement of environmental pollution.

(g) Public safety which includes the formulation and
implementation of programs and policies and procedures to achieve
public safety, especially preparedness for preventive or rescue
operations during times of calamities and disasters such as
conflagrations, earthquakes, flood and tidal waves, and coordination
and mobilization of resources and the implementation of contingency
plans for the rehabilitation and relief operations in coordination with
national agencies concerned.

(h) Tourism which also includes the formulation and
implementation of integrated domestic and international promotions
and marketing programs of Boracay and including Caticlan, as a
major global tourism destination, highlighting the uniqueness and
assisting the development of its tourism products and services, with
the end in view of increasing tourist arrivals and tourism investment
without compromising the ecological balance of the island.

Section 4. Boracay Island Development Council. - The
governing board and policy-making body of the BIDA shall be the
Boracay Island Development Council, composed of the Chairman, the
Governor of Aklan, the Mayor of the Municipality of Malay, the
Barangay Chairmen of Barangays Manoc-Manoc, Balabag, Yapak
and Caticlan in the Municipality of Malay, and the President of the
Boracay Foundation, Incorporated (BFI), the President of the
Philippine Chamber of Commerce and Industry-Boracay (PCCI
Boracay) and two (2) representatives from non-governmental
organizations (NGOs) concerning Boracay Island.


Likewise, the heads of the Department of Tourism (DOT),
Department of Environment and Natural Resources (DENR),
Department of Public Works and Highways (DPWH), Department of
the Interior and Local Government (DILG), Department of
Transportation (DOTr), Department of Budget and Management
(DBM), Housing and Urban Development Coordinating Committee
(HUDQ), and Philippine National Police (PNP) or their duly authorized
representatives are also members of the Council, but will attend
meetings of the Council as non-voting members.

The Council shall be headed by the Chairman, who shall be
appointed by the President and who shall continue to hold office at
the discretion of the appointing authority. He shall be vested with
rank, rights, privileges, disqualifications, and prohibitions of a
cabinet member.

The Chairman shall be assisted by a General Manager, an
Assistant General Manager for Finance and Administration, an
Assistant General Manager for Planning and Assistant General
Manager for Operations, all of whom shall be appointed by the
President with the consent and concurrence of the majority of the
members of the Council, subject to civil service laws, rules and
regulations. They will enjoy security of tenure and may be removed
for cause in accordance with law.

The General Manager shall continue to hold office at the
discretion of the appointing authority. He shall be vested with rank,
rights, privileges, disqualifications, and prohibitions of a cabinet
member.

The Assistant General Manager for Planning must have not less
than five (5) years extensive experience in development and planning
or must hold a Master’s degree in urban planning or scholar
disciplines.

The Chairman and members of the Council shall be entitled to
allowance and per diems in accordance with existing policies, rules
and regulations on the matter.

Section 5. Functions and Powers of the Boracay Island
Development Authority. —- The BIDA shall:

(a) Formulate, coordinate and regulate the implementation
medium and long- term plans and programs for the delivery of zone-
wide services, land use and physical development within Boracay
island and Caticlan, consistent with national development objectives
and priorities, in furtherance to the objectives of EOs 53 and 115,
series of 2018;


(b) Prepare, coordinate and regulate, the implementation of
medium-term investment programs for zone-wide services which
shall indicate sources and uses of funds for priority programs and
projects, and which shall include the packaging of projects and
presentation of funding institutions;

(c) Undertake and manage on its own zone-wide programs and
projects for the delivery of specific services under its jurisdiction,
subject to the approval of the Council. For this purpose, Boracay and
Caticlan can create appropriate project management offices;

(d) Coordinate and monitor the implementation of such action
plans, programs and projects in Boracay and Caticlan; identify
bottlenecks and adopt solutions to problems of implementation;

(e) The BIDA shall set policies concerning traffic in Boracay and
Caticlan and shall coordinate and regulate the implementation of all
programs and projects concerning traffic management, specifically
pertaining to enforcement, engineering and education. Upon request,
it shall be extended assistance and cooperation, including but not
limited to, assignment of personnel, by all other government agencies
and offices concerned;

(f) Administer the Caticlan Airport and only supervise the single
ticketing system for the jetty port at Caticlan which is solely
administered and regulated by the Provincial Government of Aklan
and the Municipality of Malay; fix, impose and collect fines and
penalties for all kinds of violations of traffic rules and regulations,
whether moving or non-moving in nature, and confiscate and
suspend or revoke driver’s licenses in the enforcement of such traffic
laws and regulations, the provisions of RA 4136 to the contrary
notwithstanding. For this purpose, The Authority shall enforce all
traffic laws and regulations in Boracay and Caticlan, through its
traffic operation center, and may deputize members of the PNP, traffic
enforcers of local government units, duly licensed security guards, or
members of non-governmental organization to whom may be
delegated certain authority, subject to such conditions and
requirements as the Authority may impose;

(g) Advertise and promote the island and its nearby Barangay
Caticlan domestically and internationally as a major global tourism
destination, highlighting the uniqueness and assisting the
development of its tourism products and services, with the end in
view of increasing tourist arrivals and tourism investments with the
primordial aim of conserving its ecological primitiveness and balance;
and


(h) Perform other related functions required to achieve the
objectives of the BIDA, including the undertaking of delivery of basic
services to the local government units or the four (4) barangays
therein, when deemed necessary subject to prior coordination with
and consent of the local government units concerned.

Section 6. Functions of the Boracay Island Development
Council. - (a) The Council shall be the policy-making body of the
BIDA.

(b) It shall approve zone-wide plans, programs and projects and
issue rules and regulations deemed necessary by the BIDA to carry
out the purposes of this Act.

(c) It may increase the rate of allowances and per diems of the
members of the Council to be affective during the term of the
succeeding Council. It shall fix the compensation of the officers and
personnel of the BIDA and approve the annual budget thereof for
submission to the Department of Budget and Management (DBM).

(d) It shall promulgate rules and regulations and set policies
and standards for-wide application governing the delivery of basic
services, prescribe and collect service and regulatory fees, and
impose and collect fines and penalties.

Section 7. Functions of the Chairman. - The Chairman shall:

(a) Appoint, subject to civil service laws, rules and regulations,
all subordinate officers and employees, who shall enjoy security of
tenure and may be removed only for cause in accordance with law.
The chairman is hereby authorized to engage the services of
experts/consultants either on full time or part-time basis, as may be
required in the performance of his functions and duties as may be
determined by him;

(b) Execute the policies and measures approved by the Boracay
Island Development Council and be responsible for the efficient and
effective day-to-day management of the operations of the BIDA;

(c) Prepare the annual budget for the operations of the BIDA for
the submission to the Council;

(d) Submit for consideration of the Council such other duties
and measures as he may deem necessary to carry out the purposes
and provisions of this Act;


(e) Subject to the guidelines and policies set by the Council, are
the staffing pattern and fix the number of subordinate officials and
employees of the BIDA; and exercise the power to discipline
subordinate officials and employees under the provisions of law;

(f) Prepare an annual report on the accomplishments of the
BIDA at the close of each calendar year for submission to the Council
and to the President of the Philippines; and

(g) Perform such other duties as may be assigned to him by the
President or by the Council.

Section 8. Functions of the General Manager. — The General
Manager shall:

(a) Assist the Chairman in the administration of the BIDA and
supervision of subordinate personnel;

(b) Assist the Chairman in the supervision of the operation of
the various operating centers and units of BIDA;

(c) Assist the Chairman in the review of plans and programs for
the BIDA and for Boracay and Caticlan in the preparation of the
annual report of activities and accomplishments of the BIDA; and

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

Section 9. Institutional Linkages of the BIDA. - The BIDA
shall, in carrying out its functions, consult, coordinate and work
closely with the LGUs, the National Economic and Development
Authority (NEDA) and other national government agencies mentioned
in Section 4 hereof, and accredited people’s organization (POs), non-
governmental organizations (NGOs), and the private sector operating
in Boracay and Caticlan. The BIDA Chairman or his authorized
representative from among the Council members, shall be ex-officio
member of the boards of government corporations and committees of
the departments and offices of government whose activities are
relevant to the objectives and responsibilities of the BIDA which shall
include but not limited to DOT, DENR, DPWH, DOTr, PNP, and
Department of the Interior and Local Government (DILG) and the
Boracay Waterworks and Sewerage System.

The BIDA shall have a master plan that shall serve as the
framework for the local development plans of the component LGUs.


The BIDA shall submit its development plans and investments
programs to the NEDA for integration into the Medium-Term
Philippine Development Plan (MTPDD) and public investment
program.

The implementation of the BIDA’s plans, programs, and projects
shall be undertaken by the LGUs, the concerned national
governments agencies, the POs, NGOs and the private sector and the
BIDA itself where appropriate. For this purpose, the BIDA may enter
into contracts, memoranda of agreement and other cooperative
agreements with these bodies for the delivery of the required services
within Boracay island and Caticlan.

The BIDA shall, in coordination with the NEDA and the
Department of Finance, interface with the foreign, assistance
agencies for purposes of obtaining financing support, grants and
donations in support of its programs and projects.

Section 10. Sources of Funds and the Operating Budget of
BIDA:

(a) To carry out the purposes of this Act, the amount of Two
Billion Pesos (P2,000,000,000) is hereby authorized to be
appropriated for the initial operation of the BIDA. Thereafter, the
annual expenditures including capital outlays of the BIDA shall be
provided in the General Appropriations Act.

(b) The three (3) barangays of Boracay island and Caticlan shall
continue to receive the Internal Revenue Allotment (IRA) currently
allocated to them.

(c) The BIDA is likewise empowered to levy, fine and impose fees
and charges for various services rendered.

(d) Five percent (5%) of the total annual gross revenue of the
preceding year, net of the internal revenue allotment, of each local
government unit mentioned in Section 2 hereof, shall accrue and
become payable monthly to the BIDA by each barangay. In case of
failure to remit the said fixed contribution, the DBM shall cause the
disbursement of the same to BIDA chargeable against the IRA
allotment of the barangay concerned, the provisions of Section 286
of RA 7160 to the contrary notwithstanding.


Section 11. Reportorial Requirement. - The Council shall
publish an annual report on its accomplishments to Congress,
aligned with its key thematic areas of the Boracay and Caticlan
Action Plan, including the plans and projects implemented and the
total budget utilized.

Section 12. Transitory Provisions. - To prevent disruption in
the delivery of basic island services pending the full implementation
of the BIDA’s organizational structure and staffing pattern, all
officials and employees of the four (4) barangays concerned and all
agencies covered herein shall continue to exercise their duties and
functions and receive their salaries and allowances, except for certain
personnel who shall have been given notice of change of duties and
functions, and of being transferred to another office or position.

Subject to the conditions that may be established by the
Department of Budget and Management, Office of the President, and
Commission on Audit, all assets and properties presently in use or
under the accountability of the local government units (4 barangays
concerned) and all its obligations, indebtedness, or liabilities which
are not purely for local matter, functions and operations shall be
transferred to and assumed by the BIDA created under this Act,

The civil service laws, rules and regulations pertinent to the
displacement of personnel affected by this Act shall be strictly
enforced. The national government shall provide such amounts as
may be necessary to pay the benefits accruing to displaced employees
at the rate of one and one-fourth (1 14) month’s salary for every year
of service: Provided, That, if qualified for retirement under existing
retirement laws, said employees may opt to receive the benefits
thereunder.

Section 13. Repealing Clause. - All other laws, decrees
executive order, rules and regulations, or parts or provisions thereof
which are not affected shall continue to remain in full force and effect.

Section 14. Separability Clause. — If any part or provision of
this Act is held unconstitutional or invalid, other parts or provisions
thereof which are not affected shall continue to remain in full force
and effect.


Section 15. Effectivity. - This Act shall take effect fifteen (15)
days following completion of its publication in at least two (2)
newspapers of general circulation.

Approved,