EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES,

EXPLANATORY NOTE

This bill seeks to establish rivers, river systems, beaches and waterways as
ecological zones. One of the most critical ecological problems of the country is the
‘environmental degradation of rivers and waterways. The damage to rivers and waterways
has not only threatened public safety but has already exacted cost in human lives.

The problem goes beyond the issue of failure of implementation and enforcement of
environmental policies or laws because of lack of efficient land use policy and plan by

government.

Declaring and establishing rivers, river systems, beaches, shores, and like
waterways as ecological zones is a feasible measure towards the fulfillment of national land
use policy and planning in the Philippines. This will help realize the Constitutional mandate
of the State to "protect and advance the right of the people to a balanced and healthful
ecology.” (Section 16, Article II)

Approval of this bill s earnestly sought.

bz

ie B. RO!


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez _

1870

House Bill No.

AN ACT
DECLARING AND ESTABLISHING RIVERS, RIVER SYSTEMS, BEACHES, SHORES
AND WATERWAYS AS ECOLOGICAL ZONES, AND FOR OTHER PURPOSES

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

SECTION 1. Title. This Act shall be known as the “River Systems and Waterways Ecological
Zones Act’.

SEC. 2. Declaration of Policy. - It is hereby declared policy of the State to guarantee to the
people a balanced and healthful environment in full accord with the rhythm of nature.
Pursuant thereto, all rivers, river systems, beaches, shores and other, waterways are hereby
declared ecological zones subject to the full protection of the State.

SEC. 3. Definition of Terms. -

a. “River” shall refer as follows:
1) A “major” river has at least 1,400 kilometers of drainage area; and
2) A “principal” river has at least forty (40) square kilometers of drainage

b. “River system" is a network of channels naturally or artificially designed to drain
the whole catchment area into one outlet point, and this includes esteros, channels,
creeks, springs, brooks, storm drains, streams, tributaries and flood channels;

c. “Waterways” refer to other water channels not readily recognized as river, river
system, beach or shores but serve the same function as the latter as may be
determined by competent authority or by the appropriate government agency, i.e.
Department of Environment and Natural Resources (DENR);

4. “Environmentally degraded” means either of the following:
1) The water quality has deteriorated such that the dissolved oxygen
content (DOC) is zero; biochemical oxygen demand (BOD) is more than one-
hundred milligrams per liter (100 mg/l); presence of toxic substance or heavy
metals is above standards; or
2) Heavily silted or filled up by sediment; absence of surface water
flow; and erosion of river or waterway beds and banks.

@. “Environmental Impact Assessment (EIA)" - refers to the planning and decision-
making process which includes studies of the environment with impact of a project
including a discussion of the direct and indirect consequences upon human welfare
and ecological and environmental integrity. EIA should also include studies on the
alternatives to proposed projects.


f. “Environmental Impact Statement (EIS)" - refers to the document reflecting the
aims to identify, predict, interpret and communicate information regarding changes in
environmental quality associated with a proposed project, and the range of
alternatives for the objectives of the proposal and their impact on the environment.

g. “Statement of Environmental Consequence” - refers to a simpler or small scale
version of the Environmental Impact Statement (IES) system.

SEC. 4. Purposes. - The primary purposes of this Act are as follows:
a. To recognize and protect rivers and waterways as environmental resource critical
to the ecological dimension of the lives of the people;

b. To establish multi-use of rivers and waterways, provided such is within the bounds
of environmental protection and ecological balance;

. To legally equip the government in pursuing environmental protection objectives
and enforcing corresponding laws, rules and regulations; and

d. To establish the natural resource of rivers and waterways within the context of a
national land and resource planning and zoning, a long-awaited environmental
protection and efficient resource utilization measure.

SEC. 5. Environmental Protection System. All current or prospective modes of
‘occupancy, utilization or application of portions or surrounding areas of rivers, beaches,
shores, and waterways shall henceforth be subjected to the Environmental Impact
Assessment (EIA) and Environmental Impact Statement (EIS) Systems or Statement of
Environmental Consequences (SEC) for small scale or households endeavors as
determined by the Environmental Management Bureau (EMB) of the Department of
Environment and Natural Resources (DENR).

SEC. 6. Prohibited Acts. - It is hereby declared unlawful for any person, natural or juridical
to:
a. Dump solid, toxic and hazardous waste or untreated waste into the river system or
waterways;
b. Dump or throw domestic garbage into the river system or waterways;
c. Squat or appropriate banks or portion of rivers or waterways for private use or
gain, except as duly authorized or allowed for such reasonable easement of public
Use in the interest of recreation, navigation, floatage, fishing and salvage.
d. Fence off or encroach upon any river system or waterways or portions thereof, by
any means whatsoever, and convert the same into fishpens or other private or
commercial use, without the necessary environmental protection clearance, i.e.
ETA/ETS or SEC.
e. Aid or conspire by way of commission or negligence in the perpetration of above-
cited prohibited acts

SEC. 7. Penal Clause. Any person who violates any act herein prohibited shall be punished
by imprisonment of not less than six (6) years and one (1) day but not more than eight (8)
years, and a fine of not less than Ten Thousand Pesos (P10,000.00) but not more than
Twenty Thousand Pesos (P20,000.00): Provided, However, That in case of violation of this
Act by an association, club, partnership, cooperative, or corporation or other juridical entity,
the incumbent officers thereof who have knowingly participated in the violation shalll be held
liable: Provided, Further, That if the offender is a foreigner, he shall be immediately deported
and barred forever from entering the country after serving sentence and paying the fine:
Provided, Further, That if the offender is a government official or employee, he shall be
permanently barred from holding any public office, appointment or employment: Provided,
Finally, That the title, license, permit or lease held by the offender over the occupancy or use
of the portion of river system or waterway is automatically revoked



SEC. 8. Administration and Enforcement; Implementing Guidelines. -
The Secretary of the Department of Environment and Natural Resources (DENR) shall have
the primary responsibility for the administration and enforcement of this Act. It shall transmit
all cases for prosecution arising from violations of this Act to the proper authorities for
appropriate action.

The implementing guidelines, rules and regulations, programs, projects and activities
needed in pursuit of the provisions of the Act shall be promulgated and issued by the
Secretary of the DENR within ninety (90) days after the enactment of this Act.

SEC. 9. Appropriations. - The DENR shall make the necessary realignment of its existing
budget to accommodate the initial expenditures in pursuit of the provisions of this Act. In
succeeding years, such financial support from the government shall come from annual
appropriations.

SEC 10. Devolution. - The actual enforcement or implementation of the provisions of this
Act shall be devolved to the Local Government Units five (5) years after the effectively of this
Act. The DENR shall render the necessary operating policy, monitoring and evaluation, and
technical assistance.

SEC. 11. Repealing Clause. - Any law, decree, rule, regulation or other issuance or part
thereof inconsistent with the provisions of this Act is hereby repealed, amended or modified
accordingly.

SEC. 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication
in at least two (2) newspapers of general circulation.

Approved,