NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
S.B. No
SENATE
1C47
fell ®riwlf
of tl)f £5 : rrrtnrj'
*22 NOV 24 P2 ^7
RECEIVED BV;
Introduced by SENATOR IMEE R. MARCOS
AN ACT CREATING THE ABRA RIVER BASIN DEVELOPMENT AUTHORITY, 
PRESCRIBING ITS POWERS AND FUNCTIONS AND APPROPRIATING
FUNDS THEREFOR
EXPLANATORY NOTE
Section 1, Article XII of the 1987 Constitution provides that, "The goals of the 
national economy are a more equitable distribution of opportunities, income, and 
wealth; a sustained increase in the amount of goods and services produced by the 
nation for the benefit of the people; and an expanding productivity as the key to 
raising the quality of life for all, especially the underprivileged."
Section 1(3) of the same article further provides that "In the pursuit of these 
goals, all sectors of the economy and all regions of the country shall be given optimum 
opportunity to develop. Private enterprises, including corporations, cooperatives, and 
similar collective organizations, shall be encouraged to broaden the base of their 
ownership."
The International Encyclopedia of Human Geography states that river basin 
development in the early and mid-twentieth century was underpinned by an 
unquestioned faith in the ability and right of humankind to control and alter nature for 
its own benefit. Power over a river basin ecosystem was associated with human 
progress and celebrated as a symbol of national development.
According to the Department of Environment and Natural Resources (DENR), the 
River Basin Control Office (RBCO) identified 18 major river basins located all over the 
country which have become the lifeblood and driver of Philippine economy in many 
parts of the country. Among these major river basins is the Abra River Basin.
The Abra River Basin is the 6th largest basin in the Philippines with an estimated 
drainage area of 5,125 km2 and the main river has a length of about 198 km. The 
river basin covers the provinces of Abra, Ilocos Sur, Mountain Province and Benguet.


The Abra River System is one of the longest rivers in Northern Luzon and serves 
as a primary source of economic and social benefits. However, due to insurmountable 
human activities conducted within the premises of the river, together with population 
growth, urbanization, and technology advancement, the sustaining capacity of the 
river nowadays had been under stressful conditions. As such, it is but fitting for the 
government to step up to the mandate of the Constitution and sustain, preserve and 
conserve the Abra River Basin in order to enable both the present and future 
generations to benefit economically and socially.
This bill seeks to seeks to regulate commercial and residential activities affecting 
the Abra River and ensure that the discharges do not exceed the allowable established 
limits for the river's natural waste assimilation capacity. This bill also includes the 
participation of the private sector as members of the board of directors.
The bill provides for the long-term Abra River Rehabilitation Roadmap and Master 
Plan which aims to ensure that the people are well guided in all sorts of developments 
while still maintaining the livability of the nearby communities.
In view of the foregoing, the expeditious passage of this bill is earnestly sought.
IMEFR. MARCOS


NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
S.B. No. 1547
0( iliC ■'
*22 NOV 24 P2 *.47
received by.
Introduced by SENATOR IMEE R. MARCOS
AN ACT CREATING THE ABRA RIVER BASIN DEVELOPMENT AUTHORITY, 
PRESCRIBING ITS POWERS AND FUNCTIONSAND APPROPRIATING
FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
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SECTION 1. Short Title. - This Act shall be known as the "Abra River Basin
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Development Authority Act."
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SEC. 2. Declaration of Principles and Policies. - It is the policy of the State to
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protect and advance the right of the people to a balanced and healthful ecology in
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accord with the rhythm and harmony of nature. Toward this end, the State shall
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pursue a policy of sustainable economic growth in a manner consistent with the
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protection, preservation and revival of the quality of our river systems.
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Toward this end, the State shall pursue a policy of sustainable economic growth
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in a manner consistent with protection, preservation and revival of our river systems
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including the Abra River. It shall likewise ensure the implementation, management
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and oversight of the adoption of necessary measures and programs on flood control
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and drainage system in all the river systems connected to the Abra River Basin System
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to eliminate the adverse effects of typhoons and floods during rainy season and
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protect its ecology from pollution caused by mining and various industrial activities in
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the area.
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SEC. 3. Definition of Terms. - As used in this Act:
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(a) Discharge includes the act of spilling, leaking, pumping, pouring,
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emitting, emptying, releasing or dumping of any material into a water
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body or onto land from which it might flow or drain into the water;
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(b) Effluent refers to sewage passed into a body of water or land or industrial
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waste or wastewater flowing out of a manufacturing plant, industrial


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plant and domestic household including commercial and recreational 
facilities;
(c) 
Geographic Information System (CIS) Mapping refers to computerized 
data management system to capture, store, manage, retrieve, analyze, 
and display spatial information in which data are geo-referenced to the 
coordinates of a particular projection system which allows precise 
placement of features on the earth's surface and maintains the spatial 
relationships between mapped features such as slope, soils, 
hydrography, bathymetry, demography, wetlands and land use which 
can be combined to develop maps suitable for regulatory and planning 
decisions;
(d) 
Hazardous waste refers to solid waste or combination of solid waste 
which, because of its quantity, concentration, or physical, chemical or 
infectious characteristic, may cause or significantly contribute to an 
increase in mortality or an increase in serious irreversible or 
incapacitating illness, or pose a substantial present or potential hazard 
to human health or the environment when improperly treated, stored, 
transported or disposed of or otherwise managed; and
(e) 
Land swapping refers to the process of land acquisition by exchanging 
land for another piece of land of equal value or for shares of stock in a 
government or quasi-government corporation whose book value is of 
equal value to the land being exchanged, for the purpose of planned and 
rational development such as provision for wastewater treatment 
facilities and socialized housing where land values are determined based 
on land classification, market value and assessed value taken from 
existing tax declarations and wherein valuable lands owned by private 
persons may be exchanged with less valuable lands.
SEC. 4. Abra River Basin Development Authority. - There shall be created under 
the Office of the President, an independent regulatory body possessing corporate 
attributes with quasi-judicial and quasi-legislative powers to be known as the Abra 
River Basin Development Authority, hereinafter referred to as the "Authority." The 
Authority shall be the primary government agency that shall coordinate, plan, manage 
and implement the development programs and resource utilization in the Abra River 
Basin System. The Authority shall execute the powers and functions vested and 
conferred by this Act.
The Abra River Basin System consists of all barangays located along the Abra 
River, Tineg River and its tributaries and areas adjacent to them in the Provinces of 
Abra, Benguet and Ilocos Sur that drain to or branch out from the Abra River and the 
industrial, commercial, business, residential, recreational and other private and public


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areas contiguous to the environmental preservation areas, as may be determined by 
the Authority.
SEC. 5. General Policies. -In the exercise of its powers and duties, the Authority 
shall be guided by the following policies:
(a) 
The rehabilitation and sustainable development of the Abra River Basin 
System shall be given due importance to preserve, protect and develop 
Abra River's ecological balance;
(b) 
The preparation, development and implementation of a comprehensive 
and detailed 25-year Abra River Rehabilitation Roadmap and Master Plan 
based on the framework of sustainable water management shall be 
prioritized in consultation and coordination with the local government 
units (LCDs), Department of Environment and Natural Resources 
(DENR), Department of Interior and Local Government (DILG), 
Department of Public Works and Highways (DPWH), National Economic 
Development Authoritv (NEDA) and other appropriate government 
agencies and stakeholders;
(c) 
Consistent with the 25-year Abra River Rehabilitation Roadmap and 
Master Plan, the implementation of short and medium-term programs, 
activities and projects to attain the objectives of this Act shall be 
prioritized, which is, among others, to transform and upgrade the water 
quality of the Abra River Basin System to Class B water quality 
classification;
(d) 
Mining laws and regulations, including Republic Act No. 7492, otherwise 
known as the "Philippine Mining Act of 1995" and Executive Order No. 
79, Series of 2012, among others, shall be implemented to regulate 
commercial, industrial and similar activities in areas along Abra River and 
its major tributaries;
(e) 
Participation and role of the LGUs specifically the barangays in the 
implementation and enforcement of existing environmental laws such as 
Republic Act No. 9275, otherwise known as the "Clean Water Act of 
2004" and Republic Act No. 9003, otherwise known as the "Ecological 
Solid Waste Management Act of 2000," shall be strengthened to renew 
the ecology of the Abra River;
(f) 
Participation of the private sector and civil society organizations in 
transtorming the Abra River Basin System into a conducive environment 
for recreation, business and other productive uses shall be encouraged 
through private sector-driven and cleaner technology-based investments 
in ecosystem development;


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(g) 
Planning, programming, social preparation and adjustment, relocation or 
resettlement of the population from the declared environmental 
preservation areas (KPAs) of the Abra River Basin System shall be 
implemented in coordination with appropriate government agencies and 
LGUs to ensure that relocation and resettiement areas have permanent 
access to adequate basic social services and livelihood opportunities; and
(h) 
Massive information and education campaign shall be conducted to 
amplify stakeholder awareness and voluntary participation on the 
importance of environmental restoration, rehabilitation, protection and 
conservation of the Abra River Basin System in close coordination with 
LGUs and other government agencies.
SEC. 6. Powers and Functions. - The Authority shall exercise the following 
powers and functions:
(a) 
Work closely with the DENR, DPWH, National Irrigation Administration 
(NLA), Department of Agriculture (DA), and the Provincial Government 
of Abra to ensure the provision for adequate, dependable and reliable 
wastewater treatment facilities and sewerage systems in all their 
authorized service areas, particularly, in the unserved and under-served 
communities and barangays within the Abra River Basin system;
(b) 
Periodically conduct comprehensive scientific surveys, studies, field 
sampling and laboratory testing, and GIS-mapping of the Abra River 
Basin System, in coordination with the Department of Science and 
Technology (DOST), DENR-Environmental Management Bureau (EMB), 
and National Mapping and Resource information Authority (NAMRIA) to 
monitor, evaluate, update and analyze among others, the physical, 
biological, chemical, hydrologic, bathymetric and hydrographic 
characteristics including socio-economic profile of the stakeholders, 
trade, industrial and commercial profile, status of the national 
government agency and LGU programs and projects, biometric tagging 
and identification of informal settlers, parcellary land use and zoning 
aspects, mapping of critical effluent discharge areas, and transportation 
and navigation attributes, historical and tourism elements;
(c) 
Engage the services of the private sector through the Public-Private 
Partnership (PPP) process or through the Built Operate and Transfer 
(BOT) Scheme under Republic Act No. 6957, entitled "An Act Authorizing 
the Financing Construction, Operation and Maintenance of Infrastructure 
Project by the Private Sector, and For Other Purposes," or other 
acceptable forms of partnership and agreements in establishing its own 
water quality laboratory, environmental, biological and microbiological 
laboratory, GIS-mapping system, surveillance, monitoring and


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enforcement system through high-definition closed circuit televisions or 
other surveillance and monitoring technologies and new technologies on 
highly-specialized fields including sewerage and sewage treatment 
systems which require the expertise and investment of the private 
sector;
(d) 
Engage in land swapping in securing relocation and resettlement areas, 
and in sludge or contaminated sediment disposal and treatment sites 
whenever necessary, whether by itself or in cooperation with private 
persons or entities, enter into other acceptable exchange agreements 
related to social and ecological development projects;
(e) 
Engage in experimental community-based integrated wastewater 
management technologies and strategies including the collection and 
disposal system, sewage and septage treatment, collection and disposal 
of floating garbage, solid waste by-products, sludge or contaminated 
sediments;
(f) 
Identify, secure and possess near-site or on-site development areas for 
low-cost and socialized mass housing of qualified informal settler 
families;
(g) 
Clear and dismantle all illegal structures, in coordination with the local 
government units, DILG and Philippine National Police (PNP), and ensure 
that the easements provided for in this Act and other related laws are 
enforced, especially in all the esteros and waterways that drain into and 
branch-out of the Abra River;
(h) 
Formulate and implement the comprehensive Abra River Rehabilitation 
Roadmap and Master Plan with the help of the NEDA and other agencies 
or entities;
(i) 
Review all plans, projects and programs on the Abra River Basin System 
and the expansions thereto including those submitted by LGUs, public 
corporations, public utility franchisees, concessionaires, private persons 
or corporations that relate to the development of the Abra River Basin 
System to ensure that they conform to environmental standards 
prescribed by the Authority and other environmental laws;
(j) 
Through proper coordination with the DPWH and other appropriate 
government agencies, implement infrastructure projects such as flood 
control, solid waste management, wastewater and sewerage, water 
supply, access roads, access ports, housing, leisure parks and related 
works within the context of its master plan including the readjustment, 
relocation or resettlement of population within the Abra River Basin 
System that may be deemed necessary and beneficial in pursuit of its


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mandate. In case any of these projects is financed wholly or in part by 
the Authority, it shall have authority to collect fees and tolls from users 
or beneficiaries to recover costs of construction and maintenance of the 
projects. Infrastructure projects which are in the nature of social 
overhead capital projects shall be entitled to receive the corresponding 
financial assistance from the government;
(k) 
Implement, in coordination with the Philippine Reclamation Authority 
and the LGUs, dredging or reclamation projects;
(l) 
Conduct, in close coordination with the DENR, DOST, the academe and 
other private and public research institutions, continuing research and 
development programs on water quality management technologies, 
integrated water resource management models and techniques, and 
appropriate wastewater technologies, with the end view of promoting 
sustainable development;
(m) Without prejudice to existing environmental laws, establish and enforce 
anti-pollution standards and water quality guidelines on domestic, 
municipal, commercial and industrial wastewater and effluents being 
discharged into the river system;
(n) 
Adopt rules and regulations governing the approval of sewage works and 
industrial waste treatment and disposal systems and the issuance of 
clearances or permits in accordance with the provisions of this Act and 
inspect the construction and maintenance of sewerage works and 
industrial waste treatment and disposal systems in compliance with 
clearance or permit conditions;
(o) 
Require all projects or activities affecting the Abra River Basin System to 
secure environmental compliance certificates (ECCs) required under 
Presidential Decree No. 1586 and grant clearances and permits for 
projects and activities within or affecting the Abra River Basin System 
including industrial and commercial activities, recreation and tourism, 
navigation, housing and other forms of land developments, construction 
and operation and impose necessary safeguards, management and 
control of wastewater and collect necessary fees for such activities and 
projects;
(p) 
Issue, renew or cancel permits, subject to reasonable guidelines, for the 
discharge of sewage, septage, industrial waste and installation or 
operation of sewerage works and industrial disposal systems or parts 
thereof, for the prevention and abatement of pollution;
(q) 
Require mining companies within the territorial jurisdiction of the 
Authority to utilize allowable mining wastewater treatment systems.


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technologies on treatment of contaminated fresh surface waters, 
practice onsite reduction of metals, and control, contain and manage 
mine tailings that, as much as possible, must not be discharged to the 
Abra River or any of its tributaries;
(r) 
Require subdivisions, condominiums, clinical and medical 
establishments, mortuaries, car and motor repair shops, private and 
public markets, abattoirs, private and public buildings and other similar 
structures within the Abra River Basin System to construct and provide 
appropriate individual and decentralized wastewater and sanitary 
treatment plants, or centralized sewerage systems and sewage 
treatment facilities. The Authority shall impose reasonable fees and other 
similar charges for the issuance or renewal of all the required permits;
(s) 
Impose annual fees or levies in the form of local tax on all industrial and 
commercial users of the Abra River and its tributaries as well as the 
esteros branching from and draining into the Abra River;
(t) 
Issue, after due notice and hearing, orders or decisions to compel 
compliance with the provisions of this Act and its implementing rules and 
regulations;
(u) 
Issue, alter or modify, after due notice and hearing, orders decisions 
requiring the discontinuance of pollution specifying the conditions and 
the time within which such discontinuance must be accomplished;
(v) 
Revoke, suspend or modify, after due notice and hearing, any clearance 
or instrumentalities for the purpose of enforcing the provisions of this 
Act and its implementing rules and regulations;
(w) Deputize or request the assistance of appropriate government agencies 
or instrumentalities for the purpose of enforcing the provisions of this 
Act and its implementing rules and regulations and the orders and 
decisions of the Authority;
(x) 
Enter, inspect or investigate at all reasonable times any public and 
private property devoted to commercial and industrial use within the 
Abra River Basin System, on any matter relating to pollution and existing 
or imminent environmental hazard and danger;
(y) 
Fix, impose, collect, periodically review and adjust reasonable fees and 
other related charges for services rendered in the performance of its 
mandate; and
(z) 
Exercise powers and perform other functions as may be necessary to 
carry out its duties and responsibilities under this Act.


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SEC. 7. Corporate Powers. - The Authority shall exercise the following corporate
2 
powers:
3 
(a) 
Succeed in its corporate name;
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(b) 
Sue and be sued in its corporate name;
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(c) 
Adopt, alter and use a corporate seal;
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(d) Adopt, amend or repeal its by-laws;
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(e) 
Enter into, make, perform and carry out contracts of any class, kind and
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description with any person, firm or corporation, private or public and
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with foreign government entities which are necessary or incidental to the
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realization of its purpose;
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(f) Acquire, buy, purchase, hold or lease such personal and real property as
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it deems necessary or convenient in the transaction of its business or to
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lease, mortgage, sell, alienate or otherwise encumber, utilize, exploit or
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dispose of any such personal and real property held by it, subject to prior
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or existing individual or communal right of private parties or of the
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government or any agency or enterprise thereof. No real property within
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the Abra River Basin System shall be sold or disposed of without the
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approval of the President of the Philippines;
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(g) Receive and utilize donations, grants, bequeaths and assistance of all
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kinds from local and foreign governments and private sectors;
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(h) Exercise the right of eminent domain whenever the Authority deems it
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necessary to carry out the objectives under this Act;
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(i) Borrow funds from any local or foreign sources independent of the bonds
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it may issue to carry out the purposes of this Act;
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(j) Purchase, hold, alienate, mortgage, pledge or otherwise dispose of the
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shares of the capital stock of or any bond, securities or other evidence
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of indebtedness created by any other corporation, co-partnership or
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government agencies or instrumentalities. The Authority shall not invest
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its funds in any high risk instruments or in any highly speculative stocks
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issued without recourse to commercial banks or investment houses;
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(k) Perform any acts which a corporation or a juridical person is authorized
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to perform under the existing laws;
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(I) Provide incentives to encourage the private sector to fully subscribe to
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its shares of stock; and
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(m) Issue such other rules and regulations as may be deemed necessary to
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carry out the purposes of this Act.


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SEC. 8. Board of Directors. - The corporate powers of the Authority shall be 
vested in and exercised by a Board of Directors, hereinafter referred to as the Board, 
which shall be composed of the following:
(a) 
General manager of the Authority, as chairperson;
(b) 
Secretary of the DENR, as ex-officio vice-chairperson;
(c) 
Secretary of the DPWH, as ex-officio member;
(d) 
Secretary of the DILG, as ex-officio member;
(e) 
A representative from the Office of the Governor of the Province of Abra; 
and
(f) 
Two (2) representatives from the private sector who are shareholders or 
stakeholders in the Abra River, as members.
The ex-officio members of the Board may designate the officer next in rank as a 
permanent alternate representative to the Board.
The appointment and qualification of the members of the Board shall be in 
accordance with the provisions of Republic Act No. 10149, otherwise known as the 
"GOCC Governance Act of 2011." The Governance Commission for Government- 
Owned or-Controlled Corporations shall give utmost consideration to the nominees 
recommended by the general manager. The general manager shall recommend at 
least three (3) names for every vacant position.
SEC. 9. Powers and Functions. -The Board shall exercise the following powers 
and functions:
(a) 
Provide a comprehensive policy guidance for the rehabilitation and 
development of the Abra River Basin System;
(b) 
Prescribe and promulgate policies, rules and regulations to govern the 
conduct of business of the Authority and ensure that the Authority 
performs its functions in a proper, efficient and effective manner;
(c) 
Decide the objectives, strategies and policies of the Authority in 
accordance with the provisions of this Act;
(d) 
Exercise appellate powers on the decision of the general manager;
(e) 
Issue subpoena ad testificandum or subpoena duces tecum requiring the 
attendance and testimony of witnesses in any matter or inquiry pending 
before the Board and requiring the production of books, papers, 
contracts, agreements and all other documents;
(f) 
Exercise appellate powers to order the taking of depositions at any stage 
of any proceeding or investigation pending before the Board;
(g) 
Approve the organizational and administrative structures and the 
corresponding staffing pattern of the Authority; fix their reasonable 
compensation, allowances and other benefits in accordance with the


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Salary Standardization Law; prescribe their duties and establish such
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methods and procedures as may be necessary to ensure the efficient,
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honest and economical administration of the provisions and purposes of
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this Act: Provided, That all personnel of the Authority below the rank of
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the general manager shall be appointed by the chairperson of the Board:
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Provided, further, That the personnel appointed by the general manager,
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except those below the rank of department heads, and others of
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comparable rank, shall be subject to the confirmation of the Board:
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Provided, finally. That the personnel of the Authority shall be selected
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only from those with civil service eligibility and shall be subject to civil
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service laws, rules and regulations;
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(h) Approve the annual and supplemental budgets of the Authority and
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authorize each operating and capital expenditures and disbursements as
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may be necessary for the effective management, operation and
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administration of the Authority;
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(i) Create and organize ad-hoc technical working groups composed of
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representatives from the government and other stakeholders to assist
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the Board; and
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(j) Perform such other functions as may be necessary to carry out the
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provisions of this Act.
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SEC. 10. Quorum. - The presence of at least five (5) members of the Board shall
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constitute a quorum and the majority vote of at least four (4) members in a meeting
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where a quorum is present shall be necessary for the adoption of any rule, ruling,
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order, resolution, decision or other act of the Board in the exercise of its functions.
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SEC. 11. Board Meetings. - The Board shall meet regularly once a month and
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may hold special meetings to consider urgent matters upon the call of the chairperson
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or upon the initiative of five (5) members. The rules and procedures in the conduct of
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Board meetings shall be prescribed by the Board.
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SEC. 12. Per Diems. - The members of the Board shall receive a per diem for
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each meeting actually attended. The per diems of the members of the Board shall be
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determined by the Board in accordance with the existing rules and regulations.
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SEC. 13. General Manager. - The Authority shall be headed by a general
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manager who shall be the chief executive officer and shall exercise the following
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powers and functions:
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(a) Submit for consideration of the Board, the policies and measures that
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are necessary to carry out the purposes and objectives of this Act;
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(b) Head and administer the Abra River Basin Adjudication Panel as the
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implementing arm for the quasi-judicial powers of the Authority;
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(c) 
Execute, administer and implement the policies, plans, programs and 
projects approved by the Board;
(d) 
Manage and supervise the operation and administration of the Authority;
(e) 
Appoint all officials and employees of the Authority below the rank of the 
executive director and remove, suspend or otherwise discipline the same 
for cause, in accordance with existing civil service laws, rules and 
regulations;
(f) 
Submit quarterly reports to the Board on personnel selection, placement 
and training;
(g) 
Render an annual report to the Board and various stakeholders regarding 
the operation of the Authority including its latest financial statements;
(h) 
Represent the Authority in all its dealings with offices, agencies, and 
instrumentalities of the government and with all persons and other 
entities, public or private, domestic and foreign; and
(i) 
Perform such other functions as may be provided in the by-laws and as 
may be vested by the Board.
The general manager shall be vested with the rights, privileges, disqualifications 
and prohibitions of a general manager as prescribed by existing Position Classification 
and Compensation Scheme, laws, issuances and pertinent civil service rules and 
regulations.
SEC. 14. Qualifications. - The general manager must be:
(a) 
A citizen and resident of the Philippines;
(b) 
At least thirty-five (35) years of age;
(c) 
With good moral character, unquestionable integrity and recognized 
competence; and
(d) 
A degree holder with at least five (5) years supervisory or management 
experience in the field of public administration, economic planning, 
environmental planning and natural resource management, or in the 
establishment and management of large agricultural, commercial or 
industrial enterprises or other related fields.
SEC. 15. Term of OfTice. - The general manager shall be appointed by the 
President of the Philippines and shall have a term of six (6) years which may be 
extended for another non-extendible term of two (2) years. The general manager shall 
only be removed for cause in accordance with the rules and regulations prescribed by 
the Civil Service Commission.
11


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SEC. 16. Management Structure. - In carrying out the activities of the Authority,
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the general manager shall be assisted by an assistant general manager and four (4)
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department heads: one (1) for legal services, one (1) for administration and finance
4 
services, one (1) for technical services, and one (1) for social development and
5 
advocacy, who shall have such powers, duties and functions as the general manager
6 
may prescribe or delegate. The assistant general manager shall act as the general
7 
manager in the absence or during the temporary incapacity of the general manager
8 
or until such time that a new general manager has been duly appointed.
9 
The Authority shall have the following departments under the direct supervision
10 
and control of the general manager:
11 
(a) Enforcement and Legal Service Department which shall provide legal
12 
advice and support to all the corporate units on legal implications of the
13 
various undertakings of the Authority. It shall also provide professional
14 
assistance in the implementation of the quasi-judicial and regulatory
15 
functions of the Authority, which include enforcement of environmental
16 
protection, proper procedures on investigation, litigation, adjudication
17 
and voluntary arbitration. This department shall oversee and manage
18 
the operations of barangay waterways water quality surveillance,
19 
monitoring and enforcement units.
20 
(b) Administrative and Finance Department which shall be responsible for
21 
providing services related to administrative support services such as
22 
consolidation of major final output, preparation of personnel evaluation
23 
system, human resource management, revenue planning, generation
24 
and enhancement, budget and financial matters, records management,
25 
safekeeping of financial assets, and general services.
26 
(c) Technical and Environmental Management Services Department which
27 
shall serve as the main regulatory and technical arm of the authority and
28 
shall oversee the integration of the functions on river basin management
29 
and development, including the management and operations of the GIS-
30 
Mapping unit and laboratories. This department shall also be responsible
31 
for providing scientific studies, technical policy planning, research and
32 
development, and technology management services.
33 
(d) Social Development and Advocacy Department which shall be
34 
responsible for resettlement and relocation of informal settlers including
35 
their social preparation. It shall also be responsible for dissemination of
36 
information and educational campaign.
37 
SEC. 17. Power to Administer Oaths. - The members of the Board, the general
38 
manager and other duly designated officers of the Authority, shall have the authority
39 
to administer oaths in the transaction and performance of their official duties.
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SEC. 18. Consultative Assembly. - There shall be established a consultative 
assembly which shall serve as venue for public consultations and participation by 
stakeholders and presentation of the Authority's plans and programs or modification, 
amendment or revision of rules and regulations prior to its adoption or implementation 
within its jurisdiction. The consultative assembly shall be composed of the following:
(a) 
Mayors of the cities and municipalities comprising the Abra River Basin 
System;
(b) 
The president of the association of barangay captains in cities and 
municipalities comprising the Abra River Basin System;
(c) 
A representative of owners, proprietors and authorized operators of all 
major private, commercial or industrial business establishments located 
in all barangays comprising the Abra River Basin System; and
(d) 
One (4) representative each for the homeowners associations, civil 
society organizations and peoples' organizations in the Abra River Basin 
System. The Authority shall convene an annual year-end general 
assembly to report and present its financial and fiscal status and updates 
on its plans, programs and projects to its stakeholders and to the public. 
The required logistical support, such as food and transportation 
allowances shall be provided to the members of the Board and the 
consultative assembly during the meeting at the expense of the Authority 
subject to government accounting and auditing procedures.
SEC. 19. Additional Offices. - The Board may create additional offices it may 
deem necessary for the effective implementation of this Act not later than twelve (12) 
months from the date of the effectivity of this Act.
SEC. 20. Enforcement Powers. - The Authority shall have enforcement powers 
within the Abra River Basin System to carry out the functions and attain the purposes 
and objectives declared under this Act. The grant of such powers shall be in conformity 
with the functions exclusively provided by law to be exercised by the PNP and other 
government agencies. The Authority may request the assistance of other law 
enforcement agencies, including request for deputation as may be required. Such 
enforcement power shall be exercised in connection with the operations of barangay 
waterways water quality surveillance, monitoring and enforcement units, and 
implementation of rules and regulations promulgated by the Board pursuant to the 
authority granted under this Act.
SEC. 21. Power to Investigate Violations. -The general manager, motu proprio 
or at the instance of a private person or the Board, may conduct investigations based 
on the procedures that the Board may prescribe in accordance with the provisions of 
the Rules of Court serving as supplemental guidelines.
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1 
SEC. 22. Cease and Desist Order. - The general manager, after due
2 
investigation, may issue a cease and desist order to immediately halt any practice
3 
found to be in violation of the provisions of this Act. Such order shall be without
4 
prejudice to the civil or criminal prosecution of persons under the existing laws.
5
6 
SEC. 23. Abra River Adjudication Panel. - To carry out effectively the quasi-
7 
judicial powers of the Authority, there shall be created an Abra River Basin
8 
Adjudication Panel, hereinafter referred to as the "Adjudication Panel." The
9 
Adjudication Panel shall be composed of the general manager as the head, one (1) ex
10 
officio board member and one (1) board member from the private sector, to be elected
11 
by the board members from among themselves.
12 
The Adjudication Panel shall have the following powers and functions:
13 
(a) Issue preliminary or permanent injunctions whether prohibitory or
14 
mandatory, in all cases in which it has jurisdiction;
15 
(b) Issue subpoena and subpoena duces tecum and to summon witnesses
16 
to appear in any proceedings of the Adjudication Panel, and administer
17 
oaths and affirmations;
18 
(c) Punish for contempt, both direct and indirect, in accordance with the
19 
pertinent provisions of and the 
penalties prescribed 
by the Rules of
20 
Court;
21 
(d) Conduct investigations and hearings on the complaints for violation of
22 
the environmental laws and of this Act, issue show cause orders,
23 
decisions or ruling and impose times and penalties for such violations;
24 
(e) Issue notices of violations or non-compliance, cease and desist orders
25 
and other related orders necessary for the enforcement of existing
26 
environmental laws and rules and regulations of this Act;
27 
The Adjudication Panel is mandated to take cognizance and adjudicate
28 
violations of this Act. Any decision, order or resolution shall be concurred in by
29 
the majority members of the panel and duly signed by the general manager. The
30 
decision, order or resolution of the Adjudication Panel may be appealed to the
31 
Board within fifteen (45) days from receipt of the decision, order or resolution.
32 
The decision of the Board may be further appealed to any court of competent
33 
jurisdiction in accordance with the provisions of the Rules of Court.
34 
SEC. 24. Clean-Up Operations. - In addition to the provisions of Section 26
35 
hereof, any person who causes pollution in or pollutes the Abra River or any of its
36 
tributaries in excess of the applicable and prevailing standards shall be responsible to
37 
contain, remove and clean-up any pollution incident at the polluter's own expense:
38 
Provided, That in the event emergency clean-up operations are necessary and the
39 
polluter fails to immediately undertake the same, the Authority, in coordination with
14


(a)
other government agencies concerned, shall conduct containment, removal and 
cleanup operations. Expenses incurred in said operations shall be reimbursed by the 
persons found to have caused such pollution upon proper administrative determination 
in accordance with this Act. Reimbursements of the cost incurred shall be made to the 
Authority's fund for the development of the Abra River.
SEC. 25. Prohibited Acts. - The following acts are prohibited:
Discharging, depositing or causing to be deposited matter of any kind 
directly or indirectly along the margins or the water of the Abra River, 
where the same shall be liable to be washed into surface water either by 
the tide, storm, floods or other occurrences which cause water pollution 
or impede the natural flow of the Abra River;
Discharging, injecting or allowing to seep into the soil or subsoil any 
substance in any form that would pollute the Abra River groundwater. 
In the case of geothermal projects, subject to the approval of the 
Authority, the regulated discharge for short-term activities such as well 
testing, flushing, commissioning, venting and deep reinjection of 
geothermal liquids may be allowed: Provided, That safety measures are 
adopted to prevent the contamination of the groundwater;
Operating facilities and discharging regulated water pollutants without 
the valid required permits or under a revoked permit in violation of any 
condition imposed by the Authority;
Disposal of potentially infectious medical waste into the Abra River and 
its tributaries;
Unauthorized transport or dumping of sewage sludge, solid waste, or 
commercial, industrial and institutional waste into the Abra River and its 
tributaries and waterways;
Transporting, dumping or discharging of prohibited chemicals, toxic 
substances, hazardous and nuclear waste into the Abra River;
Operating facilities that discharge or allow to seep, willfully or through 
gross negligence, prohibited chemicals, toxic, hazardous and nuclear 
waste, or pollutants into the waterways wherein the same shall be 
washed into the surface and ground water of the Abra River;
Undertaking activities, development and expansion projects or operating 
wastewater and sewerage facilities in violation of Environmental Impact 
Statement System established under Presidential Decree No. 1586 and 
its implementing rules and regulations;
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(c)
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(d)
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(h)
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(i) 
Discharging regulated water pollutants without the valid required
2 
discharge permit pursuant to this Act or after the permit was revoked for
3 
any violation of the condition therein;
4 
(j) 
Refusal to allow entry, inspection and monitoring by the Authority;
5 
(k) Refusal to allow access by the Authority to relevant reports and records;
6 
(I) 
Refusal or failure to submit reports whenever required by the Authority;
7 
(m) Refusal or failure to designate pollution control officers whenever
8 
required by the Authority in accordance with this Act; and
9 
(n) Directly using booster pumps in the distribution system or tampering
10 
with the water supply in such a way as to alter or impair the quality of
11 
water.
12 
SEC. 26. Pena! Clause. - Any person who commits any of the prohibited acts
13 
mentioned in Section 25 hereof or any rule and regulation promulgated pursuant
14 
thereto shall be punished by imprisonment of not less than two (2) years but not more
15 
than four (4) years or a fine of not less than Fifty thousand pesos (P50,000.00) but
16 
not more than One hundred thousand pesos (PI,000,000.00), or both. In case of
17 
failure or refusal to undertake clean-up operations mentioned in Section 24 hereof,
18 
any person who, willfully or through gross negligence causes serious injury, loss of
19 
life, or irreversible water contamination of surface or ground water, shall be punished
20 
with imprisonment of not less than six (6) years and one day to not more than twelve
21 
(12) years or a fine of Five hundred thousand pesos (P500,000.00) per day for
22 
each day during which the omission or contamination continues.
23 
If the offender is a corporation or a juridical person, the officers thereof who
24 
have knowingly participated in the violation shall be held liable.
25 
SEC. 27. Incentives. - The Authority may provide incentives to industries and
26 
commercial enterprises that undertake necessary measures to abate pollution within
27 
the Abra River Basin System and to the government agencies involved in the
28 
construction of parks, river control structures, revetments along the river banks,
29 
antipollution devices, contraptions, appurtenances, bio-remediation and containment
30 
systems, cleaner technology systems for wastewater treatment and sewerage facilities
31 
and solid-waste and garbage disposal systems, and other related equipment.
32 
Investment incentives shall be provided by the Authority to the industries,
33 
organizations and persons whose activities will enhance the utilization of the Abra
34 
River and its environs such as clean-up operations, dredging and sediment removal or
35 
de-siltation projects, recreation, tourism and other programs that will revive, improve
36 
and enhance the ecological system of the Abra River Basin System.
37 
SEC. 28. Annual Fees. - The Authority shall be authorized to collect annual fees
38 
from private business establishments, individual or corporation, including residential
16


1 
establishments such as townhouses, apartments, hotels, condominiums, condotels,
2 
medical hospitals and wet markets, both private and public, whose wastewater
3 
disposal facilities are connected to the sewerage system located within the Abra River
4 
Basin System or which wastewater eventually drains or seeps to the Abra River. The
5 
fees collected shall be used solely for rehabilitation and sustainable development of
6 
the Abra River Basin System.
7 
SEC. 29. Fiscal Autonomy. - The Authority shall enjoy fiscal autonomy. All funds
8 
earned by the Authority from the collection or levy or from all fees, charges, dues,
9 
assessments and fines collected pursuant to this Act shall be used solely to fund its
10 
operations.
11 
SEC. 30. Capitalizations and Financing. - The Authority shall have an authorized
12 
capital of Four hundred million pesos (P400,000,000.00). The authorized capital
13 
shall be divided into two million (P2,000,000) shares of stock with a par value of Two
14 
hundred pesos (P200.00) per share. The National Government shall fully subscribe
15 
to ninety percent (90%) of the authorized capital, of which at least fifty percent (50%)
16 
shall have been fully paid; while ten percent 10%) of the shares shall be subscribed
17 
and paid by the Provincial Government of Abra.
18 
SEC. 31. Funding. - The amount necessary to subscribe and pay for the
19 
remaining shares of the National Government to the capital stock of the Authority shall
20 
be included in the annual General Appropriations Act. For the Provincial Government
21 
of Abra, the funds for subscription shall be taken from their internal revenue allotment
22 
and other local funds.
23 
SEC. 32. Exemption from Taxes, Customs and Tariff Duties. -The importation
24 
of equipment, machineries, spare parts, accessories and other materials including
25 
supplies and services which are used solely and exclusively for the operations of the
26 
Authority and are not available locally shall be exempt from all direct and indirect
27 
taxes, wharfage fees and other charges. All obligations entered into by the Authority
28 
and any income derived therefrom, including those contracted with private
29 
international banking and financial institutions shall be exempt from all taxes including
30 
the principal and the interest. 'The Authority is also exempt from the payment of
31 
capital gains tax, documentary stamp tax, real property estate tax and all other local
32 
government taxes and fees.
33 
SEC. 33. Auditor. - The chairperson of the Commission on Audit (COA) shall be
34 
the ex-officio Auditor of the Authority. For this purpose, the chairperson may appoint
35 
a representative and the necessary personnel who shall audit the Authority.
36 
All accounts and expenses of the Authority shall be audited by the Commission
37 
on Audit or its duly authorized representative.
38 
SEC. 34. Implementing Rules and Regulations. - Within ninety (90) days after
39 
the approval of this Act, the TESDA shall, in coordination with the DOLE, DTI, DOST,
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1 
DA, Department of Budget and Management, DILG, NEDA, concerned LGUs, and such
2 
other relevant agencies and industry-business partners of the host locality, prepare
3 
and issue the necessary rules and regulations for the effective implementation of this
4 
Act.
5 
SEC. 35. Separability Clause. - If, for any reason or reasons, any part or
6 
provision of this Act shall be declared as unconstitutional or invalid, the other parts or
7 
provisions hereof which are not affected thereby shall continue to be in full force and
8 
effect.
9 
SEC. 36. Repealing Clause. - All provisions of existing laws, orders, rules and
10 
regulations or parts thereof which are in conflict or inconsistent with the provisions of
11 
this Act are hereby repealed, amended or modified accordingly.
12 
SEC. 37. Effectivity. - This Act shall take effect fifteen (15) days after its
13 
publication in the Official Gazette or in any newspaper of general circulations.
Approved,
18