Republic of the Philippines rn
HOUSE OF REPRESENTATIVES &CCEIVED
Quezon City, Metro Manila A

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 3460

Introduced by HON. MUJIV S. HATAMAN of the Lone district of Basilan and
HON. AMIHILDA J. SANGCOPAN Anak Mindanao (AMIN) Party List
Representative

EXPLANATORY NOTE

Wetlands refer to a wide variety of inland habitats such as natural pools/ponds,
springs, freshwater swamps/marshes, peatlands, floodplains, rivers and lakes, and
coastal areas such as estuaries, saltmarshes, mangroves, lagoons, intertidal flats and
seagrass beds, and also coral reefs and other marine areas no deeper than six meters at
low tide, as well as human-made wetlands such as dams, reservoirs, rice paddies, fish
ponds, saltpans, and wastewater treatment ponds. Wetlands also refer to water bodies or
aquatic ecosystems except oceans and the deep sea.

The most recent estimate of global inland and coastal wetland area is in excess of
12.1 million km?, an area almost as large as Greenland (Global Wetland Outlook 2018).
For the Philippines, the 2016 Atlas of Philippine Inland Wetlands and Classified Caves put
their numbers at 314 inland wetlands and 2,487 river systems. Out of these 314 wetlands
are 221 lakes, 14 marshes and swamps, 9 peatlands, 39 water storage, and 31 ponds. Due
to its archipelagic nature, the Philippines has numerous coastal wetlands such as coral
reefs, seagrass beds, mangrove swamps, estuaries, and intertidal flats.

In Mindanao, the approximate number of inland wetland is about 129 which is
about 200,000 hectares. Among these are the special types of wetlands such as peatlands,
marshes, and swamps predominantly located in the provinces of Agusan del Sur, Agusan
del Norte, Surigao del Sur, Surigao del Norte, Siargao Island, Dinagat Island, North
Cotabato, Maguindanao, and Shariff Kabunsuan. Three of the six major lakes in the
Philippines are located in Mindanao and these are Lanao Lake, Lake Mainit, and Buluan
Lake.

Wetlands provide a wide range of ecosystem services that is vital for human
survival. They provide critical food supplies including rice and fish, fresh water, fiber, and
fuel. They also serve as the habitat of threatened species of Philippine flora and fauna and
harbors biodiversity that is vital in sustaining life and promoting human well-being and
sustainable development. Another notable services of wetlands are its capacity to supply
and regulate water and act as natural safeguards against disasters thus protecting
vulnerable communities to devastating effects of floods, droughts, and storm surges.
Indeed, healthy and well-managed wetlands increase resilience to climate change and
extreme weather events. Furthermore, it is their natural feature to have cultural and

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spiritual importance, like for the Maranaoans. Wetlands also offer recreational and
tourism benefits to people.

Despite the wide range of ecosystems services provided by wetlands, they are
laced with countless issues and concerns that pose a great challenge in maintaining the
integrity of these important ecosystems. Foremost of these is the degradation of wetlands
due to their conversion to other land and water uses. These are in turn caused by human
actions such as drainage, dredging and stream channelization, damming, poor
agricultural practices, introduction of alien invasive species, and such other extractive
activities. Natural actions such as drought, severe storms, and climate change also serve
as direct and indirect drivers of change for wetlands. These human and natural actions
often result to siltation and sedimentation, release of toxic chemicals, pollution, runoff,
changing nutrient levels, subsidence, sea level rise, and loss of biodiversity.

Scientific studies show that 64 percent of the world’s wetlands have disappeared
since 1900. Compared against figures in 1700s, an estimated 87 percent of wetlands have
been lost. The loss is even higher in some regions particularly Asia. Inland wetlands are
disappearing at a faster pace than coastal ones but the overall trend is clear. As a result,
access to fresh water is declining for one to two billion people worldwide, while flood
control, carbon storage and traditional wetland livelihoods all suffer. (Ramsar, 2014)

The Living Planet Index, created by the World Wide Fund for Nature and the
UNEP- World Conservation Monitoring Centre, provides a measure of the trends in more
than 3,000 populations of 1,145 vertebrate species around the world and is an aggregate
of three separate indices of change in freshwater, marine, and terrestrial species. The
index showed that freshwater populations have declined consistently and at a faster rate
than the other species groups assessed, with an average decline of 50 percent between
1970 and 2000. In the same period, both terrestrial and marine fauna decreased by 30
percent. In general, the trend is one of continuing decline in each ecosystem over the 30-
year period. Therefore, it is clear that global wetland loss and degradation continues
faster than any other ecosystems (Millennium Ecosystem Assessment, 2005).

The Convention on Wetlands, also known as the Ramsar Convention, in which the
Philippines is a Contracting Party, is the only international treaty focused on the wise use
and conservation of wetlands. As a Contracting Party, the country is committed to adopt
and implement laws, polices and plans so as to promote wise use of wetlands or the
maintenance of their ecological character, achieved through the implementation of
ecosystem approaches, within the context of sustainable development.

While wetland conservation and wise use is already promoted, directly and
indirectly, under existing laws on water resources, water quality management, fisheries
and aquatic resources, wildlife resources and their habitats, protected areas, land use
development, public infrastructure, and environmental impact assessment, among
others, there is no single Philippine legislation that deals specifically on wetlands. The
policy review found that not all wetlands are equally protected and that the degree of
protection depends on the classification or kind of wetland. To add with, most of the
wetlands have limited legal protection from uses incompatible with the maintenance of
its ecological character. Given that the legal bases for wetland conservation and wise use


are dispersed in various laws, there is still a need for a concise policy statement on
wetlands to be adopted at the national level.

This legislative measure seeks to guide all concerned national government
agencies and local government units in adjusting their sectoral or local policies, plans and
programs to be consistent with wetland conservation and wise use. This will also greatly
enhance current efforts to raise awareness on the importance of wetlands as the “cradle
of biodiversity.” This proposed measure will also provide the opportunity to comply with
the directives on the mainstreaming of disaster risk reduction and management, climate
change and biodiversity conservation in policy formulation.

The approval of this bill will ensure the protection, conservation, and wise use of
all wetlands, eventually contributing to the human well-being of the present and future
generations.

In view of the foregoing, immediate passage of this measure is earnestly sought.

ALD: INGCOPAN
Representl
Anak Mindanao Party List



REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No._3460

Introduced by Hon. MUJIV S. HATAMAN of the Lone District of Basilan and
Hon. AMIHILDA J. SANGCOPAN of Anak Mindanao (AMIN) Party-list

AN ACT ESTABLISHING A NATIONAL WETLAND POLICY,
PROVIDING MECHANISMS FOR ITS INSTITUTIONALIZATION,
AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Short Title. - This Act shall be known as the “Wetlands
Conservation Act of 2019”.

SECTION 2. Declaration of Policy. - In accordance with law, it is
the policy of the State to conserve and wisely use wetlands and wetland
resources consistent with the principles of sustainable development,
inclusive growth, poverty reduction, food security, biodiversity
conservation, climate change adaptation and mitigation, and disaster risk
reduction and management, while advancing the right to a balanced and
healthful ecology in accordance with the harmony and rhythm of nature.

SECTION 3. Guiding Principles. - The following principles shall
guide the implementation of the National Wetland Policy:

a. Promotion of human health and well-being and the right to a balanced and
healthful ecology;

b. Prevention of further loss of ecosystem services due to wetland conversion
or degradation;

c. Adoption of the ecosystem approach;


d. Maximization of the contribution of wetlands to disaster risk reduction,
climate change mitigation and adaptation and biodiversity conservation;

e. Use of appropriate technology for necessary development activities in or
around wetlands;

f. Rehabilitation and restoration of water bodies; and

g. Raising awareness on the importance of wetlands, wetland threats and
issues

SECTION 4. Coverage. - This Order shall apply to all wetlands in
the Philippines, including human-made wetlands that have importance as
wildlife habitat.

SECTION 5. Definition of Terms.-

a)

Biodiversity - the variability among all living organism from all sources
including, inter alia, terrestrial, marine and other aquatic ecosystems and
the ecological complexes or which they are part: this includes diversity
within species, among species and of ecosystems.

b) Categories of wetlands - for purposes of description only and to provide
better understating of the different wetland types, wetlands may be
classified under three (3) broad categories:

1. Inland wetlands, which includes springs, creeks, rivers, streams, waterfalls,
freshwater swamps, freshwater marshes, peatlands, natural ponds or pools,
wet caves and lakes;

2. Coastal wetlands, which includes bays, straits, seagrass beds, coral reefs,
sand bars, inter-tidal mud, sand or salt flats, mangrove swamps,
saltmarshes, estuaries, marine shores and saline lagoons; and

3. Human-made wetlands, which include fish and shrimp ponds, farm ponds,
mining ponds, salt pans, dams, small water impounding areas, reservoirs,
irrigated agricultural lands and canals.

°)

Ecological character - the combination of the ecosystem components,
processes and benefits/services that characterize the wetland at a given
point in time.

d) Ecosystem approach or ecosystem-based approach - is a strategy for the
integrated management of land, water and living resources that promotes

conservation and sustainable use in an equitable way.

e)

Ecosystem Services or Ecological Services - the benefits people obtain from
ecosystems. These include provisioning services such as food and water;

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8)

hy

regulating services such as flood and disease control; cultural services such
as spiritual, recreational, and cultural benefits; and supporting services,
such as nutrient cycling, that maintain the conditions for life on Earth.

Sustainable development - development that meets the needs of the present
without compromising the ability of future generations to meet their own
needs.

Wetlands - refer to a wide variety of inland habitats such as natural
pools/ponds, springs, freshwater swamps/marshes, _ peatlands,
floodplains, rivers and lakes, and coastal areas such as estuaries,
saltmarshes, mangroves, lagoons, intertidal flats and seagrass beds, and
also coral reefs and other marine areas no deeper than six meters at low
tide, as well as human-made wetlands such as dams, reservoirs, rice
paddies, fish ponds, saltpans, and wastewater treatment ponds.

Wise use of wetlands - the maintenance of their ecological character, achieved
through the implementation of ecosystem approaches, within the context
of sustainable development;

SECTION 6. Integration and Mainstreaming of Wetland
Conservation and Wise Use. - All government agencies and offices and
local government units shall integrate and mainstream the wetland
conservation and wise use into their policies, rules and regulations,
programs, projects and development planning process. They shall also
directly consult with the DENR and affected LGUs in the development and
implementation of their plans, programs and projects within or having an
impact on wetlands.

SECTION 7. Conservation of wetlands. - Wetlands of the public
domain shall no longer be classified and released as agricultural land.
Where appropriate, wetlands of the public domain shalll be prioritized for
protection under the National Integrated Protected Areas System (NIPAS)
Act, the Wildlife Resources Conservation and Protection Act, or the Revised
Fisheries Code, as amended.

SECTION 8. Wetland drainage and reclamation. - In accordance
with law, no further drainage, reclamation or conversion of wetlands shall
be permitted, except when necessary for national interest and security. In
such exceptions, all legal requirements shall be strictly complied with
including, but not limited to, applicable rules and regulations on
environmental impact statements and National Economic Development
Authority (NEDA) approval for reclamation projects.

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Wetland conversion that causes adverse effects to the environment shall be
prosecuted as a form aquatic pollution.

SECTION 9. Enforcement of easement zones, danger zones and
other land use setbacks. - All concerned government agencies and LGUs
shall strictly implement land use setback provisions imposed by law, which
include:

a. Prohibition of the building of any structure along the easement zones of
banks or rivers and streams and the shores of the seas and lakes. This
easement zone has a width of three (3) meters in urban areas, twenty (20)
meters in agricultural areas and forty (40) meters in forest areas.

b. Eviction and resettlement of occupants of danger zones such as
riverbanks and shorelines, including lakeshores and seashores

c. Construction of houses and other residential structures and buildings at
a safe distance from streams or bodies of water.

While primarily intended for human welfare and safety, these land use
setback provisions also benefit wetlands by limiting development at certain
distances from wetlands. These measures address both disaster risk
reduction and wetland conservation concerns.

SECTION 10. Role of Local Government Agencies. - The
municipal, city, or provincial Local Government having. territorial
jurisdiction over the wetlands shall integrate with their urban development
plan, conservation measures being implemented in this Act. In this regard,
it shall be categorized as a criminal act, to issue permits, documents, and
effects in violation of this Act.

SECTION 11. Penal Provision. - Violation under this Act or any rule
or regulation pursuant to this Act, shall upon conviction, be punished with
a fine of not less than Two Hundred thousand pesos (P200,000) or
imprisonment of not less than six (6) months or both, shall be imposed at
the discretion of the court.

SECTION 12. Lead Agencies for Compliance and Monitoring. -
The Department of Environment and Natural Resources (DENR) through
the Biodiversity Management Bureau, shall be the lead agency in
monitoring overall compliance with this Order, particularly by all national
government agencies.


The Department of Interior and Local Government (DILG) shall monitor
compliance by local government units and shall formulate and implement
incentive schemes to promote local government wetland conservation and
wise use practices.

SECTION 13. Creation of the National Wetlands Conservation
Committee. - There is hereby created a National Wetlands Conservation
Committee (NWCC) tasked to perform oversight functions on the
integration of the National Wetland Policy into national, sectoral and local
plans, programs and projects.

SECTION 14. Composition of the NWCC. - The DENR Secretary
and the Director General of the National Economic and Development
Authority (NEDA) shalll be the Co-chairpersons of the NWCC. The NWCC
shall be composed of the following members:

The Secretary of the Department of Agriculture

The Secretary of the Department of Agrarian Reform

The Secretary of the Department of Interior and Local Government

The Secretary of the Department of Public Works and Highways

The Secretary of the Department of Science and Technology

‘The Secretary of the Department of Tourism

The Secretary of the Department of Transportation

The Chief Executive Officer of the Housing and Land Use Regulatory Board
The Executive Director of the Climate Change Commission

The Executive Director of the National Disaster Risk Reduction and
Management Council

SECTION 15. Inter-agency representatives. - The foregoing
members of the NWCC shall designate alternate representatives, holding a
position not lower than a Director level, to ensure their respective agency's
presence and support to the responsibilities of the Committee.

The NWCC shall also have representatives from the relevant civil society
organizations, peoples’ organizations, academe, and the business sector.

The NWCC may call on or invite other entities or individuals, both public
and private, to render support and assistance to the Committee for the
effective implementation of the NWAP.

SECTION 16. Functions of the NWCC. - The NWCC shall have the
following responsibilities:


a) Recommend policies for the management and conservation of wetlands;

b) Coordinate all efforts in the conservation and wise use of the country’s
wetlands and wetland resources;

©) Formulate and oversee the implementation of a national wetland conservation
program;

d) Establish and implement a monitoring scheme on the implementation of
the NWAP;

°)

Review and provide inputs on policies and management initiatives related
to wetlands;

f) Recommend wetland areas to be nominated for inclusion to the Ramsar List
of Wetlands of International Importance (or as Ramsar Site);

g) Establish linkages and networking with concerned national and
international and organizations, as well as relevant local government units,
to promote information exchange and synergies on wetland conservation;

h)

Hold quarterly meetings, or as often as may be deemed necessary by the
Co-chairpersons;

i) Submit an annual report on the status of the Philippine wetlands and the
progress of implementation of the NWAP no later than June of every year;
and

j) Perform such other functions as may be necessary, consistent with the
foregoing functions of the NWCC.

SECTION 17. NWCC Secretariat. - The Biodiversity Management
Bureau (BMB) of the DENR is hereby designated as the NWCC Secretariat.
It shall provide technical and administrative support to the NWCC. The
Secretariat shall be headed by the Director of BMB.

SECTION 18. Appropriations. - The amounts necessary to
implement this Act during the first year of implementation shall be sourced
from the DENR. Thereafter, such amounts necessary to effectively carry
out the provisions of this Act shall be included in the General
Appropriations Act.


SECTION 19. Implementing Rules and Regulations. - Within six
(6) months from the date of this Order, the NWCC through the interagency
member representatives shall issue the guidelines for the proper
observance and implementation of laws relating to wetlands and wetland
resources.

SECTION 20. Separability Clause. - If any provision of this Act is
declared unconstitutional or invalid, the provisions not affected thereby
shall continue to be in full force and effect.

SECTION 21. Repealing Clause. - All laws, decrees, orders, rules
and regulations inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 22. Effectivity. - This act shall take effect fifteen (15) days
following its publication in at least two (2) newspapers of general
circulation.

Approved.