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“FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE of REPRESENTATIVES
House Bill No.__5344

Introduced by: MA. THERESA B. BONOAN-DAVID
4% District, City of Manila

EXPLANATORY NOTE

The Constitution, Article 11, Section 15 provides:
“The State shall protect and promote the right to

health of the people and instill health consciousness
among them.”

The Philippines is a country that is often hit by typhoons and other forms of

heavy precipitatio causes flooding in most parts of the country. There is a need
to protect children who wander into drainage systems particularly when an area is

flooded and the drainage system can hardly be seen.

‘This bill seeks to have a uniform standard of safeguards that will be required of
all governmental entities. It will prevent accidents involving people who sustain

injuries or even die by falling into open drains and other similar forms of drainage.

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

MA. THERESA BONOAN-DAVID
4th District, City of Manita


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE of REPRESENTATIVES
House Bill No. 344

Introduced by: MA. THERESA B. BONOAN-DAVID
4* District, City of Manila

AN ACT PROVIDING FOR SAFETY MEASURES FOR DRAINANGE OR
OTHER SIMILAR FLOOD OR DRAINAGE SYSTEMS MAINTAINED BY
GOVERNMENTAL ENTITIES

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

the Philippines assembled:

SECTION 1. Short Title. - This Act shall be known as "The Drainage Safety Act of

2011”

SECTION 2. Declaration of Policy. - It is the policy of the State to promote the
general welfare of the people. Pursuant to this policy, the State shall provide for safety
measures for drainage or other similar flood drainage systems managed by

governmental entities.

SECTION 3. Duty of Governmental Entities. Every governmental entity shall:

(A) Ensure that the intake to each drainage or other enclosed flood or drainage
system that the entity is responsible for maintaining is protected by a bar,
grate, or other appropriate covering sufficient to ensure that a child may not
be swept into the system;

(B) Ensure that a sign warning of the hazard for a child, including the danger for
injury or drowning, is clearly posted at the intake to each drainage or other
enclosed flood or drainage system that the entity is responsible for
maintaining;


(©) Ensure that each drainage or other enclosed flood or drainage system that the
entity is responsible for maintaining has a hinged opening or other type of
opening and closing mechanism to permit emergency services personnel to
access the system.

For purposes of this Act, the term drainage shall mean a sewer or drain crossing
under a road or embankment, the part of a road or embankment that passes over such
a sewer or drain, or the channel or conduit for such a sewer or drain.

SECTION 4. Repealing Clause. - All laws, presidential decrees, executive orders,
proclamations, rules and regulations, or parts thereof which are inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SECTION 5. Separability Clause. - If any provision of this Act is declared
unconstitutional, the other provisions not affected thereby shall remain valid.

SECTION 6. Effectivity Clause. - This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in at least two (2) newspapers of general.

Approved.