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

HOUSE OF REPRESENTATIVES

1665

House Bill No.

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

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 fulfilment 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 Il)

Approval of this bill is earnestly sought.

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Ny,
RUFUS B. RODRISUEZ

Wy

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES

i665
House Bill No. ibe

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

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 of 2010"

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
mgil); 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.

e. "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;

cc. 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. ETAIETS 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 shall 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,