THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
1 
S E N A T E  
S.B. No. 
22 
Introduced by Senator Jinggoy Ejercito Estrada 
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 implementing of enforcing 
environmental policies or laws, that of having a separate agency or authority, or that of 
anomalies (such as the titling of esteros and water channel areas, or tolerance of 
squatting). It may essentially by the lack of land use policy and plan by government. 
Declaring and establishing rivers, river system s, 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 11). 
Approval of this bill is earnestly sought. 
C_~ ) 
Senator 


THIRTEENTH CONGPESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
/’ 
1 
k ’  
- 1 1  
:I 3 
/’ 
/‘ 
..I 
- 
,- 
/‘ 
First Regular Session 
1 
S E N A T E  
22 
S.B. No. 
Introduced by Senator Jinggoy Ejercito Estrada 
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 and Waterways 
Ecological Zones Act of 2004”. 
SECTION 2. Declaration of Policy. - It is 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. 
SECTION 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 blood 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, ;.e. Department of Environment and Natural Resources (DENR). 
d. “Environmentally degraded means either of the following: 


The water quality has deteriorated such that the dissolved oxygen 
content (DOC) is zero; biochemical oxygen demand (POD) is more 
than one-hundred milligrams per liter (100 mgll); presence of toxic 
substance or heavy metals is above standards; or 
Heavily silted or filled up by sediment; absence of surface water 
flow; and erosion of river or waterway beds and banks. 
i i) 
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 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. 
SECTION 4. Purposes. - The primary purpose of this Act are as follows: 
a. 
b. 
C. 
d. 
To 
recognize and 
protect rivers 
and waterways 
as 
environmental resource critical to the ecological dimension of 
the lives of the people; 
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 
To establish the natural resource of rivers and waterways within 
the context of a national land and resource us planning and 
zoning, a long-awaited environmental protection and efficient 
resource utilization measure. 
SECTION 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 of Environmental Consequences (SEC) for small scale or 
househols\d endeavors as determined by the Environmental Management Bureau 
(EME ) of the Department of Environmental Natural Resources (DENR) 
SECTION 6. ProhibitedActs. - It is hereby declared unlawful for any person, 
natural or juridical to: 
a. Dump solid, toxic and hazardous waste or untreated for any person, natural 
or system or waterway; 
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 ETNETS or SEC 
e. Aid or conspire by way of commission or negligence in the perpetration of 
above-cited prohibited acts. 
SECTION 7. Penal Clause. Any person who violates any acts herein prohibited 
shall be punished by imprisonment of not less than six (6) years and one (I) 
day or 
more that eight(8) years, and a fine of not less than Ten thousand pesos (P10,OOO.OO) 
nor more than Twenty thousand pesos (P20,OOO.OO): 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. 
SECTION 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 b promulgated and issued 
by the Secretary of the DENR within ninety (90) days after the enactment of this Act. 
SECTION 
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 
SECTION I O .  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. 
SECTION 11. Repealing Clause. - Any law, decree, rule, regulation or other 
issuance or part thereof which is inconsistent with the provisions of this Act is hereby 
repealed, qmended or modified accordingly. 
SECTION 12. Effecfivify Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspaper of national circulation. 
Approved,