RECEIVED

HOUSE F REPRESENTATIVES

Republic of the Philippines aie

HOUSE OF REPRESENTATIVES | cee
Quezon City | BY!
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SEVENTEENTH CONGRESS REGISTRATION UNIT
BILLS AND INDEX SERVICE

HOUSE BILL NO, 1189

Introduced by Hon. Jesus N. Sacdatan, First District, North Cotabato

EXPLANATORY NOTE

The Mindanao River Basin or (MRB) for brevity , is the second largest river
system in the Philippines, with a total catchment drainage area of 21,053 sq.
kilometer. It is also the largest river system in the southern part of Mindanao,
encompassing four (4) regions, namely: Region X, XI, XII and ARMM.

The MRB is composed of Pulangi River in Bukidnon, Ala (Allah) River in South
Cotabato and Libungan River in North Cotabato. The Pulangi River with 1,500m
head water elevation emanating from the north of Bukidnon is joined by eleven (11)
tributaries which discharge to Liguasan Marsh in Maguindanao. The Ala (Allah)
River with a headwater of 1,600m elevation is joined by three tributaries and one (1)
lake that discharge to Ebpanan Marsh in Maguindanao/Cotabato City while Libungan
River discharges to Libungan Marsh and all excesses of these three (3) marshes are
exiting at Illana Bay. The Buayan-Malungon River Basin in Sarangani Province is an
allied river basin of MRB. The Ambal — Simuay River of Sultan Kudarat Province is
distinct and has a separate outlet to Ilana Bay, however, Ambal River may possibly
be joined with Nituan River in the future to regulate its flow into Simuary River.

In terms of climate condition, the MRB belongs to Type III under the Modified
PAGASA Classification, meaning seasons are not very pronounces and relatively dry
from November to April and wet during the rest of the year.



The MRB plays an important role in the socio-economic development as it
serves multi —purpose uses, such as irrigation, source of hydropower and
navigation . However the MRB is in problematic situation. The combined area of
Liguasan, Ebpanan and Libungan Marshes is 285,000 hectares. As a natural flood
retarding basin, during persistent heavy rainfall, its swelling could affect up to
350,000 hectares. The additional affected area of 65,000 hectares the flooded area
includes the 13,000 hectares in Cotabato City. The present situation of the three
marshes which received the waters from these river basins were reported to be
heavily silted, obstructed and lack the needed capacity to convey excess flood
waters and to flush out organic debris.

There have been programmatic interventions directed by the national leadership
to address the management and development of river basins in Mindanao, but these
intervention come and go with no permanency. To mention, there was the
Presidential Decree No. 1556 issued on June 11, 1978 implementing the Cotabato
—Agusan River Development Program and Creating the Cotabato-Agusan River Basin
Program Office under the then Department of Public Works, Transportation and
Communication , but this Program was abolished. On September 29, 2008,
Executive Order No. 753, was issued, Creating the Presidential Task Force for
Mindanao River Basin Rehabilitation and Development, with a life of two (2) years
from its issuance. The Task Force had a mandate to address the flooding and
siltation of the major rivers and the Liguasan Marsh, providing for an institutional
mechanism to address the relief, physical and social rehabilitation and long-term
development of the MRB and its affected areas, but the Task Force was not able to
take off for some reasons or another.

Currently, initiatives are underway, undertaken by the Department of Public
Works and Highways with the Mindanao Development Authority serving as the
oversight institution, to provide an immediate and long-term intervention measures
for the Mindanao River Basin rehabilitation, and development. An MRB Integrated
Management and Development Master Plan (MRBIMDMP) was prepared in January


2012, Doable infrastructure projects are being implemented by the Department of
Public Works and Highways.

However, this representation believes that there is a need for a body clothed
with separate and distinct authority to manage and coordinate all efforts to address
the problematic situation of the Mindanao River Basin because its solution requires a
multi-disciplinary approach, to include, environmental, social, political/legal and
economic interventions.

This bill therefore seeks for the implementation of the Mindanao River Basin
Rehabilitation and Development Program and creating for this purpose, the
Mindanao River Basin Development Authority which will provide the overall
planning, management and coordinative services needed in the rehabilitation,
development and protection of the major rivers in the Mindanao River Basin.

Hence, in view of the foregoing, the immediate passage of this bill is earnestly
sought for.

A
REP. JESUS'N. SACDALAN


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City
SEVENTEENTH CONGRESS

House BILL No, _ 1189

Introduced by Hon. Jesus N. Sacdalan, First District, North Cotabato

AN ACT
IMPLEMENTING THE MINDANAO RIVER BASIN REHABILITATION AND.
DEVELOPMENT PROGRAM, CREATING FOR THIS PURPOSE THE MINDANAO RIVER
BASIN DEVELOPMENT AUTHORITY, DEFINING ITS POWERS AND FUNCTIONS, AND
PROVIDING FUNDS THEREFORE AND FOR OTHER PURPOSES

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

Sec 1. Declaration of Policy - It is hereby declared the policy of the State to
promote, and advance the proper development, control and utilization of the total
water resources of the country in order to bring about its accelerated and sustained
socio-economic development.

The Mindanao River Basin (MRB) encompassing four (4) regions, namely:
Region X, XI, XII and ARMM with its current and prospective uses of their combined
water resources are major determinants of the complex of human activities in the
regions it directly served, and eventually, in the country as a whole. Towards this
end, the State is duty-bound to ensure that the MRB and all its major rivers and
tributaries shall be restored back to its original form, and the State shall focus its
resources and capabilities to oversee the proper management of necessary and
workable interventions and programs on flood control, on environmental and
ecological protection, on socio-economic activities and on the legal —political aspects
of MRB utilization, development and control.

Sec 2. - Creation of Mindanao River Basin Development Authority - There is hereby
created the Mindanao River Basin Development Authority, also known as MRBDA,
which shall be responsible in the overall management, planning, coordination and
implementation of the Mindanao River Basin Rehabilitation and Development
Program initially contained in the MRB Integrated Management and Development
Master Plan (2012).

The Mindanao River Basin Development Authority (MRBDA) shall be attached to
the Office of the President. The MRBDA shall perform the functions of planning,
implementation, monitoring and evaluation and coordination, and in the process
shall exercise regulatory and supervisory authority in the execution of programs and


projects without diminution of the authority of the local government units concerning
matters granted to them under the Local Government Code.

All policies and programs, orders rules and regulations promulgated by the
MRBDA in relation to its regulatory and supervisory authority and all transactions
entered in the process of implementing the Mindanao River Basin Rehabilitation and
Development Program shall be subject to the approval of the President of the
Philippines.

Sec 3. Powers, Functions and Scope of Services of Mindanao River Basin
Development Authority (MRBDA) - The MRBDA shall have the following powers,
functions and scope of services:

a) Preparation/updating of the Mindanao River Basin Integrated Management
and Development Master Plan to focus on the rehabilitation of the silted
major rivers, the development of flood control master plan in the medium and
long term, interventions for watershed protection and management,
environment ana ecological condition in the MRB area and socio-economic
programs utilizing the raw materials proliferating on the majors rivers and
marshes.;

b}

Conduct or cause the conduct of engineering surveys, extent/level of siltation
and watershed condition of the major rivers and its river system/ tributaries,
for benchmarking purposes;

¢

Conduct or cause the conduct of regular assessment and monitoring of the
environment /ecological condition of the Mindanao River Basin, as well as the
conduct of socio-economic assessment of areas affected by the MRB;

d

Provide overall coordination function with the concerned national agencies ,
regional development councils local government officials and local
government tunctionaries, non-government development organizations in all
phases of program/project cycle, and for this function, to design/formulate
an effective coordinative mechanism;

e)

Conduct or cause the conduct of feasibility studies and the
preparation/development of program/projects proposals which could be
funded/proposed for funding by foreign financial institutions and or under the
public-private partnership;

f) Provide overall management (planning, monitoring and evaluation and
control) of all programs and projects and such other interventions for the
rehabilitation, protection, development and sustainability of the Mindanao
River Basin and shall be accountable for its effective and efficient
program/project implementation and fund management;

Report annually, or as required, to the President and Congress of the
Philippines of its activities including those in collaboration with various

9.


government and private entities engaged in the implementation of the
programs and projects. The report should highlight the contribution/impact
of the MRB interventions to the overall societal goal and sectoral goals of
development.

h) Perform such functions as may be necessary to carry out the provisions of
this Act.

Sec 4. Mindanao River Basin Development Authority Governing Body - The
Mindanao River Basin Development Authority shall be governed by the MRB Council
as its policy and decision making body to be composed of the following:

a) Secretary of Public Works and Highways

b) Director-General, National Economic Development Authority

c) Secretary of Environment and Natural Resources

d) Chairperson, Mindanao Development Authority

e) Secretary of Agriculture

f) Secretary of Interior and Local Government

g) Secretary of Finance

h) Secretary of Energy

i) Administrator, National Irrigation Administration

j) Secretary of Trade and Industry

k) Secretary of Social Welfare and Development

1) Chairperson of National Commission for Indigenous People

m) Regional Governor, ARMM

n) Provincial Governors of Maguindanao, North Cotabato, South Cotabato, Sultan
Kudarat, Bukidnon, Sarangani

0) City Mayors of Cotabato City, General Santos City, Koronadal City

p) 4 Representatives from the Private Sector

The members of the Mindanao River Basin Council shall be headed a
Chairperson to be elected from among its general membership. The Chairperson
shall be assisted by a Vice Chairperson who will also be elected by the general
membership. . After their election, the Chairperson and Vice Chairperson shall be
appointed by the President of the Philippines. Considering the large membership of
the MRB Council, an Executive Committee may be formed/organized to be composed
of 5-7 members to be elected from among the general membership.

The representatives from the private sector shall be appointed by the President
of the Philippines from among the lists of private sector representatives to the local
development councils of Region X, XI, XII and ARMM.

The members of the MRB Council may nominate a permanent representative to
the Council, provided the nominee shall be holding a permanent status with
decision-making capacity.


The members of the MRB Council shall serve for three (3) years. Members of the
MRB Council from the government sector shall receive allowances for actual
meetings attended, and reimbursement for actual expenses for travels,
accommodation and out-of-pocket expenses incurred in the performance of their
duties. The members of the MRB Council from the private sector shall receive an
honoraria and reimbursement of actual expenses for travel, accommodation and out-
of-pocket expenses incurred in the performance of their functions.

Sec 5. Functions of the Mindanao River Basin Council - The MRB Council shall be
the policy and decision-making body of the Mindanao River Basin Development
Authority (MRB). Specifically, it shall:

a) Approve the Mindanao River Basin Integrated Management and Development
Master Plan, its programs and projects in accord with the Philippine
Development Plan and the Mindanao Development Plan.

b) The MRB Council shall formulate and issues guidelines, rules and regulations
as may be deemed necessary in the efficient and effective execution by the
MRBRDA of the purposes under this Act;

Determine the rate of allowances, honoraria and other remuneration of the
members of the MRB Council to take effect during the term of the succeeding
Council, subject to the approval by the President of the Philippines;

@

d

Determine the organizational structure and staffing pattern of the Mindanao
River Basin Rehabilitation and Development Authority; subject to the approval
by the Department of Budget and Management.

e

Fix the compensation of the officers and personnel of the MRBRDA, and other
package of benefits,

f) Approve the annual budget of the Mindanao River Basin Development
Authority to be submitted to the Department of Budget and Management for
inclusion in the Annual National Expenditure Program.

Sec 6. Principal Office - The Mindanao River Basin Rehabilitation and Development
Authority shall have its Office in Koronadal City, South Cotabato, Region XII (the
regional center for Region XII ) for easy coordination and linkaging with concerned
national government offices. It may however, establish satellite offices in other
strategic places within the Mindanao River Basin network system when deemed
necessary for the efficient and prompt conduct of its activities.

Sec 7. Meetings of the MRB Council - The Mindanao River Basin Council shall hold
regular meeting once every three (3) months in its principal office or in any place
ime Council may choose to hold such meeting. When there are matters that need to
be acted upon by the Council and could not wait for the next Council meeting
schedule, the Executive Committee will be convened to deliberate on the issues and


concerns at hand, provided the decision of the Executive Committee shall be
submitted for ratification by the MRB Council.

Sec 8, Functions of the MRB Council Chairperson

a) Appoint, subject to the civil service laws, rules and regulations, all
subordinate officers and employees of the Mindanao River Basin
Rehabilitation and Development Authority, who shall enjoy security of tenure
and who may be removed only for cause in accordance with law. The MRB
Chair is hereby authorized to engage the services of experts/consultants
either on full time or part-time basis, as may be required in the effective
performance of the functions and duties.

b)

Negotiate and/or arrange with foreign and local financial institutions for the
funding of identified priority programs /projects both infrastructure and non-
infrastructure whether for its rehabilitation, protection and/or development.

2

Call upon any department, bureau, office, instrumentality or any political
subdivision of the Government for any assistance it may need in the
performance of its functions.

d) Preside the meetings of the MRB Council

e) Submit Annual Report of Operation to the President of the Philippines.

Sec 9. MRBRD Program Director - The Program Office shall be headed by a
Program Director who shall be appointed by the MRB Council thru its Chairperson
and shall serve until the completion of the Program, unless sooner removed from
office for cause in accordance with law. The Program Director shall be a natural-
born Filipino citizen, of legal age, of good moral character and with proven record of
competence in the field of administration and management of infrastructure,
agricultural, environment and other related program. The annual compensation of
the Program Director shall be equivalent to the rank of regional executive director in
national government agencies.

Sec 10. Functions of the Program Director - The Program Director shall exercise
the following powers and functions:

a) Manage the Program Office and formulate administrative rules and
procedures for its internal management, for consideration/approval by the
MRB Council

b) Directly coordinate and oversee the activities of the subordinate officers and
employees, work units and implementing national government agencies and
instrumentalities in the planning, implementation and monitoring of the
Program and its component projects.


c) Review and integrate the plans, programs, projects, and budget proposals for
the Program for consideration by the MRB Council and submit the same to the
Department of Budget and Management.

d) Serves as the Secretary to the MRB Council, and as such, keep records of all
Council meetings and deliberation.

e) Perform such functions as are inherently necessary in the operational
management of the Program office.

Sec. 11 - Role, Functions and Responsibilities of the Implementing National
Government Agencies and Instrumentalities - All designated national government
agencies and instrumentalities shall execute the planning and project components of
the program assigned to them and shall submit for approval by the MRB Council,
through the Program Director, their respective annual project plans, budget and the
corresponding work and financial plans within the Budget Call period of the
Department of Budget and Management.

Sec 12 - Sources of Funds and Operating Budget of MRBRDP - To carry out the
purposes of this Act, the amount of Five Hundred Million Pesos (P500,000.00) is
hereby authorized to be appropriated for the initial operation of the MRBRDA.
Thereafter, the annual expenditures including capital outlays of the MRBRDP shall be
provided in the General Appropriations Act.

The MRBRDP is likewise empowered to levy fines and impose fees and charges
for various services rendered,

Sec 13. - Repealing Clause - All laws, decrees, executive orders, rules and
regulations or parts thereof inconsistent with or contrary to the provisions of this Act
are hereby repealed or modified accordingly.

Sec 14, - Separability Clause — If any part or provision of this Act is held
unconstitutional or invalid, other parts or provisions thereof which are not affected
shall continue to remain in full force and effect.

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

Approved,