Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18'") CONGRESS
First Regular Session

539
HOUSE BILL NO.

Introduced by MAGSASAKA Partylist Representative
Argel Joseph T. Cabatbat

AN ACT ESTABLISHING THE NATIONAL COASTAL GREENBELT
PROGRAM, PROVIDING FUNDS THEREFOR, AND OTHER PURPOSES

EXPLANATORY NOTE

The bill entitled, "An Act Establishing the National Coastal Greenbelt
Program, Providing Funds Therefor, and for Other Purposes,” was first filed by
Rep. Rodel M. Batocabe in the 16" Congress and re-filed together with two (2)
other representatives in the 17" Congress.

This representation, through the filing of this bill, seeks to establish
measures which will resolve the negatively impactful outcome of natural disasters.
The last decade alone registered five (5) of the strongest, and perhaps the
deadliest, typhoons to ever hit the country since the 1950s. Most notable is the
lingering effects of the damages and losses caused by Yolanda (international
name Haiyan) in Eastern Visayas where, even five (5) years after, the people and
communities have yet to fully recover despite the outpouring of local and
international assistance.

1| Page


The archipelagic characteristic of the Philippines affords us with one of the
most biodiverse territories in the world. Having the fifth longest coastline puts
79% of our coastal provinces, or 64 out of 81, with a valuable resource in
fisheries, industrial ports, and tourism. However, it also results in high disaster
risk and hazard exposure which, in fact, placed the country at the top of the
Global Climate Risk Index in 2015. Furthermore, the impacts of climate change
continually threaten these coastal communities, making them constantly
vulnerable and susceptible to the devastating effects of harsh weather
phenomena.

The establishment of National Coastal Greenbelt Program aims to
strengthen the existing laws, improve policies and measures to ensure innovative
and viable programs which will promote, among others, beach forest protection,
mangrove rehabilitation, and sustainable management of such.

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

‘PH T. CABATBAT
ntative
MAGSASAKA Party-List

21 Page


COVOneRwWNKe

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18) CONGRESS
First Regular Session

HOUSE BILL NO.. Bs

Introduced by Hon. ARGEL JOSEPH T. CABATBAT

AN ACT ESTABLISHING THE NATIONAL COASTAL GREENBELT PROGRAM,
PROVIDING FUNDS THEREFOR, AND OTHER PURPOSES

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

Section 1. Title. — This act shall be known as the “National Coastal Greenbelt Act of
2019.”

Sec. 2. Policy. — The State shall ensure the protection of the rights of the people to
a healthful and balanced ecology. Consistent with the Climate Change Act of 2009
(R.A. No. 9729, as amended by R.A. No. 10174), the State shall encourage the
participation of the national government, local governments, businesses, non-
government organizations, local communities and the public to prevent and reduce
the adverse impact of climate change. The State shall also recognize that climate
change and disaster risk reduction and management are closely interrelated. The State
shall incorporate a gender-sensitive, pro-children and pro-poor perspective in all plans
of disaster risk reduction and management. These principles shall be further integrated
into climate change programs and initiatives. Taking into account the effects of climate
change and the need to conserve and develop the conditions of our environment, the
State shall take appropriate measures to protect the lives and property of the people
from the impacts in coastal areas of typhoons, tsunamis and similar natural events.

Sec. 3. Definition of Terms.

1|Page


Ceavaneune

1
12
13
14
15
16
7
18
19
20
21
22
23
24
25
26
27
28
29

31
32
33
34
35
36
37

39

41
42

. Coastal Greenbelts — A strip of natural or planted coastal vegetation,

stretching at least 100 meters in width from the sea towards land,
primarily of mangrove and beach forest species, which are designed to
prevent coastal erosion, and mitigate the adverse impacts of natural
coastal hazards on human lives and property.

. Designated Area for Coastal Greenbelts — Site specific stretch of

vegetation in areas with abandoned fishponds required the reversion of
these fishponds to mangroves through natural regeneration or
replanting with locally appropriate species. Designated areas with illegal
structures (such as breakwaters, permanent residential/commercial
structures, and the like) require removal of such structures.

» National Coastal Greenbelt Action Plan (NCGAP) — The operational plan

that shall serve as the guide for the Local Greenbelt Action Plan (LCGAP).
It shall contain the implementing guidelines on how to go about Section
4 of this Act.

i. Local Coastal Greenbelt Action Plan (LCGAP) — The local action plan shall

be based on the NCGAP. It shall contain the specific goals and targets
for the implementation of the program set in the NCGAP.

Sec. 4. National Coastal Greenbelt Action Plan (NCGAP).— The Climate Change
Commission shall, within six (6) months, identify and convene all national agencies
responsible for foreshore management, mangrove and beach forest protection and
utilization, coastal land and sea-use planning, coastal tourism development, social
welfare of coastal communities, and other relevant mandates, to prepare an integrated
National Greenbelt Action Plan (NCGAP).

The NCGAP shall, at the minimum, contain the following:

2IPage

a. Spatial representation, or if feasible, quick/rapid inventory of the status

of coastlines and foreshores, including the status of mangroves, beach
forests, settlements, structures and fishponds within 100 meters therein;

.. Assessment of priority area to be declared as coastal greenbelts, for each

coastal province, city and municipality, to protect by means of
mangroves and beach forests, based on vulnerability to storm surges,
waves, tsunami and the like. The action plan shall indicate that the
assessment of priority areas shall be completed within twelve (12)
months from the adoption of the NCGAP;

;. Designation of priority areas for coastal greenbelts that are already

included as either a protected area under the National Integrated
Protected Areas System (R.A. No. 7586), or as a fish refuge or sanctuary
under the Fisheries Code of 1998 (R.A. NO. 8550), or as local marine
Protected area as may be declared by municipalities and cities through


wCarvranewne

te
12
13
14
15
16
7
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39

41
42

ordinances. The designation shall be completed within six (6) months
from the completion of the assessment. Designation shall also be done
through a proposal to the appropriate agency, municipality or city as
may be deemed necessary. If an area sis designated as a priority area,
no structure shall be allowed in the said area unless it is approved by
the DENR or BFAR, as may be appropriate;

d. Operational plan for the rehabilitation, reforestation or afforestation of
designated priority coastal greenbelts with ecologically appropriate
mangrove and beach forest species, not less than 100 meters minimum
target area of twenty percent (20%) of the designated priority areas in
the first five (5) years for maximum protection of the most vulnerable
communities in the city or municipality. The remaining priority areas
must be completed within ten (10) years, the designation of the priority
area;

e. Operational Plan for the reversion of all abandoned fishponds to
mangroves through natural regeneration or replanting with locally
appropriate species. The NCGAP shall indicate that the identification and
recovery of possession from the delinquent fishpond lease agreement
holders shall be completed within twelve (12) months from the adoption
thereof. All fishpond areas to be reverted to mangroves shall form part
of the minimum target for the first year of implementation of the Action
Plan

f. Operational Plan for the removal of illegal structures (such as
breakwaters, permanent residential/commercial structures, and the
like), in the identified priority coastal greenbelts. The NCGAP shall
indicate that the declaration of and notice to persons responsible for
removal of illegal structures shall be completed within twelve (12)
months thereof. The removal of illegal structures in and start of
rehabilitation, reforestation or afforestation of these areas shall form
Part of the minimum target for the first year of implementation of the
Action Plan;

g. Monitoring and evaluation plan, with quantitative and qualitative targets
consistent with (d), (e), and (f) above, appropriate indicators and
reasonable means of verification. The plan shall become an integrated
part of the Action Plan and Annual Report to Congress.

The Climate Change Commission (CCC) shall be responsible for consolidating the
NCGAP not later than twelve (12) months from the date this Act takes effect.

Sec. 5. Key Implementing Agencies. — The following agencies shall take the lead

in implementing components of the Program and Action Plan that are relevant to their
mandates:

31Page


wCarvaueswne

1
12
13
14
15
16
7
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39

a. The Climate Change Commission (CCC) shall be responsible for the
congregation of relevant government agencies, facilitation of public
Participation in the preparation of the NCGAP, integration of the NCGAP
into the Local Action Plans including the power of approving putting up
necessary structures in the Designated Areas, and the preparation of the
integrated report to Congress especially with regard to the expenditure
of the appropriation and other pertinent matters under Section 8 of this
Act;

b. The Department of Environment and Natural Resources (DENR), through
its relevant offices, shall be responsible for the (a), (b), (c), (d) and (f)
of Section 4 of this Act in line with existing laws and mandates, and it
shall provide the CCC all relevant information to aid in the monitoring
and evaluation of the NCGAP. In particular, the DENR shall identify the
Designated Areas that will need to be expropriated by the government
and to recommend the expropriation plan to the CCC.

c. Bureau of Fisheries and Aquatic Resources (BFAR) of the Department of
Agriculture (DA) shall coordinate with DENR for (e) in Section 4 above
all the Operational Plan that provides for the reversion of all abandoned
fishponds to mangroves through natural degeneration or replanting with
locally appropriate species in the line with existing laws and mandates,
and it shall provide the CCC all relevant information to aid in the
monitoring and evaluation of the NCGAP;

d. The Department of Interior and Local Government (DILG) through its
relevant office, shall provide the technical guidance for provinces, cities
and municipalities to develop Local Coastal Greenbelt Action Plans,
design and implement community-based and ecologically appropriate
rehabilitation, reforestation and afforestation programs, and monitor
and evaluate their programs. In particular, the Local Inter Agency
Committee (LIAC) shall coordinate with the Local Government Unit in
implementing the action plans.

In addition, the National Housing Authority (NHA) shall provide appropriation for the
relocation of the families or individuals who will be affected by the Designated Areas.
The other agencies that participated in the preparation of the Action Plan shall
implement their commitments, as provided therein. The actions required of
implementing agencies are immediately executable based on the agreed National
Coastal Greenbelt Action Plan, and on their existing mandates, programs or budgets
that are aligned with the Action Plan, without need for formulating implementing
guidelines, rules and regulations for this Act.

4|Page


wavaurwne

1
12
13
4
15
16
7
18

20
2
22
23
24
25
26
27
28
29

31
32
33

35
36
37
38
39
40
a1

Sec. 6. National Technical Advisory Committee. — The Climate Change
Commission shall convene a National Technical Advisory Committee (NTAC) composed

of:

b.

. A technical representative from the Climate Change Commission
(CCC)

A technical representative from the Department of Environment and
Natural Resources (DENR)

:. A technical representative from the Bureau of Fisheries and Aquatic

Resources (BFAR)

|. Two (2) known experts in mangroves and beach forest ecosystems,
Oceanography or other related disciples

. A representative from a non-government organization or a people's
organization that demonstrates capacity to promote the public
interest and with identifiable leadership, membership and structure
that has been actively involved in mangrove research and has
Produces actual publication in mangrove research as among the
criteria that shall be set by the DENR, BFAR and CCC.

The National Technical Advisory Committee shall provide scientific guidance in the
design, implementation and evaluation of actions under the NCGAP. The experts shall
serve in the Committee without compensation but may be reimbursed for basic
expenses to attend meetings and prepare technical reports.

Sec. 7. Local

Coastal Greenbelt Action Plan. — Each coastal municipality and city

in the identified priority coastal greenbelt areas in the Action Plan shall prepare a Local
Greenbelt Action Plan (LCGAP) to facilitate the implementation of mandated actions in
the NCGAP. The roles of the municipality or city, as provided in the local LCGAP shall

be to:

. Facilitate the implementation of the mandates of the national
agencies under Section 4, by providing local data and other
supporting measures;

b. Implement complimentary programs to assist the local communities

S|Page

and local businesses that are affected by the actions under Section
4, such as relocation sites with basic services such as livelihood and
transportation programs, zoning or re-zoning of the priority coastal
greenbelt areas, as appropriate, and the like;

. Provide the actual inventory of affected families in Designated Areas
and to ensure that a just and humane process of relocation done

|. Lead in the actual implementation of rehabilitation, reforestation and
afforestation, through the coastal barangays;


weanVvnnawne

1
12
13
14
15
16
7
18
19
20
2
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41

e. Integrate the identified coastal greenbelts in the Comprehensive
Land-Use Plan;

f. Provide data and qualitative feedback to the Key Implementing
Agencies, as may be relevant.

The provincial government shall provide the technical and budgetary support to
component coastal cities and municipalities sharing a common priority coastal
greenbelt area.

Sec. 8. Enforcement Actions. —

a) In addition to the penalties provided under existing law, any person
who obstructs the DENR in the removal of illegal structures, or BFAR
in the process of reversion of abandoned fishponds, shall be liable to
that agency for an administrative fine of fifty thousand pesos
(P50,000) per day that the agency is prevented from performing its
function.

b) No structures shall be built within the identified coastal greenbelts
without a permit from DENR or BFAR, consistent with their mandates.
Any person who violates this prohibition shall be liable to the agency
for an administrative fine of fifty thousand pesos (P50,000) per day
from the time the structure was built until its removal.

c) Proceeds from the administrative fines under this Section shall be
retained by the agency imposing such fines and used exclusively for
the implementation of its mandate under this Act.

d) Legal actions filed in the exercise of rights and enforcement of
obligations under this Act shall be covered by the Rules of Procedure
for Environmental Cases.

Sec. 9. Appropriations. — The Key Implementing Agencies shall draw from their
existing programs and budgets to implement their responsibilities under the Action
Plan, and through the People’s Survival Fund, where appropriate, subject to additional
funding in the annual national appropriations, to meet the targets agreed in the Action
Plan.

Sec. 10. Annual Report to Congress. — The Key Implementing Agencies shall
report to Congress on their progress in meeting the quantitative and qualitative targets
under Action Plan for each fiscal year. The reports shall be consolidated by the Climate
‘Change Commission for the presentation to the appropriate Committee in Congress at
a meeting called for the purpose.

6 [Page


Rwne

Sec. 11. Effective Date. — This Act shall take effect fifteen (15) days after publication
in the Official Gazette and in two (2) national newspapers of general circulation.

Approved,

T\Page