Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2926

Introduced by: REP. TOBIAS “TOBY” M. TIANGCO

EXPLANATORY NOTE

It has been a declared policy of the State “to ensure the rational and sustainable
development, management and conservation of the fishery and aquatic resources in the
Philippine waters”. Under Section 16, Article | of Republic Act (R.A.) No. 8550, the
municipal or city government shall have jurisdiction over municipal waters.

The Manila Bay has been the gateway to our political, economic and social center
It is bordered by coastal cities of the National Capital Region or NCR (Manila Pasay,
Paranaque, Las Pinas, and Navotas), and the coastal provinces of Bataan, Pampanga,
Bulacan in Region 3, and Cavite in Region 4. These cities and municipalities are thus
mandated to administer and conserve the waters within their jurisdiction. Consistent to
this, it becomes inevitable that varying and inconsistent policies will be implemented
Fisherfolks are thus subjected to several rules and procedures to have access to the
Manila Bay

In Metropolitan Manila Development Authority v. Concerned Citizens of the
Philippines, the Supreme Court issued a writ of continuing mandamus that is aimed to the
protection and preservation of the Manila Bay. The desire to restore the Manila Bay to its
beauty and cleanliness will only be feasible if all government agencies, cities and
municipalities exercising governmental functions over Manila Bay will be governed by
single rules, policies and procedures. This is to ensure consistency and efficiency in the
adoption and implementation of programs.

In 2014, R.A. 8550 was amended by R.A. 10654. Despite the remarkable
amendments in the law, the perceived problem on exercise of jurisdiction of several
municipalities and cities over the Manila Bay was not addressed. Under Section 127,
Chapter Vit of R.A. 8550, the Congress of the Philippines shall undertake a mandatory
review of the Code at least once every five (5) years and as often as it may deem
necessaty, to ensure that fisheries policies and guidelines remain responsive to changing
circumstances.

Following the above disquisitions, the amendment of the law is timely and more
appropriate. To address the gaps and challenges in the current law, it is proposed that


the administration, supervision and conservation of the Manila Bay be entrusted to the
Manila Bay Management Council (MBMC)

It is for these reasons that | seek the approval of this bill
/

“TOBIAS “TOBY” M. TIANGCO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

House BILL No. 2926

Introduced by: REP. TOBIAS “TOBY” M. TIANGCO

AN ACT
AMENDING CERTAIN SECTION OF REPUBLIC ACT NO. 8550, OTHERWISE
KWOWN AS THE PHILIPPINE FISHERIES CODE OF 1998, AS AMENDED, AND
CREATING THE MANILA BAY MANAGEMENT COUNCIL THEREOF

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

SECTION 1. Section 16 Article 1 on Municipal Fisheries of Republic Act No. 8550, as
amended, is hereby further amended, to read as follows:

“SEC. 16. Jurisdiction of the Municipal/City Governments. — x x x”

“xx

“The management of contiguous fishery resources such as bays which straddled several
municipalities, cities, and provinces, shall be done in an integrated manner and not based
‘on political subdivisions of municipal waters in order to facilitate their management as
single resource systems. The LGUs which share or border such resources may group
themselves and coordinate with each other to achieve the objectives of integrated fishery
resource management. The integrated Fisheries and Aquatic Resource Management
Councils (FARMCs) established under Section 76 of this Code shall serve as the venues
for close collaboration among LGUs in the management of contiguous resources|.}
PROVIDED, HOWEVER, THAT THIS PROVISION SHALL NOT APPLY TO THE
PROVINCES, CITIES OR MUNICIPALITIES BORDERING THE COASTAL WATERS OF
THE MANILA BAY AREA: PROVIDED, FURTHER, THAT THE MANILA BAY
MANAGEMENT COUNCIL (MBMC) CREATED UNDER THIS ACT SHALL HAVE THE
SUPERVISION AND CONTROL OVER THE MANILA BAY.”

SEC. 2. Creation of Manila Bay Management Council (MBMC). ~ There is hereby
established Manila Bay Management Council (MBMC) as the sole authority to manage,
control and supervise the Manila Bay. It shall be composed of the following


1. The Secretary of the Department of Agriculture (DA) or his duly authorized
representative;

2. The Secretary of the Department of Environment and Natural Resources (DENR)

or his duly authorized representative; and

The Chairperson of the Metropolitan Manila Development Authority (MMDA) or his

duly authorized representative.

The Governor of the Province of Bataan or his duly authorized representative

The Governor of the Province of Bulacan or his duly authorized representative

The Governor of the Province of Pampanga or his duly authorized representative

The Governor of the Province of Cavite or his duly authorized representative

2

Noon

The Office of the Director of the Bureau of Fisheries and Aquatic Resources
(BFAR) shall serve as the secretariat of the MBMC.

The MBMC shall have the following powers and functions:

1. Supervise, manage and control the Manila Bay with close coordination to the LGUs
encompassing it;

2. Formulate a unified policy for the protection, preservation and progress of the
Manila Bay, to support the goal of food sufficiency and food security;

3. Perform such other functions as may be necessary or proper to attain the
objectives of this Act.

SEC. 3. Appropriation. - The MBMC shall be provided with an initial appropriation of
Twenty million pesos (Php20,000,000.00) to be drawn from the national government.

SEC. 4, Implementing Rules and Regulations. - The Manila Bay Management Council,
in consultation and coordination with the DA, DENR, and MMDA shall promulgate the
implementing rules and regulations of this Act, within six (6) months from the effectivity of
this Act. Appropriations for the succeeding years shall be included in the General
Appropriations Act.

SEC. 5. Separability Clause. — If any portion of this Act is declared unconstitutional or
invalid, the portions or provisions which are not affected shall continue to be in full force
and effect.

SEC. 6. Repealing Clause.— Ali laws, decrees, executive orders and rules and
regulations or parts thereof which are inconsistent with this Act are hereby repealed or
modified accordingly.

SEC. 7. Effectivity. -This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in a newspaper of general circulation

Approved.