Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

nouse piLt.no._°61

Introduced by: “KUYA” JOSE ANTONIO R. SY-ALVARADO

EXPLANATORY NOTE

Art. 12 section 2 of the 1987 Constitution provides that the State shall protect the nation’s
marine wealth in its archipelagic waters, territorial sea, exclusive economic zone, and reserve its
use and enjoyment exclusively to Filipino Citizens.

As of this date, our country is facing ecological problems pertaining to the degradation of
rivers and waterways. It affected not only the public safety but also the economic opportunities for
the Philippines. These predicament can be mitigated or solved by establishing these bodies of water
as ecological zones. This measure will materialize the mandate of the Constitution to protect and
advance the right of the people to a balanced and healthful ecology.

‘The purpose of the bill is to establish rivers, coastal areas, and water ways as ecological
zones.

Hence, this proposal is respectfully submitted for consideration.

‘ONIO R. SY-ALVARADO.
Representative
First District of Bulacan

“KUYA” JOSE


Republic of the Philippines
HOUSE OF REPRESENTATIVE
Quezon City

SEVENTEETH CONGRESS
Second Regular Session

: 8061
House Bill No.

Introduced by Representative “KUYA” JOSE ANTONIO R. SY-ALVARADO

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

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, ie. Department of

Environment and Natural Resources (DENR);

d. "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 mg/l); 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.

£. "Environmental Impact Statement (EIS)" - refers to the document reflecting the
aims to identity, 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 (LES) 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;

c. Yo 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;

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. ETA/ETS 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 eight (8) years and one (1) day but not more
than ten (10) years, and a fine of not less than Twenty Thousand Pesos (P20,000.00) but
not more than Fifty ‘Thousand Pesos (P50,000.00): 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, hat 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. - ‘Vhe
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
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. Effe
publication in at le

fty Clause. - This Act shall take effect fifteen (15) days after its
{wo (2) newspapers of general circulation

Approved,