Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL'NO. 492

Introduced by Representative Stella Luz A. Quimbo

AN ACT INSTITUTIONALIZING A 10-YEAR MASTERPLAN FOR FLOOD
MANAGEMENT, INCREASING PENALTIES FOR VIOLATIONS OF
ENVIRONMENTAL LAWS, APPROPRIATING FUNDS THEREFOR,

AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Due to its geographic location, the Philippines is often considered as one of the most
susceptible countries to disasters. The World Economic Forum ranked the Philippines 8"
out of 181 countries in disaster risk in 2021, with a World Risk Index of 21.39." This ranking
went as high as 3° in 2018, with a World Risk Index of 25.14. The country consistently
scores high in the components of the World Risk Index, namely, Exposure, Vulnerability,
Susceptibility, Coping, and Adaption to disasters. Both the statistics and lived experience
have shown that the country is ill-equipped to deal with natural disasters, despite their
frequent occurrences.

Amongst the most common natural disasters that the Philippines experiences are of the
meteorological type, in particular typhoons and the subsequent flooding they bring about.
‘An ADB study stated that over 80% of the natural disasters experienced by the Philippines
in the last half-century meteorological in nature? Indeed, from 2010 to 2019,
meteorological disasters posted the highest number of major incidents, at 120.°

These events can and often occur within close proximity with one another. In November
2020, for example, a series of typhoons hit the country, killing and injuring hundreds of
Filipinos, displacing thousands of victims, and destroying millions-worth of properties.
Typhoon Rolly, eventually joined by Typhoon Quinta, wreaked havoc in the Bicol Region,
with Signal No. 5 raised in Albay and Camarines Sur provinces. As expected, their rivers
overflowed and flash floods were the result.

Two weeks after, Typhoon Ulysses brought massive destruction and inundated provinces,
cities, and towns in Luzon. Flood levels were unusually high, and lethal, with some areas
still under water even after the typhoon was well beyond the Philippine area of
responsibility. Most notably, in Marikina City, Pasig City, and the provinces of Rizal,

World Risk Report 2021
Public Spending, and © Destructiot e Study of the Philippines {adb.org)
ural Extreme Events and Disasters Amounted to PhP 463 Billion | Philippine Statistics



Cagayan, and Isabela, people were forced to climb up the roofs of their houses and await
rescuers. Worse, some drowned during the onslaught.

After the weather calmed and the floods subsided, evacuees returned to their homes
which fay in shambles, to find their hard-earned properties destroyed, their livelihoods
uprooted. Some do not even know how to begin the proves of recovery or where to get
pecuniary assistance to rebuild their lives

Perhaps the worst of it is that such tragedies could have been avoided with proper
mitigation measures in place. Over a decade after Typhoon Ondoy battered the
Philippines, we have failed to learn from our experience. Long-term reforms have to be
instituted now to build a disaster-resilient country. There is a need to institutionalize a long-
term masterplan for flood management. The government has to reverse the environmental
degradation that spurred these intense floodings. An institutionalized and comprehensive
plan, coupled with timely and adequately funded implementation, can realizes such an
objective, thereby saving lives.

The origin of these problems lies not only in natural processes. Human activities worsened
the climate that Filipinos experience now. A case in point is the continued unpermitted
quarrying and illegal logging at the Marikina Watershed. Since that protected area in Rizal
drains in the Marikina River, its ability or inability to hold water will translate to disastrous
effects in low-lying areas like Marikina City. The destructive activities reported in the
Watershed have literally shaved off its trees thus, large volumes of waters from upstream
flow mercilessly to the lowlands. This behooves Congress, as a representative of disaster-
stricken Filipinos, to increase penalties against these violations as a means to provide the
law more teeth in curbing the illegal activities.

To prevent further deaths and damage to property, the necessary flood management
infrastructure must also be constructed. Because of the continued degradation of natural
land features such as the Sierra Madre and the Marikina Watershed that lessens its
capacity to protect those in the lowlands, artificial structures like dams and retention basins
are needed alongside environmental restoration for our improved resilience to natural
disasters. Such multi-year projects that meet international standards have to be
institutionalized to ensure expedient, efficient, and continued implementation spanning
successive administrations.

To materialize, these infrastructure projects have to be adequately funded. The country
must take advantage of its credit rating, financial expertise, and economic potential to
ensure sufficient funding for the programs under the Masterplan. One life lost to flooding
is one too many as the Filipino life is priceless. To avert losses and prevent ever more
deaths, willed and aggressive financing has to take place so that the Masterplan can
succeed

In view of the foregoing, and the urgency of the climate crisis, the expedient passage of
this bill is earnestly sought.

STELIA LUZ A. QUIMBO, PhD
Representative
Second District, Marikina City


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

HOUSE BILIWO. 492_

Introduced by Representative Stella Luz A. Quimbo

AN ACT INSTITUTIONALIZING A 10-YEAR MASTERPLAN FOR FLOOD
MANAGEMENT, INCREASING PENALTIES FOR VIOLATIONS OF
ENVIRONMENTAL LAWS, APPROPRIATING FUNDS THEREFOR,

AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “Flood Management Act of
2022"

SECTION 2. Declaration of Policy. - Itis hereby a declared policy of the State to uphold
the constitutional rights of people to life and property by identifying and addressing the
main causes of vulnerabilities to disasters and reinforcing the institutional capacity of
the country to withstand calamities.

Furthermore, it is the policy of the State to provide necessary public goods, like flood
control infrastructure, to curb the water-related risks that come from natural disasters.

SECTION 3. Establishment of a National Flood Management Masterplan - There is
hereby established a National Flood Management Masterplan. Within two (2) months
from the effectivity of this Act, the Infrastructure Committee of the National Economic
and Development Authority (NEDA) Board is hereby directed to review and assess the
current Flood Management Masterplan for Metro Manila and Surrounding Areas (the
“Masterplan’) approved by the NEDA board in 2012 and identify targets and reforms,
as needed, for the purpose of ensuring its expedient and efficient implementation

The Committee is likewise directed to expand the Masterplan to cover other areas of
Luzon, Visayas, and Mindanao.

SECTION 4. Inter-Agency Task Force for Flood Management. - There is hereby
created an Inter-Agency Task Force for Flood Management (the “Task Force") which
shall ensure oversee the implementation of the adopted Masterplan and coordinate
the programs and activities of its member-agencies.

The Task Force shall be headed by the NEDA Director General as Chairperson, with
the Secretary of Public Works and Highways, Secretary of Environmental and Natural
Resources, Chairperson of the National Commission in Indigenous Peoples, Director
of the University of the Philippines Diliman-National Institute for Geological Sciences,


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‘Administrator of the Philippine Atmospheric, Geophysical and Astronomical Services
‘Administration (PAGASA), and the chief executives of concerned LGUs as members

The Task Force is hereby directed to coordinate with national government agencies
and local government units for the efficient implementation of the Masterplan. It shall
also submit an annual report to the Oversight Committee referred to in Section 12
hereof regarding the status of the structural and non-structural interventions in the
Masterplan.

SECTION 5. Duties and Functions of the DPWH. - The Department of Public Works
and Highways (DPWH) is hereby designated as the lead implementing agency of the
Masterplan. As such, it shall

a.) Implement the Masterplan immediately after the NEDA Board Infrastructure
Committee has established the same;

b.) Propose a budget for the implementation of the Masterplan, in coordination with
the Task Force:

c.) Submit a quarterly report to the Task Force regarding the progress of the
implementation of the Masterplan; and

d.) Coordinate and consult with concemed agencies, including but not limited to
the Department of Environment and Natural Resources (DENR) and PAGASA,
regarding complementary activities within the purview and the technical
expertise of the said agencies which are necessary for the effective
implementation of the Masterplan

SECTION 6. Panel of Experts. - The Task Force shall engage a panel of international
and local experts for technical support and to ensure that projects implemented under
the Masterplan adhere to international quality standards.

SECTION 7. The Increased Penalty for illegal Quarrying. - Section 108 of Republic
Act No. 7942 is hereby amended to read as follows:

“Section 108. Violation of the Terms and Conditions of the Environmental
Compliance Certificate. - Any person who wilffully violates or grossly neglects
to abide by the terms and conditions of the environmental compliance certificate
issued to said person and which causes environmental damage through
pollution OR QUARRYING shall suffer the penalty of imprisonment of six (6)
months to FOR A MINIMUM OF SIX (6) YEARS TO A MAXIMUM.
OF TWELVE (12) YEARS of AND afine- 00}
toTwi 290,000-00}—or-beth, FIVE HUNDRED
THOUSAND PESOS (P500,000.00) TO FIVE MILLION PESOS
(P5,000,000.00), at the discretion of the court.”

Section 77 of Presidential Decree No. 705 is hereby amended to read as follows:

“SECTION 77. Cutting, Gathering and/or collecting Timber, or Other Forest
Products Without License. - Any person who shall cut, gather, collect, removed
timber, or other forest products from any forest land, or timber from alienable or
disposable public land, or from private land, without any authority, or possess
timber or other forest products without the legal documents as required under
existing forest laws and regulations, shall be punished with the penalties

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imposed under Articles 309 and 310 of the Revised Penal Code AND A FINE
OF AT LEAST FIVE HUNDRED THOUSAND PESOS (P500,000.00) BUT NO
MORE THAN TWO MILLION PESOS (P2,000,000.00): Provided, That in the
case of partnerships, associations, or corporations, the officers who ordered
the cutting, gathering, collection or possession shall be liable, and if such
officers are aliens, they shall, in addition to the penalty, be deported without
further proceedings on the part of the Gommmission-on BUREAU OF Immigration
and Depertation.

Xxx"

SECTION 8. Exclusive Authority to Issue Permit to Quarry. - Notwithstanding any law
to the contrary, the DENR is hereby granted the exclusive authority to issue and revoke
permits to extract sand, gravel, and other quarry resources.

SECTION 9. Authority of the President to Suspend the Requirements for National and
Local Permits, Licenses and Certifications, and to Streamline and Expedite the
Process for the Issuance thereof. - Notwithstanding any law, decree, order or
ordinance to the contrary, the President shall have the authority to:

(a) Accelerate and streamline regulatory processes and procedures for
applications for permits, licenses, clearance, certifications or authorizations for
constructing flood management infrastructures, including fixing or shortening
the periods provide under existing laws, regulations, issuances, and
ordinances; and

(b) Suspend or waive the requirements in securing such permits, licenses,
clearance, certifications or authorizations

SECTION 10. Upgrading the Salary of Forest Rangers. - The entry level salary of the
forest ranger position shall be at Salary Grade 18.In coordination with the Department
of Budget and Management, the DENR shall create additional positions where
augmentation of its enforcement manpower is necessary.

SECTION 11. Creation of an Oversight Committee. - For this purpose, Congress shall
establish a Joint Congressional Oversight Committee composed of four (4) members
of each House to be appointed by the Senate President and the House Speaker,
respectively. This Committee shall determine whether such acts, orders, rules, and
regulations are within the restrictions provided herein

SECTION 12. Appropriations. - The corresponding amount required for the
construction and maintenance of flood management infrastructure nationwide
pursuant to the Masterplan shall be appropriated on a multi-year basis and included
in the General Appropriations Act each year following the effectivity of this Act.

The DPWH may also tap the Official Development Assistance (ODA) of the
Philippines’ Donor countries and institutions for concessional loans on a long-term
repayment basis for additional funding as needed to implement the provisions of this
Act.

SECTION 13. Implementing Rules and Regulations. - The NEDA and DPWH shall,
within sixty (60) days after the effectivity of this Act, formulate the necessary rules and
regulations for its effective implementation.


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SECTION 14. Separability Clause. - If any provisions or part of this Act is held invalid
or unconstitutional, the remainder of the law or the provision not otherwise affected
shall remain valid and subsisting.

SECTION 15. Repealing Clause. - Section 138 of Republic Act No. 7160, otherwise
known as the “Local Government Code of 1991”, is hereby amended insofar as the
provision thereof is inconsistent with this Act.

All other laws, decrees, executive orders, letters of instruction, administrative orders,
rules, or regulations contrary to or inconsistent with the provisions of this Act are
hereby repealed, modified, or amended accordingly.

SECTION 16. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in at least (2) newspapers of general circulation.

Approved,