Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 653

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 and municipalities 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. Policies of one city may be more onerous and burdensome than the others.
One jurisdiction might be more proactive than the others. Fisherfolks are thus subjected to
several rules and procedures to have access to the Manila Bay

In Metropolitan Manila Development Authority v. Concemed 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, RA. 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 VII 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
necessary, 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 Aquatic Resources Management Council (MBARMC).


This bill has been approved in third reading by the 19" Congress. It is for these
reasons that | seek the approval of this bill.

TOBIAS “TOBY” M. TIANGCO
Representative
Lone District, Navotas City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 653

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

AN ACT
CREATING THE MANILA BAY AQUATIC RESOURCES
MANAGEMENT COUNCIL AND APPROPRIATING FUNDS
THEREFOR

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

SECTION |. Manila Bay Aquatic Resources Management Council. —
The Manila Bay Aquatic Resources Management Council, hereinafter referred
to as the “Council,” is hereby established as the sole authority to manage,
control and supervise the fisheries and aquatic resources of the Manila Bay.
The Council is composed of the following:

(a) Secretary of Agriculture, as Chairperson, or a duly authorized
representative with a rank not lower than Undersecretary;

(b) Secretary of Environment and Natural Resources, or a duly

authorized representative with a rank not lower than Undersecretary:


(©) Secretary of the Interior and Local Government, or a duly authorized
representative with a rank not lower than Undersecretary;

(d) Secretary of Human Settlements and Urban Development, or a duly
authorized representative with a rank not lower than Undersecretary:

(©) Secretary of Health, or a duly authorized representative with a rank
not lower than Undersecretary;

(f) Secretary of Public Works and Highways, or a duly authorized
representative with a rank not lower than Undersecretary;

(g) Secretary of Justice, or a duly authorized representative with a rank
not lower than Undersecretary;

(h) Chairperson of the Metropolitan Manila Development Authority, or
a duly authorized representative;

(i) Administrator of the Local Water Util

s and Administration, or a
duly authorized representative;

(j) Governor of the Province of Bataan, or a duly authorized
representative;

(k) Governor of the Province of Bulacan, or a duly authorized
representative;

(1) Governor of the Province of Pampanga, or a duly authorized
representative;

(m) Governor of the Province of Cavite, or a duly authorized

representative;


(n) Mayors of the cities and municipalities bordering Manila Bay, or
their duly authorized representatives;

(0) Commandant of the Philippine Coast Guard, or a duly authorized
representative; and

(p) Director of the Philippine National Police-Maritime Group, or a duly
authorized representative; as members.

SEC. 2. Powers and Functions. — The Council shall:

(a) Supervise, manage and control the fisheries and aquatic resources
of the Manila Bay with close coordination with the local government units
(LGUs) encompassing it;

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

(c) Regulate the business operations of fisheries related enterprises
operating in Manila Bay such as fish pens and fish farming; and

(d) Perform such other functions as may be necessary or directed by the
President of the Philippines.

SEC. 3. Secretariat. - The Office of the Director of the Bureau of
Fisheries and Aquatic Resources shall serve as the secretariat of the Council and
perform the following:

(a) Ensure meetings are effectively organized and recorded;


(b) Establish and maintain document management system to keep
records of the minutes, deeds, constitutions, terms of reference and other
documents;

(c) Manage effective communication and correspondence;

(d) Build and maintain effective relationships within the Council and
with other stakeholders; and

(e) Establish and maintain an online presence such as websites, social
media and other platforms.

SEC. 4. Appropriations. — The amount necessary for the initial
implementation of this Act shall be charged against the current year’s
appropriations of the departments and agencies concerned. Thereafter, the
funding of which shall be included in the annual General Appropriations Act.

SEC. 5. Implementing Rules and Regulations. — Within six (6) months
from the effectivity of this Act, the Council shall promulgate the rules and
regulations necessary for the effective implementation of this Act.

SEC. 6. Separability Clause. — If any provision or part of this Act is
declared unconstitutional or invalid, the remaining parts or provisions not
affected shall remain in full force and effect.

SEC. 7. Repealing Clause. — Section 16 of Republic Act No. 8550, as
amended, otherwise known as “The Philippine Fisheries Code of 1998,” is
amended to exempt the municipal waters of Manila Bay Area from the
jurisdiction of the municipal or city governments. All laws, decrees, executive

4


orders and rules and regulations contrary to or inconsistent with the provisions
of this Act are repealed or modified accordingly.

SEC. 8. Effectivity. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation.

Approved,