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Republic of the Phitippines
HOUSE OF REPRESENTATIVES

FIFYEENTH CONGRESS
Second Regular Session

HOUSE‘BALL NO. 5402

lutroduced by Honorables ANGELO iB. PALMONES, KIMIS. COJUANGCO,
‘ANA CRISTINA S. GO, AGAPITO H. GUANLAO, RANDOLPH S. TING,
and SUSAN A. YAP

AN ACT
TO ESYABLISH THE PHILIPPINE DAM AUTHORITY, PROVIDING FUNDS
‘THEREFOR AND FOR OTHER PURPOSES

EXPLANATORY NOTE.

“The Philippines is battered by 20 or more typhoons each year causing flooding and destruction of
crops, infrastructures and other properties not 10 mention the loss of lives. One could sult
remember the damage caused by typhoon Ondoy about two years ago. On September 26, 2011
typhoon Pedring made landfall in Casiguran, Aurora with 130 kph winds and gustiness of 160
kph, ft brought with it rains estimated at 15-25 mm per bour. With a diameter of about 650 hun it
covered must of the island of Luzon.

By September 29, 2011 typhoon Pedring was estimated to have affected more than 425,000
familics or about 2 M people, 1,563 barangays, 93 municipalities, 9 cities in 9 provinces in
Centrat Luzon and vicinity. Flood water was 3.6 m high and as of this date the estimated damage
to infrastructure and agriculture was P9.SB. Death toll was placed at 82 with 45 missing persons.

As Pedring was exiting the Philippine Area of Responsibility (PAR) typhoon Quicl came at its
heels muking its landfalf on October 1, 2011 packing winds of 150 kph and gustiness of 185 kph
‘The flood water brought by Pedring has not subsided when Quict contributed to the inundation
‘This was further compounded by high tide which prevented the water to drain into the Wes:
Philippine Sea, Quiel contributed to the death toll statistics and missing persons in addition We
damaged properties.

“These two weather events triggered in-flow of water into dams in Ambukiao, Binga und

San Roque, the last one receiving over flows from the nwo dams sbove it, The in-flow of water
into the San Roque dam brought the jevel of water in the reservoir beyond its Normal High
Water Level (NI{WL) of 280 m AMSL (mean sea level) and into the Maximum Surcharge Water
Level (MSWL) of 290 m AMSI. When this water level is exceeded the spillway gates ar:
opened to maintain 290 m AMSL., otherwise there is the pussibility that the reservoir walt will be
breached and the dam water will flow beyond control causing unimaginable damage
downstream,


The actual level of the San Roque dam did not actually reached the MSWI. of 290 m AMSL
stnce even before the landfall of Pedring the dam has been spilling water through its turbine.
With the eminent higher inflow of water into the dam the spillway gates were opened. The
already high thood waters in most of Pangasinan further rose This was complicated by te high
tide which prevented the flow of the water to the sea resulting in excessive flooding

While Pangasinan was reeling from the effects of flood waters Bulacan towns were equally
suffering from floods due to rains brought typhoons Pedring and Quiet.

In both instances, there has been a lot of finger-pointing ws to who is responsible for the
extensive flooding in Pangasinan and most of Central Luzon, The San Roque Dam managers
have been slammed for untimely release of water from the dam, National Power Corporation
(Napocor) criticized the National Water Resources Board (NWRB) for not allowing them to
release water from the Angat Dam, which he said could have prevented heavy flooding in
Bulacan during the onslaught of Typhoon Pedring last week. Meanwhile, an environment activist
group has been blaming the government of being irresponsible for not doing much to prevent
Aooding knowing that the impacts of climate change on the weather

The private group claims that “it is still the private corporations which decide when to release
water from the dams, This very important function should be at the government's bands but
because the large dams are privatized, the government could only monitor the dam water level
and then advice these corporations when 10 release water from the dam”

Meanwhile the local government of Bulacan blamed the release of water from 3 dams for the
floods in Calumpit. The dams arc [po Dam, Angat Dam, and Bustos Dam. The National Power
Corporation flood forecasting and warning system division manager, however, denied that it is
just the release of water from the dams that caused the massive floods. Water coming from
Nueva Ecija and Pampanga contributed to the rise in water level

The local governments of Pangasinan and Bulacan recommended to the President to review
flood-control protocols claiming that these arc outdated and inefficient. It is claimed that the
Ofive of the President is considering the creation of the Dam Authority in charge in the release
ol water from the dam.

To put order and systematize the release of reservoir water and to avoid loss of lives and
property there is an urgent need to pass this Act of creating a Philippine Dam Authority

ANGELO B. PALMONES i JANGEO
Repeschuative, AGHAM Panty List Represpntatie, 5” District of Pangasman

ANA CRISTINA 8. GO LAO
Representative, 2“ District of Isabela tative Party List
RANDO! S. TING SUSAN A.

Represenfafive, 3° District of Cagayan Representa istrict of Tariac


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

HOUSE BIBL NO._5402

Introduced by Honorables ANGELO B, PALMONES, KIMES. COJUANGCO,
ANA CRISTINA S. GO, AGAPITO H, GUANLAO, RANDOLPH S. TING.
and SUSAN A. YAP

AN ACT
TO FSTABLISH THE PHILIPPINE DAM AUTHORITY, PROVIDING FUNDS
‘THEREFOR AND FOR OTHER PURPOSES

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

SECTION |. Tite - ‘This Act shall be known as the Philippine Dam Authority Act of 2011

SECTION 2. Statement of Policy and Objectives ~ \t is the policy of the State to protect life, and
property and promote the general welfare of the people which are essential in the enjoyment of
the blessing of democracy through the provision of timely, clear, comprehensible dissemination
of flood warning to proper authorities. It is the purpose of this Act to establish an Authority to
sationalize and unify the management of dams, improve and strengthen the organization and be
responsible for the dissemination of information and wasning of impending discharge of dam
water, improve its manpower for a better detivery of its services to the nation.

SECTION 3. Creation of the Philippine Dam Authority The Philippine Dam Authority, hercin
referred to as Authority, is hereby created in accordance with the provisions of this Act

SECTION 4. Jurisdiction of the Authority — The authority shall have jurisdiction over the
management, supervision, and regulation of all dams in the Philippines.

SECTION 5. Powers and functions of the Authority To be able 10 discharge its mandates the
Authority shall have the following duties and functions:

1) Maintain in proper operating conditions all dams in the country

>

Establish and maintain in each of the dams a Flood Forecasting and Warnt
Dam Office

Determine the inflow of flood water into the dam

w

4

Monitor the level of water in the dam and when a telemetered forecasting system is an
place coordinate with the Philippine Atmospheric, Geophysical, Astronomical Services
Administration (PAGASA) in the monitoring of water fevel in the dam


$

Review and revise flood forecasting and warming systems protocol in all of the existing
and (uture dams that will be subsequently established

6) issue flood warnings to concerned authorities in affected areas

7) Issue warnings of impending opening of spillway gates when there is a need to open the

same

8) Perform other functions needed to ensure the safety of fives and property of the affected

people in accordance of the provisions of this Act

SECTION 6. Structural organization - The Authority shall be under the admimstrative
supervision of the Department of National Defense (DND). It shall consist of the offic: of the
Director-General who shall be assisted by a Deputy-Director for Operations and a Depuy-
Director for Administration, The Director of the Office of Civil Defense (OCD) shall be Ex-
Officio Director-General of the Authority

‘The Director-General of the Authority shall have the authority and responsibility to determine
and establish functional offices for Operations and for Administration, ‘The Director-Cieneral
shall be authorized to prescribe the qualifications for the offices of deputies-director general

Fach dam shall have an on-site Flood Forecasting and Waming System Dam Office (FFWSDO).
‘The FFWSDO of the National Power Corporation (NPC) or its equivalent under othe: offices
shall be transferred to the Authority. All existing personnel, records and budget shall likewise be
transferred to the Authority.

SECTION 7. Functions, personnel complement and compensation of the Flood Forecasting and
Wurnng System Dam Office - The FFWSDO shait be beaded by a Flood Operations Manager
whose office shall have rank of a Director. The qualifications for the Flood Operations Manager
and other personnel off the FEWSDO shall be determined by the Director-General. The
personnel complement of the FFWSDO shall be determined by the Authority. The compensation
of the officers and employces of the FFWSDO, as well as those of the other offices of the
Authority, shal! be in conformity with prescribed national compensation for government officials
and employees but without reducing the present compensation of existing employees.

The FFWSDO shall have the following functions and duties
1) Responsible for any flood operation and dissemination of flood warnings to target areas

2) Recommends appropriate actions to be taken with respect to water discharge from the
dam based on the analyses of hydrological data to the Director-General who shall be the
final authority responsible, in coordination from PAGASA, for giving the order to open
and close dam spillway gates

3

Coordinates with other agencies disseminating dam discharge warnings and flood
warnings

4) Communicates with local officials and heads of agencies in the target areas

5) Recommend to higher authorities changes‘tevisions in the flood warning and discharge
warming protocols

6) Performs other functions necessary for the safety of target areas


SECTION 8. Coordination with other agencies regarding dam operation and water allocation ~
The Authority shall have full and unqualified authority over the management operation of dams,
Government or private corporations making use of dams for their operations shall upon the
passage of this Act enter into an agreement with the Authority on the use of the dam. ‘The
Authority shall work with the National Water Resources Board (NWRR), the National Warer and
Sewerage System (NWSS), the National Irrigation Administration (NIA) and other agenows
which have responsibility in the allocation of water resources on the allocation of water
Tesources in normal times, In times of emergency such as but not limited to presenve of typhoons
or discharge of water from the dam, it shall be the sole responsibility of the Authority to decide
‘on the use of the water in the dam.

The Authority shall continue to coordinate with PAGASA with respect 10 the monitoring of
water levels of dams and the latter shall continue to provide recommendations on flood
forecasting and warning,

SECTION 9, Funding support for this Act ~ The funds currently allocated to the FFWSDOs shall
be transferred to the Authority, Additional funds needed for the creation of the Authority shall
come from the funds of the Office of the President and thereafter shall come from the annual
appropriations of the Department of National Defense

SECTION 10, Jmplementing Rules and Regulations - The Deparment of National Defense in
coordination with other government agencies concemed shall issue the implementing rules and
regulations for the effective implemcotation of the Act.

SECTION 11, Separabiliy Clause - Af any part ot provisions of this Act are held
unconstitutional or invalid, other parts or provisions hereof which are not affected shall continue
in full force and effect,

SECTION 12. Repealing Clause ~ This Act repeals or modifies accordingly pertinent pros isions
of any law, decree, rules and regulations, executive orders or proclamations or parts thereof
which are inconsistent with the provisions of this Act

SECTION 13, fffectivty — This Act shall take effect immediately upon compliance with existing

tegulations on publication.

Approved