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ORDINANCE NO. 2026-012

AN ORDINANCE DECLARING NAGA CITY AS A FLOOD MANAGEMENT ZONE AND THEREBY REQUIRING THE ADOPTION OF MEASURES, SCHEMES, AND STRATEGIES THAT WOULD MINIMIZE THE RISK OF FLOODING FOR DEVELOPMENTS AND INFRASTRUCTURE PROJECTS:-

Author: Hon. Allan Reiz C. Macaraig

WHEREAS, local government units are mandated under the Local Government Code to provide and maintain basic services and facilities such as drainage and sewerage and flood control;

WHEREAS, in the case of Filinvest Land, Inc. vs. Flood- Affected Homeowners of Meritville Alliance, G.R. No. 165955, promulgated by the Supreme Court on August 10, 2007, it declared that local governments have a duty to control flooding within its jurisdiction;

WHEREAS, the City of Naga continuously experiences frequent flooding not only during typhoons or tropical cyclones but also during random rain events;

WHEREAS, Republic Act No. 10121, also known as Philippine Disaster Risk Reduction and Management Act of 2010, declared as policy the recognition of “the local risk patterns across the country” and to “strengthen the capacity of LGUs for disaster risk reduction and management through decentralized powers, responsibilities, and resources at the regional and local levels” “in mitigating and preparing for, responding to, and recovering from the impact of disasters”;

WHEREAS, the City of Naga, being vastly a watershed, is perennially exposed to the risk of flooding and as reflected in the UP NOAH (Nationwide Operational Assessment of Hazards) flood risk map;

WHEREAS, hazard and risk mitigation includes both structural and non-structural measures undertaken to limit the impact of “natural hazards, environmental degradation, and technological hazards and to ensure the ability of at-risk communities to address vulnerabilities aimed at minimizing the impact of disasters.” Mitigation likewise includes enactment of legislation as well as setting of building and safety standards;

WHEREAS, there is a need to declare the City of Naga to be a Flood Management Zone in order to put emphasis on the need to address the continuing imminent risk of flooding for the safety of the public;

WHEREAS, declaring the City of Naga as a Flood Management Zone will authorize the Office of the City Mayor to set building and safety requirements, through a Technical Working Group, consistent with flood mitigation as per the standards set in this Ordinance and from issuances of Departments and national governmental agencies including the Climate Change Commission, among others.

BE IT ENACTED BY THE 15th SANGGUNIANG PANLUNGSOD.

SECTION 1. This Ordinance shall be known as the “Flood Management Zone Ordinance“.

SECTION 2. It is hereby declared that the whole of Naga City, being primarily a watershed, is a flood management zone. Thus, any and all new developments or infrastructure projects shall ensure that the risk of flooding shall not be aggravated or if so, shall be properly addressed.

The levels of risk shall be based initially from the available data of the UP NOAH (Nationwide Operational Assessment of Hazards) which may be amended or updated by the City Planning and Development Office as necessary. Low flooding risk does not eliminate the requirement for flood mitigation.

Flood mitigation schemes, measures, or strategies include rainwater harvesting facility, cisterns, or installation of permeable or porous pavements, among others.

SECTION 3. The City Planning and Development Office (CPDO) shall, prior to the issuance of preliminary approval and locational clearance (PALC), ensure that any development or new infrastructure will not unduly contribute to the flooding in the area that sought to be developed and in the adjacent or immediate properties.

The CPDO may require applicants for the PALC the submission of appropriate plans and protocols and employment of methods that will minimize the risk of flooding brought about by the new development or infrastructure.

The CPDO shall likewise assess and determine the hazard flood risk of the location of the new development or infrastructure project.

SECTION 4. The City Engineering Office and the Office of the Building Official shall, prior to the issuance of building permit and occupational permit require compliance in adopting systems, plans, design, or structures that would minimize the risk of flooding in any new development or infrastructure within the City of Naga regardless of whether the same is owned by a private entity or by the government.

SECTION 5. A Technical Working Group is hereby created that would formulate the implementing rules and regulations of this Ordinance which shall be composed of one (1) representative each from the following offices:

5.1. City Planning and Development Office

5.2. City Engineering Office and Office of the Building Official

5.3. City Agriculture Office ABED Division

5.4. City Environment and Natural Resources Office

5.5. Solid Waste Management Office

5.6. City Disaster Risk Reduction & Management Office

5.7. City Legal Office

5.8. Naga City People’s Council

5.9. National Irrigation Administration Camarines Sur (Non- voting)

5.10. PICE Naga City Chapter (Non-voting)

5.11. GEPI Geodetic Engineers of the Philippines Camarines Sur (Non voting)

5.12. UAP Camarines Sur (Non-voting)

5.13. Metro Naga Chamber of Commerce and Industry, Inc. (Non- voting)

The implementing rules and regulations shall be approved by the City Mayor not later than forty-five (45) days from the effectivity of this Ordinance.

A copy of the implementing rules and regulations of this Ordinance, upon approval by the City Mayor, shall be published in the Official Website of the City Government of Naga and its social media pages. It shall take effect immediately upon approval. The TWG shall meet as necessary to adopt new measures, amend the existing rules, or recommend for further legislation.

SECTION 6. A Sworn Statement of Commitment to adopt measures to prevent or minimize the risk of flooding within its premises caused by the occupation and use of its infrastructure that might affect immediate vicinity shall be executed by any duly authorized representative of the applicant for building permit or occupancy permit.

SECTION 7. The Office of the Building Official shall identify and inspect existing areas with developments with a lot area of at least 500 square meters if located within business districts or commercial zones or areas with high risk of flooding as per the standards of UP NOAH, or with a lot area of at least 1,000 square meters outside said zones, within the City of Naga to assess whether there is a need for said developments to adopt measures to minimize its contribution to the risk of flooding in its area and immediate vicinity.

In inspecting these areas, the Office of the Building Official shall discuss with the management of these developments the most convenient, practical, but efficient method to be adopted to minimize the risk of unduly contributing to the flooding.

Failure of the management or owner of any existing development or infrastructure despite due notice to discuss with the Office of the Building Official, cooperate, or implement the agreed methods within an agreed reasonable period of time, shall be a ground to revoke its occupancy permit without prejudice to any actions which may be taken by the City Government of Naga.

SECTION 8. The City Agriculture Office ABED Division shall ensure that irrigation canals whether private, public, or under the administrative jurisdiction of the National Irrigation Administration are regulated and sufficient flood control systems, infrastructure, and methods are installed or adopted to minimize the risk of flooding within irrigated lands, immediate vicinity, or lower and adjacent estates.

SECTION 9. The management of the concerned developments or infrastructures are obliged to maintain the operation, usability, and efficiency of any methods, structures, or systems installed for purposes of minimizing risk of flooding in accordance with this Ordinance.

SECTION 10. Any action taken by the CPDO, CEO, or OBO shall be subject to appeal and review by the City Legal Office which shall recommend appropriate action to the Office of the City Mayor.

SECTION 11. Repealing Clause. All prior ordinances not in conformity with this Ordinance are hereby repealed or amended accordingly.

SECTION 12. Effectivity. This Ordinance shall take effect immediately.

ENACTED: February 3, 2026

WE HEREBY CERTIFY to the correctness of the foregoing ordinance.

GABRIEL H. BORDADO JR.
City Vice Mayor & Presiding Officer

LILIAN O. PASCUAL
Acting Secretary to the Sangguniang Panlungsod

APPROVED:

MARIA LEONOR G. ROBREDO
City Mayor