SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENA¥243 
S.B.NO. __ _ 
Introduced by Senator Maria Lourdes Nancy S. Binay 
.semIte 
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'14 
MAY Z6 P5 :54 
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AN ACT PROVIDING FOR THE LEGAL FRAMEWORK TO GOVERN SPECIAL USE 
AGREEMENTS IN PROTECTED AREAS 
EXPLANATORY NOTE 
Special Use Agreements in Protected Areas (SAP A) are issued to enable productive use of 
our protected areas as defined under National Integrated Protected Areas Act of 1992 while 
maintaining its status as a protective area. However, because SAP A as a tenurial instrument 
and the process for obtaining it, are principally governed by a mere administrative order (the 
DENR Department Administrative Order (DAO) 2007-17), the implementation of the same 
has been subject to the discretion of the Department of Environment and Natural Resources 
(DENR). 
Sometime in 2011, the issuance of SAPA has been indefinitely suspended by the DENR. In 
the meantime, Regional Executive Directors of DENR have entered into so-called interim 
SAP As through the use of Memorandum of Agreement. Aside from the fact that this appears 
to circumvent the indefinite suspension issued by the DENR itself, the legal status of the 
SAP A has been made uncertain. 
This uncertainty should be removed. 
The provisions of DAO 2007-17, which contains the salient provisions on SAP A should be 
given the status of a binding law giving only the DENR or the Protected Area Management 
Board limited discretion as to the procedure and technical requirements. Moreover, the status 
of the SAP A should be clarified in relation to other tenurial instruments for use of lands of 
public domain such as foreshore leases. 
Finally, to curb abuses of the SAP A, any violation of its terms and conditions should be met 
with appropriate sanctions. 
For this reason, the passage of this bill is earnestly recommended. 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPI'INES 
) 
First Regular Session 
) 
SENATE 
S.B. NO. 2243 
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·14 
MAY 26 P5:54 
RIO:CEIVED BY:-f'--: 
Introduced by Senator Maria Lonrdes Nancy S. Binay 
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AN ACT PROVIDING FOR THE LEGAL FRAMEWORK TO GOVERN SPECIAL USE 
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AGREEMENTS IN PROTECTED AREAS 
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
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assembled: 
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SECTION 1. Declaration of Policy. The policy of the State provides for the conservation of 
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biodiversity and sustainable development in protected areas to maintain essential ecological 
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processes and life support systems. 
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The effective management of protected areas shall encourage cooperation between and 
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among stakeholders to 
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manage and develop the appropriate zones of protected areas through special use agreements. 
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SECTION 2. Definition of Terms. For the purpose of this Act. the following terms shall 
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mean as follows: 
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(a) Special Uses - include activities and introduction of development mentioned jn 
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Section 4 of this law and consistent with the Protected Area Management Plan 
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pursuant to Republic Act No. 7586 or the National Integrated Protected Areas System 
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Act of 1992 (NIP AS Act). 
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(b) Special Use Agreement in Protected Areas (SAPA) - a binding instrument between 
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the Depatiment of Environment and Natural Resources (DENR) through the 
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Protected Area Management Board (P AMB) as the first party and a second party as 
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defined in Section 6 and 7 hereof, and duly approved by the Secretary of the DENR. 
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(c) Strict Nature Reserve -
is an area possessing some outstanding ecosystem features 
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and species of flora and fauna of scientific importance maintained to protect nature 
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and maintain processes in an undisturbed state in order to have ecologically 
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representative examples of the natural environment available for scientific study, 
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environmental monitoring, education, and for the maintenance of genetic resources in 
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a dynamic and evolutionary state. 
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Any other terms and conditions not heretofore defined shall have the meaning assigned to 
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them in the NIP AS Act or its Implementing Rules. 
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SECTION 3. Scope and Coverage. SAPA may be issued within protected areas except in 
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Strict Nature Reserves and shall be confined only to management zones of the protected area 
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appropriate for the purpose. 
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The SAP A can be issued only in protected areas whose management zones have been 
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identified and delineated. 
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SECTION 4. Kinds of Special Uses. The following are the special uses that may be allowed 
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but not limited to, within protected areas, subject to the issuance of an Environmental 
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Compliance Certificate and approval by the Secretary of the DENR or his duly authorized 
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representative: 
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(a) Ecotourism facilities; 
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(b) Camp Sites; 
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(c) Communication facilities; 
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(d) Transmission lines; 
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(e) Irrigation canals/waterways; 
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(i) Rights-of-way such as transmission lines, communication facilities and such other 
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purposes that may be identified by the DENR; 
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(g) Aqua culture; 
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(h) Scientific Monitoring Stations of PAGASA, PHIL VOLCS and other relevant 
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goverrunent agencies; 
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(i) Agro-Forestry; and 
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G) Forest Plantation. 
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SECTION 5. Duration of the SAPA. The SAPA may have duration of twenty-five years and 
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may be renewed subject to review and approval of the Secretary of the DENR or his 
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authorized representative upon endorsement of the P AMB. After expiration or non-renewal 
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of the SAP A, all improvements and structures in the area shall be turned over to the DENR 
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unless said structures post dangers to the maintenance of the protected area. 
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SECTION 6. Who May Apply. The following may apply for SAPA: 
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(a) Indigenous Peoples/Indigenous Cultural Communities as defined under the 
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Indigenous People's Rights Act; 
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(b) Tenure Migrants as defined under the Implementing Rules of the NIP AS Act; 
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(c) Local Government Units; 
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(d) Other Government Agencies; 
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( e) Other stakeholders (corporations, partnerships, associations, cooperatives, non-
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govenunental organizations) 
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The P AMB shall develop a set of criteria as guide for the selection of applicants. Preference 
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shall be given to Indigenous Peoples and tenured migrants in the issuance of the SAPA. 
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SECTION 8. Qualification of Applicants. The following may apply for SAP A: 
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(a) Filipino citizen oflegal age; or 
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(b) A corporation, partnership, association, cooperative or a juridical person, 
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including non-governmental organizations duly created and/or registered under 
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Philippine laws, at least sixty percent of the capital of which is owned by Filipino 


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citizens. In determining the nationality of an entity, the grandfather rule shall be 
applied. 
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SECTION 9. Grounds for the Cancellation of the SAPA. The SAPA may be cancelled by the 
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Secretary or his authorized representative as recommended by the P AMB for any of the 
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following: 
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(a) Violation or noncompliance with any of the terms and conditions stipulated in the 
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SAP A, the ECC and permits issued by other Government Agencies; 
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(b) If the Agreement was obtained through fraud, misrepresentation or omission of 
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material fact existing at the time ofthe filing of the application; 
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(c) Abandonment of the area or failure to exercise the privilege granted within the 
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prescribed period of one (1) year from the issuance of the SAP A without justifiable 
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cause; 
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(d) Dissolution of the corporation,partnership, or association; 
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(e) Violation of environmental and natural resources laws, rules and regulations; 
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(f) When the national interest so requires as determined by the DENR Secretary; 
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SECTION 10. Assignment or Transfer. A SAP A holder may transfer the SAP A or any rights 
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therein or any assets used therewith, if authorized by the Secretary of the DENR provided 
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that the following conditions are met: 
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(a) The SAP A has been in existence for at least three (3) years; 
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(b) The SAP A holder has been faithfully complying with all the terms and conditions of 
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the SAP A; 
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( c) The transferee has all the qualifications and none of the disqualifications to hold a 
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SApA; and 
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(d) The transferee shall assume all obligations and responsibilities of the transferor 
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specified in the SAP A and the ECC. 
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SECTION 11. Appropriate Tenurial Instrument for Protected Areas. The SAP A shall be the 
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appropriate tenurial instrument for the allowed uses in the Protected Areas including the use 
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of foreshore and offshore lands. Once an area is declared a Protected Area, all pending 
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foreshore lease applications shall be converted into applications for SAP A. 
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SECTION 12. Penalties. Any individnal or entity in violation of the terms and conditions of 
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the SAP A and other relevant rules and regulations promulgated pursuant to this Act, shaH be 
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fined with an amount not exceeding Fifteen Million Pesos (PIS,OOO,OOO.OO) in addition to its 
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liability under other special laws. 
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SECTION 13. Separability Clause. If any provision or pmt of this Act, or the application 
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thereof to any person or circumstance be held unconstitutional or be invalid, such patts not 
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affected thereby shall remain in full force and effect. 
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SECTION 14. Repealing Clause. All laws, decrees, executive orders, proclamations, rules 
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mld regulations and other issuance of parts thereof, inconsistent with the provisions of this 
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Act m'e hereby repealed or modified accordingly. 


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SECTION 15. Elfectivity. This Act shall take effect fifteen (15) days after its complete 
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publication in at least two (2) newspapers of general circulation. 
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Approved,