FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
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Senate Bill No. 2145' 
'H;(:,'M,n i'N .~ ,--~. 
Introduced by SENATOR PIA S. CAYETANO 
EXPLANATORY NOTE 
This bill seeks to declare the Apo Reef Natural Park in the Municipality of Sablayan, 
in Occidental Mindoro, as a protected area. 
The Apo Reef Natural Park (ARNP), which covers 15,792 hectares with a buffer 
zone of 11,677 hectares of marine area, is the largest coral atoll-like reef in the Philippines. 
ARNP is one of the ten (10) Priority Sites under the Conservation of Priority Protected Area 
Project (CPPAP), a project funded under the World Bank. ARNP is also included in the 
Philippines' Tentative List of World Cultural and Natural Heritage Sites which was 
submitted to the UNESCO-National Commission of the Philippines. 
The ARNP hosts to a variety of flora and fauna. Found in this area are 46 species of 
terrestrial flora, seven species of seagrass and 26 species of algae. ARNP also consists of 
47 species of birds, six species of reptiles and seven species of mammals. 
Recognizing the value of the area, the Apo Reef Natural Park was established 
under the National Integrated Protected Areas System (NIPAS) by virtue of Presidential 
Proclamation No. 868, dated September 6, 1996. 
This bill, therefore, seeks to declare the Apo Reef Natural Park as protected in order 
to protect it from indiscriminate explOitation and to be able to maintain its ecological 
balance. 
Given the importance of biodiversity, it is deemed crucial that we act on this now to 
ensure that our children and the succeeding generations will inherit a living earth with all of 
its bountiful natural resources and vibrant wildlife. 
In view of the foregoing, the passage of this measure is earnestly urged. 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
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SENATE 
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Senate Bill No. 2145 
Introduced by SENATOR PIA S. CAYETANO 
AN ACT ESTABLISHING THE APO REEF IN SABLAYAN, OCCIDENTAL 
MINDORO AS PROTECTED AREA UNDER THE CATEGORY OF NATURAL 
PARK AND ITS PERIPHERAL WATERS AS BUFFER ZONES, PROVIDING 
FOR ITS MANAGEMENT, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
1 
SECTION 1. Title. - This Act shall be known as the "Apo Reef Natural Park 
2 
(ARNP) Act of 2010." 
3 
SEC. 2. Declaration of Policy. -
In view of the importance of Apo Reef in 
4 
Sablayan, Occidental Mindoro, its biodiversity and role in the fisheries of the region, it 
5 
is hereby declared the policy of the State to ensure the protection and conservation of 
6 
Apo Reef, its associated waters, biodiversity and islands. Pursuant thereto, the State 
7 
shall ensure the full implementation of this Act, mobilize resources in order to put into 
8 
operation institutional mechanisms and full scientific and technical 13Upport for the 
9 
conservation of biodiversity and the integrity of the ecosystems in Apo Reef. 
10 
It shall further be the policy of the State to promote the Apo Reef, with the end 
11 
in view of fostering widespread awareness and concern for the same. Towards this 
12 
end, the State shall undertake to carry out comprehensive and holistic promotions, 
13 
training and information campaign programs for the benefit of the general public, in 
14 
pursuance of the duty of the State to uphold the primacy of protecting, preserving and 
15 
promoting these resources. 
16 
Finally, it shall be the policy of the State to encourage the participation of the 
17 
private sector and the local government units in the protection, preservation and 
18 
promotion of the Apo Reef. 
1 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
2 
SEC. 3. Scope and Coverage. - The boundaries of the Apo Reef Natural Park 
(ARNP), situated in the Municipality of Sablayan, Province of Occidental Mindoro, 
containing an ~pproximate area of fifteen thousand seven hundred ninety-two (15,792) 
hectares, are as follows: 
Control 
CM 
Latitude Longitude 
Northings 
Eastings 
Points 
(" 
I ") 
(" I ") 
(Meters) 
(Meters) 
1 
123 
12-44-47' 120-27-22 
1410356.242 
223773.809 
2 
123 
12-41-11 
120-33-44 
1403605.487 
235240.033 
3 
123 12-35-47 
120-29-57 
1393709.839 
228292.637 
4 
123 12-39-18 
120-23-46 
1400336.616 
217153.893 
11 
to point 1, the point of beginning. 
12 
The DENR-National Mapping and Resource Information Authority (NAMRIA) 
13 
shall validate the technical descriptions provided in this Act through actual 
14 
survey/demarcation. The metes and bounds of the ARNP shall be indicated on the 
15 
map and/or nautical chart. 
16 
Any modification of this Act due to factors such as changing ecological 
17 
situations, new scientific or archaeological findings, or discovery of traditional 
18 
boundaries not previously taken into account shall be made through an Act passed by 
19 
Congress after full consultation with the affected public and concerned government 
20 
agencies. 
21 
SEC. 4. Buffer Zones. - Buffer Zones surrounding the ARNP, containing an 
22 
approximate area of eleven thousand six hundred seventy-seven (11,677) hectares, 
23 
24 
25 
26 
27 
28 
29 
30 
are hereby established with the following boundaries: 
Control 
CM 
Latitude 
Longitude 
Northings 
Eastings 
Points 
(" , ") 
(" , ") 
(Meters) 
(Meters) 
1 
123 
12-46-14 
120-27-00 
1413043.227 
223151.990 
2 
123 
12-41-32 
120-35-19 
1404229.656 
238121.888 
3 
123 
12-34-20 
123-30-16 
1391042.803 
214329.440 
4 
123 
12-38-57 
120-22-12 
1399689.788 
214329.441 
to point 1, the point of beginning. 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
3 
SEC. 5. Land Classification. - All lands of the public domain comprising the 
Apo Reef Natural Park shall fall under the classification of National Park as provided 
for in the Philippine Constitution 
SEC. 6. Definition of Terms. -
The following terms are hereby defined for the 
purposes of this Act: 
(a) "ARNP" refers to the Apo Reef Natural Park. 
(b) "ARNP Revolving Fund" refers to the revolving fund to be established for 
the purpose of financing projects in the ARNP. 
(c) "Biodiversity" refers to variety and variability among living organisms and 
the ecological complexes in which said organisms occur. 
(d) "Buffer Zones" refer to the identified areas outside the boundaries of and 
immediately adjacent to the designated ARNP that need special development control 
in order to avoid or minimize harm to the ARNP. 
(e) "Collection or Collecting" refers to the act of gathering or harvesting wildlife, 
its by-products or derivatives. 
(f) "Commercial Fishers/Fisherfolk" refers to persons who catch fish and other 
fishery products using fishing vessels of more than three (3) gross tons. 
18 
(g) 
"Conservation" means the sustainable utilization of wildlife, and/or 
19 
maintenance, restoration and enhancement of the habitat. 
20 
(h) "Ecosystem" means the dynamic complex of plant, animal and micro-
21 
organism communities and their non-living environment interacting as a functional 
22 
unit. 
23 
(i) "Endangered species" refer to species or subspecies that are not critically 
24 
endangered but whose survival in the wild is unlikely if the causal factors continue 
25 
operating. 
26 
U) "Exotic species" refer to species or subspecies of flora or fauna that do not 
27 
naturally occur within the ARNP at present or in historical time. 
28 
(k) "Fishers/Fisherfolk" refers to people directly or personally engaged in taking 
29 
and/or culturing and processing fishery and/or aquatic resources. They shall also 


~ 
4 
1 
include traditional fishers who are solely dependent on fishing in ARNP for sustenance 
2 
and livelihood. 
3 
(I) "Fishing Gear" refers to any instrument or device and its accessories utilized 
4 
in taking, catching, gathering, killing, hunting, destroying, disturbing, removing or 
5 
possessing resources within the ARNP. 
6 
(m) "Habitat" means a place or type of environment where a species or 
7 
subspecies naturally occurs or has naturally established its population. 
8 
(n) "Hunting" 
refers to collection of wild fauna for food and/or recreational 
9 
purposes with the use of weapons such as guns, bow and arrow, spear and the like. 
10 
(0) "Introduction" means bringing species into the wild that is outside its natural 
11 
habitat. 
12 
(p) "Kayakas" refers to the fishing method known as the local version of the 
13 
muro-ami but smaller in size, using bamboo or trunk trees as scaring devices aside 
14 
from coconut or other leaves or materials to drive the fishes and other marine 
15 
resources out of the coral reefs while at the same time pounding the corals. 
16 
(q) 
"Litter or Littering" refers to the disposal of small amount of non-
17 
biodegradable solid waste materials, such as cigarette butts, candy wrappers, plastic 
18 
bags, bottles, and glasses 
in the ARNP which may cause or contribute to the 
19 
deterioration of the resources or habitats in the ARNP. 
20 
(r) "Man'agement Board" refers to the Management Board of the ARNP. 
21 
(s) "Management Plan" refers to the fundamental plan, strategy and/or scheme 
22 
which shall guide all activities relating to the ARNP in order to attain the objectives of 
23 
this Act. 
24 
(t) "Municipal Fishers/Fisherfolk" refers to persons who catch fish and other 
25 
fishery products using fishing vessels of three (3) gross tons or less, or Whose fishing 
26 
does not require the use of fishing vessels. 
27 
(u) "Muro-ami" refers to the method used in reef fishing consisting of a movable 
28 
bagnet, detachable wings and scarelines having plastic strips and iron/steel/stone 
29 
weights, effecting fish capture by spreading the net in an arc around reefs or shoals 
30 
and with the use of the scarelines, a cordon of people drive the fish towards the 


5 
1 
waiting net while pounding the corals by means of heavy weights like iron/steel/stone 
2 
or rock making it destructive to corals. 
3 
(v) "National Integrated Protected Areas System (NIPAS)" refers to the 
4 
classification and administration of all designated protected areas to maintain essential 
5 
ecological processes and life-support systems, to preserve genetic diversity, to ensure 
6 
sustainable use of resources found therein, and to maintain their natural conditions to 
7 
the greatest extent possible. 
8 
(w) "Natural Park" refers to a relatively large area not materially altered by 
, 
9 
human activity where extractive resource uses are not allowed and maintained to 
10 
protect outstanding natural and scenic areas of national or international significance 
11 
for scientific, education and recreational use. 
12 
(x) "Non-Government Organization (NGO)" refers to an agency, institution, a 
13 
foundation or a group of persons whose purpose is to assist 
peoples 
14 
organizations/associations in various ways including, but not limited to, organizing, 
15 
education, training, research and/or resource accessing. 
16 
(y) "Non-Renewable Resources" refer to those resources that cannot be re-
17 
made, re-grown or regenerated on a scale comparative to its consumption. 
18 
(z) "People's Organization (PO)" means a group of organized migrant 
19 
communities and or interested indigenous peoples which may be an association, 
20 
cooperative, federation, or other legal entity, established to undertake collective action 
21 
to address community concerns and needs, and mutually share the benefits of the 
22 
endeavor. 
23 
(aa) 
"Poaching" refers to fishing or operating any fishing vessel, gathering 
24 
and/or purchase or possession of any fishery products within Philippine waters by any 
25 
foreign person, corporation or entity. 
26 
(bb) "Protected Area" refers to the identified portions of land and/or water set 
27 
aside by reason of their unique physical and biological significance, managed to 
28 
enhance biological diversity and protected against destructive human exploitation. 


6 
1 
(cc) "Protected Area Management Board (PAMB)" 
refers to a multi-sectoral 
2 
policy-making body for protected areas created in accordance with Republic Act No. 
3 
7586 or the NIPAS Act of 1992. 
4 
(dd) "Protected Area Superintendent (PASu)" refers to the Chief Operating 
5 
Department of Environment and Natural Resources (DENR) officer of the ARNP. 
6 
(ee) "Protected Species" refers to any plant or animal declared protected under 
7 
Philippine laws, rules, and regulations. These shall include all species listed under the 
8 
Convention on International Trade in Endangered Species of Wild Fauna and Flora 
9 
(CITES) and all its Appendices, the Bonn Convention on Migratory Species, those 
10 
specified under the red-list categories of the International Union for the Conservation 
11 
of Nature and Natural Resources (IUCN), or any plant or animal which any 
12 
government agency and/or the ARNP may deem necessary for conservation and 
13 
preservation in the ARNP. 
14 
(ff) "Purse Seine" refers to the gear characterized by encircling net having a line 
15 
at the bottom passing through rings attached to the net, which can be drawn or 
16 
pursed. In general, the net is set from a boat or boats around the school of aquatic 
17 
resources. The bottom of the net is pulled closed with a purse line. The net is then 
18 
pulled aboqrd the boat or boats until the resources are concentrated in the bunt or 
19 
bag. 
20 
(gg) "Resources" refers to all natural endowments, whether aquatic or 
21 
terrestrial, living or non-living, found in ARNP. 
22 
(hh) "Vessel" includes every description of watercraft, 'including non-
23 
displacement crafts and seaplanes, used or capable of being used as a means of 
24 
transportation on water. It shall include everything found therein, except personal 
25 
effects, 
26 
(ii) "Waste" refers to discarded items of solid, liquid, contained gaseous or 
27 
semisolid form, and from whatever source, which may cause or contribute to the 
28 
deterioration of the resources or habitats in the ARNP. 
29 
SEC, 7. Management Plan. - There shall be a management plan promulgated 
30 
for the ARNP that shall serve as the basic long-term framework plan in the 


7 
1 
management of the protected area and guide in the preparation of its annual 
2 
operations plan and budget. 
3 
Within one (1) year from the effectivity of this Act, the management plan shall 
4 
have been put into effect following the general management planning strategy 
5 
provided for under the NIPAS Act and according to the procedure herein set forth. It 
6 
shall contain, among others, the following: 
7 
(a) 
. The category of the protected area; 
8 
(b) 
Period of applicability of the plan; 
9 
(c) 
Key management issues; 
]0 
(d) 
Goals and objectives of management in support of Section 2 hereof; 
11 
(e) 
Site management strategy; 
12 
(f) 
Major management activities, such as, but not limited to enforcement of 
13 
laws, habitat and wildlife management, sustainable use management, infrastructure 
14 
development and maintenance, and fire and pest control; 
15 
(g) Zoning; and 
16 
(h) Visitor management programs. 
17 
The management plan shall be prepared by the Protected Area Superintendent 
18 
(PASu) in coordination with the appropriate offices of the department, local 
19 
communities and the NGOs. it shall be reviewed and approved by the Management 
20 
Board and certified by the Secretary of the Department. Such certification shall be 
21 
mandatory to ensure that the plan conforms to all laws and the applicable rules and 
22 
regulations issued by the Department: Provided, however, That the Secretary may 
23 
revise and modify the protection and conservation plan, after consultation with 
24 
Management Board, prior to certification to ensure conformity with applicable laws, 
25 
rules and regulations. 
, 
26 
A year before the expiration of the period of the applicability of the plan in 
27 
effect, the PASu shall cause publication of notices for comments and suggestions on 
28 
the successor plan in a newspaper of general circulation in the concerned 
29 
municipalities. Notices shall also be posted in the respective provincial and municipal 
30 
halls of the concerned provinces and municipalities as well as in the ·barangay halls 


8 
1 
bounding or immediately adjacent to the protected landscape. The proposed plan 
2 
shall be made available to the public during the period for comment and a final plan 
3 
shall likewise be made available for public perusal at the Office of the PASu upon the 
4 
approval of the Management Board: Provided, That the plans shall be plainly written 
5 
in a language understandable in the area. 
6 
SEC. 8. Management of the Apo Reef Natural Park. - Pursuant to Section 11 
7 
of Republic Act No. 7586 or the NIPAS Act of 1992, there shall be a Management 
8 
Board which shall have jurisdiction, power and authority over the ARNP for all matters 
9 
that may affect biodiversity conservation, protection and sustainable development. It 
10 
shall be composed of: 
11 
(1) The Regional Executive Director, DENR Region 4B as Chairperson; 
12 
(2) The Provincial Planning and Development Officer/Coordinator; 
13 
(3) The Mayor of the Municipality of Sablayan or his duly designated 
14 
representative;, 
15 
(4) One (1) representative chosen from among the coastal barangays in the 
16 
municipality of Sablayan; 
17 
(5) One (1) representative from each department or national government 
18 
agency directly involved in the ARNP or with long term projects or permanent facility 
19 
located therein; 
20 
(6) At least three (3) representatives from accredited NGOs operating within 
21 
Sablayan chosen from among themselves in a meeting duly called for the purpose; 
22 
and 
23 
(7) At least two (2) representatives from accredited POs operating within 
24 
Sablayan chosen from among themselves in a meeting duly called for the purpose. 
25 
Each member of the ARNP shall serve for a term of five (5) years and shall be 
26 
considered to represent his or her sector and deemed to carry the vote of such sector 
27 
in all matters. In the case of members who are government officials, the term of office 
28 
shall be attached to the office held. 
29 
The members of the Management Board shall be appointed by the Secretary of 
30 
the DENR in conformity with the provisions of the NIPAS Act. As a transitory provision, 


9 
the initial members of the Management Board shall be nominated from the current 
2 
members of the interim Management Board: Provided, That at least one-third (1/3) of 
3 
the members thereof shall be women. 
, 
4 
In the selection of the representatives of POs and NGOs, preference shall be 
5 
accorded to those organizations that are involved in the conservation, protection and 
6 
development of the ARNP. 
7 
Representation shall be by institution and shall aim to achieve balance in 
8 
representation by geographic location or areas. 
9 
The representatives from the local government units (LGUs) and national 
10 
agencies in the Management Board shall include among their duties, the duty to inform 
11 
their respective constituents, office or sector, of Management Board-approved or other 
12 
relevant policies, rules, regulations, programs and projects and ensure that the 
13 
provisions of this Act, the NIPAS Act and its implementing rules and regulations are 
14 
observed, complied with and used as reference and framework in their respective 
15 
plans, policies, programs and projects. Failure to comply with the foregoing shall 
16 
subject such representative to disciplinary action as the Management Board 
may 
17 
provide. 
18 
The members of the Board shall not receive any salary but shall be entitled to 
19 
reimbursements for actual and necessary expenses incurred, either in their attendance 
20 
in meeting of the Board or in connection with other official business authorized by a 
21 
resolution of the Board, subject to existing rules and regUlations. 
22 
SEC. 9. Powers and Functions of the Management Board. - The Management 
23 
Board shall have the following powers and functions in addition to those provided 
24 
under the NIPAS Act of 1992 and its Implementing Rules and Regulations: 
25 
(a) Issue rules and regulations to prohibit acts that may be prejudicial to the 
26 
ARNP and to the declaration of policy set forth under the NIPAS Act; 
27 
(b) Issue rules and regulations for the resolution of conflicts through appropriate 
28 
and effective means; 
29 
(c) Issue rules and regulations for the discipline and removal of its officers and 
30 
members; 


10 
1 
(d) Adopt rules and procedures in the conduct of business, including the 
2 
creation of committees to which its powers may be delegated; 
3 
(e) Approve the management plan and oversee the office of the Protected Area 
4 
Superintendent (PASu); 
5 
(f) Establish criteria and set fees for the issuance of permits for activities 
6 
regulated by this Act or the management plan; 
7 
(g) Recommend the deputization of appropriate individuals for the enforcement 
8 
of the laws, rules and regulations governing the conduct or management of the ARNP; 
9 
(h) Approve fees and charges in accordance with existing guidelines/policies 
10 
and raise funds for the ARNP; 
11 
(i) Report to the DENR, on a quarterly basis, the status of the implementation 
12 
of this Act, wit!1 emphasis on the disbursement of funds appropriated for the execution 
13 
of the various policies and programs hereunder, and on the status of cases for the 
14 
prosecution of violations of this Act; 
15 
(j) 
Formulate programs for the promotion, training and 
information 
16 
dissemination pertaining to the Apo Reef and its significance as a vital natural 
17 
resource of the country; 
18 
(k) 
Manage the allocation of the ARNP and other funds for the ARNP, ensure 
19 
their proper administration, and render accounting; and 
20 
(I) Recommend appropriate policy changes to the DENR and other government 
21 
authorities. 
22 
The DENR, through the Regional Executive Director (RED), shall ensure that 
23 
the Management Board acts within the scope of its powers and functions. In case of a 
24 
conflict between administrative orders issued by the DENR pursuant to the NIPAS Act 
25 
and the rules issued by Management Board, the Secretary of the DENR shall decide 
26 
whether to apply the rule or withdraw its application. 
27 
SEC. 10. Incentives of Management Board Members. - In addition to actual 
28 
and necessary traveling and subsistence expenses incurred in the performance of 
29 
their duties, Management Board members may be granted allowances and insurance 


11 
coverage in attending Board meetings. These expenses may be included in the budget 
2 
for the ARNP. 
3 
SEC. 11. 
Protected Area Superintendent (PASu) Office. - There is hereby 
4 
established a PASu Office in charge of the implementation of the projects, programs 
5 
and policies for the management, protection and administration of the ARNP. It will be 
6 
headed by a Protected Area Superintendent (PASu) and shall be supported by the 
7 
existing personnel of the DENR. The PASu shall be the Chief Operating Officer of the 
8 
ARNP and shall be accountable to the RED of the DENR and the Management Board. 
9 
The PASu shall have the following duties and responsibilities in addition to those 
10 
provided under existing laws and regulations: 
11 
(a) Establish, operate and maintain a database management system as 
12 
decision support tool; 
13 
(b) Prepare and execute the management plan for the ARNP; 
14 
(c) Provide a secretariat for the ARNP and supply the Management Board with 
15 
all the information necessary to make appropriate decisions for the implementation 
16 
of this Act; 
17 
(d) Enforce the laws, rules and regulations relevant to the ARNP and assist in 
18 
the prosecution of offenses; 
19 
(e) Supervise all activities within the ARNP to ensure its conformity with the 
20 
management plan; 
21 
(f) Ensure the integration of the ARNP management policies, regulations, 
22 
programs and projects at all the concerned national and local government unit 
23 
levels; 
24 
(g) Implement the promotion, training and information campaign programs as 
25 
formulated by the Management Board; 
26 
(h) Report to the Management Board, on a quarterly basis, the status of the 
27 
implementation of the various programs under this Act, such as, but not limited to, 
28 
the database management system, the management plan of the ARNP, and the 
29 
enforcement of the laws, rules and regulations relevant to the ARNP and the 
30 
prosecution of the violations thereof; 


12 
(i) 
Recommend to the DENR the issuance of permits based on terms, 
2 
conditions and criteria established by the Management Board; and 
3 
(j) Perform other functions as the Management Board may delegate. 
4 
The PASu shall be supported by a sufficient number of personnel who shall be 
5 
performing day to day management, protection and administration of the ARNP. All 
6 
position titles and items of the DENR employees detailed with the ARNP at the time of 
7 
the effectivity of this Act shall be transferred to form part of the PASu Office. 
8 
SEC. 12. Seasonal Fishing Privileges. -
Fishers who migrate to ARNP 
9 
seasonally for 'traditional fishing and other activities that have benign impact on the 
10 
sustainability and biodiversity of the reef shall be allowed to continue such activities: 
11 
Provided, That commission of any of the prohibited acts herein or failure to report such 
12 
acts when observed shall cause the cancellation of such rights. 
13 
SEC. 13. Special Prosecutors and Counsels. - Within thirty (30) days from the 
14 
effectivity of this Act, the Department of Justice (DOJ) shall appoint a special 
15 
prosecutor to whom all cases of violation of laws, rules and regulations in the ARNP 
16 
shall be assigned. Such special prosecutor shall coordinate with the Management 
17 
Board and the PASu in the performance of his/her duties and assist in the training of 
18 
wardens and rangers in arrest and other criminal procedures. 
The Management 
19 
Board may retain the services of a counsel to prosecute and/or assist in the 
20 
prosecution of cases under the direct control and supervision of the regular or special 
21 
prosecutor and to defend the members of the Management Board, the PASu and the 
22 
staff, or any person assisting in the protection, conservation and sustainable 
23 
development of the ARNP, against any legal action related to their powers, functions 
24 
and responsibilities as provided in this Act or as delegated or tasked by the 
25 
Management Board. 
26 
SEC. 14. Unauthorized Entry, Enjoyment or Use. - No person or entity shall 
27 
enter, enjoy or utilize any portion of the ARNP and the resources therein for whatever 
28 
purpose without prior permission from the Management Board as herein provided. 
29 
The ARNP shall be off limits to navigation, except for activities that are 
30 
sanctioned by the Management Board 
such as, but not limited to, tourism and 


13 
research. Except in emergency situations, it shall be unlawful to enter ARNP without 
2 
prior permission from the Management Board or the PASu as herein provided. It shall 
3 
also be unlawful to enter, enjoy or use for any purpose any prohibited management 
4 
zone. This rule shall similarly apply to the use of vessels, gears and equipment in 
5 
management zones where such are not allowed. 
6 
Violation of this Section shall subject the responsible person or entity to an 
7 
administrative fine of not less than Twenty thousand pesos (P20,OOO.00) and not more 
8 
than One hundred thousand pesos (Pi 00,000.00), as may be determined by the 
9 
Management Board. If the violator is a commercial fisher/fisherfolk, the fine shall be 
10 
Five hundred thousand pesos (P500,OOO.OO). 
11 
SEC. 15. 
Damages to the Reef. -
Damages to the reef shall subject the 
12 
responsible person or entity to the payment of administrative fines set by the 
13 
Management Board based on current valuation standards and to the payment of the 
14 
cost of restoration. 
15 
SEC. 16. Non-payment of Users' Fees. - It shall be unlawful for any person or 
16 
entity to enjoy or utilize the ARNP and the resources therein without payment of 
17 
conservation fees as may be imposed by the Management Board. 
18 
Violat.ors of this Section shall, in addition to the payment of the conservation 
19 
fee, pay the administrative fine of double the amount of the conservation fee set by the 
20 
Management Board for the activity undertaken. 
21 
SEC. 17. Anchoring. - It shall be unlawful for any person or entity to hold fast or 
22 
secure a vessel in place either by using an anchor or by tying on to any part of the 
23 
reef. All vessels shall utilize the mooring buoys provided by the ARNP. Violation of this 
24 
Section shall be penalized with an administrative fine of not less than Ten thousand 
25 
pesos (P10,OOO.00) and not more than Fifty thousand pesos (P50,OOO.00). 
26 
SEC. 18. Dumping of Waste and Littering. -It shall be unlawful for any person 
27 
or entity to dump waste inside the ARNP. It shall likewise be unlawful to clean and 
28 
change the oil of vessels within the ARNP. 
29 
Violation of this prOVision shall be punishable by imprisonment of six (6) years 
30 
and one (1) day to twelve (12) years and/or fine of One hundred thousand pesos 


14 
1 
(P100,000.00) plus an additional fine of Twenty thousand pesos (P20,000.00) to Fifty 
2 
thousand pesos (P50,000.00) for every day that each violation subsists. 
The 
3 
Management Board shall impose an administrative fine of not less than Fifty thousand 
4 
pesos (P50,000.00) and not more than One hundred thousand pesos (P100,000.00), 
5 
and order the violator to clean up the waste or pay for the clean-up thereof. 
6 
It shall likewise be unlawful to litter within the ARNP. 
7 
Violai;ion of this provision shall be penalized by the Management Board with 
8 
administrative fine ranging from Five thousand pesos (P5,000.00) to Ten thousand 
9 
pesos (P10,000.00). 
10 
SEC. 19. 
Bioprospecting without Permit. -
It shall be unlawful to conduct 
11 
bioprospecting within the ARNP without prior permit from the Management Board and 
12 
other concerned agencies. 
13 
Violation of this Section shall be punished with imprisonment of six (6) months 
14 
to six (6) years; fine of Five hundred thousand pesos (P500,000.00) to One million 
15 
pesos (P1,000,000.00); and forfeiture of the resources subject of the offense, 
16 
equipment, gears and vessels. The Management Board 
shall also impose 
17 
administrative fine ranging from Five hundred thousand pesos (P500,000.00) to One 
18 
million pesos (P1 ,000,000.00); and confiscation and forfeiture of the resources subject 
19 
of the offense, eqUipment, gears and vessels. 
20 
SEC. 20. 
Introduction of Exotic Species. -
It shall be unlawful to introduce 
21 
exotic species of plants or animals into the ARNP. 
22 
Violation of this Section shall be punished with imprisonment of six (6) months 
23 
to six (6) years; fine of One hundred thousand pesos (P100,000.00) to One million 
24 
pesos (P1,000,000.00); and forfeiture of the resources subject of the offense, 
25 
equipment, 
g~ars and vessels. The Management Board 
shall also impose 
26 
administrative·fine ranging from Two hundred thousand pesos (P200,000.00) to One 
27 
million pesos (P1 ,000,000.00); and confiscation and forfeiture of the resources subject 
28 
of the offense, equipment, gears and vessels. 
29 
SEC. 21. 
Hunting, Catching, Fishing, Killing, Taking, Gathering, Removing, 
30 
Destroying, Disturbing, or Possessing Resources: - Except in cases of emergency 


15 
and safety, it shall be unlawful for any person to actually or attempt to hunt, catch, fish, 
2 
kill, take, gather, remove, destroy, disturb, or possess any resource, whether living or 
3 
non-living, or products derived therefrom, without a permit from the Management 
4 
Board and such other permits as may be required by law, rules and regulations. The 
5 
unauthorized entry of a vessel in the ARNP shall be prima facie evidence of violation 
6 
of this Section. 
7 
Violation of this Section shall be punished as follows: 
8 
(1) Where the offender uses explosives, noxious or poisonous substances, the 
9 
penalty shall be imprisonment ranging from six (6) years and one (1) day to twelve 
10 
(12) years without prejudice to the filing of separate criminal cases when the use of the 
11 
same results in physical injury or loss of human life; fine ranging from One hundred 
12 
thousand pesos (P100,000.00) to Three hundred thousand pesos (P300,000.00); and 
13 
forfeiture of the resources subject of the offense, equipment, gears and vessels. The 
14 
Management B,Oard shall also impose administrative fine ranging from Forty thousand 
15 
pesos (P40,000.00) to One hundred fifty thousand pesos (P150,000.00); and 
16 
confiscation and forfeiture of the resources subject of the offense, equipment, gears 
17 
and vessels. 
18 
The discovery of dynamite, other explosives and chemical compounds which 
19 
contain combustible elements, or noxious or poisonous substances in any vessel or in 
20 
the possession of any person within the ARNP shall constitute prima facie evidence 
21 
that the same was. used in violation of this Act. The discovery in any vessel or in the 
22 
possession of any person within the ARNP of resources caught, taken, killed, 
23 
removed, gathered or destroyed with the use of explosives, noxious or poisonous 
24 
substances shall constitute prima facie evidence of violation of this Act; 
25 
(2) Where the offender merely possesses explosives, noxious or poisonous 
26 
substances, within the ARNP, the punishment shall be imprisonment ranging from six 
27 
(6) years and one (1) day to twelve (12) years; fine ranging from Fifty thousand pesos 
28 
(P50,000.00) to One hundred thousand pesos (Pi 00,000.00); and forfeiture of fish 
29 
catch, fishing equipment and vessels. The Management Board shall also impose 
30 
administrative fine ranging from Forty thousand pesos (P40,000.00) to One hundred 


16 
fifty thousand pesos (P150,000.00); and confiscation and forfeiture of the resources 
2 
subject of the offense, equipment, gears and vessels; 
3 
(3) Where the offender takes, removes, fishes, gathers, kills, destroys or 
4 
possesses corals, except for scientific or research purposes authorized by the 
5 
Management Board, the penalty shall be imprisonment ranging from six (6) years and 
6 
one (1) day to twelve (12) years; fine ranging from Twenty thousand pesos 
7 
(P20,000.00) to Eighty thousand pesos (P80,000.00); and forfeiture of the corals, 
8 
equipment, gears and vessels. The Management Board shall' also impose 
9 
administrative fine ranging from Thirty thousand pesos (P30,000.00) to One hundred 
10 
thousand pesos (P100,000.00); and confiscation andforfeiture of the corals subject of 
II 
the offense, equipment, gears and vessels; 
12 
(4) Where the offender uses any fishing gear or method that destroys coral 
13 
reefs, seagrass beds, or other marine life habitats as may be determined by this Act, 
14 
the Management Board, other laws, the Department of Agriculture, or the DENR, the 
15 
operator, boat captain, master fisherman, and recruiter or organizer of fishworkers 
16 
involved shall suffer a penalty of six (6) years and one (1) day to twelve (12) years 
17 
imprisonment; fine of not less than One hundred thousand pesos (Pi 00,000.00) but 
18 
not more than Five hundred thousand pesos (P500,000.00); and forfeiture of catch, 
19 
fishing equipment, gears and vessels. The Management Board shall also impose 
20 
administrative fine ranging from Four hundred thousand pesos (P400,000.00) to One 
21 
million pesos (Pi ,000,000.00); and confiscation and forfeiture of catch, fishing 
22 
equipment, gears and vessels: Provided, That the offender acting upon the orders of 
23 
the operator, Qoat captain, master fisherman, and recruiter or organizer of fishworkers 
24 
shall suffer a penalty one degree lower; fine of not less than Fifty thousand pesos 
25 
(P50,000.OO) and not more than One hundred thousand pesos (P100,OOO.00); 
26 
(5) Where the offender gathers or removes pebbles, stones, rocks, sand or 
27 
other materials or otherwise engages in the quarrying or dredging of any portion of the 
28 
ARNP, the penalty shall be six (6) years and one (1) day to twelve (12) years 
29 
imprisonment; fine of not less than Thirty thousand pesos (P30,OOO.OO) but not more 
30 
than Five hundred thousand pesos (P500,OOO.OO); and forfeiture of the substance 


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taken from the habitat, and the equipment and vessels used to commit such violation. 
The Management Board shall also impose administrative fines ranging from Thirty 
thousand pesos (P30,000.00) to Seven hundred thousand pesos (P700,000.00); and 
confiscation and forfeiture of the substance taken, and equipment and vessels used in 
the commission of the violation. 
Muro-Ami, pa-aling, all kinds of trawls (galadgad, Norway), purse seine 
(pangulong), Danish seine (hulbot-hulbot, pahulbot-hulbot, likisan, liba-liba, palisot, 
patungko, bira-biru, buli-buli, hulahoop, zipper, lampornas, etc.), ring net (kubkob, 
pangulong, kalansisi), drive-in net (kayakas), round haul seine (sapyaw, lawag), 
motorized push net (sudsad), bagnet (basnig, saklit), or any of their variations, are 
hereby declared destructive fishing methods or gears under this provision; 
(6) Where the offender gathers or removes pebbles, stones, rocks, sand or 
other materials that form part of the habitat, or otherwise engages in the quarrying or 
dredging of any portion of the ARNP, the penalty shall be six (6) years and one (1) day 
to twelve (12) years imprisonment; fine of not less than Thirty thousand pesos 
(P30,000.00) but not more than Five hundred thousand pesos (P500,000.00); and 
forfeiture of the substance taken from the habitat, and the equipment and vessels used 
to commit such violation. The Management Board shall also impose administrative 
fines ranging from Thirty thousand pesos (P30,000.00) to Seven hundred thousand 
pesos (P700,000.00); and confiscation and forfeiture of the substance taken, and 
equipment and vessels used in the commission of the violation; 
(7) Where the subject of the offense are protected species as defined in this 
Act, the penalty shall be imprisonment of twelve (12) years to twenty (20) years; fine of 
not less than One hundred twenty thousand pesos (P120,000.00) and not more than 
One million pesos (P1,000,000.00) for every threatened or endangered organism 
subject of the offense; forfeiture of the catch, equipment, gears and vessels; and 
cancellation of fishing permit. The Management Board shall also impose administrative 
fine ranging from One hundred fifty thousand pesos (P150,000.OO) to One million 
pesos (P1,000,000.00) for every threatened or endangered organism subject of the 
offense; and confiscation and forfeiture of catch, equipment, gears and vessels; and 


, . 
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(8) Where the violations of this Section are not covered by the preceding 
paragraphs, the penalty shall be imprisonment of one (1) year to three (3) years; fine 
of not less than Ten thousand pesos (P10,000.00) but not more than One hundred 
thousand pesos (P100,000.00); and forfeiture of the catch, equipment, gears and 
vessels; and cancellation of permit that makes it possible for the offender to commit 
the offense. The Management Board shall also impose administrative fine ranging 
from Fifteen thousand pesos (P15,000.00) to One million pesos (P1,000,000.00); and 
confiscation and forfeiture of catch, equipment, gears and vessels. 
SEC. 22. Poaching by Foreigners. - It shall be unlawful for any foreign person, 
corporation or entity to fish or operate any fishing vessel in the ARNP. The entry of any 
foreign fishing vessel in the ARNP shall constitute prima facie evidence that the vessel 
is engaged in fishing in the area. The presence of any foreign national in a fishing 
vessel of either Philippine or foreign registry in ARNP shall be prima facie evidence 
that the vessel is engaged in fishing in the Park. 
Violation of the above shall be punished by imprisonment of six (6) years and 
one (1) day to twelve years (12) years and a fine of One hundred thousand US dollars 
(US$100,000.00), in addition to the forfeiture of its catch, fishing equipment and fishing 
vessel: Provided, That in case of non-payment of fine, subsidiary imprisonment shall 
be imposed: Provided, further, That the Management Board is empowered to impose 
, 
an administrative fine of not less than Fifty thousand US dollars 
(US$50,000.00), but 
not more than Two hundred thousand US dollars (US$200,000.00) or its equivalent in 
Philippine currency, in addition to the confiscation and forfeiture of the fish catch, 
fishing equipment and fishing vessel: Provided, finally, That a bond may be posted for 
the vessels which shall not be less than One hundred thousand US dollars 
(US$100,000.00). 
A hold departure order shall be issued as a condition for the grant of bail to any 
foreign offender. All passports and documents which may be used by the accused to 
flee the country must be surrendered to the court. 
SEC. 23. Violation of Environmental Impact Assessment System. -
The 
Management Board shall prosecute violations of laws and rules on Environmental 


19 
Impact Assessment System. Such violations shall be punished by imprisonment of 
2 
three (3) years to five (5) years; fine of One hundred thousand pesos (P100,OOO.OO) 
3 
for every day each violation subsists; rehabilitation of the affected area or the amount 
4 
equivalent thereto; and forfeiture of the vessels, structures, effects, materials and 
5 
equipment used, and the products of such violation. If the offender is a corporation, the 
6 
directors and officers shall suffer the imprisonment. The Management Board shall also 
7 
impose administrative fine of One hundred thousand pesos (P100,OOO.OO) for every 
8 
day each violation subsists; rehabilitation of the affected area or the amount equivalent 
9 
thereto; and confiscation and forfeiture of the vessels, structures, effects, materials 
10 
and equipment used, and the products of such violation. 
11 
SEC. 24. 
Violation of Standards. - The owner, operator and top three (3) 
12 
officers of any vessel violating the standards set by the Management Board, such as, 
13 
but not limited to, safety and sanitation standards, shall suffer administrative penalty of 
14 
fine ranging from Twenty thousand pesos (P20,OOO.OO) to Fifty thousand pesos 
15 
(P50,OOO.OO) for every day each violation subsists, and from suspension of three (3) 
16 
months to cancellation of permit to operate in ARNP. 
17 
SEC. 25. Obstruction to Law Enforcement Officer. - The boat owner, master, 
18 
operator, officer, or any person acting on his/her behalf, of any vessel who evades, 
19 
obstructs or hinders any law enforcement officer in the ARNP to perform his/her duty, 
20 
shall be administratively fined Fifty thousand pesos (P50,OOO.OO). In addition, the 
21 
registration, permit and/or license of the vessel including the license of the officers 
22 
thereof shall be canceled. 
23 
SEC. 26. Subsidiary Imprisonment. -
Non-payment of judicial fines imposed 
24 
under this Act shall be subject to subsidiary imprisonment as provided for by existing 
25 
laws. 
26 
SEC. 27. Fines and Forfeitures. - All administrative fines and forfeitures that 
27 
may be imposed by the Management Board under this Act, and the rules and 
28 
regulations that may be promulgated in pursuit of the goals and objectives of this Act 
29 
shall form part of the funds and assets of ARNP. 


20 
1 
In case of administrative confiscation or forfeiture of vessels, structures, effects, 
2 
materials and equipment and the same is not necessary for the proper prosecution of 
3 
the offense charged, the Management Board may sell the forfeited vessels, structures, 
4 
effects, materials and equipment in a public auction. Proceeds of the said sale shall 
5 
accrue to the ARNP created under this Act. 
6 
In case the confiscated vessels, structures, effects, materials and equipment 
7 
are in custodia legis, the Management Board or its counsel, after proper proceedings 
8 
may move for the sale of the confiscated or forfeited vessels, structures, effects, 
9 
materials and equipment pendente lite: Provided, That the said vessels, structures, 
10 
effects, materials and equipment are no longer necessary for the proper prosecution of 
11 
the offense or if the same is necessary but substitute evidence is accepted by the 
12 
court. The proceeds of the said sale shall likewise accrue to the ARNP Fund created 
13 
under this Act. 
14 
SEC. 28. Violation of Other Laws. - Prosecution for violation of this Act shall be 
15 
without prejudice to the prosecution of the offender for violation of other laws, rules 
16 
and regulations. 
17 
SEC. 29. 
The ARNP Revolving 
Fund. 
-
There is hereby established a 
18 
revolving 
fund to be known as ARNP Revolving Fund for purposes of financing 
19 
projects of the ARNP. All income generated from the operation of the ARNP or 
20 
management of wild flora and fauna therein shall accrue to said fund. These income 
21 
shall be derived from visitor/tourist fees, fees from permitted sale and export of flora 
22 
and fauna and other resources from the ARNP, proceeds from registration and lease 
23 
of multiple-use areas, including tourism concessions, contributions from industries and 
24 
facilities directly benefiting from the ARNP; and such other fees and income derived 
25 
from the operation of the ARN P. 
26 
The ARNP Revolving Fund may be augmented by grants, donations, 
27 
endowment from various sources, domestic or foreign, for purposes related to their 
28 
functions: Provided, That seventy-five percent (75%) of all such collections shall be set 
29 
aside and retained by the Management Board of ARNP, which shall appropriate the 
30 
same exclusively for the management and operation of the ARNP: Provided, further, 


.' 
21 
1 
That the remaining twenty-five percent (25%) shall be remitted to the Integrated 
2 
Protected Areas Fund (IPAF), 
3 
The Management Board shall have the sole power to decide on the use of its 
4 
funds from whatever source, 
5 
Donations, grants and endowments to ARNP shall be exempt from donor's tax 
6 
and the same 'shall be considered as allowable deductions from the gross income in 
7 
the computation of the income tax of the donor. 
8 
SEC, 30, 
Energy and Non-renewable Resources. -
Any exploitation or 
9 
utilization of non-renewable resources within the ARNP shall not be allowed, 
10 
Renewable energy projects within the ARNP shall be allowed only through an act of 
11 
Congress, except energy from wind, sun, and water sources and not more than one 
12 
(1) megawatt capacity for mini-hydro power: Provided, That these renewable energy 
13 
projects are established outside the strict protection zone, adopt reduced impact 
14 
technologies and undergo the Environmental Impact Assessment (EIA) system as 
15 
provided by law: Provided, further, That the endorsement of the Management Board 
16 
has been obtained, 
17 
SEC, 31, Appropriations, -
The Secretary shall immediately include in the 
18 
DENR's program the implementation of this Act, the funding of which shall be included 
19 
in the annual General Appropriations Act 
20 
SEC, 32, Construction and Suppletory Application of Existing Laws, -
The 
21 
provisions of this Act shall be construed liberally in favor of achieving biodiversity 
22 
conservation, protection and sustainable development Provisions of Republic Act No, 
23 
7586, otherwise known as the National Integrated Protected Areas Management Act of 
24 
1992 and existing forestry laws, and their corresponding rules and regulations not 
25 
inconsistent he.reto shall have the suppletory effect in the implementation of this Act 
26 
SEC, 33, Repealing Clause. - For the purpose of this Act, Sections 11, 15, 20 
27 
and 21 of Republic Act No, 7586 are hereby modified, All other laws, rules and 
28 
regulations inconsistent with the Act are hereby repealed or modified accordingly, The 
29 
prohibition and penalties under Republic Act No, 7586 are hereby superseded for the 
30 
entire area covered by this Act 


." . 
22 
SEC. 34. Separability Clause. - The provisions of this Act are hereby declared 
2 
to be separable, and in the event one or more of such provisions are held 
3 
unconstitutional, the validity of other provisions shall not be affected thereby. 
4 
SEC. 35. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
5 
complete publication in the Official Gazette or in a national newspaper of general 
6 
circulation available in the ARNP. 
Approved,