THIRTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
1 
Third Regular Session 
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Prepared by the Committee on Environment and Natural Resources with Sen. Cayetano and the members of 
the Committee as authors 
AN ACT 
DECLARING THE TACDOGAN REEF IN THE MIDDLE OF TICAO PASS, LOCATED IN 
THE WATERS BETWEEN THE PROVINCES OF SORSOGON AND MASBATE, A 
NATIONAL PARK TO BE KNOWN AS THE TACDOGAN REEF NATIONAL MARINE 
PARK 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled. 
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SEC. 1. The Tacdogan Reef in the middle of Ticao Pass, located in the 
waters between the Provinces of Sorsogon and Masbate, is hereby declared a. 
national park to be known as the Tacdogan Reef National Marine Park. 
-There shall be a PAMB which shall have sole jurisdiction, power 
and authority such as, but not limited to, policy-making and permit granting over the 
PA for all matters that may affect biodiversity conservation, protection and sustainable 
development. It shall be composed of: 
SEC. 2. 
(1) the Regional Executive Director (RED) of the DENR Region V, as Chairman; 
(2) the City Mayor of Butuan City and the Provincial Governors of Sorsogon and 
(3) 
(4) representatives from government agencies involved in the PA management 
Masbate, or their duly designated representatives, as members; 
maximum of three representatives from POs and NGOs, as members; 
as may be determined by the DENR, as members; 
(5) the PASu, as ex officio member; and 
(6) representatives from the water districts of the LGUs concerned, as members; 
Every member of the PAMB shall serve for a term of five years and shall be 
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considered to represent his or her sector and deemed to carry the vote of such sector 
in all matters. In the case of members who are government officials, the term of office 
shall be attached to the office held. 
In the selection of the representatives of POs and NGOs, preference shall be 
accorded to those organizations that are involved in the conservation, protection and 
development of the PA. Representation shall be by institution and shall aim to 
achieve balance in representation by geographic location or areas. 
The representatives from the LGUs and national agencies in the PAMB shall 
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2%. 
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3% 
include among their duty to appraise their respective constituents, office or sector, to 
ensure that the provisions of this Act is consistent with the 
Local Government Code of 1991 (R. A. No. 7160), other relevant statutes and 
ordinances, and local and national development plans and projects. Failure to comply 
with the foregoing shall subject such representative to disciplinary action as the PAMB 
may provide. 
SEC. 3.- The PAMB of the Tacdogan Reef Natural Marine Park shall have 
the following powers and functions: 
(a) Issue rules and regulations to prohibit acts that may be prejudicial to the PA 
and to the declaration of policy set forth under the NIPAS; 
(b) Issue rules and regulations for the resolution of conflicts through appropriate 
and effective means; 
(c) Adopt rules and procedures in the conduct of business, including the creation 
(d) Approve the management plan and oversee the office of the PASu; 
(e) Establish criteria an'd set fees for the issuance of permits for activities 
(9 Deputize appropriate individuals for the enforcement of the laws, rules and 
of committees to which its powers may be delegated; 
regulated by this Act or the management plan; 
regulations governing the conduct or management of the PA; and 
(9) Approve proposals for funding, budget allocations and exercise responsibility 
over all funds that may accrue to the Tacdogan Reef Natural Marine Park. 
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The DENR, through the Regional Executive Director (RED), shall exercise the 
authority to oversee the PAMB to ensure that it is acting within the scope of its powers 
and functions. In case of conflict between Administrative Orders issued by the DENR 
pursuant to the NIPAS Act and other laws and resolutions issued by the PAMB, such 
conflict shall be referred by PAMB to the Secretary of the DENR who shall decide 
whether to apply the rule or withdraw its application. The decision of the DENR 
Secretary shall be guided by specific policies adopted by the PAMB and shall be 
appealed to the Regional Trial Court that has jurisdiction over the PA. 
SEC. 4.- 
There is hereby established a PASu office in charge of the 
management, protection and administration of the PA. The PASu shall be supported 
by the existing personnel of the DENR. The head of office shall be the Chief 
Operating Officer of the Tacdogan Reef Natural Marine Park and shall be accountable 
to the RED of the DENR-Reg.V and the PAMB. The PASu shall have the following 
powers and functions: 
(1) Prepare the management and successor plans as herein defined; 
(2) Provide a secretariat for the PAMB which shall have the duty to supply the 
PAMB with all the necessary information for appropriate action; 
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(3) Establish a productive partnership with the local community, including groups 
interested in the achievement of the goals and objectives of the PA, and in the 
planning, protection and management thereof; 
(4) Develop and implement a park information, education and visitor program; 
(5) Enforce the laws, rules and regulations relevant to the PA, institute and file 
legal action independently or in collaboration with other government agencies or 
organizations and assist in the prosecution of offenses committed in violation of this 
Act; 
(6) Monitor all activities within the PA regarding its conformity with the 
(7) Issue PA permits based on terms, conditions and criteria established by the 
(8) Perform such other functions as the PAMB may delegate. 
management plan; 
PAMB; and 
SEC. 5. To ensure the conservation and preservation of the natural resources 
and marine biodiversity in the area, the following acts are prohibited within the 
Tacdogan Reef National Marine Park: 
(a) 
Hunting, destroying, disturbing or mere possession of any marine 
'resources or products derived therefrom without a permit; 
' 
(b) 
Dumping or otherwise disposing of any waste product detrimental to the 
area or to plants, animals or inhabitants therein; 
(c) 
(d) 
Use of any motorized equipment therein without a permit; 
Mutilating, defacing or destroying objects of natural beauty or ecological 
importance; 
tendency to damage its ecological balance; 
(e) 
Mineral or energy exploration or any entry into the area which has a 
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Constructing or maintaining any kind of structure, fence or enclosures 
and conducting any business enterprise without a permit; 
(9) 
(h) 
Altering, removing, destroying or defacing boundary marks of buoys; and 
Performing any other act analogous to the foregoing. 
Any person found guilty of any of the offenses enumerated above 
shall be punished with a fine of not less than Five thousand pesos (P5,OOO.OO) but not 
more than Five hundred thousand pesos (P500,OOO.OO) exclusive of the value of the 
things or objects damaged, or imprisonment of not less than one (1) year and not 
more than six (6) years, or both fine and imprisonment, as determined by the Court: 
Provided, That the prohibited acts mentioned in paragraph (a) of Section 2 hereof 
shall be punished with the penalties imposed under Article 309 and Article 310 of the 
Revised Penal Code: Provided, moreover, That if any area within the Tacdogan Reef 
National Marine Park shall require rehabilitation and restoration as determined the 
SEC. 6. 
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Court, the offender shall be required to restore or compensate for the restoration of 
the damage. The Court shall likewise order the fotfeiture of all mineral, flora, or fauna 
collected or removed, including all equipment, vessel, devices, and firearms used in 
connection therewith, and any construction or improvement made thereon by the 
offender. If the offender is an association or corporation, the president or manager 
shall be responsible for the act of hidher employees and laborers. 
SEC. 7. The Department of Environment and Natural Resources (DENR), in 
coordination with the Department of Agriculture, Provincial Government of Masbate, 
Provincial Government of Sorsogon, Municipal Government of San Jacinto, Masbate, 
and other concerned government agencies, shall establish the boundaries of the 
marine park whose technical description shall be incorporated in the rules and 
regulations of this Act. 
SEC. 8. Within six (6) months following the effectivity of this Act, the Secretary 
of the DENR shall promulgate the implementing rules and regulations for the effective 
implementation of this Act. 
SEC. 9. The provisions of this Act shall be construed liberally in favor of 
achieving 
biodiversity conservation, protection and sustainable development Provisions of 
Republic Act No. 7586, otherwise known as the National Integrated Protected Areas 
Management Act of 1992 and existing forestry laws, and their corresponding rules and 
regulations not inconsistent hereto shall have the suppletory effect in the 
implementation of this Act. 
SEC. I O .  This Act shall take effect upon its approval 
Approved, 
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