SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
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S.No.~ 
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Introduced by SENATOR PIA S CAYETANO 
EXPLANATORY NOTE 
This bill seeks to declare the Malampaya Sound Protected Land and Seascape 
(MSPLS) in Palawan as a protected area. 
The MSPLS, which covers 200,115 hectares, is an important area for 
conservation of biological diversity being rated as Extremely High urgent (EHu) for 
conservation priority area. The Malampaya Sound or the "Fish Bowl of the Philippines" 
contains a vast number of aquatic life forms, including rare and threatened species like 
the Irrawaddy Dolphins and Fineless Porpoise. MSPLS serves as a home to a number of 
wildlife which includes the Palawan Bear Cat, the Palawan Porpucpine, the Civet Cat, 
the Scaly Anteater, the Palawan Stink Badger, the Palawan Tree Shrew and the 
Philippine Macaque, At least seven endemic bird species have also been observed in 
the area. MSPLS bears a significant forest cover characterized primarily of dipterocarp 
forest 
Recognizing the value of the area, it was established as Malampaya Sound 
Protected Land and Seascape by virtue of Presidential Proclamation No. 342, dated July 
12,2000. 
This bill, therefore, seeks to declare the Malampaya Sound Protected Land and 
Seascape 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 tbis measure is earnestly urged. 


S:rntltl:' 
SIXTEENTH CONGRESS OF THE 
*1i;.of'Ht<;i,.".lll1l1 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
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____________ ~~A~E~9 ______ :'_:::: OV'f-" 
Introduced by SENATOR PIA S, CAYETANO 
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AN ACT 
TO ESTABLISHING THE MALAMPAYA SOUND SITUATED IN THE MUNICIPALITIES 
OF TAYTAY AND SAN VICENTE, PROVINCE OF PALAWAN, AS A PROTECTED 
AREA UNDER THE CATEGORY OF PROTECTED LANDSCAPE AND SEASCAPE 
PROVIDING FOR ITS MANAGEMENT AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Title, - This Act shall be known as the "Malampaya Sound Protected 
Landscape and Seascape (MSPLAS ) Act of 201Y 
SEC. 2. Land Classification, -
All lands of the public domain cotl)Prising the 
Malampaya Sound Protected Landscape and Seascape shall fall under the classification 
of National Park as provided for in the Philippine Constitution. 
SEC. 3. Definition of Terms. - For purposes of this Act: 
(a) "Ancestral Domain" refers to all areas generally belonging to ICCs/IPs comprising 
lands, inland waters, coastal areas, and natural resources therein, held under a claim of 
ownership, occupied or possessed by the ICCs/IPs, by themselves or thru their 
ancestors, communally or individually since time immemorial, continuously to the present 
except if interrupted by war, force majeure or displacement by force, deceit, stJalth or as 
a consequence of government projects or any other voluntary dealings entered into by 
government or public individuals/corporations, and which are necessary to ensure their 
economiC, social and cultural welfare. It shall include ancestral lands, forests, pasture, 
reSidential, agricultural, and other lands individually owned whether alienable and 
disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, 
mineral and other natural resources, and lands which may no longer be exclusively 
occupied by ICCs/IPs but from which they traditionally had access to for their subsistence 
and traditional activities, particularly the home ranges of ICCslIPs who are still nomadic 
and/or shifting qultivators". 


(b) "Biodiversity" refers to the variety and variability among all living organisms 
, 
2 
and the ecological complex in which they are found; refers t~ variety and variability 
3 
among living organisms and the ecological complexes in which said organisms occur. 
4 
5 
(c) "Biological resources" includes genetic resources, organisms or parts thereof, 
6 
population, or any other biotic component of ecosystems with actual or potential use or 
7 
value for humanity. 
B 
(d) "Bioprospecting" refers to the research, collection and utilization of biological 
9 
and genetic resources for the purpose of applying the knowledge derived therefrom to 
10 
make or modify products or processes and their derivatives for scientific, agricultural, 
11 
industrial and other applications; means the research, collection and utilization of 
12 
biological and genetic resources for purposes of applying the knowledge derived 
13 
therefrom solely for commercial purposes, 
14 
(e) "Buffer Zone" is the identified area outside the boundaries of and immediately 
15 
adjacent to designated protected areas that need special development control in order to 
16 
avoid or minimize harm to the protected area, 
17 
(f) "By-product" refers to any part taken from wild species such as, but not 
18 
limited to, hides, antlers, feathers, fur, teeth, claws, internal organs, eggs, guano, root, 
19 
trunk, branches, leaves, stems. flowers, and any other item produced out of utilizing 
20 
wildlife or any of its parts; means any part taken or substance extracted from wildlife, in 
21 
raw or In processed form, This includes stuffed animals and herbarium specimens, 
22 
(g) "Collection or collecting" is the act of gathering or harvesting wildlife, its by-
23 
products or derivatives, 
24 
(h) "Conservation" means preservation and sustainable utilization of wildlife, and/or 
25 
maintenance, restoration and enhancement of the habitat. 
26 
(i) "Ecosystem" means the dynamic complex of plant, animal and micro-organism 
27 
communities and their non-living 'environment interacting as a functional unit. 
28 
Ul "Endangered species" refers to species or subspecies of flora and fauna that is 
29 
not critically endangered but whose survival in the wild is unlikely if the causal factors 
30 
continue operating, 
31 
(k) "Endemic species" means species or subspecies of flora and fauna which is 
32 
naturally occurring and found only within specific areas in the country, 
33 
(I) "Exotic species" means species or subspecies of flora and fauna which do not 
34 
naturally occur within the protected area at present or in historical time, 
35 
(m) "Exploration" refers to searching or prospecting for mineral resources, as 
36 
defined by law, by geological, geOChemical or geophysical surveys, remote sensing, 
37 
test pitting, trenching, drilling, shaft sinking, tunneling or any other ,means for the 
3 


purpose of determining the existence, extent, quantity and quality thereof and the 
2 
feasibility of mining them for profit. 
3 
(n) "Exploitation" refers to any mode of use, extraction, development, utilization 
4 
or disposition of resources, for whatever purpose, whether commercial or otherwise. 
5 
(0) "Habitat" refers to an area inhabited by wildlife in the natural state; means a 
6 
place or type of environment where a species or subspecies naturally occurs or has 
7 
naturally established its population. 
8 
(p) "Hunting" refers to collection of wild fauna for food andlor recreational purposes 
9 
with the use of weapons such as guns, bow and arrow, spear and the like. 
10 
(q) "Indigenous Cultural Communities or Indigenous people (ICCs/lPs)" refers to a 
11 
group of people or homogenous societies identified by self-ascription and ascription by 
12 
others, who have continuously I,ived as organized community on communally bounded 
13 
and defined territory, and who have, under claims of ownership since time immemorial, 
14 
occupied, possessed and utilized such territories, sharing common bonds of language, 
15 
customs, traditions and other distinctive cultural traits, or who have, through resistance to 
16 
political, social and cultural inroads of colonization, non-indigenous religions and cultures, 
17 
became historically differentiated from the majority of Filipinos. IPs shall likewise include 
18 
peoples who are regarded as indigenous on account of their descent from the populations 
19 
which inhabited the Country, at the time of conquest or colonization, or at the time of 
20 
Inroads of non-indigenous religions and cultures, or the establishment of present state 
21 
boundaries, who retain some or all of their own social, economic, cultural and political 
22 
institutions, but .who may have been displaced from their traditional domains or who may 
I 
23 
24 
25 
have resettled outside their ancestral domains. 
(r) "Large-scale infrastructure projects' 
highways, tall edifices, major dams and the like. 
refers to major port facilities, major 
26 
(s) "Management plan" refers to the fundamental plan, strategy and/or scheme 
27 
which shall guide all activities relating to the MSPLS in order to attain the objectives of 
28 
this Act. 
29 
(t) "Mineral" refers to all naturally occurring inorganic substance in solid, gas, 
30 
liquid, or any intermediate state including energy materials such as coal, petroleum, 
31 
natural gas, radioactive materials, and geothermal energy. 
32 
(u) "Multiple-Use Zone" refers to areas where settlement, traditional and/or 
33 
sustainable land use, including agriculture, agro-forestry, extraction activities and other 
34 
income generating or livelihood activities, may be allowed to the extent prescribed in the 
35 
Protected Area Management Plan as provided for in the NIPAS Act. 
36 
(v) "National Integrated Protected Areas System (NIPAS)" is the classification and 
37 
administration of all designated protected areas to maintain essential ecological 
38 
processes and life-support systems, to preserve genetic diversity, to ensure sustainable 
4 


use of resources found therein, and to maintain their natural conditions to the greatest 
2 
extent possible. 
3 
(w) "National Park" refers to the land of the public domain classified as such in the 
4 
1987 Constitution which include all areas under the National Integrated Protected Areas 
5 
System (NIPAS) pursuant to RA 7586 primarily deSignated for the conservation of native 
6 
plants and animals, their aSSOCiated habitats and cultural diversity. 
7 
(x) "Non-Governmental Organization (NGO)" refers to an agency, institution, 
8 
foundation 
or 
a group 
of persons whose 
purpose 
is 
to 
assist 
peoples 
9 
organizations/associations in various ways including, but not limited to, organizing, 
10 
education, training, research and/or resource accessing. 
11 
(z) "People's Organization" means a group of organized migrant communities and 
12 
or interested indigenous peoples which may be an association, cooperative, federation, or 
13 
other legal entity, establiShed to undertake collective action to address community 
14 
concerns and needs, and mutually share the benefits of the endeavor. 
15 
(aa) "Protected area" refers to identified portions of land and water set aside by 
16 
reason of their unique physical and biological significance, managed to enhance 
17 
biological diversity and protected against destnuctive human exploitation. Unless 
18 
otherwise provided, it shall refer to the MSPLAS. 
19 
(bb) "Protected landscapefseascape" refers to an area of national significance 
20 
which is characterized by the harmonious interaction of man and land while providing 
21 
opportunities for public enjoyment through recreation and tourism within the normal 
22 
lifestyle and economic activity of the area. 
23 
(cc) "Protected species" refers to any plant or animal declared protected under 
24 
Philippine laws, rules and regulations. This shall also include plants and animals 
26 
under CITES, the Bonn Convention on Migratory Species, species under the red-list 
26 
categories of the International Union for the Conservation of Nature, and species 
27 
which may not be considered threatened elsewhere but are in danger of extinction 
28 
within the MSPLAS as determined by the Protected Area Management Soard 
29 
(PAMS). 
30 
(dd) "Quarrying" refers to the process of extracting, removing and disposing 
31 
quarry resources, as defined by law, found on or underneath the surface of private or 
32 
public land. 
33 
(ee) "SpeCial use zones" refers to areas containing existing installations of 
34 
national significance such as telecommunication facilities, irrigation canals or electric 
35 
power lines. 
36 
(If) "Strict protection zone" is a natural area with high biodiversity value which shall 
37 
be closed to all human activity except for scientific studies and/or ceremonial or religious 
5 


use by the indigenous cultural communitieslindigenous peoples; may include habitats of 
2 
threatened species, or degraded areas that have been designated for restoration and 
3 
subsequent protection, even if these areas are still in various stages of regeneration, 
, 4 
(gg) "Sustainable use" means the use of components of biological diversity in a 
5 
way and rate that does not lead to the long-term decline of biological diversity, thereby 
6 
maintaining its potential to meet the needs and aspirations of present and futu re 
7 
generations. 
8 
(hh) "Tenured Migrants" refers to occupants who have actually and continuously 
9 
occupied a portion of the protected area and is solely dependent therein for SUbsistence. 
10 
A protected area occupant is understood to be "solely dependent for subsistence" when 
11 
everything indispensable for survival for the household, including food, clothing, shelter 
12 
and health, comes only from the utilization of resources from the protected area. 
13 
(ii)"Wildlife" refers to wild forms and varieties of flora and fauna, including 
14 
captive-bred or propagated individuals, parts, derivatives and by-products thereof. 
15 
SEC. 4. Scope and Coverage. - Pursuant to and in accordance with Republic Act 
16 
No. 7586, the Malampaya Sound situated in the municipalities of Taytay and San Vicente, 
17 
Province of Palawan, is hereby declared and establiShed as a protected area and part of 
! 
18 
the National Integrated Protected Area System under the category of Protected 
19 
Landscape and Seascape as defined herein. It shall be referred to as the Malampaya 
20 
Sound Protected Landscape and Seascape (or MSPLAS) and its boundaries shall be as 
21 
follows: 
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Beginning at point marked "1" on DENR NIPAS Map No. - at S 7'33'4.11, E 
3058.150 meters more or less, from BLLM No.2 at 10'49'46.616 latitude and 
119'31'0.383" longitude, Taytay Cadastre, Province of PaJawan thence: 
s 
o degrees 
48' 
65.11" 
W 
2,922.33 m 
to point 2 
thence 
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1 degrees 
26' 
52.55" 
E 
1,283.91 m 
to point 3 
thence 
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23 degrees 
47' 
14.00" 
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958.93 m 
to point 4 
thence 
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26 degrees 
4' 
33.51" 
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1,595.34 m 
to point 5 
thence 
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9 degrees 
51' 
17.19" 
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1,709.81 m 
to point 6 
thence 
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25 degrees 
25' 
52.50" 
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14.086.64 m 
to point 7 
thence 
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69 degrees 
32' 
46.33" 
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4,112.73 m 
to point 8 
thence 
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12 degrees 
54' 
59.36" 
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5,346.46 m 
to point 9 
thence 
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12,303.31 m 
to point 10 
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thence 
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thence 
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to point 13 
thence 
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to point 14 
thence 
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16,060.90 m 
to point 15 
thence 
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46.58" 
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45,652.49 m 
to point 16 
thence 
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28.94" 
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8,174.64 m 
to point 17 
thence 
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40 degrees 
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25.31" 
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765.31 m 
to point 18 
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thence 
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69 degrees 
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37' 
2.16
11 
3.55" 
28.37" 
12.73" 
7.71" 
16.98" 
11.92" 
53.02" 
43.32" 
10.37" 
12.20" 
37.15" 
17.79" 
49.11" 
9.19" 
2.45" 
28.80" 
20.49' 
43.56" 
8.28" 
32.46" 
5.54" 
9.82" 
49,29" 
55.87" 
33.58" 
57.28" 
46.89" 
13.81" 
41.50" 
57.14" 
39.53" 
33.54" 
15.86" 
57.98" 
27.16" 
9.31" 
43.60" 
2.50" 
51.31" 
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51.60" 
51.18" 
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1B.64" 
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9,789.75 m 
4,204.90 m 
1,621.76 m 
4,691.18m 
290.91 m 
641.88 m 
306.17 m 
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513.75 m 
617.19m 
848.35 m 
238.51 m 
249.50 m 
737.71 m 
4B7.98 m 
262.63 m 
220.56 m 
248.89 m 
360.12 m 
336.43 m 
196.06 m 
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339.75 m 
382.64 m 
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524.82 m 
1,438.08 m 
1,094.83 m 
1,728.93 m 
1,269.10 m 
166.35 m 
125.61 m 
131.21 m 
189.63 m 
103.51 m 
59.50 m 
70.53 m 
55.33 m 
59.50 m 
101.33 m 
133.24 m 
217.59 m 
to point 1.9 
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to point 95 
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to point 64 


thence 
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22 degrees 
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59.50 m 
to point 65 
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thence 
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155.57 m 
to pornt 66 
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thence 
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118.99m 
to point 67 
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thence 
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62.23 m 
to paint 68 
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thence 
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138.28 m 
to point 69 
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thence 
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133.24 m 
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thence 
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24 degrees 
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182.79 m 
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thence 
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165.99 m 
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thence 
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64.32 m 
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thence 
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37 degrees 
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70.53 m 
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thence 
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80.49 m 
to point 75 
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thence 
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145.51 m 
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thence 
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1G8.25m 
to point 77 
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thence 
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206.56 m 
to pOint 79 
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to paint eo 
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695.72 m 
to paint 81 
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thence 
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15 degrees 
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5442" 
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3,950.97 m 
to pOint 82 
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thence 
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4,517.09 m 
to paint 83 
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thence 
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37 degrees 
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581.85 m 
to pOint 84 
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thence 
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348.64 m 
to point 85 
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thence 
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290.04 m 
to point 86 
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thence 
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225.91 m 
to point 87 
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thence 
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50 degrees 
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51.87" 
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413.73 m 
to pOint 88 
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thence 
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.E 
326.77 m 
to point 89 
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thence 
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48 degrees 
0' 
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311.42 m 
to point 90 
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thence 
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46 degrees 
24' 
40.23" 
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350.11 m 
to point 91 
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thence 
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26' 
28.33" 
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422.11 m 
to paint 92 
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thence 
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28 degrees 
29' 
57.05" 
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7,660.05 m 
to point 1 
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containing an approximate area of Two Hundred Thousand and One Hundred Fifteen 
31 
(200,115) hectares, subject to actual ground survey. 
32 
The technical descriptions provided in this Act will be subject to 9 round survey and 
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verification to be conducted by the Department of Environment and Natural Resources. 
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Any modification of the coverage of this Act due to such factors as changing ecological 
35 
situations, new scientific or archeological findings, or discovery of traditional boundaries 
36 
not previously taken into account shall be made through an act of Congress, after 
37 
consultation with the affected public and concerned government agencies. 
38 
SEC. 5. Management of the MSPLAS. - There is hereby created a PAMB which 
39 
shall have sale jurisdiction, power and authority over the MSPLAS for all matters that may 
40 
affect biodiversity conservation, protection and sustainable development. It shall be 
41 
composed of: 
42 
(a) The Regional Executive Director (RED) of DENR-Region IV, as chairperson; 
43 
(b) Provincial Planning and Development Officers of the Province of Palawan; 
8 


(c) The Mayors of the Municipalities of Taytay and San Vicente of the Province of 
2 
Palawan, or their duly designated representatives; 
3 
(d) One representative from each barangay covering the MSPLAS; 
4 
(e) At least two (2) representatives from local pas with stakes in the MSPLAS, 
5 
chosen from among themselves; 
6 
(f) At least three (3) representatives from the local NGOs with stakes in the 
7 
MSPLAS, chosen from among themselves; and 
8 
(g) One representative from each tribal community residing within the MSPLAS; 
9 
Each member of the PAMB shall serve for a term of five (5) years and shall be 
10 
considered to represent his or her sector and deemed to carry the vote of such sector in 
11 
all matters. In the case of members who are government officials, the term of office shall 
12 
be attached to the office held. 
13 
The members of the PAMB shall be apPOinted by the Secretary of the DENR in 
14 
conforrnity with the provisions of the NIPAS Act. As a transitory provision, the initial 
15 
members of the PAMB shall be nominated from the current members of the interim 
16 
PAMBs of the five (5) component areas of the MSPLAS. Their nominations shall be 
17 
conducted in a joint meeting of the current members of the interim PAMBs duly called for 
18 
the purpose: Provided, further, that at least one-third (1/3) of the members shall be 
19 
women. 
20 
In the selection of the representatives of POs and NGOs, preference shall be 
21 
accorded to those organizations that are involved in the conservation, protection and 
22 
development of the MSPLAS. Representation shall be by institution and shall aim to 
23 
achieve balance in representation by geographic location or areas. 
24 
The representatives from the LGUs and national agencies in the PAMB shall 
25 
include among their duty to appraise their respective constituents, office or sector, of 
26 
PAMB approved or other relevant policies, rules, regulations, programs and projects and 
27 
to ensure that .the prOVisions of this Act are observed, complied With, and Jsed as 
28 
reference and framework in their respective plans, policies, programs and projects. 
29 
Failure to comply with the foregoing shall subject such representative to disciplinary 
30 
action as the PAMB may provide. 
31 
The members of the Board shall not receive any salary but shall be entitled to 
32 
reimbursements for actual and necessary expenses incurred, either in their attendance in 
33 
meeting of the Board or in connection with other official business authorized by a 
34 
resolution of the Board, subject to existing rules and regulations. 
35 
SEC. 6, 
Powers and Functions of the PAMB. -
The PAMB of the MSPLAS, 
36 
which shall decide by consensus or majority vote, shall have the following duties and 
37 
functions, in addition to the duties and functions enumerated in the implementing rules 
38 
and regulations of the NIPAS Act: 
9 


(1) 
Issue rules and reg~lations to prohibit acts that may be prejudicial to the 
2 
MSPLAS and to the declaration of policy set forth under the NIPAS; 
3 
(2) Issue rules and regulations for the resolution of conflicts through appropriate and 
4 
effective means; 
5 
(3) Adopt rules and procedures in the conduct of business, including the creation of 
6 
committees to which Its powers may be delegated; 
7 
(4) Approve the management plan and oversee the office of the PASu; 
8 
(5) Establish criteria and set fees for the issuance of permits for activities regulated 
9 
by this Act or th.e management plan; 
10 
(6) Recommend the deputization of appropriate individuals, including local 
11 
community leaders, for the enforcement of the laws, rules and regulations governing the 
12 
conduct or management of the MSPLAS; 
13 
(7) Approve fees and charges in accordance with DAO 51, Series of 2000 and raise 
14 
funds for the MSPLAS; 
15 
(8) Manage the allocation of the MSPLAS Fund ,and other funds for the MSPLAS, 
16 
ensure their proper administration and render accounting; and 
17 
(9) Recommend appropriate policy changes to the DENR and other government 
18 
authorities. 
19 
The DENR, through the Regional Executive Director (RED), shall ensure that the 
20 
PAMB acts within the scope of its powers and functions. In case of conflict between 
21 
administrative orders issued by the DENR pursuant to the NIPAS Act and the resolutions 
22 
issued by the PAMB, such conflict shall be referred by PAMB to the DENR Secretary 
23 
who shall decide whether to apply the rule or withdraw its application from the MSPLAS. 
24 
SEC. 7. 
Protected Area Superintendent (PASu) Office. - The Protected Area 
25 
Superintendent (PASu) Office is hereby created within the DENR Regional office to be 
26 
headed by the PASu who shall serve as the Chief Operating DENR Officer of the entire 
27 
MSPLAS. The PASu shall report directly to the RED of the DENR-Region IV and shall be 
28 
accountable to the PAMB. The PASu and the PASu staff shall reside within the MSPLAS 
29 
and establish an office in order to implement this Act. 
30 
The PASu shall have full responsibility for the protection of land, water, wildlife and 
31 
other natural physical and biological resources within the MSPLAS. As such, the PASu 
32 
shall have the following powers and functions in addition to those provided under the 
33 
NIPAS and its implementing rules and regulations: 
34 
(1) Establish, operate, and maintain a database management system as a decision 
35 
support tool; 
36 
(2) Prepare the management plan as herein defined; 
37 
(3) Provide a secretariat for the PAMS and supply the PAMS with all the necessary 
38 
information to make appropriate decisions for the implementation of this Act; 
10 


(4) Enforce the laws, rules and regulations relevant to the MSPLAS, institute and file 
2 
legal action independently or in collaboration with other government agencies or 
3 
organizations and assist in the prosecution of offenses committed in violation of this Act; 
4 
(5) Monitor all activities within the MSPLAS to ensure its conformity with the 
6 
management plan; 
6 
(6) Ensure the integration of the MSPLAS management policies, regulations, 
7 
programs and projects in all concerned national and local government unit levels; 
8 
(7)-Recommend the issuance of permits based on terms, conditions and criteria 
9 
established by the PAMB; and 
10 
(8) Perform such other powers and duties as may from time to time be prescribed by 
11 
the PAMB and higher authorities. 
12 
SEC. 8. Indigenous Peof'e's Rights. - Ancestral domain and other customary 
13 
rights and interests of indigenous communities within the MSPLAS shall be accorded due 
14 
recognition. The preservation of ancestral domain and customary rights shall be 
15 
considered as one of the management objectives. The maintenance, management and 
16 
development of ancestral domains which are found to be necessary for MSPLAS will be 
17 
pursuant to Section 58 of Republic Act No. 8371, otherwise known as the "The 
18 
Indigenous Peoples Rights Act of 1997 (IPRAY'. 
19 
The identification, delineation and recognition of ancestral domain claims within the 
20 
MSPLAS shall be conducted by the National Commission on Indigenous Peoples (NCIP) 
21 
pursuant to the provisions the IPRA, and its implementing rules and regulations, in 
22 
coordination with the PAMB. 
23 
SEC. 9. 
Tenured Migrants and Other MSPLAS Occupants. -Tenured 
24 
migrants shall be eligible become stewards of portions of lands within allowable zones. 
25 
The PAMB shall identify, verify and review all tenurial instruments, land claims, and 
26 
issuances of permits for resource use within the MSPLAS and recommend the issuance 
27 
of the appropriate tenurial instrument consistent with the zoning provided in the 
28 
management plan. 
29 
Should areas occupied by tenured migrants be designated as zones in which no 
30 
occupation or other activities are allowed pursuant to the attainment of sustainable 
31 
development, provision for the transfer of said tenured migrants to multiple-use zones or 
32 
buffer zones shall be accomplished through just and humane means. 
33 
In the event of termination of a tenurial instrument for cause or by voluntary 
34 
surrender of rights, the PASu shall take immediate steps to rehabilitate the' area in order 
35 
to return it to its natural state prior to the cultivation or other act by the tenured migrant. 
36 
Other MSPLAS occupants who do not qualify as tenured migrants shall be 
37 
resettled outside the MSPLAS as determined by the PAMB. The PAMB shall determine, 
38 
plan and implement a definite, schedule for resettling them outside of the MSPLAS 
11 


following the procedures set forth by existing law. 
2 
SEC. 10. 
Prohibited Acts and Penalties. -
The following shall be the 
3 
prohibitions and penalties applicable to the MSPLAS, in addition to the prohibited acts as 
4 
provided in the NIPAS Act and its pertinent rules and regulations: 
5 
(A) The penalties provided for in Articles 309 and 310 of the Revised Penal Code, 
6 
depending on the value of the resources taken, damaged or destroyed, shall be imposed 
7 
upon any person who: 
8 
(1) Takes, destroys, collects, disturbs or possesses any wild terrestrial or aquatic 
9 
plants or animals, flora or fauna, sand, rocks or by-products derived therefrom, within 
10 
particularly identified regulated or prohibited areas zones in the MSPLAS including private 
11 
lands without the necessary permit, authorization or exemption: Provided, That hunting of 
12 
animals shall be absolutely prohibited except for scientific research and for traditional 
13 
hunting by the IPs/ICCs; 
14 
(2) Cuts, gathers, removes or collects timber or any forest products, within 
16 
particularly identified regulated or prohibited areas or zones in the MSPLAS including 
16 
private lands without the necessary permit, authorization or exemption; 
17 
(3) Possesses or transports, within or outside thEl MSPLAS any timber, forest 
18 
products, wild terrestrial or aquatic plants, animals, flora or fauna, or by-product derived 
19 
therefrom which is ascertained to have been taken from the MSPLAS; 
20 
(4) Undertakes mineral exploration or extraction within the MSPLAS; 
21 
(5) Engages in quarrying of sand, gravel, guano, limestone or any material within the 
22 
MSPLAS; 
23 
(6) Hunts, coliects, removes or destroys any endangered or protected species, 
, 
24 
except when collection or removal IS for scientific research and exempted from the 
25 
prohibition by the PAMB; 
26 
(7) Conducts bioprospecting within the MSPLAS without prior PAMB approval in 
27 
accordance with existing guidelines; or 
28 
(8) Establishes or introduces exotic species within the MSPLAS which are 
29 
detrimental to endemic species or without prior PAMB approval. 
30 
(B) A fine of not less than Five thousand pesos (P5,000.OO) nor more than Five 
31 
hundred thousand pesos (P500,000.00) and/or imprisonment from one (1) year but not 
32 
more than six (6) years shall be imposed upon any person who: 
33 
(1) Violates any rules and regulations in the management plan or by the PAMB or 
34. 
agreements reached before the PAMB in the exercise of adjudicative functions; 
35 
(2) Erects any structure on land or on water for any purposes outside the 
36 
management plan: Provided, That large-scale private infrastructure and other IprOjects 
37 
such as medium to high density residential subdivisions, medium to large commercial and 
38 
industrial establishments, golf-courses, heavily mechanized commercial and non-
12 


traditional farming, and other activities that cause increased in-migration, pollution and 
2 
resource degradation are absolutely prohibited; 
3 
(3) Possesses a chainsaw, hacksaw and other mechanized equipment within the 
4 
MSPLAS without a permit; 
5 
(4) Throws, dumps or causes to be dumped into the MSPLAS any non-
6 
biodegradable material or waste whether liquid, solid or gas; 
7 
(5) Uses, dumps, places or causes to be placed into the MSPLAS toxic chemicals, 
8 
including pesticides and other hazardous substances, unless the same is expressly 
9 
allowed in the management plan: 
10 
(6) Prospects, hunts or otherwise locates hidden treasures within the MSPLAS; 
11 
(7) Informally occupies or dwells in any land within the MSPLAS without clearance 
12 
from the PAMB; 
13 
(8) Posseses or uses blasting caps or explosives anywhere within the MSPLAS; 
14 
(g) Destroys, excavates, vandalizes or, in any manner, damages any natural 
15 
formation on land, religious, spiritual, historical sites, artifacts and other objects of natural 
16 
or scenic value; 
17 
(10) Alters, removes or destroys boundary marks or signs; 
18 
(11) Engages in kaingin, or, in any manner, causing forest fires inside the MSPLAS; 
19 
or 
20 
(12) Purchases, or sells, mortgages or leases lands or other portions of the MSPLAS 
21 
which are covered by any tenurial instrument. 
22 
Valuation of the damage for this Act shall take into account biodiversity and 
23 
conservation considerations as well as aesthetic and scenic value, Valuation assessed by 
24 
the DENR or the concerned government agency shall be presumed correct unless 
25 
otherwise proven by preponderant evidence, 
26 
Any person who shall induce another or conspire to commit any of the illegal acts 
27 
prohibited in this Act or ~uffer their workers to commit any of the same shall be liable in 
28 
the same manner as the one actually performing the act. 
29 
All conveyances, vessels, equipments, paraphernalia, implements, gears, tools 
30 
and similar devices shall be subject to immediate and administrative confiscation, 
31 
independent of the judiCial proceedings by the PASu Office upon apprehension, subject 
32 
however to due process and substantial evidence requirements, When iegal action is 
33 
however filed in the regular courts, the said conveyances, vessels, equipments, 
34 
paraphernalia, implements, gears, tools and similar devices, independent of the 
, 
35 
administrative proceedings, shall not be released until after judgment has been rendered, 
36 
Proceeds of the sale of ali objects administratively or judicially confiscated pursuant 
37 
hereto shall accrue to the MSPLAS Fund, Procedure for the sale thereof shall be 
38 
promulgated by the PAMB, However, in no case shall any confiscated or rescued 
13 


protected animal species be sold or in any manner disposed of but shall be immediately 
2 
turned over to the PASu office for release in its natural habitat, subject to existing 
3 
regulations. 
4 
The penalties specified in this Section will be in addition to the penalties contained 
5 
in RA 9072 (National Caves and Cave Resources Management and Protection Act), RA 
6 
9147 (Wildlife Resources Conservation and Protection Act), and other related laws. 
7 
Conviction for any offense under this Act, of a public officer or officer of the law 
8 
shall carry the accessory penalty of perpetual disqualification from public office. 
9 
SEC. 11. 
Existing FaCilities Within the MSPLAS. - Within sixty (60) days from 
10 
the effectivity of this Act, major existing facilities such as roads, buildings, water systems, 
11 
transmission lines, communication facilities, heavy equipment, and irrigation facilities 
12 
existing within the boundaries of the MSPLAS shall submit project description to the 
13 
PAMB through the PASu. 
14 
The PAMB, with the assistance of the DENR, shall determine whether the 
15 
existence of such facility and its future plan and operations will be detrimental to the 
16 
MSPLAS or whether conditions for its operation shall be imposed. If any such conditions 
17 
are violated, the owner of the facility shall be liable to pay a fine of Five Thousand Pesos 
18 
(P5,OOO.OO) for every violation. Upon reaching a total fine of Five Hundred Thousand 
19 
Pesos (P500,000.OO), the PAMS through the PASu and deputizing other government 
20 
entities, shall cause the cessation and demolition of the facility at the cost of its owner. 
21 
EXisting facilities allowed to remain within the MSPLAS may be charged a 
22 
reasonable royalty by the DENR. All income from such royalty shall accrue to the 
23 
MSPLAS Fund. 
24 
SEC. 12. 
Utilization of Resources. -
Any exploitation of or utilization of 
25 
nonrenewable resources within the MSPLAS shall not be allowed. Energy projects-within 
26 
the MSPLAS shall be allowed only through an act of Congress except energy from wind, 
27 
sun and water sources of not more than one (1) megawatt capacity for mini-hydro power: 
28 
Provided, That these renewable energy projects are established outSide the strict 
29 
protection zone, adopt reduced impact technologies and undergo the environmental 
30 
impact assessment (EIA) system as provided by law and: Provided, Further, that the 
31 
PAMS endorsef)lent has been obtained. 
32 
SEC. 13. 
Special Prosecutor and Retained Counsel. - Within thirty (3P) days 
33 
from the effectivity of this Act, the Department of Justice (DOJ) shall appoint a special 
34 
prosecutor to whom all cases of violation of laws, rules and regulations in the MSPLAS 
35 
shall be assigned. Such Special Prosecutor shall coordinate with the PAMB and the 
36 
PASu In the performance of hlslher duties and assist in the training of wardens and 
37 
rangers In arrest and criminal procedures. The PAMS may retain the services of a 
38 
counsel to prosecute andlor assist in the prosecution of cases under the direct control 
14 


'. 
and supervision of the regular or special prosecutor and to defend the members of the 
2 
PAMB, the PASu and the staff, or any person assisting in the protection, conservation 
3 
and sustainable development of the MSPLAS, against any legal action related to their 
4 
powers, functions and responsibilities as provided in this Act or as delegated or tasked by 
5 
the MSPLAS PAMB. 
6 
SEC. 14. 
Malampaya Sound Protected Landscape and Seascape Fund. -
7 
There is hereby established a trust fund to be known as the MSPLAS Fund for purposes 
8 
of financing projects of the MSPLAS. Seventy-five percent (75%) income generated from 
9 
the operation of the MSPLAS or management of wild flora and fauna in the MSPLAS shall 
10 
accrue to the fund. The remaining twenty-five percent (25%) shalt go to the Integrated 
11 
Protected Areas Fund (IPAF) as established in the NIPAS Act of 1992. 
12 
Income shall be derived from visitors/tourists fee, fees from permitted sale and 
13 
export of flora and fauna and other resources from the MSPLAS, proceeds from the 
14 
registration and lease of multiple-use areas, including tourism concessions, fees, 
15 
proceeds, and contributions from industries and facilities directly benefiting from the 
16 
MSPLAS, and such other fees and income derived from the operation of the MSPLAS. 
17 
The PAMS may impose and charge reasonable fees, such as but not limited to 
18 
water users fee for water extracted by commercial water extractors/distributors sourced 
19 
and generated from the protected area. Such fee structure may change as the PAMB 
20 
may see fit. 
21 
The Fund may be augmented by grants, donations, endowment from various 
22 
sources, domestic or foreign, for purposes related to their functions: 
Provided, 
23 
disbursements therefrom shall be made solely for the protection, maintenance, 
24 
administration and management of the system, and duly approved projects endorsed by 
25 
the PAMB in accordance with existing accounting and budgeting rules and regulations: 
26 
Provided, further, That the Fund shall not be used to cover personal services 
27 
expenditures. 
28 
The LGUs shall continue to impose and collect all· other fees not enumerated 
29 
herein which they have traditionally collected, such as bUSiness permits, property tax and 
30 
rentals of LGUs' facilities. Provided, LGUs may charge add-ons to fees imposed by the 
31 
PAMB: Provided, That such acld-ons shall be determined based On the contribution of 
32 
the LGUs in the maintenance and protection of the MSPLA8. 
33 
SEC. 15. 
Appropriations. - The Secretary of the DENR shall include in its 
34 
program the implementation of this Act, the funding of which shall be included in the 
35 
annual General Appropriations Act 
36 
SEC. 16. Construction and SUppletory Application of Existing Laws. The provisions 
37 
of this Act shall be construed liberally in favor of achieving biodiversity conservation, 
38 
protection and sustainable development Provisions of Republic Act No. 7586, otherwise 
15 


• 
known as the National Integrated Protected Areas Management Act of 1992 and existing 
2 
forestry laws, and their corresponding rules and regulations not inconsistent hereto shall 
3 
have the suppletory effect in the implementation of this Act. 
4 
SEC. 17, 
Transitory Provisions. -
In order to ensure the recovery and' 
5 
restoration of biological diversity, and to develop sustainable livelihood opportunities for 
6 
tenured migrants, the DENR shall henceforth cease to issue concessions, licenses, 
7 
permits, clearances, compliance documents or any other instrument that allows 
8 
exploitation and utilization of resources within the MSPLAS until the management plan 
9 
shall have been put into effect. 
10 
All existing land use and resource use permits within the MSPLAS shall be 
11 
reviewed and shall not be renewed upon their expiration unless consistent with the 
12 
management plan and approved by the PAMB, Moreover, areas determined by wildlife 
13 
habitat and potable water sources and reservoirs shall be declared protected and special 
14 
use zones, respectively, and their management and uses shall be consistent with the 
15 
provision of the respective executive orders, presidential proclamations and amendments 
16 
establishing them. 
17 
SEC. 19. Reporting Responsibility. - The PASu, through the PAMB, shall submit an 
18 
annual accomplishment report to the Secretary of the DENR on the activities undertaken 
19 
in the MSPLAS. 
20 
SEC, 20. Separability Clause. -If, for any reason, any part or section of this Act is 
21 
declared invalid or unconstitutional, such other parts not affected thereby shall continue 
22 
to be in full force and effect. 
23 
SEC, 21. Repealing Clause. -All laws, decrees, proclamations, rules and 
24 
regulations inconsistent with the provisions of this Act are hereby repealed or modified 
25 
accordingly. 
26 
SEC. 22. Effeotivity Clause. This Act shall take effect fifteen (15) days ,after its 
27 
complete publication in the Official Gazette or in a national newspaper of I general 
'28 
circulation .available in the MSPLAS. 
29 
Approved. 
16