TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
•*. 
al j'r i 1
25 AUG-5 P4:29
SENATE 
S. No. 966
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
PROVIDING FOR THE PRESERVATION, REFORESTATION AND 
SUSTAINABLE DEVELOPMENT OF ALL PHILIPPINE MANGROVE 
RESOURCES, DEFINING FOR THAT PURPOSE THE ACTS PROHIBITED 
WITHIN MANGROVE FORESTS, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The Philippine mangrove forests have continued to decline substantially during 
the last century. From an estimated 450,000 hectares of mangroves in 1918 it declined 
to 303,373 in 2015.1 The World Bank has estimated that there will be less than 
100,000 hectares left in the year 2030 if such rate of reduction continues. Worse, 
existing mangrove forests today are of a much lower quality, given that as early as 
1988, 95% of these are secondary growth and only 5% are primary or old growth, as 
reported by the Department of Environment and Natural Resources.
One consequence of this continued decline in mangroves is the destruction of 
nursery grounds for fish, prawns, crabs and other important marine species. In the 
Philippines, with its thousands of islands and islets, mangrove forests also play a very 
important roie as "sheiter belts" against strong winds from typhoons, thereby 
protecting the inhabitants and preventing coastal erosion. This rapid decline is iargely 
due to pressure from firewood gatherers, coral miners, blast cyanide fishers and
PIPS - Philippine Institute for Development Studies


industrial poliution. Over time the stress of the pollutants and reduced light kill large 
areas of mangrove forests. Worse, while the government ceased approving mangrove 
conversion to fishpond, illegal conversion still continues.
This proposed measure thus seeks to establish reservation areas in all coastal 
areas of the country solely for the preservation, protection, reforestation, and 
sustainable development of mangrove forests. To strengthen the provisions of this 
proposed measures, penal sanctions are imposed for the destruction and cutting of 
mangrove trees, dumping of waste products and other harmful activities within the 
mangrove reservation areas.
Considering the vulnerability and importance of our mangrove resources, it is 
necessary to protect existing mangrove forests, rehabilitate and reforest denuded 
areas, and establish new mangrove plantations since it has been found that artificially 
established mangrove forests provide the same function as a natural mangrove forest.
In view of the foregoing, approval of this bill is earnestly requested.
/^G(SOY EJERCITO ESTRADA


TWENTIETH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. No. 966
I'l ^ 
SSTlM'r
»0ffirr of tiK f.~
25 AUG-5 P4 '29
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
PROVIDING FOR THE PRESERVATION, REFORESTATION AND 
SUSTAINABLE DEVELOPMENT OF ALL PHILIPPINE MANGROVE 
RESOURCES, DEFINING FOR THAT PURPOSE THE ACTS PROHIBITED 
WITHIN MANGROVE FORESTS, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assem bled:
1 
Section 1. Short Title. - This Act shall be known as 'The Mangrove Forest
2 
Protection and Preservation Act".
3 
Sec. 2. Declaration of Policy. - The State shall protect and advance to right of
4 
the people to a balanced and healthful ecology in accord with the rhythm and harmony
5 
of nature. Towards this end, the State shall establish'measures that safeguard the
6 
country's mangrove resources from destruction, exploitation and unregulated removal,
7 
and bring an end to activities which cause the destruction of these resources. Further,
8 
in recognition of the important ecological role of our mangrove resources as habitat
9 
for various marine and estuarine animals, for water quality maintenance and as food-
10 
web support, the State shall hereby endeavor to maintain the natural diversity of
11 
animals and plants found in the mangrove areas. Thus, the State hereby undertakes
12 
to ensure the preservation, reforestation and sustainable development of the
13 
mangrove resources through the establishment of reservation areas exclusively for
14 
mangrove forests.
15 
Sec. 3. Definition of Terms. -


1 
a) Cbasfa/areas-refer to the band of dry land and adjacent ocean space in
2 
which terrestrial processes and uses directly affect oceanic processes and
3 
uses, and vice versa, its geographic extent may include areas within a
4 
landmark limit of one kilometer from the shoreline at high tide to include
5 
mangrove swamps, brackish water ponds, nipa swamps, estuarine rivers,
6 
sandy beaches and other areas within a seaward limit of two hundred (200)
7 
meters isobath to include coral reeds, algal flats, seagrass beds, and other
8 
soft-bottom areas;
9 
b) Mangrove forest- refers to a type of forest occurring on a tidal flat along
10 
the sea coast, extending along streams where the water is brackish;
11 
c) Reservation areas - refer to portions of coastal areas which have been set
12 
aside exclusively for reforestation, conservation, and preservation purposes;
13 
and
14 
d) Reforestation- refers to the planting of mangrove trees along the denuded
15 
coastal areas.
16 
Sec. 4. Establishment of Mangrove Reservation Areas. - There shall be
17 
established and set aside in all municipalities with coastal areas within the Philippines
18 
portions of land solely for the preservation, protection, reforestation, and sustainable
19 
management of mangrove forests to be known as Mangrove Reservation areas. All
20 
existing mangrove forest reserves declared as such and all other areas that may
21 
hereinafter be declared as such pursuant to a law or executive order shall
22 
automatically form part of said reservation areas.
23 
Sec. 5. Establishment and Composition of the National Council for the
24 
Preservation of Mangrove Forests. - There is hereby established a National Council
25 
for the Preservation of Mangrove Forests, hereinafter referred to as the National
26 
Council, which shall be attached agency to the Department of Environment and
27 
Natural Resources (DENR).
28 
The National Council shall be composed often (10) members consisting of:
29 
1) The Secretary of the DENR who shall act as Chairperson;
30 
2) The Secretary of the Department of Agriculture (DA) who shall act as Vice-
31 
Chairperson;
32 
3) The Secretary of the Department of Science and Technology (DOST);


1 
4) The Director of the Bureau of Fisheries and Aquatic Resources (BFAR);
2 
5) The Director of the Forest Management Bureau (FMB) of the DENR;
3 
6) The Director of the Ecosystem and Research Development Bureau (ERDB);
4 
7) The Administrator of the National Mapping and Resource Information
5 
Authority (NAMRIA);
6 
8) A representative from the academe to be appointed by the President;
7 
9) A representative from the research institutions conducting researches on
8 
sustainable mangrove forest management to be appointed by the
9 
President; and
10 
10) A representative from a non-government organization (NGO) conducting
11 
programs on sustainable mangrove forest management to be appointed by
12 
the President.
13 
Sec. 6. Powers and Functions of the National Council. - The National Council
14 
shall have the following powers and functions:
15 
1) Review existing, relevant policies and conduct studies on mangrove forest
16 
and its preservation;
17 
2) Prepare a comprehensive program for the preservation, reforestation, and
18 
sustainable development of mangrove forests;
19 
3) Establish the guidelines in identifying the coastal areas which shall form
20 
part of the mangrove reservation areas;
21 
4) Identify and delineate the boundaries of the coastal areas which shall form
22 
part of the mangrove reservation areas;
23 
5) Exercise control and supervision over ali the locai councils; and,
24 
6) Promulgate the necessary rules and regulations to carry out the provisions
25 
of this Act.
26 
Sec. 7. The Local Councils for the Preservation of Mangrove Forests. - A local
27 
council for the presen/ation of mangrove forests, hereinafter referred to as the Local
28 
Council, shall be established in each of the municipalities where a mangrove
29 
reservation area has been identified. Each Local Council shall be chaired by the
30 
Regional Executive Director of the DENR under whose jurisdiction the reservation area
31 
is located, with the following members;
32 
1) A member of the municipal council of the municipality concerned;


1 
2) A member of the barangay council from each barangay under whose
2 
territory the reservation area is located; and,
3 
3) A representative from an accredited non-governmental organization (NGO)
4 
involved in environmental advocacy.
5 
Sec. 8. Powers and Functions of the Local Council. - The local council shall
6 
exercise the following powers and functions:
7 
1) Implement and enforce all the programs and policies laid down by the
8 
National Council;
9 
2) Carry out the general administration and day-to-day planning of the
10 
program;
11 
3) Secure the mangrove reservation area from illegal and destructive activities
12 
which would endanger the successful implementation and viability of the
13 
program;
14 
4) Engage the services of forest guards who shall be tasked to guard and
15 
police the areas and arrest those caught in violation of the provisions of
16 
this Act;
17 
5) Provide the forest guards the necessary skills and knowledge training and
18 
support;
19 
6) Conduct periodic consultations with the appropriate local government unit,
20 
nongovernmental and people's organizations and other concerned sectors
21 
of the community on issues, concerns and projects affecting the mangrove
22 
reserves in the locality; and,
23 
7) Such other powers and functions as may be designated by the National
24 
Council.
25 
Sec. 9. Mandatory Prior Consultation. - No project or program that may cause
26 
pollution, destruction or loss of mangrove forests or extinction of marine and estuarine
27 
plant and animal species shall be implemented by the National or Local Council without
28 
prior consultations with the local government unit concerned, non-governmental or
29 
people's organizations, and other sectors concerned to explain the objectives of the
30 
project or program, its impact on the people and the community in terms of ecological
31 
balance, and the measures that will be undertaken to prevent the adverse effects


1 
thereof: Provided, That the prior approval of the Sanggunian concerned shall be
2 
obtained in accordance with the provisions of Republic Act 7610.
3 
Sec. 10. Prohibited Acts. - The following acts are hereby prohibited within the
4 
mangrove reservation areas:
5 
a) Cutting, uprooting, destroying or gathering any mangrove tree or any
6 
mangrove forest products;
7 
b) Dumping of waste;
8 
c) Construction or reclamation activity without the necessary license, permit,
9 
or authority;
10 
d) Illegal fishing activities that will result in the damage and destruction of the
11 
mangrove forest;
12 
e) Conversion of mangrove reservation areas into fishponds or for any other
13 
purpose; and
14 
f) Other acts or activities that will result in the damage and/or destruction of
15 
the mangrove forest, as determined by the Local Council concerned.
16 
Sec. 11. Penaities. - Any person, natural or juridical, found guilty of violating
17 
any of the provisions of this Act or the rules and regulations issued by the National
18 
Council, shall, after due notice and public hearing by the regular courts of competent
19 
jurisdiction, be fined in the amount of not less than One hundred thousand pesos
20 
(P100,000.00) but not more than One million pesos (P1,000,000.00) or imprisonment
21 
for not less than one (1) year but not more than six (6) years, or both, at the discretion
22 
of the Court: Provided, That if the area requires rehabilitation or restoration as
23 
determined by the Court, the offender shall also be required to restore or compensate
24 
for the restoration of the damage. If the offender is an association or corporation, the
25 
President or Manager and the officer who has direct knowledge over the offense shall
26 
be held liable under this Act.
27 
Sec. 12. Appropriations. - The amount needed for the initial implementation of
28 
this Act shall be charged against the current appropriations of the Department of
29 
Environment and Natural Resources. Thereafter, such amount necessary for the
30 
continued and effective implementation of the provisions of this Act shall be included
31 
in the General Appropriations Act the year following its enactment.


1 
Sec. 13. Separability Clause. - If any section or provision of this Act shall be
2 
held unconstitutional or invalid, the other section or provision not otherwise affected
3 
shall remain in full force and effect.
4 
Sec. 14. Repealing Clause. - All laws, presidential decrees, executive orders,
5 
proclamations, rules and regulations which are inconsistent with the provisions of this
6 
Act hereby repealed or modified accordingly.
7 
Sec. 15. Effectivity Clause. - This Act shall take effect fifteen (15) days from its
8 
publication in the Official Gazette or in at least two (2) newspapers of general
9 
circulation.
Approved,