Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

ki RECEIVED

* DATE:

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. Shh epal

REPRESS
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Introduced by Hon. John Marvin “Yul Servo” C. Nieto

EXPLANATORY NOTE

As a manifestation of support to this timely piece of legislation, this
representation respectfully refiles this bill, which has constantly been
receiving support from the past (Rep. Gary C. Alejano’s HB01509, Rep.
Gloria Macapagal-Arroyo’s HB01525, and Rep. Emmeline Aglipay-Villar’s
1HBO3260) and present congress.

Given the ecological and economic benefits of mangroves it should be the
policy of the state to protect and preserve mangroves forests in the country.
Mangroves also provide a means to effectively combat climate change as
they prevent erosion and store carbon in their sediments. Despite the effort
of the government and other concerned societal sectors on this matter,
much more needs to be done as studies have shown that the number of
mangrove forests has been steadily decreasing throughout the years.

The proposed measure seeks to further improve the protection and
preservation of mangrove forests in the country by establishing a
mechanism that can help rehabilitate public forest lands and restore areas
presently denuded and eroded to become living thriving forest reserves. The
proposed measure also aims to introduce a national renewal program of
mangroves, and to enable various sectors to help in achieving the said
measure’s goals and objectives.

Through this proposed measure, we will be able to ensure that people will
continue to enjoy the benefits offered by mangrove systems.

In view of the foregoing, the passage of this measure is earnestly sought.

JOHN 'TIN/YYUL SERVO” C. NIETO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Brit No. 5442

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

AN ACT
ESTABLISHING THE NATIONAL COUNCIL FOR THE PRESERVATION
OF MANGROVE FORESTS

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as "The Mangrove
Forest Protection and Preservation Act”.

SEC. 2. Declaration of Policy. The State shall protect and advance to right
of the people to a balanced and healthful ecology in accord with the rhythm
and harmony of nature. Towards this end, the State shall establish measures
that safeguard the country's mangrove resources from destruction,
exploitation and unregulated removal and bring an end to activities which
cause the destruction of these resources. Further, in recognition of the
important ecological role of our mangrove resources as habitat for various
marine and estuarine animals, for water quality maintenance and as food-
web support, the State shall hereby endeavor to maintain the natural
diversity of animals and plants found in the mangrove areas. Thus, the State
hereby undertakes to ensure the preservation, reforestation and sustainable
development of the mangrove resources through the establishment of
reservation areas exclusively for mangrove forests.

SEC. 3. Definition of Terms.

(1) Coastal areas - refer to the band of dry land and adjacent ocean
space in which terrestrial processes and uses directly affect oceanic
processes and uses, and vice versa, its geographic extent may
include areas within a landmark limit of one kilometer from the
shoreline at high tide to include mangrove swamps, brackish water
ponds, nipa swamps, estuarine rivers, sandy beaches and other
areas within a seaward limit of two hundred (200) meters isobath to
include coral reeds, algal flats, seagrass beds, and other soft-bottom
areas;

(2) Mangrove forest - a type of forest occurring on a tidal flat along the
sea coast, extending along streams where the water is brackish;

(3) Reservation areas - portions of coastal areas which have been set
aside exclusively for reforestation, conservation, and preservation
purposes; and,


(4) Reforestation - the planting of mangrove trees along the denuded
coastal areas.

SEC. 4. Establishment of Mangrove Reservation Areas. - There shall be
established and set aside in all local government units with coastal areas
within the Philippines portions of land solely for the preservation, protection,
reforestation, and sustainable management of mangrove forests to be
known as Mangrove Reservation areas. All existing mangrove forest reserves
declared as such under Presidential Proclamation 2152 and all other areas
that may hereinafter be declared as such pursuant to a law or executive
order shall automatically form part of said reservation areas.

SEC. 5. Establishment and Composition of the National Council for
the Preservation of Mangrove Forests. - There is hereby established a
National Council for the Preservation of Mangrove Forests, hereinafter
referred to as the National Council, which shall be attached agency of the
Department of Environment and Natural Resources (DENR).

The National Council shall be composed of ten (10) members consisting of:

(1) the Secretary of the DENR who shall act as Chairman;

(2) the Secretary of the Department of Agriculture (DA) who shall act as
vice-chairman;

(3) the Secretary of the Department of Science and Technology (DOST);

(4) the Director of the Bureau of Fisheries and Aquatic Resources
(BFAR);

(5) the Director of the Forest Management Bureau (FMB) of the DENR;

(6) the Director of the Ecosystem and Research Development Bureau
(ERDB);

(7) the Administrator of the National Mapping and Resources Information
Authority (NAMRIA);

(8) a representative from the academe to be appointed by the President;

(9) a representative from the research institutions conducting researches
on sustainable mangrove forest management to be appointed by the
President; and,

(10)a representative from a non-government organization (NGO)
conducting programs on sustainable mangrove forest management to
be appointed by the President.

SEC. 6. Powers and Functions of the National Council. - The National
Council shall have the following powers and functions:

(1)Review existing, relevant policies and conduct studies on mangrove
forest and its preservation;

(2)Prepare a comprehensive program for the preservation, reforestation,
and sustainable development of mangrove forests;

(3)Establish the guidelines in identifying the coastal areas which shall
form part of the mangrove reservation areas;

(4)Identify and delineate the boundaries of the coastal areas which shall
form part of the mangrove reservation areas;

(5) Exercise control and supervision over all the local councils; and,

(6)Promulgate the necessary rules and regulations to carry out the
provisions of this Act.


SEC. 7. The Local Councils for the Preservation of Mangrove Forests.
- A local council for the preservation of mangrove forests, hereinafter
referred to as the Local Council, shall be established in each of the local
government units where a mangrove reservation area has been identified.
Each Local Council shall be chaired by the Regional Executive Director of the
DENR under whose jurisdiction the reservation area is located, with the
following members:

(1) A member of the municipal council of the municipality
concerned;

(2) A member of the barangay council from each barangay under
whose territory the reservation area is located; and,

(3) A representative from an accredited non-governmental
organization (NGO) involved in environmental advocacy.

SEC. 8. Powers and Functions of the Local Council. - The local council
shall exercise the following powers and functions:

(1) Implement and enforce all the programs and policies laid down by the
National Council;

(2) Carry out the general administration and day-to-day planning of the
program;

(3) Secure the mangrove reservation area from illegal and destructive
activities which would endanger the successful implementation and
viability of the program;

(4) Engage the services of forest guards who shall be tasked to guard and
police the areas and arrest those caught in violation of the provisions
of this Act;

(5) Provide the forest guards the necessary skills and knowledge training
and support;

(6) Conduct periodic consultations with the appropriate local government
unit, nongovernmental and people’s organizations and other
concerned sectors of the community on issues, concerns and projects
affecting the mangrove reserves in the locality; and,

(7) Such other powers and functions as may be designated by the
National Council.

SEC. 9. Mandatory Prior Consultation. - No project or program that may
cause pollution, destruction or loss of mangrove forests or extinction of
marine and estuarine plant and animal species shall be implemented by the
National or Local Council without prior consultations with the local
government unit concerned, non-governmental or people’s organizations,
and other sectors concerned to explain the objectives of the project or
program, its impact on the people and the community in terms of ecological
balance, and the measures that will be undertaken to prevent the adverse
effects thereof; provided, that the prior approval of the Sanggunian
concerned shall be obtained in accordance with the provisions of Republic
Act 7610.

SEC. 10. Prohibited Acts. - The, following acts are hereby prohibited
within the mangrove reservation areas:

(1) Cutting, uprooting, destroying or gathering any mangrove tree
or any mangrove forest products;


(2) Dumping of waste;

(3) Construction or reclamation activity without the necessary
license, permit, or authority;

(4) Illegal fishing activities that will result in the damage and
destruction of the mangrove forest;

(5) Conversion of mangrove reservation areas into fishponds or for
any other purpose; and,

(6) Other acts or activities that will result in the damage and/or
destruction of the mangrove forest, as determined by the Local Council
concerned.

SEC. 11. Penalties - Any person, natural or juridical, found guilty of
violating any of the provisions of this Act or the rules and regulations issued
by the National Council, shall, after due notice and public hearing by the
regular courts of competent jurisdiction, be fined in the amount of not less
than One Hundred thousand pesos (PhP100,000.00) but not more than One
million pesos (PhP1,000,000.00) or imprisonment for not less than one (1)
year but not more than six (6) years, or both, at the discretion of the Court;
provided that, if the area requires rehabilitation or restoration as determined
by the Court, the offender shall also be required to restore or compensate
for the restoration of the damage. If the offender is an association or
corporation, the President or Manager and the officer who has direct
knowledge over the offense shall be held liable under this Act.

SEC. 12. Appropriations. The amount needed for the _ initial
implementation of this Act shall be charged against the current
appropriations of the Department of Environment and Natural Resources.
Thereafter, such amount necessary for the continued and effective
implementation of the provisions of this Act shall be included in the General
Appropriations Act the year following its enactment.

SEC. 13. Separability Clause. - If, for any reason, any section or provision
of this Act shall be held unconstitutional or invalid, the other section or
provision not otherwise affected shall remain in full ‘force and effect.

SEC. 14. Repealing Clause. - All laws, presidential decrees, executive
orders, proclamations, rules and regulations which are inconsistent with the
provisions of this Act hereby repealed or modified accordingly.

SEC. 15. Effectivity Clause. - This Act shall take effect fifteen (15) days

from its publication in the Official Gazette or in at least two (2) newspapers
of general circulation.

Approved,