FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
Introduced by Senator Compaiiera Pia S. Cayetano 
EXPLANATORY NOTE 
About ninety percent (90%) of all coral species in the Philippines are found 
in the Tubbataha Reefs Natural Park (TRNP) in the Municipality of Cagayancillo, 
Palawan. Its fish biomass as of 2006 is 322 metric tons per square kilometers 
(mtlkm'), highly remarkable compared to the 20-30 mtlkm' which marine 
scientists believe that a reef of average health can produce. Its islets provide 
home to the largest population of seabirds in the Philippines. Eleven of the 27 
marine mammal species in the country make Tubbataha their home. Eleven 
species of sharks, the apex species in the marine environment, can be found in 
its waters. It is considered by many experts as one of the best dive sites in the 
world. 
The biodiversity of Tubbataha is unparalleled in the Philippines. Its value is 
not only aesthetic but economic as well. Marine scientists have proven that 
Tubbataha seeds the reefs around the Sulu Sea, thereby enriching fisheries and 
supporting the livelihoods and ensuring the food security of millions of Filipinos. 
The Tubbataha Reefs National Marine Park was established on August 11, 
1988 as a 33,200-hectare no-take reserve through Presidential Proclamation No. 
306 by President Corazon Aquino. On August 23, 2007, President Gloria 
Macapagal-Arroyo expanded the coverage of the Park to 96,828 has. through 
Presidential Proclamation 1126. At the same time, the park was renamed 
Tubbataha Reefs Natural Park. 
However, the significance of Tubbataha goes beyond the country's 
boundaries. It was inscribed in the World Heritage List on December 11, 1993 in 
recognition of its outstanding universal values. It is also inscribed in the Ramsar 
List of Wetlands of International Importance due to its value to congregating 
seabirds and coral reefs. 
Section 16, Article I I  of the 1987 Philippine Constitution provides that the 
State shall protect and advance the right of the people to a balanced and 
healthful ecology in accord with the rhythm and harmony of nature. The NIPAS 
Act (RA 7586) provides that the State shall "secure for the Filipino people of 
present and future generations the perpetual existence of all native plants and 
animals through the establishment of a comprehensive system of integrated 
protected areas with the classification of national park as provided for in the 
Constitution". The Strategic Environmental Plan (SEP) for Palawan Law (RA 
7611) provides for the adoption of a comprehensive framework for the 
sustainable development of Palawan compatible with protecting and enhancing 
the natural resources and endangered environment of the Province of Palawan. 


As marine resources dwindle and populations increase globally, threats to the 
integrity of marine protected areas intensify. As challenges in the management 
of Tubbataha evolve, the government will have to rely on an active public 
constituency that supports conservation to achieve its conservation goals. 
This bill is a product of public consultations with various stakeholders in the 
island Municipality of Cagayancillo and Puerto Princesa City. Among others, this 
Bill provides for the following: 
Metes and bounds of TRNP; 
The institutional mechanisms for its management with emphasis on the 
precedence of local management institutions; 
Processes for participatory decision-making concerning the conservation 
of TRNP. 
It therefore reflects the aspirations of the various stakeholders of Tubbataha 
and their exemplary concern for this unique marine jewel. 


FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
1 
Introduced bv Senator Comaariera Pia S. Cavetano 
AN ACT ESTABLISHING THE TUBBATAHA REEFS NATURAL PARK 
IN THE PROVINCE OF PALAWAN UNDER THE NlPAS ACT (RA 7586) AND 
THE SEP LAW (RA 7611), PROVIDING FOR ITS MANAGEMENT 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. This Act shall be known and referred to as the 
"Tubbataha Reefs Natural Park (TRNP) Act of 2008. 
SECTION 2. Declaration of Policy. It shall be the declared policy of the 
State to ensure the protection and conservation of the globally significant 
economic, biological, socio-cultural, educational, and scientific values of the 
Tubbataha Reefs into perpetuity for the enjoyment of prevent and future 
generations. These shall be pursued through sustainable and participatory 
management, taking into consideration all applicable laws and international 
conventions to which the Philippines is a signatory. 
SECTION 3. Definition of Terms. For purposes of this Act, the following 
terms shall be defined as follows: 
a. "Bioprospecting" shall refer to research, collection and utilization of 
biological and genetic resources for purposes of applying the knowledge 
derived therefrom solely for commercial purposes. 
b. "Buffer Zone" is the identified area outside the boundaries of and 
immediately adjacent to designated protected areas that need special 
development control in order to avoid or minimize harm to the protected 
area. 
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“Commercial fishers/fisherfolk shall refer to persons who catch fish and 
other fishery products using fishing vessels of more than three (3) gross 
tons. 
“Conservation Fees” shall refer to fees collected from authorized users of 
the TRNP. 
“Coral” shall refer to all bottom dwelling animals under the phylum 
Cnidaria, which are a major part of the reef community. The definition 
includes four types of corals, 1) those that produce a hard skeleton out of 
calcium carbonate such as all scleractinian corals, the hydrozoan corals 
(firecorals), and the blue and red corals under the genera Heliopora and 
Tubipora; 2) the antipatharian or black corals with a rigid, chitinous 
skeleton; 3) the gorgonians with a horny and/or calcareous axis; and 4) 
the soft bodied anthozoans such as sea anemones, and the soft corals 
under the systematical group of Alcyonaria or Octocorallia. 
“Exotic species” shall refer to species or subspecies that do not naturally 
occur within the biogeographic region of the TRNP at present or in 
historical time. 
“Explosives” shall refer to dynamite, other explosives or other chemical 
compounds that contain combustible elements or ingredients which upon 
ignition by friction, concussion, percussion or detonation of all or parts of 
the compound will kill, stupefy, disable or render unconscious any species. 
It also refers to any other substance and/or device, including blasting caps 
or any other component or part of explosive devices, which causes an 
explosion that is capable of producing the said harmful effects on any 
resources and capable of damaging and altering the natural habitat. 
“Gear” shall refer to any instrument or device and its accessories utilized 
in taking, catching, gathering, killing, hunting, destroying, disturbing, 
removing or possessing resources within the TRNP. 
“Kayakas” shall refer to the fishing method known as the local version of 
the muro-ami but smaller in size, using bamboo or trunk trees as scaring 
devices aisde from coconut or other leaves or materials to drive the fishes 
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and other marine resources out of the coral reefs while at the same time 
pounding the corals. 
j. "Littering" shall refer to the disposal of small amount of non-biodegradable 
solid waste materials, such as, but not limited to, cigarette butts, candy 
wrappers, plastic materials, bottJes, glasses, in the TRNP. 
k. "Municipal fishers/fisherfolk shall refer to persons who catch fish and 
other fishery products using fishing vessels of three (3) gross tons or less, 
or whose fishing does not require the use of fishing vessels. 
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"Muro-ami" shall refer to the method used in reef fishing consisting of a 
movable bagnet, detachable wings and scarelines having plastic strips 
and iron/steel/stone weights, effecting fish capture by spreading the net in 
an arc around reefs or shoals and, with the use of the scarelines, a cordon 
of people drive the fish towards the waiting net while pounding the corals 
by means of heavy weights like iron/steel/stone or rock making it 
destructive to corals. 
m. "Non-Government Organization (NGO)" shall refer to any civic, 
developmental, environmental or philantrophic non-stock, non-profit 
organization, duly registered, having by-laws, democratically-elected 
representatives, with qualifications, expertise and objectivity in activities 
concerning community organizing and development, or resource and 
environmental conservation, management and protection related to the 
protected area. 
n. "Non-renewable Resources" shall refer to those resources that cannot be 
re-made, re-grown or regenerated on a scale comparative to its 
consumption. 
0. "Noxious or Poisonous Substances" shall refer to any substance, plant 
extracts or juice thereof, sodium cyanide and/or cyanide compounds or 
other chemicals either in raw or processed form, harmful or harmless to 
human beings, which will kill, stupefy, disable or render unconscious any 
marine organism and capable of damaging and altering the natural 
habitat. 
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"PCSD" shall refer to the Palawan Council for Sustainable Development 
as created under Republic Act 761 1, otherwise known as the Strategic 
Environmental Plan for Palawan Act. 
"People's Organization (PO)" shall refer to a group of people which may 
be an association, cooperative, federation, aggrupation of individuals or 
groups with an identifiable structure of decision-making and accountability, 
established to undertake collective action to address community concerns 
and needs in relation to the protected area. 
"PaSu" shall refer to the Park Superintendent of the TRNP. 
"Poaching" shall refer to fishing or operating any fishing vessel, gathering 
andlor purchase or possession of any fishery products within Philippine 
waters by any foreign person, corporation or entity. 
"Protected Area" shall refer to identified portions of land and water set 
aside by reason of their unique physical and biological significance, 
managed to enhance biological diversity and protected against destructive 
human exploitation. 
"Protected species" shall refer to any plant or animal declared protected 
under Philippine laws, rules and regulations. These shall include all 
species listed under the Convention of International Trade of Endangered 
Species (CITES) and all its Annexes, the Bonn Convention on Migratory 
Animals, those specified under the red-list categories of the International 
Conservation of Nature (IUCN), or any plant or animal which the TMB or 
any government agency may deem necessary for conservation and 
preservation in the TRNP. 
"Purse Seine" shall refer to the gear characterized by encircling net having 
a line at the bottom passing through rings attached to the net, which can 
be drawn or pursed. In general, the net is set from a boat or boats around 
the school of aquatic resources. The bottom of the net is pulled closed 
with the purse line. The net is then pulled aboard the boat or boats until 
the resources are concentrated in the bunt or bag. 
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w. "Resources" shall refer to all natural endowments, whether aquatic or 
terrestrial, living or non-living, found in TRNP. 
x. "Stakeholders" shall refer to any individuals, communities, agencies, 
institutions, organizations, aggrupations of specific interests or sectors 
which have particular interest in the achievement of the objectives of this 
Act, and/or enjoyment or utilization in any form of the resources within the 
TRNP. 
Y. "Trawl" shall refer to the gear consisting of a bag-shaped net which is 
dragged or towed along the bottom or through the water column to take 
aquatic resources by straining them from the water, including all variations 
and modifications of trawls in bottom, mid-water, baby trawls, and tow 
nets. 
z. "Vessel" includes every description of watercraft, including non- 
displacement crafts and seaplanes, used or capable of being used as a 
means of transportation on water. 
It shall include everything found 
therein, except personal effec aa. Waste" shall refer to discarded items of 
solid, liquid, contained gaseous or semi-solid form, and from whatever 
source, which may cause or contribute to the deterioration of the 
resources or habitats in the TRNP. 
aa. "Waste" shall refer to discarded items of solid, liquid, contained gaseous 
or semi-solid form, and from whatever source, which may cause or 
contribute to the deterioration of the resources or habitats in the TRNP. 
SECTION 4. Scope and Coverage. The Tubbataha Reefs Natural Park 
(TRNP), which shall cover an approximate area of NINETY SIX THOUSAND 
EIGHT HUNDRED TWENTY EIGHT (96,828) HECTARES, including its islets, 
seabed and airspace, and which shall include the Tubbataha Reefs and the 
Jessie Beazley Reef in the Municipality of Cagayancillo, in the Province of 
Palawan, is hereby declared as a protected area. Its boundaries shall be as 
follows: 
Latitude 
Longitude 
From Pt. 1 
9'04' 52" N 
1 19'46' I O "  E 
to Pt. 2 
9'06' 05" N 
1 19'48' 22" E 
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to Pt. 3 
8'58' 09" N 
120'03' 12" E 
to Pt. 4 
8'53' 29" N 
120'03' 30" E 
to Pt. 5 
8'41' 33" N 
119'50' 41" E 
to Pt. 6 
8'43' 09" N 
119'45' 46" E 
to point I, 
the point of beginning. 
All lands of the public domain comprising the TRNP shall fall under the 
classification of national park as provided for in the Philippine constitution. he 
technical descriptions provided in this Act will be subject to actual 
surveyldelineation. 
The metes and bounds of the TRNP shall be indicated on maps and/ or 
nautical charts. Any modification of the coverage of this Act due to such factors 
as changing ecological situation, new scientific or archeological findings, or 
discovery of traditional boundaries not previously taken into account shall be 
made through an Act of Congress, after consultation with the concerned 
government agencies. 
SECTION 5. Establishment of a Buffer Zone. There shall also be 
established a IO-nautical mile buffer zone from the TRNP, with the following 
coordinates: 
Corner 
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9 'I 7' 49" N 
9 '04' 48" N 
8 '49' 42" N 
8 '29' 42" N 
8'36' 1 3  N 
9'1 1' 08" N 
9'1 7' 49" N 
Longitude 
1 19 "47' 42" E 
120'12' 40" E 
120 '1 3' 54" E 
1 19 '53' 04" E 
1 19 '35' 22" E 
1 19 '36' 35" E 
1 19 '47' 42" E 
SECTION 6. Management of the TRNP. The management and 
administration of the TRNP shall be vested with the Tubbataha Protected Area 
Management Board (TPAMB), as herein provided. Management of zones to be 
established within the TRNP shall be consultative and participatory. 
SECTION 7. Management Plan. Within one (1) year from the effectivity of 
this Act, there shall be a Management Plan to be prepared by the Tubbataha 
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Management Office in coordination with the local community and various 
stakeholders, the Palawan Council for Sustainable Development (PCSD), the 
Municipal Government of Cagayancillo, the Provincial Government of Palawan, 
and with assistance from the Department of Environment and Natural Resources 
(DENR) and the Bureau of Fisheries and Aquatic Resources (BFAR). The 
Management Plan shall contain, among others: 
a. 
b. 
C. 
d. 
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f. 
a period of applicability for ten ( I O )  years subject to periodic review 
every three (3) years; 
goals and objectives of management in support of Section 2 hereof; 
key management issues, such as, but not limited to, issuance, 
screening and approval of all development and resource-use 
activities within the TRNP; adequate protection and restoration of 
endangered species and fragile ecosystems; 
site 
management 
strategy including, 
but 
not 
limited to, 
establishment of clear and simplified guidelines on the activities 
that can be allowed within the zones, including the buffer zones; 
major management activities, such as, but not limited to, 
enforcement of laws, habitats and wildlife management, sustainable 
use management, infrastructure development and maintenance, 
fire 
prevention, 
pest 
and 
disease 
control, 
and 
disaster 
management; 
a zoning plan, which shall be established within the TRNP giving 
primary consideration to the protection and conservation of all life 
forms, in accordance with applicable laws, rules and regulations. 
Zoning shall also take into consideration the efficient protection of 
habitats, fragile ecosystems and unique areas. The establishment 
and 
management of 
zones 
shall 
involve the 
concerned 
stakeholders by undertaking such steps as dialogue, and 
community and resource-use mapping. The metes and bounds of 
each zone shall be indicated on maps and/or nautical charts; 
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mechanism for the protection, regulation and prohibition of those 
within the TRNP, in accordance with their rights; 
h. 
mechanisms to ensure consultative and participatory decision- 
making processes. 
The Management Plan shall be consistent with the nature of the TRNP as 
It shall be reviewed and approved by the TPAMB, and 
a protected area. 
submitted to the PCSD and the DENR. 
SECTION 8. Successor Plan. Before the expiration of the initial 
Management Plan, there shall be a successor plan to be prepared by the 
Tubbataha Management Office (TMO) in the same manner as the procedure and 
principles herein set forth. Two years before the expiration of the Management 
Plan, the Park Manager (PM) shall cause the publication of notices for comments 
and suggestions on the successor plan using all available media, but at least in a 
newspaper of local circulation, and the posting of such notices in the provincial, 
municipal and barangay halls and in three (3) other conspicuous areas 
frequented by the public. The successor plan to the Management Plan shall be 
made available to the public for perusal at the office and sub-offices of the PM 
and the PCSD. 
SECTION 9. 
Creation and Composifion of the Tubbataha Protected 
Area Management Board (TPAMB). There shall be a Tubbataha Protected 
Area Management Board (TPAMB), which shall be the sole policy-making and 
permit-granting body of the TRNP. It shall be composed of: 
a. 
The Regional Executive Director of Region IV-B of the DENR to 
serve as Co-Chairperson; 
b. 
The Chairperson of the Palawan Council for Sustainable 
Development, or hidher representative, to serve as Co- 
Chairperson; 
c. 
The Representatives of the Congressional Districts in Palawan, or 
their representatives; 
d. 
The Governor of the Province of Palawan or hislher representative; 
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The Mayor of the Municipality of Cagayancillo or hislher 
representative; 
The Chairperson of the Environment and Natural Resources 
Committee of the Sangguniang Bayan of Cagayancillo; 
The Chairperson of the Environment and Natural Resources 
Committee of the Sangguniang Panlalawigan of Palawan; 
The Chairperson of the Appropriations Committee of the 
Sangguniang Panlalawigan of Palawan; 
The Commander of the Western Command (WESCOM) or hidher 
representative; 
The Commander of the Naval Forces West (NAVFORWEST) or 
hislher representative; 
The District Commander of the Coast Guard District - Palawan 
(CGD-Palawan); 
A representative of the Department of Tourism; 
The Provincial Fishery Officer of the DA-BFAR in Palawan, or 
hislher representative; 
At least two (2) representatives from the academe; 
A 
representative of the Palawan Council for Sustainable 
Development Staff; 
At least three (3) representatives from NGOs involved in the 
conservation and management of the TRNP; 
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q. 
At least two (2) representatives from people's organizations (PO) 
based in the Municipality of Cagayancillo, Palawan, and concerned 
with the conservation and management of the TRNP. 
Every TPAMB member shall serve for a term of five (5) years: Provided, 
That, he/she remains connected with the sector or office helshe represents. 
Whenever a vacancy occurs during the term of a member who does not 
represent the government, a new member shall be chosen in the same manner 
as the original process to serve the remaining term of hidher predecessor. 
The TPAMB en banc shall hold regular meetings at least once every 
quarter. 
However, the Executive Committee, as provided herein, may meet on 
a more regular basis to discuss regular day-to-day affairs and other matters 
delegated by the TPAMB. 
SECTION I O .  Executive and Other Committees of the TPAMB. There 
shall be an Executive Committee (ExeCom) to which the TPAMB may delegate 
some of its powers and functions. Its members shall be chosen by the TPAMB 
from among themselves. 
The TPAMB may create other committees as it may deem necessary. 
SECTION 11. lncentives of TfAMB Members. In addition to actual and 
necessary traveling and subsistence expenses incurred in the performance of 
their duties, TPAMB members may be granted honoraria and insurance 
coverage in attending TPAMB or other TPAMB committee meetings. These 
expenses may be included in the budget for TRNP. 
SECTION 12. Rules of Procedure. The TPAMB shall determine by 
appropriate resolution its procedural rules, which shall include discipline and 
removal of its officers and members. 
SECTION 13. Powers and Functions of the TPAMB. The TPAMB shall 
have the following powers and functions: 
a. 
Decide matters relating to planning, resource use and protection, 
and general administration of the area in accordance with the 
Management Plan; 
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b. 
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Approve budget allocations, proposals, work plans, action plans, 
guidelines for management of the TRNP in accordance with the 
Management Plan and its policies; 
Coordinate with national and local agencies, local government 
units, 
local 
communities, the 
academe, 
non-governmental 
organizations, 
and such other institutions to 
ensure the 
conservation and management of the TRNP; 
Initiate the implementation of the delineation of the boundaries of 
the TRNP; 
Promulgate rules and regulations to promote development 
programs and projects on biodiversity conservation and sustainable 
development within the TRNP and consistent with the Management 
Plan; 
Ensure the implementation and enforcement of laws, rules and 
regulations, policies, programs and projects within the TRNP; 
Control and regulate construction, operation and maintenance of 
structure and utilities within the TRNP; 
Monitor and evaluate the performance of the TMO and all those 
implementing activities and projects in TRNP; 
Appoint the TRNP PaSu, and, upon recommendation of the PaSu, 
appoint management personnel based on internal selection criteria 
and decide on their compensation and benefits; 
Generate funds and accept donations, grants, appropriate and 
disburse the same, and exercise accountability over all funds that 
may accrue to the TRNP; 
Manage the TRNP Trust Fund, as herein provided; 
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Exercise quasi-judicial functions for adjudicating cases of violations 
of this Act and exact fines and fees for violations of guidelines, 
rules and regulations within the TRNP; 
Deputize individuals for the enforcement of laws, rules and 
regulations governing conduct within the TRNP, and prescribe the 
necessary qualifications therefore; 
Designate collecting officers for funds generated by the TRNP, and 
formulate procedure for the disbursement thereof in accordance 
with accounting and auditing rules and regulations; 
Retain legal counsel to defend cases against the TPAMB and the 
Office of the PaSu whenever they are sued in connection with the 
performance of their duties under this Act, guidelines, and rules and 
regulations pertaining to the TRNP; 
Provide 
adequate 
measures 
to 
ensure 
consultation 
and 
participation of stakeholders; 
Determine, based on existing scientific evidence, laws, rules and 
regulations, 
international 
instruments, 
traditional 
resource 
utilization, management modalities in the area, carrying capacity, 
and observing precautionary principle, the modes of utilization of 
the TRNP and all the resources found therein; 
Possess the exclusive authority to issue permits and conditions 
thereto, and determine and collect fees, for the utilization and 
enjoyment of the TRNP and the resources therein: Provided, That, 
the TPAMB may delegate to the PaSu the authority to issue 
permits, and collect fees for temporary access to the TRNP such 
as, visiting or diving, subject to the limits as may be determined by 
the TPAMB: Provided, However, That, entry into the TRNP for 
emergency reasons shall not be subject to permit and users' fees; 
Perform such other functions necessary for the fulfillment of the 
provisions of this Act and other applicable laws, rules and 
regulations, and as may be required. 
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SECTION 14. Tubbataha Management Office (TMO). There shall be a 
Tubbataha Management Office (TMO) to be headed by the TRNP PaSu who 
shall serve as the Chief Operating Officer of the entire TRNP. The TPAMB will 
determine the staffing pattern, qualification standards and hiring procedures for 
the TMO. The PaSu and hislher staff shall hold office in a place to be designated 
by the TPAMB: Provided, That, the TPAMB may authorize the establishment of 
sub-offices for purposes of convenience, safety, accessibility, economy, and 
such other justifiable reasons: Provided, Further, That, at least a sub-office shall 
be established within the TRNP. 
The PaSu shall have full responsibility for the protection of resources 
within the TRNP. 
As such, he/she shall have the following duties and 
responsibilities in addition to those provided under existing laws and regulations: 
a. 
Prepare the Management Plan and its successor plans as herein 
provided; 
b. 
Serve as Secretary to the TPAMB with the duty to provide the 
TPAMB with all the information necessary to make appropriate 
decisions for the implementation of this Act; 
c. 
Hire non-management personnel of the TRNP, and recommend 
management personnel to the TPAMB; 
d. 
Supervise TRNMP personnel in the performance of their duties and 
functions; 
e. 
Establish productive partnership, with national and local agencies, 
local government units, local communities, the academe, non- 
governmental organizations, and such other institutions to ensure 
the conservation and management of the TRNP; 
f. 
Develop and implement park information, interpretation, education 
and other visitor programs; 
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Enforce the laws, rules and regulations and TPAMB resolutions 
relevant to the TRNP, file complaints, and assist in the prosecution 
of offenses; 
h. 
Monitor all activities within the TRNP in conformity with the 
Management Plan; 
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Ensure that consultative and participatory mechanisms are 
maximized in decision-making; 
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Perform such other functions as the TPAMB may assign. 
SECTION 15. 
Role of Local Government Units. Local government 
units of Palawan and Cagayancillo shall participate in the management of the 
TRNP through their representation in the TPAMB. The provisions of this Act 
shall be incorporated into the municipal and provincial development plans of 
Cagayancillo and Palawan, respectively, and the Regional Development Plan as 
part of the environmental concerns of the province and the region. The national 
and local government units shall likewise ensure that local ordinances pertaining 
to the environment are consistent with this Act and the Management Plan, as 
herein provided. 
SECTION 16. Role of DENR and PCSD. The DENR and PCSD shall 
coordinate closely to ensure the sound management and conservation of the 
TRNP, provide technical and financial assistance to the TRNP as may be 
needed, and appoint representatives to the TPAMB. 
SECTION 17. Fiscal Matters. The TRNP shall exercise fiscal autonomy. 
It shall have the sole power to decide on the use of its funds from whatever 
source: Provided, That, the Municipality of Cagayancillo, Palawan shall have a 
share of at least ten percent (10%) of the conservation fees paid to TRNP. 
SECTION 18. The TRNP Fund. There is hereby created a special trust 
account to be known as Tubbataha Trust Fund. All the fees, penalties, donations, 
grants, endowments, revenues and any other income pertaining to the TRNP 
shall automatically accrue to this fund. The fund shall be used for the purpose of 
financing projects and activities in the TRNP to attain the objectives of this Act. 
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Donations, grants and endowments to TRNP shall be exempt from the donor's 
tax and the same shall be considered as allowably deduction from the gross 
income in the computation of the income tax of the donor. 
SECTION 19. Energy and Non-Renewable Resources. Any exploration, 
exploitation or utilization of non-renewable resources, such as but not limited to 
minerals and oil, within the TRNP shall not be allowed. Energy projects shall be 
allowed only through an act of Congress. 
SECTION 20. Unauthorized Entry, Enjoyment or Use. No person or 
entity shall enter, enjoy or utilize any portion of the TRNP and the resources 
therein for whatever purpose without prior permission from the TPAMB as herein 
provided. 
The TRNP shall be off limits to navigation, except for activities that are 
sanctioned by the TPAMB such as, but not limited to, tourism and research. 
Except in emergency situations, it shall be unlawful to enter TRNP without prior 
permission from the TPAMB or the PaSu as herein provided. It shall also be 
unlawful to enter, enjoy or use for any purpose any prohibited management zone. 
This rule shall similarly apply to the use of vessels, gears and equipment in 
management zones where such are not allowed. 
Violation of this Section shall subject the responsible person or entity to an 
administrative fine of from Fifty Thousand Pesos (P50,OOO.OO) to One Hundred 
Thousand Pesos (PlOO,OOO), as may be determined by the TPAMB. 
If the 
violator is a commercial fisher/fisherfolk, the fine shall be Five Hundred 
Thousand Pesos (P500,OOO.OO). 
SECTION 21. Damages to the Reef, Damages to the reef shall subject 
the responsible person or entity to the payment of administrative fines set by the 
TPAMB based on current valuation standards and to the payment of the cost of 
restoration. 
SECTION 22. Non-payment of Conservation Fees. It shall be unlawful 
for any person or entity to enjoy or utilize the TRNP and the resources therein 
without payment of conservation fees as may be imposed by the TPAMB. 
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Violators of this Section shall, in addition to the payment of the 
conservation fee, pay the administrative fine of double the amount of the 
conservation fee set by the TPAMB for the activity undertaken. 
SECTION 23. Anchoring. It shall be unlawful for any person or entity to 
hold fast or secure a vessel in place either by using an anchor or by tying on to 
any part of the reef. All vessels shall utilize the mooring buoys provided by the 
TRNP. 
Violation of this Section shall be penalized with an administrative fine of 
not less than Ten Thousand Pesos (PlO,OOO.OO) and not more than Fifty 
Thousand Pesos (P50,OOO.OO). 
SECTION 24. Dumping of Waste and Littering. It shall be unlawful for 
any person or entity to dump waste inside the TRNP. It shall likewise be unlawful 
to clean and change oil of vessels within the TRNP. 
Violation of this provision shall be punishable by imprisonment of six (6) 
months to one (1) year, and fine of not less than Five Thousand Pesos 
(P5,OOO.OO). The TPAMB shall impose an administrative fine of not less than 
Fifty Thousand Pesos (PS0,OOO.OO) and not more than One Hundred Thousand 
Pesos (P100,000.00), and order the violator to clean up the waste or pay for the 
clean-up thereof. 
It shall likewise be unlawful to litter within the TRNP. 
Violation of this provision shall be penalized by the TPAMB with 
administrative fine of from Five Thousand Pesos (P5,OOO.OO) to Ten Thousand 
Pesos (PI 0,000.00). 
SECTION 25. Bioprospecting without Permit It shall be unlawful to 
conduct bioprospecting within the TRNP without prior permit from the TPAMB 
and other concerned agencies. 
Violation of this Section shall be punished with imprisonment of six (6) 
months to six (6) years; fine of Five Hundred Thousand Pesos (P500,OOO.OO) to 
One Million Pesos (Pl,OOO,OOO.OO); and forfeiture of the resources subject of the 
offense, equipment, gears and vessels. 
The TPAMB shall also impose 
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administrative fine ranging from Five Hundred Thousand Pesos (P500,OOO.OO) to 
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One Million Pesos (Pl,OOO,OOO.OO); and confiscation and forfeiture of the 
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resources subject of the offense, equipment, gears and vessels. 
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SECTION 26. lntroducfion of Exotic Species. It shall be unlawful to 
introduce exotic species of plants or animals into the TRNP. 
Violation of this Section shall be punished with imprisonment of six (6) 
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months to six (6) years; fine of One Hundred Thousand Pesos (PlO0,OOO.OO) to 
One Million Pesos (PI ,000,000.00); and forfeiture of forfeiture of the resources 
subject of the offense, equipment, gears and vessels. The TPAMB shall also 
impose administrative fine ranging from Two Hundred Thousand Pesos 
(P200,OOO.OO) to One Million Pesos (PI ,000,000.00); and confiscation and 
forfeiture of the resources subject of the offense, equipment, gears and vessels. 
SECTION 27. Hunting, catching, fishing, killing, taking, gathering, 
removing, destroying, disturbing, or possessing resources. 'It shall be 
unlawful for any person to actually or attempt to hunt, catch, fish, kill, take, 
gather, remove, destroy, disturb, or possess any resource, whether living or non- 
living, or products derived therefrom. The unauthorized entry of a vessel in the 
TRNP shall be prima facie evidence of violation of this Section. 
Violations of this Section shall be punished as follows: 
(1) 
Where the offender uses explosives, noxious or poisonous 
substances, the penalty shall be imprisonment ranging from six (6) years and 
one day to twelve (12) years without prejudice to the filing of separate criminal 
cases when the use of the same result to physical injury or loss of human life; 
fine ranging from One Hundred Thousand Pesos (PlO0,OOO.OO) to Three 
Hundred Thousand Pesos (P300,OOO.OO); forfeiture of the resources subject of 
the offense, equipment, gears and vessels. The TPAMB shall also impose 
administrative fine ranging from Forty Thousand Pesos (P40,OOO.OO) to One 
Hundred Fifty Thousand Pesos (P150,000.00); and confiscation and forfeiture of 
the resources subject of the offense, equipment, gears and vessels. 
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The discovery of dynamite, other explosives and chemical compounds 
which contain combustible elements, or noxious or poisonous substances, in any 
vessel or in the possession of any person within the TRNP shall constitute prima 
facie evidence that the same was used in violation of this Act. The discovery of 
resources caught, taken, killed, removed, gathered or destroyed with the use of 
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explosives, noxious or poisonous substances in any vessel or in the possession 
of any person within the TRNP shall constitute prima facie evidence of violation 
of this Act. 
(2) 
Where the offender merely possesses explosive, noxious or 
poisonous substances, within the TRNP, the punishment shall be imprisonment 
ranging from four (4) years and two months and one day to six (6) years; fine 
ranging from Fifty Thousand Pesos (P50,OOO.OO) to One Hundred Thousand 
Pesos (PlOO,OOO.OO); forfeiture of fish catch, fishing equipment and vessels. 
The TPAMB shall also impose administrative fine ranging from Forty Thousand 
Pesos (P40,OOO.OO) to One Hundred Fifty Thousand Pesos (P150,OOO.OO); and 
confiscation and forfeiture of the resources subject of the offense, equipment, 
gears and vessels. 
(3) 
Where the offender takes, removes, fishes, gathers, kills, destroys 
or possesses corals, except for scientific or research purposes authorized by the 
TPAMB, the penalty shall be imprisonment ranging from six (6) years and one 
day to twelve (12) years; fine ranging from Twenty Thousand Pesos 
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equipment, gears and vessels. The TPAMB shall also impose administrative fine 
ranging from Thirty Thousand Pesos (P30,OOO.OO) to One Hundred Thousand 
Pesos (P100,OOO.OO); and confiscation and forfeiture of the corals subject of the 
offense, equipment, gears and vessels. 
(4) Where the offender uses any fishing gear or method that destroys 
coral reefs, seagrass beds, or other marine life habitats as may be determined by 
this Act, the TPAMB, other laws, the Department of Agriculture, or the DENR, the 
operator, boat captain, master fisherman, and recruiter or organizer of 
fishworkers involved shall suffer a penalty of six (6) years and one day to twelve 
(12) years imprisonment; fine of not less than One Hundred Thousand Pesos 
(PlOO,OOO.OO) to Five Hundred Thousand Pesos (P500,OOO.OO); forfeiture of 
catch, fishing equipment, gears and vessels. 
The TMB shall also impose 
administrative fine ranging from Four Hundred Thousand Pesos (P400,OOO.OO) to 
One Million Pesos (PI ,000,000.00); and confiscation and forfeiture of catch, 
fishing equipment, gears and vessels. 
Muro-Ami, pa-aling, all kinds of trawls (galadgad, Norway), purse seine 
(pangulong) , Dan ish seine (hulbot-hulbot, pahulbot-hulbot, likisan, liba-liba, 
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palisot, patangko, bira-bira, buli-buli, hulahoop, zipper, lampornas, efc.), ring net 
(kubkob, pangulong, kalansisi), drive-in net (kayakas), round haul seine (sapyaw, 
lawag), motorized push net (sudsodJ, bagnet (basnig, saklit), or any of their 
variations, are hereby declared destructive fishing methods or gears under this 
provision. 
(5) 
Where the offender gathers or removes pebbles, stones, rocks, 
sand or other materials or otherwise engages in the quarrying or dredging of any 
portion of the TRNP, the penalty shall be six (6) years and one day to twelve (12) 
years imprisonment; fine of not less than Thirty Thousand Pesos (P30,OOO.OO) to 
Five Hundred Thousand Pesos (500,000.00); and forfeiture of the substance 
taken from the habitat, and the equipment and vessels used to commit such 
violation. The TPAMB shall also impose administrative fines ranging from Thirty 
Thousand 
Pesos 
(P30,OOO.OO) 
to 
Seven 
Hundred 
Thousand 
Pesos 
(P700,OOO.OO); and confiscation and forfeiture of the substance taken, and 
equipment and vessels used in the commission of the violation 
(6) 
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 One Hundred Twenty Thousand Pesos (120,000.00) to One Million 
Pesos (PI ,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 TPAMB shall also impose administrative fine 
ranging from One Hundred Fifty Thousand Pesos (P150,OOO.OO) to One Million 
Pesos (PI ,000,000.00) for every threatened or endangered organism subject of 
the offense; and confiscation and forfeiture of catch, equipment, gears and 
vessels. 
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(7) Where the violations of this Section are not covered by the preceding 
30 ' paragraphs, the penalty shall be imprisonment of one (I) year to three (3) years; 
31 
fine of not less than Ten Thousand Pesos (P10,OOO) but not more than One 
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Hundred Thousand Pesos (P100,OOO); and forfeiture of the catch, equipment, 
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gears and vessels; and cancellation of permit that makes it possible for the 
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offender to commit the offense. The TPAMB shall also impose administrative 
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fine ranging from Fifteen Thousand Pesos (P15,OOO.OO) to One Million Pesos 
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(PI ,000,000.00); and confiscation and forfeiture of catch, equipment, gears and 
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vessels. 
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SECTION 28. 
Poaching by Foreigners. It shall be unlawful for any 
foreign person, corporation or entity to fish or operate any fishing vessel in the 
TRNP. The entry of any foreign fishing vessel in the TRNP 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 
TRNP 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 years and 
one 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 TPAMB 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. Dollar 
(US$200,000.00) or its equivalent in Philippine Currency, in addition to the 
confiscation and forfeiture of the fish catch, fishing equipment and fishing vessel: 
Provided, finally, that a bond may be posted for the vessels which shall not be 
less than One Hundred Thousand Dollars (US$lOO,OOO.OO). 
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. 
SECTION 29. 
Violation of Environmental Impact Assessment 
System. The TPAMB shall prosecute violations of laws and rules on 
Environmental Impact Assessment System. Such violations shall be punished by 
imprisonment of three (3) years to five (5) years; fine of One Hundred Thousand 
(PlOO,OOO.OO) for every day each violation subsists; rehabilitation of the affected 
area or the amount equivalent thereto; and forfeiture of the vessels, structures, 
effects, materials and equipment used, and the products of such violation. If the 
offender is a corporation, the directors and officers shall suffer the imprisonment. 
The TPAMB shall also impose administrative fine of One Hundred Thousand 
(PI 00,000.00) for every day each violation subsists; rehabilitation of the affected 
area or the amount equivalent thereto; and confiscation and forfeiture of the 
vessels, structures, effects, materials and equipment used, and the products of 
such violation. 
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SECTION 30. Violation of Standards. The owner, operator and top 
three (3) officers of any vessel violating the standards set by the TPAMB, such 
as, but not limited to, safety and sanitation standards, shall suffer administrative 
penalty of fine ranging from Twenty Thousand Pesos (P20,OOO.OO) to Fifty 
Thousand Pesos (P50,OOO.OO) for every day each violation subsists, and from 
suspension of three (3) months to cancellation of permit to operate in TRNP. 
SECTION 31. 
Obstruction to Law Enforcement Officer. The boat 
owner, master, operator, officer, or any person acting on hidher behalf, of any 
vessel who evades, obstructs or hinders any law enforcement officer in the 
TRNP to perform hidher duty, shall be administratively fined Twenty Thousand 
Pesos (P20,OOO.OO). In addition, the registration, permit and/or license of the 
vessel including the license of the officers thereof shall be canceled. 
SECTION 32. 
Promulgation of Rules and Regulations. The TPAMB 
may issue rules and regulations, including the imposition of penalties, in pursuit 
of the conservation, preservation, management and sustainable use of the 
TRNP. 
SECTION 33. Subsidiary Imprisonment. - Non-payment of fines 
imposed under this Act shall be subject to subsidiary imprisonment as provided 
for by existing laws. 
SECTION 34. 
Fines and Forfeitures. All administrative fines and 
forfeitures that may be imposed by the TPAMB under this Act, and the rules and 
regulations that may be promulgated in pursuit of the goals and objectives of this 
Act shall form part of the funds and assets of TRNP. 
In case of administrative confiscation or forfeiture of vessels, structures, 
effects, materials and equipment and the same is not necessary for the proper 
prosecution of the offense charged, the TPAMB may sell the forfeited vessels, 
structures, effects, materials and equipment in a public auction. Proceeds of the 
said sale shall accrue to the TRNP created under this Act. 
In case the confiscated vessels, structures, effects, materials and 
equipment are in custodia legis, the TPAMB or its counsel, after proper 
proceedings may move for the sale of the confiscated or forfeited vessels, 
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structures, effects, materials and equipment pendente life; Provided that the said 
vessels, structures, effects, materials and equipment is no longer necessary for 
the proper prosecution of the offense or if the same is necessary but substitute 
evidence is accepted by the court. The proceeds of the said sale shall likewise 
accrue to the TRNP Fund created under this Act. 
SECTION 35. Violation of Ofher Laws - Prosecution for violation of this 
Act shall be without prejudice to the prosecution of the offender for violation of 
other laws, rule and regulations. 
SECTION 36. Who Shall Enforce this Act, Other Laws, Rules and 
Regulations Within TRNP. The Armed Forces of the Philippines through the 
Philippine Navy, the Philippine National Police, the Philippine Coast Guard, the 
law enforcement officers of the DENR and DA-BFAR, PCSD officials and staff, 
LGU officials, law enforcement officers of LGUs, members and officers of the 
TPAMB, the PaSu and hislher staff, and other deputized environment and natural 
resource officers, are hereby authorized and shall cooperate in the enforcement 
of this Act, other laws, rules and regulations within the TRNP. 
Any one of the above persons and entities is authorized to file 
administrative cases before the proper agencies and bodies, or initiate criminal 
proceedings in accordance with the Rules of Court, for offenses committed within 
the TRNP. 
SECTION 37. lnspection Powers. The PaSu and hislher authorized 
representative shall have the power to stop, board, search and inspect all 
vessels within the TRNP for the purpose of enforcing the provisions of this Act, 
other laws, rules and regulations. 
SECTION 38. Special Prosecutors and Counsels. The Department of 
Justice, upon recommendation of the TPAMB, shall designate special 
prosecutors from among state and public prosecutors to do preliminary 
investigation and prosecute violations of this Act, other laws, rules and 
regulations within the TRNP. Such special prosecutors shall coordinate with the 
TPAMB and the TMO in the performance of his/her duties and assist in the 
training of wardens and rangers in arrest and criminal procedure. The TPAMB 
shall periodically submit an evaluation of the performance of the designated 
38 
special prosecutors to the DOJ 
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The TPAMB may retain the services of a competent lawyer to prosecute 
and/or assist in the prosecution of cases under the direct control and supervision 
of the regular or special prosecutor and to defend the members of the TPAMB, 
the PaSu and TMO staff, or person assisting in the protection, conservation and 
sustainable development of the TRNP, against any legal action related to their 
powers, functions and responsibilities as provided in this Act or as delegated or 
tasked by the TPAMB. 
SECTION 39. 
Citizens Suits. For the purposes of enforcing the 
provisions of this Act or its implementing rules and regulations, any citizen may 
file an appropriate civil, criminal or administrative action in the proper 
courts/bodies against: 
(a) Any person who violates or fails to comply with the provisions of this 
Act its implementing rules and regulations; or 
(b) Those mandated to implement and enforce the provisions of this Act 
with respect to orders, rules and regulations issued inconsistent with this Act; 
and/or 
(c) Any public officer who willfully or grossly neglects the performance of 
an act specifically enjoined as a duty by this Act or its implementing rules and 
regulations; or abuses his authority in the performance of his duty; or, in any 
many improperly performs his duties under this Act or its implementing rules and 
regulations; Provided, however, That, no suit can be filed until after thirty-day 
(30) notice has been given to the public officer and the alleged violator 
concerned and no appropriate action has been taken thereon. 
The Court shall exempt such action from the payment of filing fees and 
statements likewise, upon prima facie showing of the non-enforcement or 
violation complained of, exempt the plaintiff from the filing of an injunction bond 
for the issuance of preliminary injunction. 
In the event that the citizen should prevail, the Court shall award 
reasonable attorney's fees, moral damages and litigation costs as appropriate. 
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SECTION 40. 
Suits and Strategic Legal Action Against Public 
2 
Participation (SLAPP) and the Enforcement of this Act. Where a suit is 
3 
brought against a person who filed an action as provided in Section 39 of this 
4 
Act, or against any person, institution or government agency that implements this 
5 
Act, it shall be the duty of the investigating prosecutor or the Court, as the case 
6 
may be, to immediately make a determination not exceeding thirty (30) days 
7 
whether said legal action has been filed to harass, vex, exert undue pressure or 
8 ' ,  stifle such legal recourses of the person complaining of or enforcing the 
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provisions of this Act. Upon determination thereof, evidence warranting the 
same, the investigating prosecutor or the Court, as the case may be, shall 
dismiss the complaint. In addition, the Court shall award the attorney's fees and 
double damages. 
This provision shall also apply and benefit public officers who are sued for 
acts committed in their official capacity, there being no grave abuse of authority, 
and done in the course of enforcing this Act. 
SECTION 41. 
Convening the TPAMB. Within one (1) month upon 
effectivity of this Act, the interim TPAMB shall convene to ensure that its 
composition and structure conform with the provisions of this Act. 
SECTION 42. 
Continuation of the TMO. The present Tubbataha 
Management Office (TMO) shall continue to exist and function as such, subject 
to reorganization, if necessary, in accordance with Section 14 hereof. 
SECTION 43. Continuation of all Other Arrangements. Except when 
otherwise provided by this Act, all arrangements, commitments and agreements 
pertaining to the management, utilization, conservation and protection of the 
TRNP made and entered into by government agencies, the present TPAMB and 
the TMO, and the active involvement of the Philippine Navy and the Philippine 
Coast Guard in law enforcement in TRNP, shall continue to subsist until validly 
amended, revised, repealed or renewed. 
34 
SECTION 44. Implementing Rules and Regulations. Within six (6) 
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months upon the effectivity of this Act, the TPAMB shall prepare the 
36 
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Implementing Rules and Regulations of this Act. 
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SECTION 45. 
Appropriations. The DENR and the PCSD shall 
immediately include in the Department's 
and Council's program the 
implementation of this Act, the funding of which shall be included in the annual 
General Appropriations Act. 
SECTION 46. 
Construction and Suppletory Application of Existing 
Laws. The provisions of this Act shall be construed liberally in favor of achieving 
biodiversity conservation, protection and sustainable development. Provisions of 
Republic Act No. 7611, otherwise known as the Strategic Environmental Plan 
(SEP) for Palawan Act, Republic Act No. 7586, otherwise knows as the National 
Integrated Protected Areas System Act, and Republic Act No. 8550, otherwise 
known as The Philippine Fisheries Code of 1998, Republic Act No. 9147, 
otherwise known as the Wildlife Resources Conservation Act, and existing 
forestry laws, and their corresponding rules and regulations not inconsistent 
hereto shall have suppletory effect in the implementation of this Act. 
SECTION 47. Separability Clause. If any part or section of this Act is 
declared unconstitutional or otherwise invalid, such declaration shall not affect 
the other parts or sections hereof. 
SECTION 48. 
Repealing Clause. All laws, presidential decrees, 
executive orders, rules and regulations inconsistent with this Act shall be deemed 
repealed or modified accordingly. 
SECTION 49. Effectivity. This Act shall take effect immediately after its 
complete publication in two (2) newspapers of general circulation. 
Approved. 
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