Republic of the Philippines pat
HOUSE OF THE REPRESENTATIVES
Quezon City Te

ey:,

SEVENTEENTH CONGRESS
First Regular Session
rrets7RaT
HOUSE BILL No. BILLS AND i
eS

Introduced by HON. RODEL M. BATOCABE, HON. ALFREDO A. GARBIN, Jr. and
HON. CHRISTOPHER S. CO

EXPLANATORY NOTE

According to the Philippine Statistics Authority, the Philippines’ abundance of
natural resources has been on the decline since 2006, while the population has
meteorically risen to the number of 102 million, no doubt a number requiring the
consumption of more of our natural resources, and sometimes, their depletion and
destruction. In a rapidly modernizing and technologically-oriented society, it is easy

to forget caring for the natural environment in the name of progress.

Section two of Article XII of the 1987 Philippine Constitution mandates that
“The State shall protect the nation's marine wealth in its archipelagic waters,
territorial waters, and exclusive economic zone, and reserve its use and enjoyment
exclusively to Filipino citizens". Further, as the owner of all the natural resources of
the Philippines, the State has the implicit responsibility to care for all forestry, waters,
flora, fauna, and other natural resources for the benefit of the bureaucracy.

One of the harms we have to guard against is the loss of our biodiversity,
whether natural, physical, or biological. Tens of species are in threat of being lost
every year worldwide, and the effects are similar in the Philippines, where hundreds
of species are vulnerable, endangered, or critically endangered, for both flora and
fauna


Page 2 of 36

In tine with the imminent loss, we propose a bill creating a National Integrated

Protection g these endangered species are recognized

le the proper defenses and security to the

as heritage sites, in order to provi
Philippines’ biodiversity

ALFREDO

RODI ; CABE


SecorudsHMeawne

NMN NSE Ee ee
ESOS sSewaaranre

Page 3 of 36

Republic of the Philippines

HOUSE OF THE REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 133

Introduced by HON. RODEL M. BATOCABE, HON. ALFREDO A. GARBIN, Jr. and
HON. CHRISTOPHER S. CO

‘AN ACT
ENHANCING THE NATIONAL INTEGRATED PROTECTED AREAS SYSTEM
(NIPAS), PROVIDING FOR ITS MANAGEMENT, AND REPEALING FOR THE
PURPOSE REPUBLIC ACT NO. 7586 AS AMENDED

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 and referred to as the Enhanced
National integrated Protected Areas System Act.
SEC. 2. Declaration of Policy. - Cognizant of the impact of human activities

on all components of the natural environment, particularly those brought about by
increasing population, resource exploitation and industrial advancement, and
recognizing the critical importance of protecting and maintaining the natural,
biological, and physical diversities of the environment notably on areas with
biologically unique features to sustain human life and development, as well as plant
and animal life, it is hereby declared the policy of the State to secure for the Filipino
people and for future generations, the perpetuation of all native plants and animals
species through the establishment of a comprehensive system of integrated
protected areas within the classification of national park as provided for in the
Constitution.

It is hereby recognized that these areas, although distinct in features, possess
common ecological values that may be incorporated into a holistic plan
representative of the natural heritage; that effective administration of these areas is


Page 4 of 36

possible only through cooperation among national government, local governments

and conce! ions; and that the use and enjoyment of these

protected areas must be consistent with the principles of biological diversity and

sustainable developr
To this end, there is hereby established a National Integrated Protected Areas
System

(NIPAS), which shall encompass physically unique areas and bi

ogically significant

public lands that serve as habitats of rare and e:

of plants and

animals, biogeographic zones and related ecosystems, whether terrestrial, wetland

or marine, all of which shall be d ated as protected areas. The System shall

recognize conservation areas and the management regimes of local governments

units (LGUs), comm and indigenous peop

The State shall ensure the full imple: tation of this Act by establishing the

ing for adequate

scientific and technical support for the conservation of biodi

ity and the integrity of
ecosystems and cultura! practices
SEC. 3. Definition of Terms. As used in this Act:

@ 8

suant to Section 6

hereof that need special development control in order to avoid or minimize
harm to the protected

ves refer to parts taken or substances extracted

() — By-products or Deri
nk d form. TI

in pr ide stuffed animals and
herbarium specimens:

(€) Collection or Cott

wildlife and its by-products or derivatives;


erINynnaeawne

©

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(e) _ Conveyance refers to every kind of vessel, including motorized or non-
motorized vehicles, non-displacement crafts and seaplanes that are used for
or may be used as a means of transportation on land or water.

(0 Delineation refers to the actual ground survey of the boundaries of
protected areas and their buffer zones including designated management
zones using the Global Positioning System (GPS) or other applicable survey
instruments and technologies conducted for the purpose of drawing up a map
of the area;

(e)  Domarcation refers to the establishment of the boundaries of protected
areas and their buffer zones using visible markers, monuments, buoys in case
of marine areas, and known natural features and landmarks, among others,
as a result of the actua! ground delineation

(h) Ecosystem Goods and Services refer to the multitude of material and
is and benefits from healthy ecosystems necessary for

non-material provi
human sustenance and survival including supporting processes, provisioning
and regulating of the environment and pre:

( — Endemie Species refer to the species or subspecies of flora and fauna

cuiting and found only within specific areas in the

country;

6) Exotic Species refer to the sp and fauna

which, historically, have not been naturally occuring within the protected area;
9

‘ ting for mineral and
energy resources, by geological, geo-chemical or geophysical surveys,

of util

y

o Gear refers to any instrument or device and its a:
h de
or possessing resources within the protected area;

taking, cate!



Page 6 of 36

(m)  Gonetically Mecified Organism (amo) refers to any living organism

t po ar

use of modem biotechnology;
1 fayna for food and

recreational purposes, with the use of weapons such as guns, bow and arrow,

(») Hunting refers to th

spears, traps and snares;
(0) Indigenous Cultural Community ICC\ndigor

Pople (IP) refers to

a group of peopte

, and who have, since time immemorial
da feeHye

and other distincti

unintentionally outside their natural ha
establish th:

new environment;

(3) _ Multiple-Use Zone refers to the portion of the protected area where

ure, agro-
pe extraction activities and income Senetati ing or livelihood activities
may be al! o ES 4
() National integrated Protected Areas System (NIPAS) refers to the

essential ecologic:

diversity, to ense

such in the 1987 “Philippine Constitution which include



Page 7 of 36

catagorized under Sec. 4 of this Act, primarily designated for the conservation

d habitats and cultural diversity;

(v) Natural Biotic Arca refers to ar way of life

of societies living in ha
technology at their pace;
(w) Natural Men!

ly small area focused on the

protection of small featu natural

features on account

(%) Natural Park
net allowed and is
> of national or

fishing for more than 24-hours;

@) Poaching refers to g

ine protected
s by any person,

ions of land and water set aside

tfeanos

managed to

ist destructive human

trust fund

(ce) Protected Arco Retainec! Income Account ref
intained by any protected area and administered by the respective

Protected’ Arca Manag: t Pcard (PAMB) rcpresenting the seventy-five


Page 8 of 36

(75%) of revenues generated from the protected area to support its
management;
(ad) Protected Area Superintendont (PASu) refers to the chiof o}

perating

officer of the prot: d area with perm: it plantilts in the
Department of En nent and Natural Resources (DENR);

Vor
d by the han
es fo
recreation, tourism and other economic activities;

(Protected Species

{ee) Protected Lands: pes refer to areas of national

significance which are chara’

and land while provid

opr

ved protected
ide all species

fo : Jangored Species of
Wild Flora and Fauna (CITES) and all its Annexes, the Convention on the

ce

r the Red-List
of Nature and

ape) 5 (OMS). th

categories of the Internationa! Union for the Cons:

Natural Resources (IUCN), or any piont or anima! which the DENR, PAMB or
any government agency may deem necessary for conservation and
i ‘ed area;

(ge) Quarrying refers to the process of extracting from, transporting,

removing and disposing out of the protected area send, grovel, g

thin the protected area. This

bstances as the

resources such as

earth,
serpentine, shale, tuff, vol
area;

(hh) = Resource FR and relatively isolated and

hited

ed to protect the natural



Page 9 of 36

activities that could affect the resource pending the establishment of

tives which

on appropriate knowledge and planning;

(i) Special Account in the General Fund (SAGF) refers to the trust fund

fed to the t

revenues generated from the operation of individual protected area and
t af integrated Pr

GW) Special Use refers to the development of land

depos al Treasury represent

as System;

provided in Section 24 hereof,
(kk) Strict Nature Re
eatures, and species of flora and fauna of national _ scientific

ecosystem,

S

nd maintain processes in an

undisturbed state in order to preserve ecological © examples of

the natu

monitoring, education, and for the maintenance of genetic resources in

a

ionary state;
it communities

s of tenured mr

(@)——Tenured Migrants refer to mem!

as defined in this
(am) $ refer to communities within protected
ig oF as

designation of the same as protected are:

five (5) years before the
is Act and

which are solely di st
(nn) Threatened Species refer to a general term to denote species or

le, or other accepted


OrIynnewne

.

Page 10 of 36

assures the natural

ary ant species, groups of

species, biotic commur n s of the environment where
these may req fons for thelr porpetuat

SEC. 4. Categories.- The
established:
a. Strict Nature Reserve

wing categories of protected areas are hereby

b. Natural Park
c. Natural Monument

d. Wildlife Sanctuary

e. Protected Landscapes and Seasca|

f. Resource Re

g. Natural Biotic Areas and

h. sas law or international

conventions and agre< rament is a

signatory

a law, pre

pursuant to

wildemess area, strict

nd historical

itificd and still

landmark, protected and managed lands:
to be identified old-growt!: forests bef.

with this Act until delisted;
1.Establish:
established as protected areas through Acts of Congress, the following

cls of and hereby estabtished as protected areas with the land or

water classification of national! park:


y

an,
2000

2. Agoo-Damortis Protc cand Seacer;
2000

bE) . fe Sat 913
4. Alburquerque-Loay-Loboc 293
5. Aliguay Island Protected Landscape 106
6 AI Protected Landscape 139
7. Amro River Protected Lands

April 23, 2000
8 Apo Island Protected Landscape/Seascape
1994
9. Apo Reef Natural Park

September 6, 1996
10. Baliangao Protected Landscape and Seascape
22, 2000

11. Balinsasayao Twin Lakes Natura! Park 414
12. Basilan Nat Ate 321
13. Bataan Natural Park 192
1987

14. Bessang Pass Natura! Monument 284
15. Bicol Natural Park 431
16. Bigbiga Protected Landscape 290
17. BiriLarosa Protected Landse 291
18. Bongsalay Natura! Paik 319
19. Buenavista Protected La 204
20. Bulusan Voleano Natural Park 424

24. Rung Natural

AREA 63

i Number

Page 11 of 36

Proclamation Date
318 May 31,

277 April 23,
October 31, 1996
April 23, 2000

May 6, 1999
April §, 2011
274

438 August 9,

868

418 November

November 21, 2000
May 31, 2000
November 27,

April 23, 2000
December 28, 2000
April 23, 2000

April 23, 2000

May 31, 2000
Aprit 23,
November 27, 2000
December 22, 1998



22. Calbayog-Pan-As ! layiban Protected Landscape
3, 1998

23. Camotes Island Prote 333
24. Casecnan Protected Landscape 289
25. Catanduanes Watershed Forest Reserve

June 23, 1987

26.
27. Chocolate Hills Natural Monument
1997

28. Cuatro Islas Protected Lan

32. G n Protected Lan:
September 26, 1994

33. HinuluganTak! ape 412
34. Initao-Libertad Pre 260
35. 278
36. 1275

37. Lay
38, Loke Danao Natural Park 1155

iral Biotic Area 297

39. Las Pifias Paraf

and Ecotou
40. Libunao Protected Landscape 280
Aq, Le

42. Mabini Protected Landsc:

Page 12 of 36

1158 February

February 26, 2003

April 23, 2000
123

272 April 23, 2000
1037 July 1,

270 April 23,

April 23, 2000
August 10, 1999

Apri! 23, 2000

469

Nov 17, 2000

September 16, 2002

April 23, 2000
April 20, 2007
April 24, 2000

1412 and 1412-4

ry 31, 2008
April 23, 2000
April 23, 2000
May 34, 2000


43. Mahagnao Volcano Natural Park
44, Mai
45. Malabungot Protected Landscape and Se:

fotspring Protected Landscape

jag Spring Protected Landscape

Mild

uquoWildife Sanctuary
48. Masinloc and Oyon Bays Protected
Landscape and S

fi Protected Landscape

Mts. Iglit-Baco Natura

. Mts. PalayPalay ate
Protected Landscape

61. Mt. Timpoong and ibek-Hibok
Natural Monument

62. Mount Tiriolan Protected Landscape

63. Murciclagos Island Protected
Landsca cape

64. Naro Island Wildlife Sanctuary

65. Ninoy Aquino Parks and

66. Norther MN Ss Natural Park
67. NM west Panay Peninsula Natural Park

68. Olango Island Wildlife Sanctuary

912
295
413
1248
292
7A6
557
1344
214
305
552
1315

570

281

317
723
895
186
903

Page 13 of 36

February 3, 1998
December 31, 2000
288 = April 23,

March 10, 1994
August 17, 2004
August 18, 1993

September 6, 2005
April 23, 2000
November 21, 2000
May 6,2
April 23, 2000
February 20, 1996
May 8, 1969

July 30, 2007
June 20, 2002
May 5, 2000
March 20, 1995
dune 27, 2007

March 9, 2004

August 14, 2000
April 23, 2000

May 34, 2000
October 25, 2004
August 15, 2005
April 18, 2002
May 14, 1992


69. Palaui Island Protected Landscape and Seascape
28, 1994

70. Pamitinan Protected Landscape 901
71. Panglao Island Protected Se 426
72, PasonancaNatural Park 132

73. F nea Pr nd Seascape
6, 2003

74, Pujada Bay Protected Landscapo/Seaccaps
1994

75. Quezon Protected 304
76. Quirino Protected Landscape 779
77. Rajah Sikatuna Protected Landscape 287
78. Roosevelt Protected Landscape 273
79. § tural Monument 275
80. Samar Island Natural Park 442
81 290
82.

83, Sollnog Island Protected Landse

Yatural Park 282
86. Simbahan-Talagas Protected Landscape 267

87. Sinarapan Sanctuary
88. Siocon Resource Reserve 84
89. Taal Volcano Protected Landscape 923
90. Talibon Group of Islands 134

Protected Li

1 283
92. T * cape 124
93. Tinuy-An Falls Protected Landscape

Page 14 of 36

447 August

October 10, 1996

July 22, 2003

July 5, 1999

4184 October
431 July 31,

June 2, 2007
February 9, 2005
Apri! 23, 2000
April 23, 2000
i 23, 2000

August 13, 2003
Apri! 23, 2009
March 5, 1996

276 = April 23,

902 October

April 23, 2000
April 23, 2000

February 24, 1999
November 19, 1996
July 5, 1999

April 23, 2000
May 27, 1998


Page 15 of 36

94. Tumauini Watershed Natural Park 355 April 4, 1994
95. Turtle Islands Wildlife Sanctuary 171 August 26, 1999
96. Upper Marikina River Basin Protected Landscape 296

November 24, 2011

The boundaries and technical descriptions of each protected area as

shall delineate and demarcate on the gr
which shall not be modified except by an Act of Congres
2, The Remaining Initial Ci

effectivity of this Act, the DENR shall underta!
preparation for the estat

cted areas through an Act of Congress: i) provide maps and technical

ce (3) years from the
the fotlo

it of the remaining init

9 activities in
as

nt of the areas; and

ili) conduct public hearings.

Any initial con

il be considered delisted without prejudice to relisting based

of pow scientific information
3. Additional Areas to be Included Into the = System Upon the

recommendation of the D!

= unig: pe ae
anvhropetent ical significance and hi ‘gh biological ere may be proposed for

aii

#8 shall

the same

Such arcas shall

procedure as the remaining initial components for legistati
® All DENR record 2

s, copies of rules and regulations
nd ropeits submitted to C

“gress on

gov nding
addition, elimination, or modification shal! be made available to the public. These
vailable to the public in the respective DENR

cnt and Natural Resources Offices (PENROs)



Page 16 of 36

and Community Environment and Natural Resources Offices (CENROs) and

@ protected areas are located;

(c) The DENR shal! conduct suitability assessment for each of the proposed

protected area. If found suitable for in the System ig to the
ished in Section 4 hereof. A report shall be submitted to the
e study is completed, to wit:

(i) Protected area occupants survey;

(ii) Ethnographic study;

(iil) Protected area resource profile:

(iv) Land and water use plans; and

(v) Other background studies,
(d) In the conduct of pub

() Notify the public of roped action psn publication in a

n, and such other means thirty

ttotfon, the DEN

(30)
days prior to the consultation;
(ii) Conduct consultation at locations nearest to the affected areas;

(iii) Advise all LGUs in the affected areas, national agencies
concerned,
people's orga: go it
(NGOs)
nad i
position

papers at least tt

holt

detons of the DEND. the Precis

(e) Upon re

issue a proclamation e: stablshing th the proposed areas and d providing for measures for

hen Congress shall have enacted a law finally

declaring tt the recommended areas as part of the System; and


Page 17 of 36

(f) Thereafter, the President shall recommend the Senate and the House of

areas or reclat

the review which has been completed, together with maps and lega! descriptions of

boundaries.

SEC. 8. Buffer Zones.-Buffer zones surrounding the protected areas shall be
4 PAMB, for the purpose of prov

ated by
where restrictions can apply and communities can assist in rep:

g an extra layer of protection
ing threats to the

protected area without need 46
public or private lands.

SEC. 7. Man

ont PI year from the establishment of the

got v
protected area, a management plan shall be formulated for each protected area and
as the basic of its
management and shall serve as guide in the preparation of the annual operations
plan and budget.

The management plan shall, at the mini

its buffer zone which sha!! s

implementation of inn

opment, socioeconomic

change

and scientific researches, site-specific policy _developme

adaptation and mitigation, and dise r
sewerage and 1 septage management, among others. The plan shall also provide
t ‘coordination with

A managem

basic background

auding uneats, Keeneland ons, regional

interrelationships, thematic maps, and investment and financia! sustainabitity plan

The Protected Are: shell take the feed in the
Preparation ¢ of the manage vith the participation of and in consultation with

sffecs of !

he Department of
(NCIP), if called

Tourism (DOT), the Nationa! Commission on indigenous Peo;



Page 18 of 36

for, the Department of Agriculture (DA), the Local Government Units, as well as the

nizations, IPs/ICCs, academic and research
ible to
ig the

private sector, civil society or

institutions, and the public in general. The proposed plan shal! be made a

the public through posting in the pro

protected area as wel asin the barangay halls within or immediately adjacent to the
d, That the plan shall
That

ted area for cor

be plainly written in a language understandable in the area: Provided, furth

‘er, That the DENR S:

vs, rules and regulate,

Once approved, the management plan shal! be made a!
from the PAMO and DENR Re

to the public

ivil society organizations,
ies. All concerned local
government units shall integrate and mainstream the management plan into their

policies, programs and lo
The management plan shall be modified and updated regularly and in

ents and surveys as well as

relevant developments in biodiversity conservation. The DENR through BMB shall

ent plans to compliance and

monitor the implementation of the m

consistency with biodiversity conservation objectives.
SEC. 8, Adininist Mana ant of the System.- To carry out the

mandate of this Act, the Secretary of the DENR is empowered to perform the
following acts
a) Issue a system wide set of rules and regulations to implement the
provisions of this Act;


Page 19 of 36

b) Set standard procedures and protocols for the establishment and
management of protected areas of the System;

c) Determine a system-wide set of fees and charges to ensure
sustainable fina:

Designate the appropriate Chair each Protected Area Management
SEG. 9. Protected Arca

nt Be

ed Arca Management

a) DENR Regional Director under whose jurisdiction the protected area is
located, as Chairperson;

© regiona!

b) One (1) representative from the autonomou:
applicable:

c) Govemors of the provinces covering the protected area;

a) ent Coordinators (PPDC) or the

Provincial Government Environment and Natura! Resources as may be
appropriate;
) Mayors of the cities or municipalities covering the protected area or their
duly
f)Chairpersons of the barangays covering the protected area or their duly

designated representativels;

g) One (1) representative from the IPs/ICCs, if applicable;
h) (3), but not five (5) ro] ives from NGOs

duly accredited by the DENR or the local government unit operating in the
have be

designated representat

protected area wi

records related to the protection and management of the protected area;
) Att
accredited People’s Organizations (POs) operating in the protected area,

one (1), but not more than three (3) representatives from



Cada Hnewone

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28
29
30
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Page 20 of 36

which have been existing for five (5) years with proven track record on a

o rotection and management of the protected area;
j) One (1) representative from an academic institution with proven track

record related to the prot
and
kK) One (1)

protected ar
therein.

3 the PAMB shall serve for a term of five (6) years without
compensation, except for the actual and necessary traveling and subsistence

expenses incurred in the

meetings of the PAMB or in connection with other official business authorized
through a roscluition of the PAMB,

ttoo

member shall have the full capacity and accounta! for decisions binding to the

vernimcnt officials, their

member's sector. In the cas

shall continue their term until the expatn of their appointment. Thereafter,

members of the M: ent Board shall be appointed accord: with the

i duly opp’ by the DENR
Sevietay: Provided, further, That if feasible, at least ‘meni 720%) of the PAMB

members shal! be w: iblic Act No. 9710 oF tt Carta of
Women.
Am , t ing grounds:
a) More than three (3) consecutive unexcused absences from regular
meetings of the ent Board:
b) Commission of acts prejudicial to the management of protected areas as

ting rules and regulations
governing protected areas;


1
2
3
4
5
6
7
8
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12
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°)
d)

e)

Page 21 of 36

Disassociation from the office or organization being represented;

Nn of

nship with the office or organization being
represented; or

Conviction by final judg: tof any cri

SEC. 10. Powers and Functions of the PAMB.-The PAMB shall, by a majority

of budgot,

als for fu

ing, decide on

matters relating to planning, peripheral protection and general administration of the

protected area in accor

the PAMB

shall have the following powers and functions:

a)

dq)

e)

f)Establish criteria and set feos and charges in accordance

9)

h)

Ove ePi

od Area Management Office;
Approve the management plan of the protected area and ensure its
! Do

harmonization and integration with the
Development Plan, land use plan and other development plan;

ns to include rues of p edures in the conduct

of business, and creation of committees and their respective terms of
reference;
Recommend the deputation of appropriate agencies and individuals for

for the imple

plan and manage the protected area retention income account, and other

funds in acco th the accounting and bud

ting rules and

regulations;

existing

guidelines and raise funds for the protected area;

ns for the

fon of conflicts through

appropriate and effective means;
Recommend app

the DENR other

government authorities;


Page 22 of 36

i) Monitor and assess the performance of the PASu and other protected

npliance of partners to the terms and conditions of

any undertaking, contract or agreement;

i) Recommend from among a short list of qua!
designation or appointment of the PASu; and

oO” off

Provided, tHAT the members of the Management Board from the Local Government

Units (LGUs) and na’ in the PAMS shall inf thet

ess of the ent of the protected area:

rogulations, progra c that the provisions of this Act,
and its Implementing Rules and Regulations, are complied with, and used as

reference and fr:

Failure to comply v

the PAM

v ner, That the DENR, through the
Regional Director, shal! ensure that the PAMB acts within the scope of its powers
tb
the existing administrative orders of national application, the latter shall prevail

SEC. 14. The Prot n (PAMO).~ There is hereby
CREATED a Protected Area Management Office (PAMO) to be headed by a PASu
of the

and functions. In case of cor the re by the PAR

ent O!

who shall perform the day to day ma
protected area. The PASu shall be supported by the DENR paisa designated

, protection, z

therein.

The DENR shall appoint a PASu who shal! be primarily accountable to the
PAMB and the DENR for the ma: ind p
such, the PASu shall have the following duties and responsi

area. As

jon of the management plans

b) Ensure the int ent plans,

programs, projects and policies with relevant national and local

of the proto

ent units’ plans and programs;


CS OYAKHR WHE

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16
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19
20
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Page 23 of 36

©) Provide secretariat services to the PAMB and its committees and ensure
availability of relevant and timely for decision making;

d) Formulate and recommend to the PAMB the proposed policies rules and
regulations and programs ;

e) Establish, operate and maintain a database management system as

support tov

orce the faws, rules and regulations relevant to

the protected area, commence and institute administrative and fecal

actions in collab

» other governmer F ofg

and assist in the prosecution of offenses committed in violation of this Act;

of the protected area;

g) Request for and receive any tech

any ageney or instrumentality of the goverment as well as academic

e sector as may

be necessary for the effective management, protection and administration

of the protected area;
h) Issue permits and clearances for activities that implement the
ted al

ies in accordance with terms,

conditions and criteria established by PAMB: Provided, That all permits for

extraction activities, including collec for re: s shall also

PAMB through the PASu, i e with the specific acts to
be covered;
i) Perform such other functions as the PAME ang the DENT may delegate.

The PAMO may be augmented by the deputized Environment and Natural
ondation of the PAMB and approval by the

(EIA)~ © ing that
protected areas are environmentally critical areas, the proponent of development

cntially significant adverse impacts as determined by

the Environmental Management Bureau (EMB), whether or not these projects or


Page 24 of 36

activities are included in the management plan, shall secure an Environmental
Compliance Certificate (ECC) in accordance with the Philippine Environment Impact
Statement (EIS) System: Provided, That for development projects and activities in
the management plan, an Initia! En Examination (IEE) can be u en
instead of a full-blown EIA. The proponent of any development project and activity

0 PAM!

ing or implementing the

activity and before the issuance of an ECC. Violations of environmental laws, rules

and regulations, including those under tho EIA System, shal! be penalized
accordingly.
SEC. 13. Ancestral'La tral lands and customary rights

and interests shall be accorded due recognition. The DENR shal! prescribe rules and
fegulations to govern the act to be conduc
protected areas: Provided, That the DENR shall not, at any time, evict indigenous

cy, oF ‘om to another area without

their consent: Provided, however, That all rules and regulations, whether adversely

led to no and he

affecting said communitics or not, shal! be st Ing to be

participated in by members of concerned indigenous omen
reas (ICCAs) within the protected area
shall be recog’ and s respected The PAMB and PASu shall assist the IPs/ICCs

Q fon of ICCAs,
and the preparation of community conservation plans. The identified ICCAs and the
the protected

, and regi:

Il be h:

area management plan and zoning. The PAMB shall! likewise take into account

ICCA issues and concerns in al! man King
processes.
SEG. 14. En ources, - F ict nature reserves

and natural parks, may be subjected to exploration only for the purpose of gathering

nd onty if quliwlth thes

ifs
y

information on energy re:
damage to surrounding areas. Surveys shall be conducted only in accordance with a
ed by the DENR, and the result of such surveys shall be made



Page 25 of 36

available to the public and submitted to the President who shall make the
appropriate for recommendations to Congress.

Energy projects within a protected area shat! only be allowed through an Act

of Congress except for renowable energy pr the PAMB may allow and
with the concurronce of the DENR Secretary: Provided, That these renewable
energy projects fo the ‘ection zones, shall adopt reduced

impact technologies, undergo EIA as provided by law, and shal! not be detrimental to
ecosystem functions and biodiver er, That 1 shall
be remitted by the proponent to the IPAF to be released to the depositor upon the

ment, struct

uipr and improvements and the
rehabilitation of the site according to the zones and objectives under the
management plans as attested to by the PAME.

SEC. 15. Areas Under the Management of Other Departments and

The DENR shall retain jurisdiction over all protected

areas in accordance with Executive Order Nos. 192 and 292. The DENR has
management and adm ive powers over NIPAS except those under the
management and administration of other agencies pursuant to specific laws or
ances: Provided, Th

ent or govern

ont instrumentality

exercising management and administration over said protected area or a portion

thereof shall coordinate with the DENR

the preparation of its menegemont plan

The DENR may enter into an agreement with the concerned government

tod area

agency for the manag ally for activities such as

the creation of a management body, preparation of the management plan, and other
related activities.

SEC. 18. Integrated Protected Area Fund (IPAF).- There is hereby
tf ted Pr

to be known as the Ir

iblished a tru

areas and the System. Income genera! ‘
protected areas shall accrue to the IPAF, These income shall be derived from fees
nitted sale and export of flora and far and other resources from the

protected area; proceeds from lease of multiple-use areas; contributions from

from p



Page 26 of 36

industries and facilities directly benefiting from the protected area; and such other
fees and income derived from the operation of the protected area.
The PAMB of the PA shall retain seventy-five percent (75%) of all revenues

raised through the above means, to be deposited in the Protected Arca Retained
Income Account (PA-RIA) in any authorized government depository bank within the
ided, That dis

the protection, maintenance, administration, and managoment of the protected area

locality: Pr ments out of such deposits shall be used solely for

and implementation of duly app donations,

ices, domestic o foreign or focal government units, and

endowment from various s

voluntary or togistated payn system goods and services including fines,
penalties and compensation for damages and bonds from protected area offenses
shall accrue to the PA-RIA.The rema

shall be deposited as a Special Account in the General Fund (SAGF) in the National

ing twenty-five 25%) of the revenues

reasury for purposes of financing the projects of the entire System
The use of the IPAF shall be in accordance with existing accounting, budgeting

is: Provid ft at IPAF shal! not be used

and auditing rules and regutati

to cover personne! services expenditures.

The concerned LGUs may

permits, property tax within titled prop and rental of LGU facilitios: Provided,
That LGUs may charge additional fees to those imposed by the PAMB subject to the

approval of the PAMB based on n of the LGUs in the maintenance and
protection of the protected area
The DENR shal! submit to the Depa nent (DBM),

Department of Finance (DOF) and other oversight government agencies, copy

it of Bs

f od the House Committee on App s and the Senate Committee on

Finance, reports on the financial and physical accomplishments on the utilization of

the IPAF including the list of projects and a and their
and, other reporting documents as may be required by the DBM.
SEC. 17. Tax Exo sts, endowments, donations, and

contributions made to the Protected Area Fund to be used actually, directly, and

on.- All grants, beqt



Page 27 of 36

exclusively by the protected area shall be exempt from donor's tax and shall be
considered as allowable deduction from the gross income of the donor for purposes
of computing the taxable income of the donor in accordance with the provisions of
the National Internal Revenue Code of 1997, as amended.

SEC. 18. Special Prosecutor and Retained Counsel. —Within thirty (30) days
from the effectivity of this Act. The Department of Justice (DOJ) shall appoint a
special prosecutor to prosecute violations of laws, rules and regulations in the
protected area. The special prosecutor shall coordinate with the PAMB and the
PASu in the performance of duties and assist in the training of wardens and rangers
in arrest and criminal procedures. The PAMB may retain the services of counsel to
prosecute and 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
PAMB, the PASu and the staff, or any person assisting in the protection,
conservation, and sustainable development of the protected area, against any legal

and resp jes as provided in this Act or

action related to their pov
as delegated or tasked by the PAMB to be performed in accordance with their

, functi

mandate
SEC. 19. Prohibited Acts. -Except as m.

categories and pursuant to rules and regulatio

y be allowed by the nature of their

ering the same, the following

acts are prohibited within protected are:
{a) Poaching, hunting, taking, killing, collecting, destroying, disturbing, or

Pp Id terrestrial or

fauna, or by-products derived ther:

the protected area without the neces:

sing of any ° juatic plants or animals, flora or

within

authorization or

pe
rized by the PAMB shall
tion only for culling, scientific
n 27(A) of Republic Act No

cemption: Provided, That the PASu as

issue a permit,

research, the exceptions pro}

of non-prote ple use zones by

ided, further, That the act of collecting shall

s in mi

pted area and in the

possession of the perpetrator;


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(b) Cutting, gathering, removing or collecting timber within the protected area
including private lands without the necessary permit, authorization,
certification of planted trees or exemption such as for culling exotic
species. Except, however, when such acts are done in accordance with
the duly recognized practices of the IPs/ ICs for subsistence purposes;

(c) Possessing or transporting outside the protected area any timber, forest
products, wild terrestrial or aquatic plants, animals, or by-products derived
therefrom which are ascertained to have been taken from the protected
area, other than exotic species the culling of which are authorized under
an appropriate permit;

(d) Using any fishing or harvesting gear and practices such as_muro-ami, pa-
aling, all kinds of trawis (galadgad, Norway), purse seine (pangulong),
Danish seine (hulbot-hulbot, pahulbot-hulbot, likisan, liba-liba, palisot
patangko, bira-bira, buli-buli, hulahoop, zipper, lampornas, etc.), ring net
(kubkob, pangulong, kalansisi), drive-in net (kayakas), round haul seine
(sapyaw, lawag), motorized push net (sudsod), bagnet (basnig, saklit), or
any of their variations that destroys coral reefs, seagrass beds or other
marine life or terrestrial habitats as may be determined by the DA, or the
DENR: Provided, That mere possession of such gears within protected
areas shall be prima facie evidence of their use;

(e) Dumping, throwing, using, or causing to be dumped into or placed in the
protected area any toxic chemical, noxious or poisonous substance or
non-biodegradable material, untreated sewage or animal waste, or
products whether in liquid, solid or gas state, including pesticides and
other hazardous substances as defined under Republic Act No. 6969,
otherwise known as the Toxic Substances and Hazardous and Nuclear
Wastes Control Act of 1990, detrimental to the protected area, or to the
plants and animals or inhabitants therein;

(f) Operating any motorized conveyance within the protected area without
permit from the PAMB, except when the use of such motorized


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conveyance is the only practical means of transportation of IPs/ICCs in
accessing their ancestral domain/land;

Altering, removing, destroying or defacing boundary marks or signs:
Engaging in kaingin or, in any manner, causing forest fires inside the
protected area;

Mutilating, defacing, destroying, excavating, vandalizing or, in any
manner, damaging any natural formation, religious, spiritual, historical
sites, artifacts and other objects of natural beauty, scenic value or objects
of interest to IPs/ICCs;

Damaging and leaving roads and trails in a damaged condition;

Littering or depositing refuse or debris on the ground or in bodies of water:
Possessing or using blasting caps or explosives anywhere within the
protected area;

Occupying or dwelling in any public lands within the protected area
without permit from the PAMB;

Constructing, erecting, or maintaining any kind of structure, fence or
enclosures, conducting any business enterprise without a permit on land
‘or on water for any purposes inconsistent with the management plan duly
approved by the PAMB: Provided, That large-scale infrastructure and
other projects such as medium to high density residential subdivisions,
medium to large-scale commercial and industrial establishments,
township expansions, golf courses, heavily mechanized commercial
monoculture farming system, and other activities that cause increased
migration and resource degradation are absolutely prohibited: Provided,
That anyone who issues or causes to be issued a permit for these
activities enumerated shall also be liable;

Undertaking mineral exploration or extraction within the protected area:
Engaging in commercial or large-scale quarrying within the protected
area: Provided, That only quarrying for the use of a tenured migrants and
IPs inside the protected area, in a quantity lower than one (1) cubic meter


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per week shall be allowed and a presumption of commercial or large scale
arises in any other instance;

(q)_ Establishing or introducing exotic species, including genetically modified
organisms (GMOs), or invasive alien species within the protected area;

(f) Conducting bioprospecting within the protected area without prior PAMB
approval in accordance with existing guidelines: Provided, That in addition
to the penalty herein, any commercial use of any substance derived from
non-permitted bioprospecting within a protected area will not be allowed
and all revenue earned from illegal commercialization thereof will be
forfeited and deposited in the IPAF:

(8) Prospecting, hunting or otherwise locating hidden treasures within the
protected area;

(t) Purchasing or selling, mortgaging or leasing lands or other portions of the
protected area which are covered by any tenurial instrument; and

(u) Constructing any permanent structures within the forty (40) meter
easement from the high water mark of any natural body of water or
issuing a permit for such construction pursuant to Article 51 of PD 1067:
Provided, That construction for common usage wharves and shoreline
protection shall be permitted by the PAMB only after thorough ecological
review.

SEC. 20. Penalties. - The following penalties shall be imposed accordingly:

(a) The penalties and qualifications prescribed in Articles 309 and 310 of the
Revised Penal Code, depending on the value of the resources involved in
connection with the prohibited act or a fine of at least triple the value of
the resources, or both, shall be imposed upon any person who violates
paragraphs (a) to (d) of Section 19 hereof;

(b) A fine of not less than Two hundred thousand pesos (PhP200,000.00) but
not more than One million pesos (PhP1,000,000.00) or imprisonment from
one (1) year but not more than six (6) years, or both, shall be imposed
upon any person who violates paragraph (e) to (m) of Section 19 hereof;


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(0) A fine of not less than One million pesos (PhP1,000,000.00) but not more
than Five Million pesos (PhP5,000,000.00) or imprisonment from six (6)
years but not more than twelve (12) years or both shall be imposed upon
any person who violates paragraph (n) to (u) of Section 19 hereof,

(d) A fine of Fifty thousand pesos (PhP50,000.00) daily shall be imposed on
the owner of existing facilities within a protected area under Section 23 of
this Act, if the existence of the same and its future plans and operations
will be detrimental to the protected area. For every continuing violation,
upon reaching a total fine of Five hundred thousand pesos
(PhP500,000.00), or if the violation continues to be committed for thirty
(30) days, the PAMB through the PASu and deputizing other government
entities, shall cause the cessation of operation and either forfeit in favor of
the PAMO or demolish the facility at the cost of its owner. If the facility is
government-owned, the agency in charge shall submit a plan for a
substitute facility that complies with the protected area standards and,
within one year, execute the approved plan; and

(e) Administrative fines of not less than Fifty thousand pesos (PhP50,000.00)
but not exceeding Five million pesos (PhP5,000,000.00) shall be imposed
for the violation of any rules and regulations or agreements reached
before the PAMB in the exercise of adjudicative functions.

Provided, That if an area requires rehabilitation or restoration as determined by the
court, the offender shall be required to restore or pay compensation for the
damages, which payment shalll accrue to the IPAF: Provided, further, That the court
shall order the eviction of the offender from the land and the forfeiture in favor of the
government of all minerals, timber or species collected or removed including all
equipment, devices, conveyances, and firearms used in connection therewith, and
any construction or improvement made thereon by the offender shall be subject to
immediate and administrative confiscation by the PAMO, independent of the judicial
proceedings upon apprehension, subject, however, to due process and substantial
evidence requirements. When legal action is filed in the regular courts, the


Page 32 of 36

similar devices, shall not be released until after judgment of acquittal has been
rendered. Proceeds of the sale of all objects administratively or judicially confiscated
pursuant hereto shall accrue to the IPAF. Procedures for the sale thereof shall be
promulgated by the PAMB. However, no confiscated or rescued protected animal
species shall be sold or disposed of, in any manner, but shall be immediately turned
over to the PAMO for rehabilitation and release to its natural habitat, subject to
existing regulations. Valuation of the damage wrought by this Act shall take into
account biodiversity and conservation considerations as well as aesthetic and scenic
values. Valuation assessed by the DENR, in coordination with other concerned
government agencies shall be presumed correct unless otherwise proven by
preponderance of evidence.

If the offender is an association or corporation, the president or manager shall
be directly responsible for the act of the employees and laborers: Provided, finally,
That the DENR may impose administrative fines and penalties consistent with this
Act.

Any person who shall induce another or conspire to commit any of the illegal
acts prohibited under this Act or suffer their workers to commit any of the same shall
be liable in the same manner as the one actually performing the act.

The penalties specified in this Section shall be in addition to the penalties
contained in Republic Act No. 9072 (National Caves and Cave Resources
Management and Protection Act), Republic Act No. 9147 (Wildlife Resources
Conservation and Protection Act), Republic Act No. 10654 (Revised Philippine
Fisheries Code), and other related laws.

Conviction for any offense under this Act of a public officer or officer of the law
shall carry the accessory penalty of perpetual disqualification from public office.

SEC. 21. Existing Rights.- All vested property and private rights within the
protected area and its buffer zones already existing and/or vested upon the
effectivity of this Act shall be protected and respected in accordance with existing
laws: Provided, That the exercise of such property and private rights shall not
contravene the provisions of this Act and the presidential proclamations or specific
laws establishing the protected areas: Provided, further, that the DENR shall assist


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the PAMB and PAMO in the review of titles issued within protected areas and the
filing of corresponding cancellation proceedings: Provided, finally, That all existing
permits, contracts or agreements entered into by the Government for the utilization
of natural resources within protected areas shall continue until its expiration, unless
renewed, after which, such areas shall be rehabilitated or restored by the permit
holders within three years and shall revert to national parks classification

SEC. 22. Tenured Migrants and Other Protected Area Occupants. Tenured
migrants shall be eligible to become stewards of portions of lands within a multiple-
use zone. The PAMB shall identify, verify and review all tenurial instruments, land
claims, and issuances of permits for resource use within the protected area and
recommend the issuance of the appropriate tenure instrument consistent with the
zoning provided in the management plan

Should areas occupied by tenured migrants be designated as zones in which
no occupation or other activities are allowed pursuant to the attainment of
sustainable development, tenured migrants shall be transferred to multiple use
zones or buffer zones through just and humane means: Provided, That protected
area occupants who are not qualified as tenured migrants shall be resettled outside
the protected area

In the event of termination of a tenurial instrument for cause or by voluntary
surrender of rights, the PASu shall take immediate steps to rehabilitate the area

Following the Protected Area Occupant Survey mandated under Section 5c (i)
of this Act, the DENR Regional Director shall submit to the BMB within six (6)
months from the passage of this Act the final list of tenured migrants, which shall
become the official list and basis for tenured migrant recognition and issuance of
tenurial instruments.

SEC 23. Existing Facilities Within Protected Area. -Within sixty (60) days
from the effectivity of this Act, an inventory of all existing facilities such as roads,
buildings and structures, water systems, transmission lines, communication facilities,
heavy equipment, and irrigation facilities, among others, within the protected area
shall be conducted. The inventory with corresponding project descriptions and
assessment report shall be submitted by the DENR Regional Director to the BMB.


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The PAMB, with the assistance of the DENR, may impose conditions for the
continuous operation of a facility found to be detrimental to the protected area until
its eventual relocation. If the conditions are violated, the owner of the facility shall be
made liable pursuant to Sec. 20 (d) hereof.

Existing facilities allowed to remain within the protected area shall be charged
a reasonable fee by the PAMB. Structures found within the forty (40) meter
easement shall be demolished unless proven necessary to protect the shoreline and
mitigate habitat destruction. The PAMB shall levy a reasonable fee for the use of
such easement for their continued operations. Wharves shall be kept accessible to
the public

SEC 24, Special Uses Within Protected Areas.- Special use of the land may
be allowed within protected areas except in Strict Protection Zones and Strict Nature
Reserves. The PAMB may recommend the issuance of tenurial instrument subject to
compliance to ECC and payment of corresponding user fee corresponding to 4% of
the highest zonal value of the land of similar nature within the nearest barangay or
municipality where the project is located in addition of one per cent (1%) value on
improvement: Provided, That the activity shall not be detrimental to ecosystem
functions and biodiversity

SEC 25. Local Government Units. The Local Government Units (LGUs)
within the protected area shall participate in its management through representation
in the PAMB as provided under Section 9 hereof. The LGUs may appropriate
pottions of their share from the annual Internal Revenue Allotment and other income
for use of the protected area: Provided, That all funds directly coming from the LGUs
shall be exempted from the twenty-five percent (25%) remittance requirement for the
IPAF under Section 16 hereof.

SEC. 26. Reporting Responsibility. The PASu, through the PAMB, shall
submit an annual accomplishment report on the status of the development and
management of the protected area to the Secretary of the DENR through the BMB. A
report on the conditions and benefits of the biological resources and ecosystem
services of the protected area shall also be submitted by the PASu, through the
PAMB, to the Secretary of the DENR every five (5) years. Consequently the BMB


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shall likewise prepare a national State of Protected Areas (SPA) Report every five
(5) years and shall submit the same to the President and the Congress of the
Phillippines.

SEC. 27. Appropriations— The Secretary of the DENR shall immediately
include in the DENR's program the implementation of this Act, the funding of which
shall be included in the annual General Appropriations Act.

SEC.28. Construction and Interpretation.— The provisions of this Act shall be
construed liberally in favor of the protection and rehabilitation of the protected area
and the conservation and restoration of its biological diversity, taking into account the
needs and interests of qualified tenured migrants and IPs and local communities and
the benefits from ecosystem services and functions of protected areas, for present
and future generations.SEC. 29. Subsequent Site-Specific Legislation Upon the
generation of site-specific requirements for new legislation, the PAMB shall endorse
to Congress for its consideration and enactment site-specific proposals appropriately
respond to the distinct and particular needs and conservation requirements of the
protected areas in each locality. Protected areas that may be later established
pursuant to this Act shall likewise undergo the same requirements of site specific
legislation

SEC. 30. Authority to Issue Implementing Rules and Regulations. Within six
(6) months from the effectivity of this Act, the DENR shall prepare the implementing
rules and regulations of this Act.

The PAMB, upon public consultation, may issue corresponding resolutions for
each of the protected area, taking into consideration the particular circumstances
and concerns of each site. The PAMB shall ensure that specific provisions of the
applicable Presidential Proclamation not inconsistent with this Act are adopted in the
said resolutions. The PAMB shall transmit the resolution to the DENR through the
BMB for affirmation. Within thirty (30) days after the date of receipt thereof, the
Secretary of the DENR shail review the for consistency with relevant existing laws,
rules and regulations. If the Secretary takes no action within thirty (30) days after
receipt of such resolutions, these shall be presumed consistent with this Act and
therefore effective.


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SEC. 31. Transitory Provision— In order to ensure the recovery and
restoration of biological diversity and to develop sustainable livelihood opportunities
for tenured migrants, the DENR shall henceforth cease to issue concessions,
licenses, permits, clearances, compliance documents, or any other instrument that
allows utilization of resources within the protected area until the Management Plan
shall have been put into effect.

All existing land use and resource use permits issued for purposes which are
authorized within the protected area shall be reviewed and shall not be renewed
upon their expiration unless consistent with the management plan and approved by
the PAMB

The prohibited acts and penalties provided in Sections 19 and 20 of this Act
shall also apply to all remaining initial components of the System. Duly organized
PAMBs for the remaining initial components of the System shall have the same
powers as the PAMBs of established protected areas.

Public lands in such initial components not yet covered by private title by
prescription shall be classified as National Parks upon the effectivity of this Act.

SEC. 32. Repealing Clause.- Republic Act No. 7586 or the NIPAS Act, as
amended by Republic Act No. 10629 is hereby repealed. All laws, presidential
decrees, executive orders, rules and regulations inconsistent with any provisions of
this Act shall be deemed repealed or modified accordingly.SEC. 33. Separability
Clause. If any part or section of this Act is declared unconstitutional, such
declaration shall not affect the other parts or section of this Act.

SEC. 34. Effectivity.- This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation

Approved,