Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Sixteenth Congress
First Regular Session

HOUSE BILLNo.__4568

Introduced by the Honorable ANN K. HOFER

EXPLANATORY NOTE

This bill seeks the amendment of Republic Act No. 7586 or the National Integrated
Protected Areas System (NIPAS) Act of 1992. Legislated mainly for purposes of
biodiversity conservation, the NIPAS Act has become an important law in the
establishment, protection, and management of protected areas in the country. With the
Philippines as one of only 17 countries in the world to be recognized as a megadiversity
country, it is imperative that Act should be amended to better address the present

situation of our biological riches.

These protected areas are comprised of national parks, game refuge and wildlife
sanctuaries, nature reserves, wilderness areas, mangrove reserves, watershed
reservations, fish sanctuaries, protected landscapes and seascapes, to name a few. Not
only do they contain essential habitats for diverse flora and fauna, they also serve as
bastions of biodiversity that hold a cornucopia of species, most of which are endemic to
the Philippines, thereby deserving protection as part of the national patrimony. Some
protected areas, like mangrove reserves and watershed reservations, serve as vital
natural barriers against the destructive effects of natural calamities such as typhoons
and heavy rains by serving as buffers against tidal waves, flooding, landslides, and the
like. Other protected areas such as national parks, game refuge, and wildlife and fish
sanctuaries, may serve as environmental showcases for present and future generations,

while also being a source of pride and income for the local community.

Of the 202 protected areas established as initial components of the NIPAS, 112 have
been formally brought under the System by Presidential Proclamation. However, of


these, only 13 protected areas (Tubbataha Coral Reef, Mt. Apo, Mt. Banahaw, etc.) have
been officially declared by law as part of the NIPAS, This has caused an administrative
rift among the existing protected areas in the country, with the aforementioned 13
protected areas enjoying a higher level of recognition and more effective protection and

management by virtue of their respective enacted laws.

‘The implementation of the law for more than 20 years has likewise revealed provisional
gaps that hinder the proper execution of the NIPAS Act as envisioned in its policy
declaration. Some of these gaps also caused the non-uniform administration of these
protected areas, except for those already enacted into law. Because of this, numerous
protected areas have been degraded through a combination of unforeseen destructive
acts, and comparatively lenient penalties in light of the importance of these natural
national treasures, As such, the deterrent function of the law has been compromised, as
a result of destructive acts that escape punishment because they are not expressly

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penalized in the present law. With the nation experiencing the destructive effec
climate change, the NIPAS Act should be augmented to realize the potential of our
environmental wealth as effective natural defenders and mitigators against these

calamities.

itis in this regard that amendments to the NIPAS Act are sought.

Particularly, this bill aims to: (1) strengthen the deterrent aspect of the law through the

addition of prohibited acts and imposition of stiffer penalties; (2) introduce specific

provisions to encourage uniform administration and management of protected areas
(3) improve the enforcement of NIPAS through the addition of provisions on fund use
and personnel; and (4) modernize the law pursuant to the development of

environmental jurisprudence.

For these reasons, the approval of this Bill is earnestly sought.

ANN K. HOFER
24 District, Province of Zamboanga Sibugay



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Sixteenth Congress
First Regular Session

HOUSE BILLNO._ 4568

Introduced by the Honorable ANN K. HOFER

AN ACT AMENDING REPUBLIC ACT NO. 7586, ADDING ADMINISTRATIVE
MEASURES FOR IMPROVED MANAGEMENT AND PROTECTION OF THE
NIPAS, PROVIDING ADDITIONAL PROHIBITED ACTS THEREFOR,
INCREASING THEIR PENALTIES, AND FOR OTHER PURPOSES.

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

Congress assembled:

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TION 1. There is hereby inserted Section 2-A to read as follows:

“SEC, 2-A. CONSTRUCTION - THE PROVISIONS OF THIS ACT SHALL BE
LIBERALLY CONSTRUED IN FAVOR OF THE PROTECTION AND
CONSERVATION OF PROTECTED AREAS AS DEFINED IN THIS ACT, AND
SHALL BE CONSISTENT WITH THE PRINCIPLES OF BIOLOGICAL
DIVERSITY AND SUSTAINABLE DEVELOPMENT.”

SEC. 2. There is hereby inserted Section 9-A to read as follows:

“SEC. 9-A. MANAGEMENT PLANS SHALL BE MODIFIED AND UPDATED
REGULARLY AND ACCORDINGLY ‘THROUGH REFERENCE FROM
CONDUCTED STUDIES AND SIMILAR RESOURCES SUCH AS, AMONG
OTHERS, THE NATIONAL BIODIVERSITY STRATEGY AND ACTION PLAN,
AND THE PHILIPPINE BIODIVERSITY CONSERVATION PRIORITY-
SETTING PROCESS, AND THE IN-DEPTH REVIEW OF NIPAS AND
RELATED STATUTES ON THE ESTABLISHMENT AND MANAGEMENT OF


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PROTECTED AREAS IN THE PHILIPPINES, AND SHALL BE DISTRIBUTED
TO OTHER GOVERNMENT AGENCIES, LOCAL GOVERNMENT UNITS, AND
INDIGENOUS AND/OR LOCAL COMMUNITIES, WITH THE GOAL OF
PROPER COORDINATION AND UNIFORM MANAGEMENT = OF
PROTECTED AREAS.

SEC. 3. There is hereby inserted Section 10-A to read as follows:

“SEC. 10-A. PROTECTED AREA MANAGEMENT OFFICE - A PROTECTED
AREA MANAGEMENT OFFICE (PAMO), TO BE HEADED BY A PROTECTED
AREA SUPERINTENDENT (PASu), SHALL BE ESTABLISHED IN EACH
PROTECTED AREA. THE PASu SHALL SERVE AS THE CHIEF OPERATING
OFFICER WHO SHALL HAVE FULL RESPONSIBILITY FOR THE
PROTECTION OF THE PROTECTED AREA AND ITS RESOURCES, THE
PROTECTED AREA MANAGEMENT OFFICE SHALL HAVE A COMPLEMENT
STAFF, SUPPORTED BY FIELD OFFICERS, IN THE PERFORMANCE OF
DUTIES AND RESPONSIBILITES IN THE ADMINISTRATION AND
COORDINATION FOR THE PROTECTION OF THEIR PROTECTED AREA OF
RESPONSIBILITY.

THE AMOUNT NECESSARY FOR THE IMPLEMENTATION OF THIS
PROVISION SHALL BE CHARGED AGAINST THE APPROPRIATIONS OF
THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES IN
THE CURRENT GENERAL APPROPRIATIONS ACT. THEREFORE, SUCH
SUMS AS MAY BE NECESSARY TO FULLY IMPLEMENT THE PROVISIONS
OF THIS ACT SHALL BE INCLUDED IN THE ANNUAL GENERAL
APPROPRIATIONS ACT.”

SEC. 4. Section 18 of the law is hereby amended to read as follows:

“Sec. 18. Field Officers. ~ All officials, technical personnel and forest
guards employed in the integrated protected area service or all persons
deputized by the DENR, upon recommendation of the Management Board
shall be considered as field officers and shall have the authority to


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investigate and search premises and buildings and make arrests in
accordance with the rules on criminal procedure for the violation of laws

s, Persons arrested shall be

and regulations relating to the protected are:

brought to the nearest police precinct for investigation.

Nothing herein mentioned shall be construed as preventing regular law
enforcers and police officers from arresting any person in the act of

violating said laws and regulations.

FIELD OFFICERS SHALL BE ENTITLED TO REASONABLE DAILY LIVING
AND TRANSPORTATION ALLOWANCES, PER DIEMS, HAZARD PAY,
HEALTH CARE AND MEDICAL ASSISTANCE, FREE LEGAL ASSISTANCE IN
CASE OF HARASSMENT SUITS AND IN THE PROSECUTION OF NIPAS
CASES, HONORARIA, AND INSURANCE COVERAGE, FINANCIAL
ASSISTANCE, WHERE APPROPRIATE, ALL TO BE FUNDED FROM THE
INTEGRATED PROTECTED AREAS FUND (IPAF), AND/OR REGULAR
APPROPRIATIONS OF THE AGENCY, SUBJECT TO AVAILABILITY OF
FUNDS AND THE USUAL ACCOUNTING AND AUDITING RULES AND

REGULATIONS,”

5. Section 19 of the law is hereby amended to read as follows:
“SEC. 19. (a) SPECIAL PROSECUTORS AND COUNSELS, - THE
DEPARTMENT OF JUSTICE (DOJ), UPON RECOMMENDATION OF THE
DENR, SHALL DESIGNATE SPECIAL PROSECUTORS FROM AMONG THE
STATE AND PUBLIC PROSECUTORS TO DO PRELIMINARY
INVESTIGATION AND PROSECUTE VIOLATIONS OF THIS ACT.

THE DENR 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 DEFEND THE MEMBERS OF THE PAMB, THE
PASu AND THE PAMO STAFF, OR ANY PERSON ASSISTING IN THE


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PROTECTION, CONSERVATION, AND SUSTAINABLE DEVELOPMENT OF
‘THE PROTECTED AREA, AGAINST ANY LEGAL ACTION RELATED TO THE
PERFORMANCE OF THEIR POWERS, DUTIES, FUNCTIONS, AND
RESPONSIBILITIES AS PROVIDED IN THIS ACT OR AS DELEGATED OR
‘TASKED BY THE DENR SECRETARY.

(b) ENFORCEMENT OF THIS ACT, - THE ARMED FORCES OF THE
PHILIPPINES, THE PHILIPPINE NATIONAL POLICE, THE PHILIPPINE
COAST GUARD, THE FIELD AND ENFORCEMENT OFFICERS OF THE
DENR, LOCAL GOVERNMENT UNIT (LGU) OFFICIALS, LAW
ENFORCEMENT OFFICERS OF LGUs, MEM
PAMB, THE PASu AND HIS/HER STAFF, AND OTHER DEPUTIZED
ENVIRONMENT AND NATURAL RE! cI
AUTHORIZED AND SHALL COOPERATE IN TE
ACT, OTHER LAWS, RULES AND REGULATIONS WITHIN THE NIPAS,

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
NIPAS.”

6. Section 20 of the law is hereby amended to read as follows:

“SEC. 20. PROHIBITED ACTS AND PENALTIES. - ANY PERSON WHO
SHALL INDUCE ANOTHER OR CONSPIRE TO COMMIT ANY OF THE
FOLLOWING ILLEGAL ACTS, OR SUFFER THEIR WORKERS TO COMMIT
ANY OF THE SAME, SHALL BE LIABLE IN THE SAME MANNER AS THE
ONE ACTUALLY PERFORMING THE ACT.

EXCEPT AS MAY BE ALLOWED BY THE NATURE OF THEIR CATEGORIES
AND PURSUANT TO RULES AND REGULATIONS GOVERNING THE SAME,
THE FOLLOWING ARE THE PROHIBITED ACTS WITHIN THE


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BOUNDARIES OF PROTECTED AREAS, AND THEIR RESPECTIVE
PENALTIES

(a) THE PENALTIES PRESCRIBED FOR THEFT AND QUALIFIED
‘THEFT IN THE REVISED PENAL CODE, APPLYING THE VALUE OF THE
RESOURCES INVOLVED IN CONNECTION WITH THE PROHIBITED ACT AS
ASSESSED BY EXPERTS FROM THE DENR USING CURRENT VALUATION
STANDARDS AND THE COST OF RESTORATION, AND/OR A FINE OF AT
LEAST THE EQUIVALENT OF THE VALUE OF SAID RESOURCES, SHALL BE
IMPOSED UPON ANY PERSON WHO:

TAKES, DESTROYS, REMOV!
COLLECTS, DISTURBS, OR POS: ES ANY WILD TERRESTRIAL OR
AQUATIC PLANTS OR ANIMALS, ENDANGERED OR PROTECTED SPECIES,
FLORA OR FAUNA, SAND, ROCKS, OR BY-PRODUCTS DERIVED
THEREFROM;

(i) HUNTS, POACH

(ii) CUTS, GATHERS, REMOVES, OR COLLECTS TIMBER OR ANY
FOREST PRODUCTS, INCLUDING ENGAGEMENT IN KAINGIN, OR
CAUSING FOREST OR BRUSH FI

(iii) POSSESSES OR TRANSPORTS, WITHIN OR OUTSIDE THE
PROTECTED AREA, ANY TIMBER, FOREST PRODUCTS, WILD
TERRESTRIAL OR AQUATIC PLANTS, ANIMALS, OR BY-PRODUCTS
DERIVED THEREFROM;

(iv) UNDERTAKES, MINERAL EXPLORATION, MINERAL
EXTRACTION, OR QUARRYING OF SAND, GRAVEL, GUANO, LIMESTONE
OR ANY MATERIAL;

(v) MUTILATES, DEFACES, OR DESTROYS OBJECTS OF
NATURAL BEAUTY, OR OBJECTS OF INTEREST TO CULTURAL


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COMMUNITIES (OF SCENIC VALUE);

{vi) CONDUCTS BIOPROSPECTING, AS DEFINED UNDER
REPUBLIC ACT NO. 9147 OR THE WILDLIFE ACT; AND

(vii) ESTABLISHES OR INTRODUCES ANY EXOTIC SPECIES
WHICH ARE DETRIMENTAL TO ENDEMIC SPECIES AND THE ECOSYSTEM
THEREIN.

(b) IMPRISONMENT FROM SIX (6) YEARS AND ONE (1) DAY BUT
NOT MORE THAN TWELVE (12) YEARS AND/OR A FINE OF NOT Ss
THAN ONE HUNDRED THOUSAND PESOS (P 100,000) BUT NOT MORE
THAN ONE MILLION PESOS (P 1,000,000), SHALL BE IMPOSED UPON
ANY PERSON WHO;

(i) OCCUPIES AND/OR POSSESSES AN AREA OR AREAS
WITHIN THE PROTECTED AREA FOR COMMERCIAL, BUSINESS, OR
OTHER PURPOSES EXCEPT RESIDENTIAL;

(ii) CONSTRUCTS OR MAINTAINS ANY KIND OF BUILDING,
SHED, FENCE, ENCLOSURE, OR ANY KIND OF STRUCTURE, WHETHER
‘TEMPORARY OR PERMANENT, FOR COMMERCIAL, BUSINESS, OR OTHER
PURPOSES EXCEPT RESIDENTIAL;

(iii) CONDUCTS OR MAINTAINS ANY BUSINESS ENTERPRISE
WITHOUT THE PROPER PERMITS;

(iv) CONDUCTS TREASURE-HUNTING AND PROSPECTING
ACTIVITIES;

(v) DUMPS OR LEAVES IN EXPOSED UNSANITARY
CONDITIONS REFUSE OR DEBRIS, OR DEPOSITS IN GROUND OR BODIES


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OF WATER, PRODUCTS DETRIMENTAL TO THE SAME, OR TO ANY WILD
‘TERRESTRIAL OR AQUATIC PLANTS OR ANIMALS, ENDANGERED OR
PROTECTED SPECIES, FLORA OR FAUNA, OR OTHER INHABITANTS
THEREIN, INCLUDING INDIGENOUS PEOPLE AND TENURED MIGRANTS;

(vi) USES ANY MOTORIZED EQUIPMENT, VEHICLE, OR VESSEL,
WITHOUT THE PROPER PERMITS, INCLUDING THE DAMAGING OR
INJURING OF ANY AREA, OR ANY WILD TERRESTRIAL OR AQUATIC
PLANTS OR ANIMALS, ENDANGERED OR PROTECTED SPECIES, FLORA
OR FAUNA, OR OTHER INHABITANTS THEREIN, INCLUDING
INDIGENOUS PEOPLE AND TENURED MIGRANTS AS A RESULT OF SUCH
USE;

(vii) SELLS, BUYS, OR LEASES, AN AREA, AREAS, OR RIGHTS
FOR AREAS WITHIN THE BOUNDARIES OF THE PROTECTED AREA,
INCLUDING THE CONDUCT OF LAND SURVEYS FOR PURPOSES OTHER
THAN BOUNDARY DELINEATION OF THE PROTECTED AREA, AND/OR
‘THE ISSUANCE OF SURVEY PLANS OR LAND TITLES/RIGHTS PURSUANT
THERETO;

(viii) DAMAGES AND/OR LEAVES ROADS AND TRAILS IN A
DAMAGED CONDITION;

(ix) INJURES, COERCES, THREATENS, OR HARASSES THE
MEMBERS OF THE PAMB, THE PASu AND THE PAMO STAFF, FIELD
OFFICERS, OR ANY PERSON ASSISTING IN THE PROTECTION,
CONSERVATION, AND SUSTAINABLE DEVELOPMENT OF THE
PROTECTED AREA, AS A RESULT OF OR IN RELATION TO THE
PERFORMANCE OF THEIR DUTIES AND RESPONSIBILITIES, INCLUDING
‘THE OBSTRUCTION IN ANY MANNER OF SUCH PERFORMANCE; AND

(x) ANY OTHER ACT OR OMISSION RESULTING TO THE


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DAMAGE, INJURY, AND/OR DEGRADATION OF THE PROTECTED AREA,
ANY WILD TERRESTRIAL OR AQUATIC PLANTS OR ANIMALS,
ENDANGERED OR PROTECTED SPECIES, FLORA OR FAUNA, OR OTHER
INHABITANTS THEREIN, INCLUDING INDIGENOUS PEOPLE AND
TENURED MIGRANTS.

(c) IMPRISONMENT FROM SIX (6) MONTHS AND ONE (1) DAY BUT
NOT MORE THAN SIX (6) YEARS AND/OR A FINE OF NOT LESS THAN
FIFTY THOUSAND PESOS (P 50,000) BUT NOT MORE THAN FIVE
HUNDRED THOUSAND PESOS (P 500,000), SHALL BE IMPOSED UPON
ANY PERSON WHO:

(i) OCCUPIES AND/OR POSSESSES AREAS WITHIN THE
PROTECTED AREA FOR RESIDENTIAL PURPOS!

(ii) CONSTRUCTS OR MAINTAINS ANY KIND OF BUILDING,
SHED, FENCE, ENCLOSURE, OR ANY KIND OF STRUCTURE, WHETHER
TEMPORARY OR PERMANENT, FOR RESIDENTIAL PURPOSES;

(iii) OFFERS FOR SALE, OFFERS TO BUY, OR OFFERS TO LEASE
AN AREA, AREAS, OR RIGHTS FOR AREAS WITHIN THE PROTECTED
AREA; AND

(iv) ALTERS, REMOVES, DESTROYS, OR DEFACES BOUNDARY
MARKS OR SIGNS,

PROSECUTION FOR VIOLATION OF THIS ACT SHALL BE WITHOUT
PREJUDICE TO THE PROSECUTION OF THE OFFENDER FOR VIOLATION
OF OTHER LAWS, RULES AND REGULATIONS.”

7. Section 21 of the law is hereby amended to read as follows:

“SEC. 21. COMMON PENAL PROVISIONS. - IN ADDITION TO THE


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PENALTIES PRESCRIBED FOR THE PROHIBITED ACTS IN THE PREVIOUS
SECTION, THE FOLLOWING ARE LIKEWISE IMPOSED FOR ANY
VIOLATION OF THIS ACT:

(a) PAYMENT OF A FINE EQUIVALENT TO THE COST OF THE AREA
OR THING DAMAGED, INJURED, OR DEGRADED, AS DETERMINED AFTER
ASSESSMENT BY EXPERTS FROM THE DENR USING CURRENT
VALUATION STANDARDS AND COST OF RESTORATION;

(b) RESTORATION, REHABILITATION, OR COMPENSATION FOR THE
RESTORATION OR REHABILITATION OF THE AREA, AS NECESSARY;

(c) EVICTION OF THE OFFENDER FROM THE PROTECTED AREA,
AND FORFEITURE IN FAVOR OF THE GOVERNMENT OF ALL WILD
TERRESTRIAL OR AQUATIC PLANTS OR ANIMALS, ENDANGERED OR
PROTECTED SPECIES, FLORA OR FAUNA, SAND, ROCKS, GRAVEL, GUANO,
LIMESTONE OR ANY MATERIAL, OR BY-PRODUCTS THEREFROM,
INCLUDING ANY MOTORIZED EQUIPMENT, VEHICLE, VESSEL, BUILDING,
FIREARM, OR ANY OTHER EQUIPMENT, DEVICE, OR CONSTRUCTION
USED IN CONNECTION WITH THE VIOLATION OF THIS ACT. SUCH
FORFEITED OBJECTS SHALL ACCRUE TO THE USE OF THE DENR IN THE
PROTECTION AND CONSERVATION OF THE NIPAS WHERE APPLICABLE;

(d) IN CASE AN OFFENDER HAS DERIVED INCOME OR PROFIT AS A
RESULT OF THE PROHIBITED ACT/S, A FINE EQUIVALENT TO THE
ACTUAL REALIZED PROFIT OR PRESUMPTIVE INCOME, WHICHEVER IS
HIGHER, SHALL ALSO BE IMPOSED. SUCH PROFIT OR INCOME SHALL BE
COMPUTED FROM THE TIME THE PROHIBITED ACT/S COMMENCED UP
TO THE TIME THAT IT HAS CEASED.

(e) IF THE OFFENDER IS AN ASSOCIATION OR CORPORATION,
PAYMENT OF FINES SHALL BE IN AN AMOUNT TWICE THAT AS


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PRESCRIBED IN THIS ACT, AND THE DIRECTORS AND OFFICERS SHALL
SUFFER THE IMPRISONMENT;

(f) IF THE OFFENDER IS A FOREIGN NATIONAL, THEY SHALL BE
DEPORTED AFTER SERVICE OF SENTENCE AND PAYMENT OF FINES
WHICH SHALL BE IN AN AMOUNT THRICE THAT AS PRESCRIBED IN
THIS ACT. A HOLD DEPARTURE ORDER SHALL BE ISSUED AS A
CONDITION FOR THE GRANT OF BAIL TO ANY FOREIGN OFFENDER, AND
ALL PASSPORTS AND DOCUMENTS WHICH MAY BE USED BY THE
ACCUSED TO FLEE THE COUNTRY MUST BE SURRENDERED TO THE
COURT; AND

(g) IF THE OFFENDER IS A GOVERNMENT OFFICIAL OR EMPLOYEE,
THE PENALTY OF PERPETUAL DISQUALIFICATION FROM PUBLIC
OFFICE SHALL ALSO BE IMPOSED.

THE FINES HEREIN PRESCRIBED SHALL BE INCREASED BY AT LEAST
TEN PERCENT (10%) EVERY THREE (3) YEARS TO COMPENS:
INFLATION AND TO MAINTAIN THE DETERRENT FUNCTION OF SUCH
FINES.

ALL PAYMENT OF FINES, COSTS, AND DAMAGES, EXCEPT THOSE
DAMAGES THAT ARE PERSONAL IN NATURE, SHALL ACCRUE FULLY TO
THE INTEGRATED PROTECTED AREAS FUND (IPAF), FORMING PART OF
ITS FUNDS AND ASSETS.

SEC. 8. A new Section 22 is hereby inserted to read as follows:

“SEC, 22. CITIZEN’S 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
COURT/BODIES AGAINST:


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(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 INCONSISTENT WITH THIS ACT; AND/OR

(c) ANY PUBLIC OFFICER WHO WILFULLY 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 MANNER IMPROPERLY PERFORMS HIS DUTIES UNDER THIS ACT
OR ITS IMPLEMENTING RULES AND REGULATIONS: PROVIDED,
HOWEVER, THAT, NO SUIT CAN BE FILED UNTIL AFTER A THIRTY (30)-
DAY 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, UPON PRIMA FACIE SHOWING OF
THE NON-ENFORCEMENT OR VIOLATIONS COMPLAINED OF AND
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.”

SEC. 9. A new section 23 is hereby inserted to read as follows:

“SEC. 23. SUITS AND STRATEGIC LEGAL ACTION AGAINST PUBLIC
PARTICIPATION (SLAPP) AND THE ENFORCEMENT OF THIS ACT. -
WHERE A SUIT IS BROUGHT AGAINST A PERSON WHO FILED AN ACTION


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AS PROVIDED IN SECTION 22 OF THIS ACT, OR AGAINST ANY PERSON,
INSTITUTION, OR GOVERNMENT AGENCY THAT IMPLEMENTS THIS ACT,
IT SHALL BE THE DUTY OF THE INVESTIGATING PROSECUTOR OR THE
CouRT, AS THE CASE MAY BE, TO IMMEDIATELY MAKE A
DETERMINATION NOT EXCEEDING THIRTY (30) DAYS WHETHER SAID
LEGAL ACTION HAS BEEN FILED TO HARASS, VEX, EXERT UNDUE
PRESSURE OR STIFLE SUCH LEGAL RECOURSES OF THE PERSON
COMPLAINING OF OR ENFORCING THE 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 'S AND DOUBLE THE AMOUNT OF
DAMAGES.

THE PROVISION SHALL ALSO APPLY AND BENEFIT PUBLIC OFFICERS
WHO ARE SUED FOR ACTS COMMITTED IN THEIR OFFICIAL CAPACITY,
THE BEING NO GRAVE ABUSE OF AUTHORITY, AND DONE IN THE
COURSE OF ENFORCING THIS ACT.”

SEC. 9. Sections 22 to 24 of the previous NIPAS Act are hereby renumbered

as Sections 24, 25, and 26 respectively.

SEC. 10. Separability Clause. - If any portion or provision of this Act is
declared void and unconstitutional, the remaining portions or provisions hereof

shall not be affected by such declaration.

SEC. 11. Repealing Clause. - All laws, decrees, orders, rules and regulations,
other issuances, or parts thereof inconsistent with the provisions of this Act are

hereby repealed or modified accordingly.

SEC. 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after

its complete publication in at least two (2) national newspapers of general


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circulation.

Approved,

HE

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