Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Constitution Hills, Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _____ 
_____________________________________________________________________
_ 
Introduced by REPRESENTATIVE EDWARD S. HAGEDORN 
_____________________________________________________________________
_ 
EXPLANATORY NOTE 
The 1987 Constitution provides that “The State shall protect the nation’s marine 
wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and 
reserve its use and enjoyment exclusively to Filipino citizens.” Likewise, the 
Constitution also 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. 
These provisions make it clear that it is the responsibility of the State to craft laws that 
will conserve and protect the country's natural habitat, biodiversity and flow of the 
ecosystem of natural resources and marine environment. 
Additionally, the Constitution mandates that the Congress shall determine, by 
law, the specific limits of national parks, marking their boundaries on the ground and 
that such national parks shall be conserved and may not be increased nor diminished, 
except by law.  
The West Philippine Sea (WPS) is part of the Philippines’ Exclusive Economic 
Zone (EEZ) located within the bounds of the South China Sea. Panatag (Scarborough) 
Shoal, Kalayaan Island Group, and parts of Spratly Islands are found within the WPS. 
Republic Act No. 9522, or "An Act to Define the Baselines of the Territorial Sea of the 
Philippines", as amended by Section 1 of Republic Act No. 5446, specifically states, 
that: 
“Sec. 2. The baseline in the following areas over which the Philippines 
likewise exercises sovereignty and jurisdiction shall be determined as 
"Regime of Islands" under the Republic of the Philippines consistent with 
Article 121 of the United Nations Convention on the Law of the Sea 
(UNCLOS): 
November 24, 2022
3:35 pm
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a) The Kalayaan Island Group as constituted under Presidential Decree
No. 1596; and
b) Bajo de Masinloc, also known as Scarborough Shoal.”
As early as 2002, several ASEAN countries signed the Declaration on the 
Conduct of Parties in the South China Sea (DOC) to “promote a peaceful, friendly and 
harmonious environment in the South China Sea for the enhancement of stability, 
economic growth and prosperity in the region.” It provided for various ways on how to 
amicably enforce the provisions of the UNCLOS and other treaties involving the South 
China Sea, as well as to move for amicable settlement with regard to jurisdictional 
disputes. 
One such provision of the UNCLOS is Article 123, which requires coastal states 
in semi-enclosed seas to “cooperate with each other in the exercise of their rights and 
in the performance of their duties under this Convention... with respect to the protection 
and preservation of the marine environment.” 
In 2017, various environmentalists filed a petition before the International 
Union for the Conservation of Nature (IUCN) World Conservation Congress to declare 
the WPS as a Marine Peace Park. This move is seen as a step forward in protecting the 
bio-diverse marine resources in the area. The Center for Environmental Legal Studies 
in New York led the filing of the petition, together with the Ecological Society of the 
Philippines, the Sierra Club and similar organizations from Australia, Bangladesh, 
Lebanon and Pakistan, among others. 
According to de Groot et. al. (2012), coral reefs are the single most valuable 
ecosystem. A hectare, or about 2.5 acres, of reef can produce a potential value of 
approximately US $350,000 a year. The coral reefs in the Spratlys, which serve as the 
breeding ground of fish in the South China Sea, comprise 34 percent of the world’s 
total coral reefs, despite the South China Sea occupying only 2.5 percent of world’s 
total ocean and sea surface. As such, the South China Sea is one of the richest marine 
areas in the world which is the home to diverse marine ecosystems with over 3,000 
species of fish and 600 species of coral reef. 
However, the activities and undertakings–borne out of territorial disputes 
among several Asian nations, including the Philippines–being done in the area have led 
to significant environmental degradation in the WPS. Said activities include 
overfishing; poaching; and large-scale ocean filling or reclamation, among others. 
The Arbitral Tribunal found that the coral reef ecosystem of several reefs 
suffered “severe and irreparable harm” and were “permanently destroyed” due to land 
reclamation and construction of artificial islands, installations, and structures in the 
area. Among the affected reefs include Mischief Reef (Panganiban Reef), Cuarteron 
Reef (Calderon Reef), Fiery Cross Reef (Kagitingan Reef), Gaven Reef (North) 


 
(Burgos Reef), Johnson Reef (Mabini Reef), Hughes Reef, and Subi Reef (Zamora 
Reef).5 This is the first time that an international tribunal applied the United Nations 
Convention on the Law of the Sea (UNCLOS) provision on the protection and 
preservation of the marine environment. 
The record shows that from 2014 to 2016, China deployed dozens of dredgers 
in the Spratlys. The rotating cutters of these dredgers pulverize the coral reef and the 
hard sediment on the seabed. The pulverized materials are sucked through a nozzle and 
siphoned through a pipe into the ship. Then, they are pushed by pressure through a 
floating pipe and deposited on the rim of the reef (Watkins, 2016). This kills all the 
coral reefs in the atoll. It could take as long as 30 million years for the reefs of an atoll 
to form.  Marine biologist Dr. John McManus, who studied marine life in the Spratlys, 
called China’s reclamation projects in the WPS as the “most rapid permanent loss of 
coral reefs in human history.” (Larson, 2015)  
The fish consumption of certain countries surrounding the South China Sea has 
also increased over the past seven years. From 2010 to 2017, the fish and seafood 
consumption per capita in the South China Sea grew from 32.16 kg to 38.17 kg in 
China, 33.90 kg to 37.66 kg in Vietnam, 27.22 kg to 44.67 kg in Indonesia. The 
overfishing, both legal or illegal as well as unregulated fishing, also contributed to the 
depletion of the marine ecosystem in the South China Sea.  
In 2018, a study6 recorded approximately two million fishing fleets operating in 
the South China Sea, both motorized and non-motorized. In the same year, 
approximately 27 million fishes were captured both inland and marine. These statistics 
are far from the numbers today, where marine equipment and technology are well 
researched and developed. The further constructions and on-going fishing within the 
area will greatly affect and compromise the capacity of the reefs to sustain and replenish 
local fisheries. 
Dr. McManus has warned that if the areas discussed remain unprotected, “we 
are headed toward a major, major fisheries collapse in a part of the world where [that] 
will lead to mass starvation.” 
Republic Act No. 11038 or the “Expanded National Integrated Protected Areas 
System Act of 2018,” as amended by Section 6 of Republic Act No. 7586, provides 
that: 
“Sec. 5. Additional Areas to be Included into the System. - Upon the 
recommendation of the DENR, additional areas with unique physical 
features, anthropological significance and high biological diversity may be 
proposed for inclusion as part of the System. x x x” 
         As discussed above, the South China Sea, where the WPS is located, has high 
biological diversity and is unfortunately suffering significant environmental 


degradation due to overfishing, poaching, and land-filling or reclamation. For this 
reason the establishment of a Marine Protected Area around the KIG and the 
Scarborough Shoal is needed to achieve the objective of environmental protection. 
According to local marine experts of the University of the Philippines - Marine 
Science Institute, the bigger the Marine Protected Area (MPA), the more effective the 
protection of the marine ecosystem. Local studies have further shown that an MPA of 
at least ten (10) square kilometers is preferable. 10 sq/km is equivalent to roughly three 
(3) square nautical miles or roughly three (3) kilometer radius which should be declared
as strict protected area but shall be subjected to the ruling of the Arbitral Tribunal.
According to the said ruling, the right to engage in traditional fishing in the Scarborough
Shoal is given regardless of who ultimately has sovereignty over the same. As such, it
is proposed that the three (3) nautical miles radius surrounding the KIG and the
Scarborough Shoal be declared as a Marine Protected Area with strict regulations as to
activities therewith consistent with the Expanded National Integrated Protected Areas
System Act of 2018. The said proposal shall likewise be subject and consistent to the
ruling of the Arbitral Tribunal that allowed traditional fishing around the Scarborough
Shoal.
It is for this reason that this Bill aims to help Filipinos fulfill the Constitutionally 
mandated role to conserve and protect the country’s environment, and preserve the 
mentioned coral reefs and atolls, by declaring all low-tide elevations and high-tide 
features, and an area of three (3) nautical miles around the KIG and the Scarborough 
Shoal as a Marine Protected Area consistent with the Expanded National Integrated 
Protected Areas System Act of 2018 and the ruling of the Arbitral Tribunal. In order to 
attain the objectives of this Bill, the creation of a PAMB and PAMO covering the 
Kalayaan Island Group and Scarborough Shoal pursuant to R.A. No. 7586, as amended, 
are necessary. 
In view of the foregoing, approval of this bill is highly and earnestly sought. 
EDWARD S. HAGEDORN 
Representative 
Third District, Province of Palawan 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _____ 
______________________________________________________________________ 
Introduced by REPRESENTATIVE EDWARD S. HAGEDORN 
______________________________________________________________________ 
AN ACT DECLARING THE THREE (3) NAUTICAL MILES 
SURROUNDING 
THE 
KALAYAAN 
ISLAND 
GROUP 
AND 
SCARBOROUGH SHOAL IN THE WEST PHILIPPINE SEA AS 
MARINE PROTECTED AREA UNDER REPUBLIC ACT NO. 7586 OR 
THE NATIONAL INTEGRATED PROTECTED AREAS SYSTEM ACT 
OF 1992, AS AMENDED BY REPUBLIC ACT NO. 11038, OR THE 
EXPANDED 
NATIONAL 
INTEGRATED 
PROTECTED 
AREAS 
SYSTEM ACT OF 2018 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress 
Section 1. Short Title.  - This act shall be known as the “KIG and Scarborough Shoal Marine 
1 
Protected Area Act of 2022” 
2 
Section 2. Declaration of Policy – Article II, Section 16 of the 1987 Constitution declares that 
3 
the State shall protect and advance the right of the people to a balanced and healthful ecology 
4 
in accord with the rhythm and harmony of nature.
5 
Likewise, Republic Act No. 7586 or the National Integrated Protected Areas System Act of 
6 
1992 (NIPAS), as amended by Republic Act No. 11038, or the Expanded National Integrated 
7 
Protected Areas System Act of 2018 (E-NIPAS), mandates the State to secure for the Filipino 
8 
people of present for future generations, the perpetual existence of all native plants and animals 
9 
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through the establishment of a comprehensive system of integrated protected areas within the 
10 
classification of national park as provided for in the Constitution. 
11 
Scientific studies1 established that coral reefs in the Spratlys comprise 34 percent of the world’s 
12 
total coral reefs. These serve as the breeding ground of fish in the South China Sea despite 
13 
occupying only 2.5 percent of the world’s total ocean and sea surface making the South China 
14 
Sea as one of the richest marine areas in the world, which is home to diverse marine ecosystems 
15 
with over 3,000 species of fish and 600 species of coral reef. It is hereby declared the policy of 
16 
the State to protect the ecology of the areas surrounding the Kalayaan Island Group (KIG) and 
17 
the Scarborogh Shoal. 
18 
Consistent with Article II, Section 2 of the 1987 Constitution to adopt the generally accepted 
19 
principles of international law as part of the law of the land and to adhere to the policy of peace, 
20 
equality, justice, freedom, cooperation and amity with all nations as key in attaining the 
21 
protection, conservation, preservation, and promotion of the biodiversity, ecosystem, and all 
22 
other natural resources, we adhere to Article 123 of the United Nations Convention on the Law 
23 
of the Seas (UNCLOS), which requires the Philippines and other coastal states in semi-
24 
enclosed seas like the South China Sea to cooperate with each other in the exercise of their 
25 
rights and in the performance of their duties under the said Convention with respect to the 
26 
protection and preservation of the marine environment. 
27 
Section 3. Definition of Terms – For purposes of this Act, the following terms shall be defined 
28 
as follows: 
29 
a. Arbitral Tribunal Ruling – refers to the July 12, 2016 ruling rendered 
30 
by the arbitral tribunal of the Permanent Court of Arbitration in The Hague 
31 
adjudicating the Philippines’ case against China in the West Philippine 
32 
Sea in accordance with the 1982 UNCLOS; 
33 
 
34 
b. Atolls – refers to a reef with or without an island situated on it surrounded 
35 
by the open sea, that encloses or nearly encloses a lagoon; 
36 
 
37 
 
1 Rudolf de Groot, et al., Global Estimates of the Value of Ecosystems and Their Services in Monetary Units, 1 Ecosystem 
Services 50 (2012), http://www. sciencedirect.com/science/article/pii/S2212041612000101. 


c. Buffer Zones - refers to identified areas outside the boundaries of and 
38 
immediately adjacent to designated protected areas that need special 
39 
development control in order to avoid or minimize harm to the protected 
40 
area; 
41 
 
42 
d. Kalayaan Island Group – refers to the group of islands and islets located 
43 
in the West Philippine Sea including the seabed, sub-soil, continental 
44 
margin and airspace, declared to be subject to the sovereignty of the 
45 
Philippines under Presidential Decree No. 1596, and was likewise 
46 
declared as part of the Regime of Islands by Republic Act No. 9522, or 
47 
An Act to Define the Baselines of the Territorial Sea of the Philippines; 
48 
 
49 
e. Marine Protected Area - refers to identified portions of water set aside 
50 
by reason of their unique physical and biological significance, managed 
51 
to enhance biological diversity and protected against destructive human 
52 
exploitation; 
53 
 
54 
f. National Park - refers to the lands of the public domain classified as such 
55 
in the Constitution which include all areas under the NIPAS pursuant to 
56 
this Act, primarily designated for the conservation of native plants and 
57 
animals, their associated habitats and cultural diversity; 
58 
 
59 
g. Protected Area - refers to identified portions of land and/or water set 
60 
aside by reason of their unique physical and biological diversity and 
61 
protected against destructive human exploitation; 
62 
 
63 
h. Reefs - refers to a mass of rock or coral which either reaches close to the 
64 
sea surface or is exposed at low tide; 
65 
 
66 
i. Scarborough Shoal -  refers to an area located in the West Philippine Sea 
67 
which was declared part of the Regime of Islands under R.A. No. 9522; 
68 
 
69 
j. Strict Protection Zones (SPZs) - refers to portions within protected areas 
70 
that are closed to human activities by virtue of their significant 
71 


biodiversity value, high susceptibility to geo-hazard, and identification as 
72 
permanently dangerous. These areas may also include habitats of 
73 
threatened species, or degraded areas that are designated for restoration 
74 
and subsequent protection, regardless of their stages of regeneration; 
75 
 
76 
k. UNCLOS – refers to the 1982 United Nations Convention on the Law of 
77 
the Seas; 
78 
 
79 
l. West Philippine Sea – refers to the maritime areas on the western side of 
80 
the Philippine archipelago within the Exclusive Economic Zones (EEZ) 
81 
over which the Philippines exercises sovereign jurisdiction including the 
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Luzon Sea as well as the waters around, within and adjacent to the 
83 
Kalayaan Island Group and Bajo De Masinloc, also known as 
84 
Scarborough Shoal.2 
85 
Section 4. Scope – The area covered by the Kalayaan Island Group and Scarborough Shoal 
86 
Marine Protected Area (KIGSS-MPA) subject of this Act shall be all the areas within three (3) 
87 
nautical miles from the baselines surrounding the KIG and Scarborough Shoal as established 
88 
by R.A. No. 9522.  
89 
Section 5. Declaration of Protected Area and Strict Protection Zone – It is hereby declared 
90 
that the area covering the KIGSS-MPA as specifically identified in the preceding section is 
91 
hereby declared as a protected area and shall enjoy the benefits and protection afforded by R.A. 
92 
No. 7586, as amended: Provided, That the Secretary of the Department of Environment and 
93 
Natural Resources (DENR Secretary), upon the recommendation of the Protected Area 
94 
Management Board (PAMB), shall designate Strict Protection Zones (SPZs) within the 
95 
KIGGS-MPA in areas with significant biodiversity values or habitats of threatened species, 
96 
based on a comprehensive biodiversity inventory and assessments: Provided, further, That any 
97 
and all international treaties or rulings, Philippine laws, rules, and regulations involving the 
98 
protection, conservation of KIGSS-MPA shall be strictly observed and implemented. 
99 
 
2 Office of the President Administrative Order No. 29, Series of 2012. 


The DENR Secretary, also upon recommendation of the PAMB, may designate areas 
100 
surrounding the KIGSS-MPA as Buffer Zones for the purpose of providing extra layer of 
101 
protection where restrictions may be applied. 
102 
Section 6. Prohibited Acts – The following are the prohibited acts within the KIGSS-MPA: 
103 
a. Using of any fishing or harvesting gear and practices or any of their 
104 
variations that destroys coral reefs, seagrass beds or other marine 
105 
life: Provided, that mere possession of such gears within the 
106 
protected areas shall be prima facie evidence of their use; 
107 
b. Dumping, throwing, using, or causing to be dumped into or placed 
108 
in the protected area of any toxic chemical, noxious or poisonous 
109 
substance or nonbiodegradable material, intreated sewage or animal 
110 
waste or productes whether in liquid, solid, or gas state, including 
111 
pesticides and other hazardous substances as defined under 
112 
Republic Act No. 6969 or the Toxic Substances and Hazardous and 
113 
Nuclear Waste Control Act of 1990 detrimental to the protected area, 
114 
or the living things inhabiting in within the protected area; 
115 
c. Littering or depositing refuse or debris within the protected area; 
116 
d. Possessing or using blasting caps or explosives anywhere within the 
117 
protected area; 
118 
e. Undertaking mineral exploration or extraction within the protected 
119 
area; 
120 
f. Establishing or introducing exotic species including genetically 
121 
modified organisms or invasive alien species within the protected 
122 
area; 
123 
g. Constructing, installing, erecting, or maintaining any kind of 
124 
structure, fence, or enclosure whether temporary or permanent, 
125 
within the protected area: Provided, that structures and projects for 
126 
biosphere development shall be allowed: Provided, further, that 
127 
such activities shall be with prior coordination with DENR through 
128 
the PAMB; 
129 


h. Any other act that will tend to or actually result in the disturbance, 
130 
killing, destruction, endangerment, devastation, or annihilation of 
131 
the natural fora and fauna found within the protected area. 
132 
Any violation of this Act shall be prosecuted pursuant to R.A. No. 7586, as amended, 
133 
any existing environmental law, rule, or regulation. 
134 
Section 7. Creation of the Kalayaan Island Group and Scarborough Shoal Protected Area 
135 
Management Board and Protected Area Management Office – The Kalayaan Island Group 
136 
and Scarborough Shoal Protected Area Management Board (KIGGS-PAMB) and the 
137 
Kalayaan Island Group and Scarborough Shoal Protected Area Management Office 
138 
(KIGSS-PAMO) are hereby created with the same composition, powers and functions as 
139 
defined in Sections 9 and 10 of RA 7586, as amended: Provided, That the Palawan Council for 
140 
Sustainable Development, which was created pursuant to Republic Act No. 7611, or the 
141 
Strategic Environmental Plan (SEP) for Palawan Act, shall be included as a member in the 
142 
KIGSS-PAMB. 
143 
Section 8. Management Plan and Engagement of Cooperation of Other Agencies - The 
144 
KIGSS-PAMB and KIGSS-PAMO shall craft a management plan for the protection of the 
145 
KIGSS-MPA within one (1) year from the effectivity of this Act, which shall be reviewed and 
146 
assessed every three (3) years for possible improvements or amendments, or whenever the need 
147 
arises. It shall include specific strategies and programs for the preservation and protection of 
148 
atolls, reefs, and corals within the KIGSS-MPA. 
149 
The KIGSS-PAMB and KIGSS-PAMO shall engage the cooperation of other Government 
150 
Agencies in the implementation of their management plan. The Department of Transportation 
151 
(DOTr), Department of Information and Communications Technology (DICT), Department of 
152 
Agriculture (DA), and Department of Interior and Local Government (DILG) shall provide 
153 
assistance in the monitoring of activities within the KIGSS-MPA, which may include, if 
154 
necessary, the installation of monitoring devices on vessels and establishment of needed 
155 
facilities within the area. 
156 
 
157 
Section 9. Kalayaan Island Group and Scarborough Shoal Marine Protected Area Joint 
158 
Oversight Committee – to oversee the effective implementation of this Act, a special 
159 


congressional oversight committee to be known as the Kalayaan Island Group and 
160 
Scarborough Shoal Marine Protected Area Joint Oversight Committee (KIGSS-MPA-
161 
JOC) composed of the members from the Committees on Natural Resources and Committee 
162 
on the West Philippine Sea from both upper and lower houses of congress is hereby created. 
163 
The KIGSS-MPA-JOC, which shall be jointly headed by the Chairpersons of the Committees 
164 
on Natural Resources from both houses, shall convene biannually, or as often as may be 
165 
necessary in order to ensure the implementation of this Act. 
166 
The KIGSS-PAMB and KIGSS-PAMO shall submit an annual report to the KIGSS-MPA-JOC 
167 
on the status of the KIGSS-MPA and implementation of this Act. 
168 
Section 10. Appropriation – An annual operating budget of at least Ten Million Pesos 
169 
(Php10,000,000.00) shall be allocated for the implementation of this Act, which shall be 
170 
sourced from the DENR Biodiversity Management Bureau (BMB) annual appropriations. The 
171 
annual operation budget for the KIGSS-MPA shall be a separate item from the annual budget 
172 
proposal of the DENR BMB.  
173 
Section 11. Repealing Clause - All laws, rules, regulations, executive orders, presidential 
174 
decrees or any other issuance contrary to or inconsistent with any of the provisions of this Act 
175 
are hereby deemed repealed or modified accordingly. 
176 
Section 12. Separability Clause - If any provision or part of this Act shall be declared 
177 
unconstitutional, the remaining provisions which are not affected shall remain in full force and 
178 
effect. 
179 
Section 13. Effectivity - This Act shall take effect fifteen (15) days after its publication in the 
180 
Official Gazette or in a newspaper of general circulation. 
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Approved. 
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