FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
j 
First Regular Session 
SENATE 
S. No. .124 
) 
J (I 
'!. 
I' "5 
Introduced by Senator S. R. Osmefia III 
EXPLANATORY NOTE 
Mangrove forests are considered one of the most productive fertile 
, 
ecosystems in the world. Mangrove forests have provided man with food, fuel, 
timber, medicine, and building materials. They also serve as natural nurseries or 
breeding places for a large number of fishes, crabs, sea creatures and other 
commercially important species. In the Philippines, with its thousands of islands 
and islets, mangrove forests also play a very important role as "shelter belts" 
against strong winds from typhoons, thereby protecting the inhabitants and 
preventing coastal erosion. 
Despite these many benefits, mangrove forests are still fast disappearing 
and became one of the most threatened habitats in the world. The original 
estimate of half a million hectares of mangrove forests has been reduced to 
112,400 hectares in 1997 due to pressure from firewood gatherers, fishpond 
developers, coral miners, blast cyanide and trawl fishermen as well as industrial 
pollution. Over time the stress of the pollutants and reduced light kill large areas 
of mangrove forests. 
The destruction of mangrove areas is one of the causes 
for the loss of breeding, feeding and nursery ground for most marine life and the 
loss of shoreline stability in the country. This is exacerbated by the lack of 
technical understanding of management especially among local government 
executives and local communities living along the coasts. 
,Considering its vulnerability and importance, it is necessary to protect 
existing mangrove forests, rehabilitate and reforest denuded areas, and establish 
new mangrove plantations since it has been found that artificially established 
mangrove forests provide the same function as a natural mangrove forest. 
This measure proposes to establish reservation areas in all coastal areas 
in each municipality of the country solely for the preservation, protection, 
reforestation, afforestation and sustainable development of mangrove forests. It 
seeks to penalize the destruction and cutting of mangrove trees, as well as 
dumping of waste products within the reservation areas. 
In view of the foregoing, approval of this bill is earneslly requested. 
/.J.~~ 
teRGIO OSMENA III 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 124 
) 
) 
Introduced by Senator S. R. Osmena III 
AN ACT 
4.,-~!" -
,t[ 
PROVIDING 
FOR 
THE 
PRESERVATION; 
REFORESTATION, 
AFFORESTATION, AND SUSTAINABLE DEVELOPMENT OF MANGROVE 
FORESTS IN THE PHILIPPINES AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Republic of 
the Philippines in Congress assembled: 
1 
Section 1. Tit/e. - This Act shall be known as "The National Mangrove 
2 
Forest Protection and Preservation Act of 2010." 
3 
Sec. 2. - Declaration of Policy. - It is hereby declared the policy of the 
4 
State to protect, preserve, and develop the country's natural resources. Towards 
5 
this end, 
the 
preservation, 
reforestation, 
afforestation, 
and 
sustainable 
6 
development of the mangrove forests shall be pursued through the establishment 
7 
of reservation areas exclusively for mangrove forests. 
8 
Sec. 3. Definition of Terms. - As used in this Act: 
9 
(a) "Afforestation" shall refer to the establishment of a mangrove forest in 
10 
an area that did not carry such forest within the past fifty (50) years or 
11 
within living memory; 
12 
(b) "Coastal areas" shall refer to the band of dry land and adjacent ocean 
13 
space (water and submerged land) in which terrestrial processes and 
14 
uses directly affect oceanic processes and uses, and vice versa; its 
12 
geographic extent may include areas within a landmark limit of one 
16 
kilometer from the shoreline at high tide to include mangrove swamps, 


brackish water ponds, nipa swamps, estuarine rivers, sandy beaches 
2 
and other areas within a seaward limit of two hundred (200) meters 
3 
isobath to include coral reeds, algal flats, seagrass beds, and other 
4 
soft-bottom areas; 
5 
(c) "Mangrove forest" shall refer to a type of forest occurring on a tidal flat 
6 
along the sea coast, extending along streams where the water is 
7 
, brackish; 
8 
(d) "Reservation areas" shall refer to portions of coastal areas which have 
9 
been set aside exclusively for reforestation, afforestation, conservation, 
10 
and preservation purposes; and 
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(e) "Reforestation" shall refer to the planting of mangrove trees along the 
12 
denuded coastal areas. 
13 
SEC. 4. Establishment of Mangrove Reservation Areas. - There shall 
14 
be established and set aside in all coastal areas in each municipality within the 
15 
Philippines portions of land solely for the preservation, protection, reforestation, 
16 
afforestation, and sustainable management of mangrove forests to be known as 
17 
Mangrove Reservation areas. All .existing mangrove forests shall automatically 
18 
form part of said reservation areas. 
19 
SEC. 5. Establishment and Composition of the National Council for 
20 
the Preservation of Mangrove Forests. -
There is hereby established a 
21 
National Council for the Preservation of Mangrove Forests, hereinafter referred to 
22 
as the National Council, which shall be attached agency of the Department of 
23 
Environment and Natural Resources (DENR). 
24 
The National Council shall be composed of twelve (12) members 
25 
consisting of: 
26 
(1) the Secretary of the DENR who shall act as Chairman; 
27 
(2) the Secretary of the Department of Agriculture (DA) who shall act as 
28 
vice-chairman; 


I 
(3) the Secretary of the Department of Interior and Local Government 
2 
(DILG); 
3 
(4) the Secretary of the Department of Science and Technology (DOST); 
4 
(5) the Director-General of the National Economic Development Authority 
5 
(NEDA); 
6 
(6) the Director of the Bureau of Fisheries and Aquatic Resources (BFAR) 
7 
of the DA; 
8 
(7) the Director of the Forest Management Bureau (FMB) of the DENR; 
9 
(8) the Director of the Ecosystem and Research Development Bureau 
10 
(ERDB) of the DENR; 
11 
(9) the Administrator of the National Mapping and Resources Information 
12 
Authority (NAMRIA); 
13 
(10) 
a representative from the academe to be appointed by the 
14 
President of the Philippines; 
15 
(11) 
a 
representative 
from 
the 
research 
institutions 
conducting 
, 
16 
researches on sustainable mangrove forest management to be 
17 
appointed by the President of the Philippines; and 
18 
(12) 
a representative from the non-government organizations (NGOs) 
19 
conducting programs on sustainable mangrove forest management to 
20 
be appointed by the President of the Philippines. 
21 
SEC. 6. Powers and Functions of the National Council. - The National 
22 
Council shall have the following powers and functions: 
23 
(1) review existing relevant policies and conduct studies on mangrove 
24 
forest and its preservation; 
25 
(2) prepare a comprehensive program for the preservation, reforestation, 
26 
afforestation, and sustainable development of mangrove forests; 
27 
(3) establish the guidelines in identifying of the coastal areas which shall 
28 
form part of the mangrove reservation areas; 


(4) identify the delineate the boundaries of the coastal areas which shall 
2 
form part of the mangrove reservation areas; 
3 
(5) exercise control and supervision over all the local councils; and 
4 
(6) promulgate the necessary rules and regulations to carry out the 
, 
5 
provisions of this Act. 
6 
SEC. 7. The Local Councils for the Preservation of Mangrove 
7 
Forests. - A local council for the preservation of mangrove forests, hereinafter 
8 
referred to as the Local Council, shall be established in each of the municipalities 
9 
where a mangrove reservation area has been identified. 
10 
Each Local Council shall be chaired by the Regional Executive Director of 
11 
the DENR under whose jurisdiction the reservation area is located, with the 
12 
following members: a representative of the municipal government concerned; a 
13 
representative each from the barangays under whose territory the reservation 
14 
area is located; a representative from an accredited non-governmental 
15 
organization (NGO); and a representative from the private sector. 
16 
SEC. 8. Powers and Functions of the Local Council. -
The local 
17 
council shall exercise the following powers and functions: 
18 
(1) implement and enforce all the programs and policies laid down by the 
19 
National Council; 
20 
(2) carry out the general administration and day-te-day planning of the 
21 
program; 
22 
(3) secure the mangrove reservation area from illegal and destructive 
23 
activities which would endanger the successful implementation and 
24 
viability of the program; and 
25 
. (4) such other powers and functions as may be designated by the National 
26 
Council. 
27 
In order the secure the mangrove reservation area from illegal and 
28 
destructive activities, the Local Council and the local government, under whose 
29 
jurisdiction the reservation area is located, shall employ the services of forest 


guards who shall be tasked with the responsibility to guard and police the areas. 
2 
They shall have the authority to arrest those caught violating the provisions of 
3 
this Act and the rules and regulations issued pursuant thereto. 
4 
In the event that any of the forest guards is found guilty of nonfeasance, 
s 
misfeasance, or malfeasance, the forest guard concerned and the officials of the 
6 
Local Council and he local government, by virtue of the principle of command 
7 
responsibility, shall be held for such violations and shall be prosecuted in 
8 
accordance with the provisions of this Act without prejudice to any criminal and/or 
9 
civil liabilities provided for under existing laws of the country. 
10 
SEC. 9. Prohibited Acts. -
The following acts are hereby prohibited 
11 
within the mangrove reservation areas: 
12 
(a) cutting, uprooting, or destroying any mangrove tree; 
\3 
(b) dumping of waste; 
14 
(c) construction or reclamation activity without the necessary license, 
15 
permit, or authority; 
16 
(d) illegal fishing activities that will result in the damage and destruction of 
17 
the mangrove forest; and 
18 
(e) other acts or activities that will result in the damage and/or destruction 
19 
of the mangrove forest. 
20 
SEC. 10. Penalties. - Any person, natural or juridical, found guilty of 
21 
violating any of the provisions of this Cat or the rules and regulations issued by 
22 
the National CounCil, shall, after due notice and public hearing by the regular 
23 
courts of competent jurisdiction, be fined in the amount of not less than Fifty 
24 
thousand pesos (PhP50,OOO.OO) but not more than One million pesos 
25 
(PhP1,OOO,OOO.OO) or imprisonment for not less than one (1) year but not more 
26 
than six (6) years, or both, at the discretion of the Court: Provided, That if the 
27 
area requires rehabilitation or restoration as determined by the Court, the 
28 
offender shall also be required to restore or compensate for the restoration of the 
29 
damage. 


If the offender is an association or corporation, the president or manager 
2 
and the. officer who has direct knowledge over the offense shall be held liable 
3 
under 'this Act. 
4 
SEC. 11. Separability Clause. -
if, for any reason, any section or 
5 
provision of this Act shall be held unconstitutional or invalid, the other section or 
6 
provision not otherwise affected shall remain in full force and effect. 
7 
SEC. 12. Repealing Clause. - All laws, presidential decrees, executive 
8 
orders, proclamations, rules and regulations which are inconsistent with the 
9 
provisions of this Act hereby repealed or modified accordingly. 
10 
SEC. 13. Effectivity Clause. - This Act shall take effect fifteen (15) days 
11 
from its publication in the Official Gazette or in at least two (2) newspapers of 
12 
general circulation. 
Approved,