Ye Aue! 2013
CPN

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

2408

HOUSE BILL NO.

Introduced by Honorable Mariano U. Piamonte Jr. and Honorable Julieta R.
Cortuna, Representatives, A TEACHER Party-list

EXPLANATORY NOTE

The NIPAS Law was enacted about 20 years ago. However only a few of the proclaimed and
congress-enacted Protected Areas (Pas) are properly managed exemplified only by the Mt
Kitanglad Protected Landscape in Bukidnon. There are many constraints to the proper
management of a PA. Among these are the lack of plantilla position of Protected Area
Superintendent and its corresponding staff that is supposed to provide management of a PA.

To implement fully the PA Management Plan requires tremendous amount of funds
However, PA's are not appropriated with sufficient funds to carry out proper management. In
fact there are limited sources of funds for the Integrated Protected Area Fund (IPAF). There is
need to identify innovative sources of funds for the IPAF in addition to its appropriate
application.

RA, 7586 is basically applicable to terrestrial protected areas and there is less
emphasis on marine and inland water sites, This situation has led to the identification and
proclamation of loop-sided number of terrestrial PA's against marine and fresh water areas.
Of the 113 proclaimed PA's covering 3.57 million hectares, 84 are terrestrial (2.2 million
hectares) while only 29 are marine and inland waters protected areas in 1.37 million hectares
The law needs to be revised/ amended to correct the situation

The penalties for violation of the NIPAS Act are not commensurate to the destruction
of the environment that such acts bring about. There is need to revise the penalties in terms of
fines and/or imprisonment in order that these pose as deterring effects on would-be violators,

Despite the provision of Section 45 of R.A. No. 8550, otherwise known as the
Fisheries Code — which was enacted two (2) years after the approval of the NIPAS Act, states
that no fish pens or fish cages or fish traps shall be allowed in lakes, many lakes and inland
waters are found to have fish cages and are seeded beyond the carrying capacity of the lakes
or inland waters. In addition to aggravating causes, fish kills have occurred similar to the one
that occurred in Taal Lake on May 29, 2011 when more than 800 tons (or Php 142 million
worth) of milk fish (bangus) died due to stocking beyond the carrying capacity of the lake.
The carrying capacity of lakes and inland waters where fish cages or fish pens are


constructed, need to be assessed, This situation is aggravated by the practice that local
government executives issue business permits without first requiring that the entrepreneur
obtain an authorization from the DENR Through the Protected Area Management Board
(PAMB).

JEP EB”

MARIANO U. PIAMOMXTE, JR.

. CORTUN.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

HOUSE BILL NO.. 2408

Introduced by Honorable Mariano U. Piamonte Jr. and Honorable Julieta R.
Cortuna, Representatives, A TEACHER Party-list

AN ACT.
AMENDING REPUBLIC ACT NO. 7586, OTHERWISE KNOWN AS AN ACT
PROVIDING FOR TH! BLISHMENT AND MANAGEMENT OF NATIONAL.
INTEGRATED PROTECTED AREAS SYSTEM, DEFINING ITS SCOPE AND
COVERAGE, AND FOR OTHER PURPOSES,

Section 1. Protected Area Superintendent — There shall be a position of Protected Area
Superintendent (PASu) created in each of the protected areas established under the National
Integrated Protected Areas System (NIPAS). The PASu shall have a rank equivalent to that of
a Provincial Environment and Natural Resources Officer (PENRO) of the Department of
Environment and Natural Resources (DENR). The PASu shall be under the direct supervision
of the Protected Area Management Board (PAMB) and the DENR and shall have the
following duties and responsibilities

1, Implement the Protected Area Management Plan approved by PAMB;

2. Enforce rules and regulations to protect the area from trespassing, damage,
vandalism and illegal occupancy;

3. Apprehend, seize and take custody illegally cut/ harvested products from the area;

4, Issue cutting permit for planted trees for a volume of up to five (5) cubic meters
per applicant per year for traditional and subsistence uses of indigenous cultural
communities (ICC) and tenured migrants only;

5, Issue certificate of origin and transport permit for natural resources and other
forest products collected/ gathered from the protected area in accordance with the
resource instruments/ agreements or gratuitous permits issued by the PAMB or the
DENR;

6. Issue permits for the establishment of fish pens and/or fish cages in inland waters
and lakes based on assessed carrying capacities of such waters and lakes and only
in protected areas where environmental impact assessments have been conducted;

7. Collect and receive pertinent fees, charges, donations and other incomes from the
protected area, provided that such fees, charges, donations and other incomes
received/ collected shall be reported regularly to the PAMB in accordance with
existing guidelines;

8. Prepare and recommend to the PAMB for approval the annual work and financial
plan of the protected area based on the Initial Protected Area Plan or Management



Plan of the protected area;

9. Develop a management information system to ensure that relevant and updated
information are available for planning, monitoring and decision-making;

10, Perform other relevant fuznctions that the Regional Executive Director (RED) or
PAMB may delegate or assign.

The PASu shall be supported by at least five (5) technical staff, and at least ten (10)
administrative staff, who shall also have civil service positions. The level of such positions
shall be determined by the PAMB

The funds needed for the establishment of the position of PASu and support staff shall come
initially from the appropriations of the DENR and thereafter shall come from annual
appropriations from Congress

‘The PAMB shall also have the authority to deputize residents from nearby communities. The
DENR is authorized to provide commensurate compensation to protected area deputies, the
funds for which shall also come from DENR's annual appropriations.

Section 2. Proclaimed Protected as Part of National Park, -- All proclaimed Protected
Areas shall fall under the classification of National Parks pursuant to the provisions of the
Philippine Constitution

Section 3. Environmental Imapet Assessment, ~ Section 12 of R.A. No. 7586 is amended

as follows:

“SEC, 12. Environmental Impact Assessment, — Proposals for activities
WHETHER WITHIN OR outside the scope of the management plan for
protected areas shall be subject to an environmental impact assessment as
required by law before they are implemented, and the results thereof shall
be taken into consideration in the decision-making process. No actual
implementation of such activities shall be allowed without the required
Environmental Compliance Certificate (ECC) under the Philippine
Environmental Impact Assessment (EIA) system. In instances where such
activities are allowed to be undertaken, the proponent shall plan and carry
them out in such manner as will minimize any adverse effects and take
preventive and remedial action when appropriate.

The proponent shall by liable for any damage due to lack of caution ot
indiscretion, IN THE CASE OF UTILIZING INLAND WATERS IN
PROTECTED AREAS FOR FISH PENS AND FISH CAGES OR
SIMILAR ACTIVITIES, THE CARRYING CAPACITY OF THE
INLAND WATER SHALL BE ASSESSED AND SHALL BE BASIS FOR
THE GRANTING OF PERMITS FOR THE ABOVE-MENTIONED
ACTIVITIES. THE PAMB SHALL HAVE THE SOLE AUTHORITY TO
GRANT THE PERMIT. NO SUCH ACTIVITIES SHALL BE
ALLOWED IN INLAND WATERS WITHOUT THE PERMIT ISSUED
BY THE PAMB. SUCH PERMIT SHALL PRECEDE THE ISSUANCE.

OF BUSINESS PERMITS BY LOCAL GOVERNMENT UNITS.”


Section 4. Protected Areas under the DENR Jurisdiction. ~ All proclaimed protected areas
in terrestrial and marine environments including inland waters and lakes, including those that
will be subsequently proclaimed shall be under the authority and jurisdiction of the
Department of Environment and Natural Resources.

Section 5. Areas under the Management of Other Departments and Government

Instrumentalities. — Section 15 of R.A. No. 7586 is amended as follows:

“SEC. 15. Areas under the Management and Other Departments and

Government Instrumemalities. ~ Should there be protected areas, or
portions hereof, under the jurisdiction of government instrumentalities
other than the DENR, such jurisdictions shall, prior to the passage of this
Act, remain in the said department or government instrumentality
Provided, that the department or government instrumentality exercising
administrative jurisdiction over said protected area or a portion thereof,
shall coordinate withthe DENR in the preparation of its management
plans, upon the effectivity of this Act. THE DENR SHALL EXERCISE
OVERSIGHT FUNCTIONS OVER SUCH PROTECTED AREAS AND

SHALL LIKEWISE HAVE VISITORIAL POWERS.”

Section 6, Integrated Protected Areas Fund. — Section 16 on the Integrated Protected Areas of
R.A. No, 7586 is hereby amended as follows:

“SEC. 16. Integrated Protected Areas Fund. ~ There is hereby established
a trust fiznd to be known as the Integrated Protected Areas Fund for the
purpose of financing projects of the System. The IPAF may solicit and
receive donations, endowments and grants in the form of contributions and
such endowments shall be exempted from income or gift taxes and all
other taxes, charges or fees imposed by the Government or any political
subdivision or instrumentality thereof.

Al incomes generated from the operation of the System or management of
wild flora and fauna shall accrue to the Fund SUBJECT TO THE
RETENTION BY THE MANAGEMENT BOARD OF EACH
PROTECTED AREA, OR SEVENTY-FIVE PERCENT (75%) OF ALL
REVENUES RAISED THEREFROM and may be utilized directly by the
DENR for the above purpose. THE REMAINING TWENTY-FIVE (25%)
SHALL ACCRUE TO THE NATIONAL INTEGRATED PROTECTED
AREAS FUND WHICH SHALL BE ESTABLISHED AT THE DENR
LEVEL FOR THE PURPOSE OF FUNDING MANAGEMENT AND.
DEVELOPMENT OF OTHER PROTECTED AREAS.

These incomes shall be derived from:

I. Taxes fiom the permitted sale and export of flora and fauna and
other resources from protected areas;
2. Proceeds from lease of multiple-use areas;

3. Contributions from industries and facilities directly benefiting from


the protected areas;

4, Such other fees and incomes derived from the operation of the
protected area; and

5. ENVIRONMENTAL FEES INCLUDING FINES IMPOSED DUE
TO VIOLATION OF ENTERPRISES LOCATED IN PROTECTED
AREAS INCLUDING THEIR BUFFER ZONES AND MULTIPLI SE
ZONES SHALL ACCRUE TO THE 1D PROTECTED
AREAS FUND.

THE FUND, INCLUDING ALL DONATIONS, GRANTS,
ENDOWMENTS FROM VARIOUS SOUR AND OTHER
CONTRIBUTIONS, SHALL BE DEPOSITED IN ANY GOVERNMENT.
BANK WITHIN THE LOCALITY WHERE EACH PROTECTED AREA
IS LOCATED, PROVIDED, THAT IN CASE THERE IS NO
GOVERNMENT BANK AVAILABLE IN THE LOCALITY, AN
ACCOUNT SHALL BE OPENED IN A GOVERNMENT BANK
NEAREST TO THE LOCALITY.

DISBURSEMENTS FROM THE FUND SHALL BE MADE SOLELY
FOR THE PROTECTION, MAINTENANCE, ADMINISTRATION AND.
MANAGEMENT OF THE SYSTEM, AND DULY APPROVED
PROJECTS ENDORSED BY THE PAMB's IN THE AMOUNTS
AUTHORI. BY DENR IN ACCORDANCE WITH EXISTING
ACCOUNTING, BUDGETING AND AUDITING RULES AND
REGULATIONS, PROVIDED FURTHER THAT THE FUND SHALL
NOT BE USED TO COVER PERSONAL SERVICES EXPENDITUR

iCTION 7. Prohibited Acts
AMENDED AS FOLLOWS.

~ The prohibited acts under R.A, No, 7586 are hereby

“SEC. 20. Prohibited Acts. ~ Except as may be allowed by the nature of

their categories and pursuant to rules and regulations governing the same,
the following acts are prohibited within protected areas:

1. Hunting, destroying or mere possession of any plants or animals or
products derived therefrom without permit from the Management
Board;

2. Dumping of any waste products detriment to the protected area, or
to the plants and animals or inhabitants therein;

3. Use of any motorized equipment without a permit from the
Management Board;

4, Mutilating, defacing or destroying objects of natural beauty, or
objects of interest to cultural communities (of scenic value);

5, Damaging and leaving roads and trails in a damaged condition;

6. Squatting, mineral locating or otherwise occupying any land:

7. Constructing or maintaining any kind of structure, fence or
enclosure, conducting any business enterprise without a permit,

8. Leaving in exposed or unsanitary conditions refuse or debris, or
depositing in ground or in bodies of water;

9. Altering, removing, destroying or defacing boundary marks or



signs;
10. TREASURE HUNTING; AND
11. QUARRYING AND SIMILAR ACTIVITIES,

Section 8. Penalties. ~ Section 21 of R.A. No. 7586 is amended as follows:

“SEC. 21. Penalties. ~ Whoever violates this Act or any rules and
regulations issued by the Department pursuant to this Act or whoever is
found guilty by a competent court of justice of any offense in the
preceding section shall be fined in the amount of not less than FIVE
HUNDRED THOUSAND PESOS (P 500,000.00) AND NOT MORE
THAN ONE MILLION PESOS (P 1,000,000.00) exclusive of the value of
the thing damaged or imprisonment for not less than TWO (2) YEARS
BUT NOT MORE THAN TEN (10) YEARS or both, as determined by the
court, also the offender shall be required to restore or compensate for the
restoration to the damage: Provided further, that the court shall order the
eviction of the offenses from the land and the forfeiture in favor of the
Government of all minerals, timber, or any species collected or removed
including all equipment, devices and firearms used in connection there
with, and any construction or improvement made thereon by the offender,
If the offender is an association or corporation, the president or manager
shall be directly responsible for the act of his employees and laborers:
Provided finally, that the DENR may impose administrative fines and
penalties consistent with this Act.

Section 9. Implementing Rules and Regulations. - The Department of Environment and
Natural Resources shall prepare and issue the implementing rules and regulations of this Act

within ninety (90) days from the approval of this Act

Section 10, Repealing Clause, ~ All laws, decrees, orders, rules and regulations or portions

thereof, inconsistent with this Act are hereby repealed or modified accordingly.

Section 11, Effectivity. - This Act shall take effect fifteen (15) days after its complete

publication in two (2) major newspapers of general circulation

Approved,