SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
')3 
JUL 30 . P 2 :53 
SENATE 
S. No. 
1161 
Introduced by Senator Antonio "SONNY" F. Trillanes IV 
Explanatory Note 
The Philippine archipelago comprises 7,lO7 islands spread over 298,170 sq Ian (115,124 sq mi) 
of land and 1,830 sq Ian (706.5 sq mi) of water. The archipelago stretches nearly 1,850 Ian 
(1,149 mi) from Y'Ami Island in the north to Sibutu Island in the south. It is approximately 
1,000 Ian (621 mi) wide. 
Having one of the world's most abundant marine environment, our marine resources poses as a 
primary source of food, minerals, petroleum, hydrocarbon, and energy, among others. Though 
States have sovereign right to exploit their own natural resources, they also have the duty to 
protect and preserve the marine environment within and outside their jurisdiction. 
Thus, Article XII, Section 2 our Constitution mandates the State to protect the nation's marine 
wealth in its archipelagic waters, territorial sea and exclusive economic zone and reserve its use 
and enjoyment exclusively for Filipino citizens. 
Given the importance of our marine environment to our country's economy and biodiversity, it is 
important for us to protect our marine resources from indiscriminate exploitation for our food 
security, ecological balance, and sustainable livelihood for our fisherfolks. More importantly, the 
preservation of our marine resources ensures that our children and the succeeding generations 
will inherit a living earth with all of its bountiful natural resources and vibrant wildlife. 
This bill mandates every coastal municipality to establish, maintain and manage marine 
protected areas (MPAs) in at least 15% of their municipal waters, while preserving those MPAs 
which were previously set up. By making it mandatory, we send a strong signal of urgency to 
preserve our marine resources for our food security, ecological balance, and sustainable 
livelihood for our fisherfolks as well as ensuring that our children and future generations will 
still benefit from our bountiful resources. 
In view of the foregoing, early passage of this bill is earnestly sought. 
Senator 
1 


Srt1l'lh' 
SIXTEENTH CONGRESS OF THE 
) 
(~lh~r (If HIt s:;~!'t¥d:u\t 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
·13 
JUL 30 f' 2 :53 
SENATE 
S.No. 1161 
Introduced by Senator Antonio "SONNY" F. Trillanes IV 
AN ACT 
ESTABLISHING 
MARINE 
PROTECTED 
AREAS 
IN 
ALL 
COASTAL 
MUNICIPALITIES AND CITIES AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as the "Marine and Coastal 
2 
Resources Protection Act of2013". 
3 
4 
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to ensure the 
5 
protection and preservation of the country's marine resources even as it promotes the 
6 
development of a robust fisheries sector. 
7 
The State shall ensure that the utilization of marline resources by its citizens observes the 
8 
requirements of sustainability and, to this end, the State shall promote a culture of responsible 
9 
stewardship of the environment tha~ is anchored on the desire to be in harmony with nature. 
10 
Thus, where human carelessness and disregard have resulted in destruction and damage, the 
11 
State shall take the necessary measures to restore ecological balance and beauty to ensure the 
12 
continued enjoyment by all of a healthy and safe environment. 
13 
The State also takes cognizance of the preferred status of the citizenry as the primary 
14 
users and beneficiaries of the country's resources. As such, Filipino communities are therefore 
15 
acknowledged as crucial partners in the effort to conserve and manage our natural marine 
16 
. resources. 
17 
As a measure towards the maintenance of biological diversity and the proper 
18 
management of natural resources, the coastal community is encouraged to formulate its own 
19 
marine conservation program, according to a coastal resource management plan tailored to the 
20 
particular ecological conditions ofthe marine environment. 
21 
22 
SEC. 3. Definition of Terms. - For the purposes of this Act, the relevant terms are 
23 
defined as follows: 
24 
(a) Buffer zone refers to the area surrounding the core zone of protection, where 
25 
extractive or recreational activities are regnlated according to its carrying capacity. 
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1 
(b) Co-management scheme refers to a management approach of administrative 
2 
integration and cooperation, where the local community, the local government unit (LGU), 
3 
participating agencies, concerned civil society and sectors contribute their resources towards the 
4 
fulfillment of a particular function within their areas of expertise, in a manner that furthers the 
5 
goals of sustainable management of the marine protected area. 
6 
( c) Mangrove swamp forest reserve refers to a portion of the mangrove forest designated 
7 
and reserved for the protection of its ecological functions and services and restored to support 
8 
fisheries production in coastal waters. 
9 
(d) Marine protected area (MPA) refers to a defined area of the sea established and set 
10 
aside by law, administrative regulation or any other effective means in order to conserve and 
11 
protect a part of or the entire enclosed environment, through the establishment of management 
12 
guidelines. It is considered a generic tenn that includes all declared areas governed by specific 
13 
rules or guidelines in order to protect and manage activities within the enclosed area. 
14 
Marine protected areas may take the following fonns, anyone or a combination of which 
15 
may comprise the MP A: 
16 
(I) Marine reserve refers to an area where access and uses (whether extractive or non-
17 
extractive) are regulated or controlled for specific uses or purposes. A marine reserve 
18 
may include a marine sanctuary within its boundaries. The entire area need not be placed 
19 
under the same conditions or restrictions as a marine sanctuary, but all uses are still 
20 
controlled and regulated to the extent necessary to ensure that little or no hann is imposed 
21 
on the environment enclosed in the reserve. 
22 
(2) Marine park refers to a type of marine reserve where conservation-orient"d 
23 
recreation, education and research are emphasized. A marine park may include a marine 
24 
sanctuary within its boundaries. 
25 
(3) Marine sanctuary refers Jo a defined area establiShed and set aside exclllsively for the 
26 
purpose of protecting habitats and species, through the prohibition of all extractive uses 
27 
.and strict regulation of non-extractive uses. This tenn is synonymous with "No-Take 
28 
Zone". A marine sanctuary may have a buffer zone around the area sought to be protected 
29 
from extractive and non-extractive uses. It may be located within a marine reserve or 
30 
marine park. 
31 
32 
SEC. 4. Establishment of Marine Protected Areas. - Within one (1) year from the 
33 
effectivity of this Act, all coastal municipalities and cities shall establish at least one (1) MP A 
34 
within municipal waters, which shall be subjected to the prerequisite of consultation with the 
35 
local community. The protected area must have a minimum size of ten (10) hectares, unless the 
36 
total area of the municipal waters is fifteen (15) hectares or less, in which case the MP A shall 
37 
comprise fifteen percent (15%) of the municipal waters. The protected area shall be established 
38 
in accordance with an integrated community-based conservation program and coastal resource 
2 


1 
management plan. The total area designated for protection need not be contiguous, and may be 
2 
designed in such a manner as may be deemed appropriate, so long as it fulfills the ultimate 
3 
purpose of conservation. 
4 
Inter-tidal areas shall be reserved for the establishment of mangrove swamp forest 
5 
reserves as part of the MP A where possible. If the municipalities border each other in such a way 
6 
that their respective coastlines form a contiguous body, the concerned LOUs may so jointly 
7 
establish and administer the MP A as to reach the optimum size and arrangement of a large zoned 
8 
MPA. 
9 
10 
SEC. 5. General Criteria. - The MP A, which may either take one particular form or 
11 
incorporate different types, shall be established according to the level of protection required by 
12 
existing ecological conditions, as well as the socioeconomic characteristics of the local 
13 
community, among others: PrOVided, That the form or arrangement of the MP A does not in any 
14 
way impair the preferential use rights of municipal fisherfolk, unless ecological conditions are in 
15 
such an advanced state of degradation that rehabilitation must necessarily preclude allowing all 
16 
extractive and human activity. 
17 
18 
SEC. 6. Responsible Entities. - The concerned LOU, along with members of the 
19 
community and civil society, the Bureau of Fisheries and Aquatic Resources (BF AR) of the 
20 
Department of Agriculture (DA), the Department of Enviromnent and Natural Resources 
21 
(DENR), the Fisheries and Aquatic Resources Management Councils (FARMCs) and the private 
22 
sector, shall be responsible for the designation, establishment and management of MP As within 
23 
municipal waters, based on a co-management scheme that accommodates the interests of all the 
24 
stakeholders involved. 
25 
26 
SEC. 7. Funding. - The initial fund for the establishment of the MP A shall be provided 
27 
by the LOU. Funds for the sustainable management of the MPA shall be included in the regular 
28 
budget of the 'concerned LOU and may be augmented by funds provided by the provincial 
29 
government, grants, donations and income generated from the operations of the MP A. 
30 
31 
SEC. 8. Management of Existing MPAs. - The DENR shall continue to manage MPAs 
32 
established under the National Integrated Protected Areas System (NIPAS) and all initial 
33 
components of the System that have passed the requirements pursuant to Republic Act No. 7586, 
34 
otherwise known as the "National Integrated Protected Areas System Act of 1992". 
35 
All MP As, fishery reserves, fishery refuges or sanctuaries and mangrove swamp forest 
36 
reserves previously declared or proclaimed by the President? or legislated as such by the 
37 
Congress of the Philippines, may continue to be supervised by the agency charged with its 
38 
administration. 
3 


1 
SEC. 9. Violations and Sanctiom~ - Unless otherwise allowed in accordance with this 
2 
Act, the NIPAS Act of 1992 (Republic Act No. 7586), the Philippine Fisheries Code of 1998 
3 
(Republic Act No. 8550) and the Wildlife Resources Conservation and Protection Act (Republic 
4 
Act No. 9147), it shall be unlawful for any person to willfully and knowingly exploit, damage or 
5 
destroy MP As and/or any of its parts. Violators shall be subject to the applicable fines and 
6 
penalties as provided for in Republic Act No. 7586, Republic Act No. 8550 and Republic Act 
7 
No. 9147, and other related laws, rules and regulations. 
8 
Should a coastal LGU fail to establish an MP A as herein provided, the mayor, the vice 
9 
mayor and the members of the sanggunian shall be liable for prosecution under Republic Act No. 
10 
3019, otherwise known as the "Anti-Graft and Corrupt Practices Act" and Republic Act No. 
11 
6713, otherwise known as the "Code of Conduct and Ethical Standards for Public Officials and 
12 
Employees", or other applicable laws. 
13 
14 
SEC. 10. Incentives and Awards. - The DA, in collaboration with the DENR, the 
15 
Department of the Interior and Local Government (OILG) and the University of the Philippines 
16 
Marine Science Institute (UPMSI) as well as other relevant academic and research institutions, 
17 
shall develop incentive and award mechanisms to promote effective management of MP As and 
18 
to ensure their sustainability. 
19 
20 
SEC. 11. Implementing Rules and Regulations. - Within sixty (60) days after the 
21 
effectivity of this Act, the Secretary of the DA, together with the DENR, the OILG and the 
22 
UPMSI, in consultation with other relevant academic and research institutions, local government 
23 
leagues, the National Fisheries and Aquatic Resources Management Council, fisherfolk and 
24 
other concerned organizations, shall formulate the rules and regulations for the full 
25 
implementation of this Act. 
26 
27 
SEC. 12. Separability Clause. - If any part of this Act should hereafter be declared 
28 
unconstitutional or invalid, such other parts not affected thereby shall continue in full force and 
29 
effect. 
30 
31 
SEC. 13. Repealing Clause. - All laws, decrees, executive orders and rules and 
32 
regulations or parts thereof which are inconsistent with this Act are hereby repealed or modified 
33 
accordingly. 
34 
35 
SEC. 14. Effectivity. - This Act shall take effect fifteen (15) days after its complete 
36 
publication in a newspaper of general circulation. 
Approved, 
4