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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Nineteenth Congress
First Regular Session

House BiliNo, 7129

Introduced by Representative JOEY SARTE SALCEDA

AN ACT
ESTABLISHING PIGBUCAN POINT TO PARON POINT OF MANITO.
IN THE PROVINCE OF ALBAY AS A PROTECTED AREA UNDER
THE CATEGORY OF PROTECTED SEASCAPE, PROVIDING FOR
ITS PROTECTION, CONSERVATION, PROPER MANAGEMENT,
AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Establishing protected areas is a critical tool in safeguarding biodiversity, maintaining
ecosystem balance, preserving important habitats, building resilience to climate change,
providing global food security, maintaining water quality, conserving natural resources,
driving economic success, curbing the spread of diseases and pests, and providing many other
benefits to wildlife and human health (Secretariat of the Convention on Biological Diversity,
2008),

Based on Proclamation No. 2152 series of 1981, also known as the Declaration of the
Entire Province of Palawan and Certain Parcels of the Public Domain and/or Parts of the
Country as Mangrove Swamp Forest Reserves, Pigbucan Point to Paron Point of Manito, Albay
was included in the domains which are subject to Protected Area Suitability Assessment
(PASA). During the conduct of PASA in 2020, the proposed Manito Protected Seascape (MPS)
which covered the seven coastal barangays of Manito, specifically Tinapian, Manumbalay,
Buyo, Itba, Cawit, Pawa, and Hologan, with a total area of 3,040.01 hectares, revealed a rich
coastline and marine environment specifically a wide variety of habitats, mainly the mangrove
forests, seagrass beds, and coral reefs, including threatened flora and fauna found therein.

To ensure the protection, conservation, and proper management of the said
municipality’s coastal and marine environment, this Act aims to include MPS among the
legislated Protected Areas stipulated under the Republic Act 11038 also known as the
Expanded National Integrated Protected Areas System Act (ENIPAS) of 2018

Page | 1


In view ofthe foregoing, the approval of this bill is urgently sought

Page | 2


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Nineteenth Congress
First Regular Session

House Bill No. 7129

Introduced by Representative JOEY SARTE SALCEDA

AN ACT
ESTABLISHING PIGBUCAN POINT TO PARON POINT OF MANITO.
IN THE PROVINCE OF ALBAY AS A PROTECTED AREA UNDER
‘THE CATEGORY OF PROTECTED SEASCAPE, PROVIDING FOR
ITS PROTECTION, CONSERVATION, PROPER MANAGEMENT,
AND FOR OTHER PURPOSES

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

SECTION 1. Title. — This Act shall be known as the “Manito Protected Seascape Act”.

SEC. 2. Declaration of Policy. - Cognizant of the profound impact of human activities
on all components of the natural environment, itis declared the policy of the State to secure for
the Filipino people of present and future generations, the perpetual existence of all ecologically
important flora and fauna through the declaration of protected areas under the National
Integrated Protected Area System (NIPAS) within the classification of national park as
provided for in the Constitution.

In recognition of the richness of the biological resources, both flora and fauna of
Pigbucan Point to Paron Point, as well as their aesthetic and ecological importance, it is hereby
declared as protected area with a category of protected seascape and shall hereinafter be
referred to as Manito Protected Seascape (MPS). As such, the State shall ensure the
conservation, protection, management and rehabilitation of the area. It is likewise recognized
that effective administration of this area is possible only through cooperation among national
government, concerned local government unit (LGU), non-governmental organizations
(NGOs), private entities and local communities. The use and enjoyment of this area must be
consistent with the principles of biological diversity and sustainable development.

In doing so, the State shall ensure the full implementation of this Act, the mobilization
of resources for the institutional mechanisms herein established, and the full scientific and
technical support needed for the conservation of biodiversity and the integrity of the
ecosystems, socio-cultural practices.

Page | 1


SEC. 3. Scope and Coverage. ~ The boundaries of the Manito Protected Seascape,
which falls under the category of Protected Seascape as defined herein, within the municipality

of Manito, are as follows:

LINE | BEARING | DISTANCE (m.)
1-2 N4130°W, 134.98
2-3 NS56°S1'W. 227.57
3-4 $70°43'W 151.40
4-5 S81°12";W 240.13
5-6 N46°41'W 152.76
6-7 S2P°1'W. 61.35
7-8 $40°38'W 60.54
8-9 $53°45'W 70.48

9-10 | S68°06'W 89.61

10-11 _|_N55"23'W. 60.69

11-12 | N20°5s'W. 68.33

12-13 | NO8°32'W. 247.29

13-14 | NO038'W. 231.66

14-15 | NO409'E 120.71

15-16 | N34°40'E. 96.86

16-17 | _$05°12'W 85.90

17-18 | S22°18E 163.92

18-19 | $08°26'W 106.13,

19-20 | $56°40'E 176.87

20-21 | $00°00'W T77

21-22 | $55°0"'W 47.46

22-23 | $33°%32E 84.51

23-24 | N7I°S58'E 59.82

24-25 | S46%41'E 152.76
25-26 | $21°42;W 118.65
26-27 | S1G°1FE 168.89
27-28 | $34°3S'E 128.44
28-29 | $24%4'W 425.27

29-30 | S00*00'W 52.76

30-31 S71°34E 27.81

31-32__|_N35°00E 53.67

32-33__ | NS5®56E 96.52

33-34 | S48°0I'E 59.15

34-35 | S2907'W 397.63

35-36 | S56°17W 215.88

36-37 | S06°20°E 154.38

37-38 | S0738'W 265.38

38-39 | S43°40'W 401.14

39-40 | $35°00'W 161.00

40-41 SIO 1S'E 147.46
41-42 | $35%6'W 198.81
42-43 | S83°48'W. 203.43
43-44 | N4%09'W 215.07
44-45 |_N5O°1'W 156.70

45-46 | N8725'W 172.34

46-47 | N39°48'W. 67.92

47-48 | N74°41'W 119.63,

Page| 2


48-49 | N4S°29";W 209.94
49-50 | No4°21'W 177.93
50-51__|_N83%46'W. 287.24
51-52__| NS8°10'W. 171.52
52-53 |_N7958'W. 248.84
53-54 | $63°21'W 304.73
54-55 | $25°32'W 207.89
55-56 | SO®41'E 579.21
56-57 | $32°21'W 179.93
57-58 | S68°S9'W 79.95

58-59 | SOO*OT'E 160.72
59-60 | S40°7E 160.50
60-61 | $40°03'W 283.25
61-62 | N82°31'W 183.07
62-63_|N66°20'W 1957.32
63-64 | N32°53'E. 6751.24
64-65__| N89°S7E. 7375.25
65-66 | S00°07';W 2896.16
66-67 | S70°OI'W 1332.56
67-68 | N38%09'W 177.91

68-69 | N16°25'W 167.50
69-70 | N14°09'E. 141.63,
70-71_|_NO03°54'W 254.02
71-72 | NOPE 340.44
72-73 | NOwIO'W 195.40
73-74 | NO239E 105.94
74-75__| N24°02E 96.91

75-76 | N37°07W 189.03,
76-77_| N4P4S'W 239.46
77-78 | S78°00'W 142.25
78-79 | N79°58'W 130.80
79-80 | _N51°SS'W 108.83,
80-81 | S25°3'W 139.04
81-82 | $58°26'W 308.33
82-83 | $80°04'W 137.72
83-84 | N40™45'W 122.41
84-85 | N53°S7W. 156.34
85-86 | N81°09'W 107.23,
86-87 | S87°52;W 241.19
87-88 | N69*03'W. 269.12
88-89 | N80°04'W. 165.23
89-90 | _N72°0S'W. 295.48
90-91 | N85%46'W. 75.12

91-92 | $38°30'W 36.50

92-93 | $14°37W 93.81

93-94 | S32°0'E 58.83

94-95 | S85°40"°W 32.26

95-96 | $79°12;W 82.14

96-97 | N78°44'W 342.08
97-98 | S8915'W 120.53
‘98-99 | _N4I°36'W 193.76
99-100 | _N85°S0'W 30.51

Page | 3


100-101 | $65°52W 96.02
101-102 [_$54°02";W 214.87
102-103 | S44°14W 95.27
103 - 104 | _S6s°07W 137.80
104-105 | S79°37W 161.10
105-106 | _$55°33'W 76.44
106-107 | _$31°25'W 58.03,
107-108 | S06°27E, 177.50
108-109 | S30°%07E 197.06
109-110 | SOI°SSE 112.83
10-111 | S15%s7W 113.23
111-112 [_N30°1S'W. 108.04
112-113 |_N39°35°W 112.26
113-114 [$8932 119.02
114-115 | saaas'w 128.85
115-116 | S11°30'W 234.12
116-117 | $5249°W 141.54
117-118 | S41°1TE 4133,
118-119 | N63°26E 121.73
119-120 [_SI2°13E 385,92
120-121 | $44°17E 249.05
121-122 [_ S67°59E 104.62

122-1 | $36°08'W 274.71

The Department of Environment and Natural Resources (DENR), with the assistance
from other government agencies, if necessary, shall delineate and demarcate on the ground the
boundaries of the protected area. Any modification of the coverage of this Act due to such
factors as changing ecological situations, new scientific or archeological findings, ot discovery
of traditional boundaries not previously considered shall be made through an act of Congress,
after consultation with the affected public and concerned government agencies,

SEC. 4. Definition of Terms. — For purposes of this Act, the following terms shall be
defined as follows:

(a) Biological diversity or biodiversity refers to the variability among living organisms
from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the
ecological complexes of which they are part; this includes diversity within species, between
species and of ecosystems;

(b) Bioprospecting refers to the research, collection, and utilization of biological and
genetic resources for purposes of applying the knowledge derived therefrom solely for
commercial purposes

(c) Buffer zones refer to identified areas outside the boundaries of and immediately
adjacent to designated protected areas that need special development control in order to avoid
or minimize harm to the protected area;

(a) By-products or Derivatives refer to parts taken, or substances extracted from
wildlife, in raw or in processed form;

(e) Collecting refers to the act of gathering or harvesting wildlife and its by-products or

Page | 4


derivatives;

(f) Conveyance refers to every kind of vessel, including motorized or non-motorized
vehicles, non-displacement crafts and seaplanes that are used or may be used as a means of
transportation on land or water. It shall include everything found therein, except personal
effects;

(g) Delineation refers to the actual ground survey of the boundaries of protected areas
and their buffer zones and management and management zones using the global positioning
system (GPS) or other applicable survey instruments and technologies, with the intention of
producing a map of the area;

(h) Demarcation refers to the establishment of the boundaries of protected areas and
their buffer zones using visible markers, monuments, buoys in case of marine areas, and known
natural features and landmarks, among others, as a result of the actual ground delineation;

(i) Ecosystem goods and services refer to the multitude of material and nonmaterial
provisions and benefits from healthy ecosystems necessary for human sustenance, well-being,
and survival including support processes, provisioning and environment regulating services,
and cultural resource preservation services;

(j) Endemic species refer to the species or subspecies of flora and fauna which are
naturally occurring and found within specific areas in the country;

(k) Exotic species refer to the species or subspecies of flora and fauna which do not
naturally occur within the protected area at present or in historical time;

(1) Exploration refers to the act of searching or prospecting for mineral resources, as
defined by law, by geological, geochemical or geophysical surveys, remote sensing, test pitting,
trenching, drilling, shaft sinking, tunneling or any other means, for the purpose of determining
the existence, extent, quantity, and quality of resources in an area, and the feasibility of utilizing
these resources for profit;

(m) Gear refers to any instrument or device and its accessories utilized in taking,
catching, gathering, killing, hunting, destroying, disturbing, removing, or possessing resources
within the protected area;

(n) Genetically modified organism (GMO) refers to any living organism that possesses
a novel combination of genetic material through the use of modem biotechnology;

(0) Hunting refers to the killing or catching of wild fauna for food and recreational
purposes, with the use of weapons such as guns, bow and arrow, spears, traps and snares, and
the like;

(p) Integrated Protected Area Fund (IPAF) refers to the special account established for
the purpose of financing projects of the NIPAS and individual protected areas;

(q) Invasive alien species refer to species introduced deliberately or unintentionally

outside their natural habitats where they have the ability to establish themselves, invade,
‘outcompete native species, and take over the new environment;

Page |S


(®) Kaingin refers to the slash-and-burn cultivation of vegetated land in a protected area,
whether occupied or not, shifting and permanent with little or no provision to prevent soil
erosion;

(s) Multiple-use zone refers to the area where settlement, traditional and sustainable
land use including agriculture, agroforestry, extraction activities, and income generating, or
livelihood activities may be allowed to the extent prescribed in the protected area management
plan;

(u) National Integrated Protected Areas System (NIPAS) refers to the classification and
administration of all designated protected areas to maintain essential ecological processes and
life-support systems, to preserve genetic diversity, to ensure sustainable use of resources found
therein, and to maintain their natural conditions to the greatest extent possible;

(v) National park refers to the lands of the public domain classified as such in the
Constitution which include all areas under the NIPAS pursuant to this Act, primarily designated
for the conservation of native plants and animals, their associated habitats and cultural
diversity;

(w) Occupying refers to a continuous stay of individuals or groups within a protected
area, whether residing or engaging in the cultivation of land or fishing for more than twenty-
four (24) hours;

(x) Poaching refers to gathering, collecting, or possessing products or natural resources
from the protected area by any individual person, corporation or entity whether local or foreign;
in the case of marine protected areas, operating any foreign fishing vessels by any person,
corporation, or entity without a permit;

(y) Protected area refers to identified portions of land and/or water set aside by reason
of their unique physical and biological significance, managed to enhance biological diversity
and protected against destructive human exploitation;

(2) Protected area occupants refer to persons who are residing, utilizing, and cultivating
areas within the protected area. These include private owners, IPs, tenured migrants and
informal settlers;

(aa) Protected Area Retained Income Account refers to the trust fund maintained by any
protected area and administered by the respective Protected Area Management Boards (PAMB)
created pursuant to this Act representing the seventy-five percent (75%) of revenues generated
from the protected area to support its operation and management;

(bb) Protected landscape and/or seascapes refer to areas of national significances
which are characterized by the harmonious interaction of man and land and water while
providing opportunities for public enjoyment through recreation, tourism, and other economic
activities;

(cc) Protected species refer to plants or animals declared protected under Philippines
laws, rules, and regulations. These shall include all species listed under the Convention on
International Trade in Endangered Species of Wild Fauna and Flora and all its Annexes, the

Page | 6


Convention on the Conservation of Migratory Species (CMS), those specified under the red-
list categories of the International Union for Conservation of Nature and Natural Resources
(IUCN), or any plant or animal which the Department of Environment and Natural Resources
(DENR), PAMB or any government agency may deem necessary for conservation and
preservation in the protected area;

(dd) Quarrying refers to the process of extracting, removing, and disposing sand,
gravel, guano, limestone, and all other resources used as building and construction materials
that are found within the protected area;

(ee) Resource reserve refers to an extensive, relatively isolated, and uninhabited area
which is difficult to access and is designated to protect the natural resources of the area for
future use and prevent or contain development activities that could affect the resources,
pending the establishment of sustainable resource utilization goals which are based upon
appropriate information and planning;

(ff) Special Account in the General Fund (SAGE) refers to the trust fund deposited in
the national treasury representing the twenty-five percent (25%) of the revenues generated from
the operation of individual protected area and earmarked to support the NIPAS;

(gg) Strict Protection zone refers to an area possessing some outstanding ecosystem,
features, and species of flora and fauna of national scientific importance that should be
maintained to protect and preserve nature in its undisturbed state and to preserve ecologically
representative examples of the natural environment to ensure their availability, or degraded
areas that have been designated for restoration and subsequent protection, even if these areas
are still in various stages of regeneration; and shall be closed to all human activity except for
scientific studies, environmental monitoring, education, and for the maintenance of genetic
resources in a dynamic and evolutionary state may include habitats of threatened species;

(hh) Tenured migrants refer to protected area occupants who have been actually,
continuously and presently occupying a portion of the protected area for five (5) years before
the proclamation or law establishing the same as a protected area, and are solely dependent
therein for subsistence,

(ii) Threatened species refer to species or subspecies considered critically endangered,
vulnerable, or other accepted categories of wildlife whose population is at risk of extinction;

(jj) Wetlands refer to a wide variety of inland habitats such as marshes, peatlands,
floodplains, rivers and lakes, and coastal areas such as saltmarshes, mangroves, intertidal
mudflats and seagrass beds, and also coral reefs and other marine areas no deeper than six (6)
meters at low tide, as well as human-made wetlands such as dams, reservoirs, rice paddies and
‘wastewater treatment ponds and lagoons; and

(kk) Wildlife refers to the wild forms and varieties of flora and fauna, in all
developmental stages, including those which are in captivity or are being bred, fed, or
propagated.

SEC. 5. Buffer Zone. — When necessary, the DENR Secretary, upon the

recommendation of the PAMB, may designate areas surrounding the protected areas as buffer
zones for the purpose of providing extra layer of protection where restrictions may be applied:

Page |7


Provided, that, in cases where the designated buffer zone would cover private lands, the owners
thereof shall be required to design their development with due consideration to the protected
area management plan.

SEC. 6. Management Plan. — Within one (1) year from the establishment of the
protected area, there shall be a management plan formulated for each protected area that shall
serve as the basic long-term framework plan for the management of the protected area and
guide in the preparation of its annual operations plan and budget.

‘The management plan shall, at the minimum, promote the adoption and implementation
of innovative management techniques including, when necessary, zoning, buffer zone
management, habitat conservation and rehabilitation, diversity management, community
organizing and development, socioeconomic and scientific researches, site-specific policy
development, climate change adaptation and mitigation, disaster risk reduction and
management, waste sewerage and septic management, and gender and development, among
others.

SEC. 7. Management of the Manito Protected Seascape. — The management and
administration of the protected area shall be vested with the Protected Area Management Board
(PAMB): and placed under the control and administration of the DENR through the
Biodiversity Management Bureau (BMB) through National Integrated Protected Areas System
(NIPAS)

SEC. 8. Protected Area Management Board (PAMB). ~ Within three (3) months after
the effectivity of this Act, a PAMB shall be created for each of the protected areas designated
as initial component, established by presidential proclamation, and declared by law. The Board
shall be composed of the following:

(a) DENR Regional Director under whose jurisdiction the protected area is located, as
Chairperson;

(b) Governor/s of the province/s where the protected area is located or their duly
designated representative/s;

(c) A Senator of the Republic of the Philippines who is duly registered resident of the
city or province where the protected area is located or a duly authorized representative, unless
the Senator declines membership in the PAMB;

(d) District Representative/s of the Congressional district/s where the protected area is
located or their duly designated representatives, unless the District Representative declines
membership in the PAMB;

(e) Mayors of the city/cities or municipality/municipalities where the protected area is
located or their duly designated representativels;

(£) Chairperson/s of the barangay/s where the protected area is located;
(g) Regional Directors of the following government agencies, namely: The Department

of Agriculture (DA), the National Economic and Development Authority (NEDA), the
Department of Science and Technology (DOST), the Philippine National Police (PNP), and the

Page | 8


Department of National Defense (DND);

(h) Three (3) representatives from either an NGO or PO, duly accredited both by the
DENR and the provincial government. The NGO or PO represented should have been in
existence for at least five (5) years and with track record in or related to the protected area
management;

(i) At least one (1) but not more than three (3) representatives from all the IPs/ICCs
present in the area and recognized by the National Commission on Indigenous Peoples (NCIP);

(j) One (1) representative from an academic institution, preferably from a university or
college in the province where the protected area is located, with proven track record in or
related to the protected area management;

(k) One (1) representative from the private sector, preferably a resident of the province
where the protected area is located, who is distinguished in a profession or field of interest
relevant to the protected area management;

(1) Ex officio members or members of the PAMB by virtue of their elective or
appointive government positions as specified in the immediately preceding subparagraphs (a),
(b), (©), (@), (€), (£) and (g), shall serve for the duration of their respective terms of office in
their respective elective or appointive government positions;

(m) On the other hand, the members of the PAMB specified under subparagraphs (h),
(i), (j), and (k) of this section shall be appointed by the DENR Secretary after the conduct of a
transparent and fair selection process. They shall each serve a term of three (3) years and may
be reappointed for another term;

(n) The members of the PAMB shall serve without compensation, except for the actual
and necessary traveling and subsistence expenses incurred in the performance of their duties,
either in their attendance in meetings of the PAMB or in connection with other official business
authorized through a resolution of the PAMB or in connection with other official business
authorized through a resolution of the PAMB, subject to existing rules and regulations. Each
member shall have the full capacity and accountability for decisions binding to the member's
sector; and

(0) The PAMB members duly appointed prior to the effectivity of this Act shall
continue their term until the expiration of their appointment. Thereafter, members of the
management board shall be appointed in accordance with the provisions of this Act: Provided,
That the Regional Director of the DENR shall ensure that the relevant members of the PAMB.
are duly appointed by the DENR Secretary: Provided, further, That at least forty percent (40%)
of the PAMB members shall be women, pursuant to Republic Act No. 9710 or ‘The Magna
Carta of Women’;

‘A member of the PAMB may be removed for any of the following grounds:
(1) More than three (3) consecutive unexcused absences from regular meetings of the
management board;

(2) Commission of acts prejudicial to the management of protected areas as embodied
in Section 20 hereof and/or other existing rules and regulations governing protected

Page |9


areas;
(3) Disassociation from the office or organization being represented;

(4) Termination of relationship with the office or organization being represented; or
(5) Conviction by final judgment of any criminal act.

SEC. 9-A. Powers and Functions of the PAMB. ~The PAMB shall have the following
powers and functions:

(a) Oversee the management of the protected area;

(b) Approve policies, plans and programs, proposals, agreements and other related
documents for the management of the protected areas;

(c) Approve the management plan of the protected area and ensure its harmonization
and integration with the ADSDPP, land use plan and other development plan, public or private,
and its implementation;

(d) Adopt a manual of operations to include rules of procedures in the conduct of
business and the creation of committees and their respective terms of reference;

(e) Recommend the deputation of appropriate agencies and individuals for the
enforcement of the laws, rules and regulations governing the management of the protected area;

(f) Allocate financial resources for the implementation of the management plan and
manage the Protected Area Retention Income Account and other funds in accordance with the
accounting and budgeting rules and regulations;

(g) Set fees and charges in accordance with existing guidelines;

(h) Issue rules and regulations for the resolution of conflicts through appropriate and
effective means;

(i) Recommend appropriate policy changes to the DENR and other government
authorities;

(Gj) Monitor and assess the performance of the Protected Area Superintendent (PASU)
and other protected area personnel and compliance of partners with the terms and conditions
of any undertaking, contract or agreement;

(k) Recommend from among a shortlist of qualified candidates, the designation or
appointment of the PASU; and

(1) Assess the effectiveness of the management of the protected area: Provided, That the
members of the management board representing the LGUs and national agencies in the PAMB
shall inform their respective constituents, offices or sectors, of PAMB-approved or other
televant policies, rules, regulations, programs, and projects and shall ensure that the provisions
of this Act and its implementing rules and regulations are complied with, and used as reference
and framework in their respective plans, policies, programs, and projects. Failure to comply
with the foregoing shall be the basis for disciplinary action against such member according to
administrative rules and regulations and such penalties as the PAMB may provide: Provided,

Page | 10


further, That the DENR, through the Regional Director, shall ensure that the PAMB acts within
the scope of its powers and functions. In case of conflict between the resolutions issued by the
PAMB and the existing administrative orders of national application, the latter shall prevail

SEC. 9-B. The Protected Area Management Office (PAMO). ~ There is hereby
established a Protected Area Management Office (PAMO) to be headed by a Protected Area
Superintendent (PASU) with a permanent plantilla (Salary Grade 24) position who shall
supervise the day to day management, protection and administration of the protected area. A
sufficient number of support staff with permanent plantilla position shall be appointed by the
DENR to assist the PASU in the management of the protected area.

The PASU shall be primarily accountable to the PAMB and the DENR for the
management and operations of the protected area. Pursuant thereto, the PASU shall have the
following duties and responsibilities:

(a) Prepare the management plan, in consultation with the stakeholders, including the
annual work and financial plans and ensure its implementation;

(b) Ensure the integration of the protected area management plans, programs, projects,
and policies with relevant national and LGUs’ plans and programs;

(c) Provide secretariat services to the PAMB and its committees and ensure the
availability of relevant and timely information for decision-making;

(d) Formulate and recommend to the PAMB proposed policies, rules, regulations and
programs;

(e) Establish, operate, and maintain database management system which shall be an
important basis for decision-making;

(f) Enforce the laws, rules and regulations relevant to the protected area, commence and
institute administrative and legal actions in collaboration with other government agencies or
organizations, and assist in the prosecution of offenses committed in violation of this Act;

(g) Monitor, evaluate, and report the implementation of management activities of the
protected area;

(h) Request for and receive any technical assistance, support or advice from any agency
or instrumentality of the government as well as academic institutions, NGOs, and the private
sector, as may be necessary for the effective management, protection and administration of the
protected area;

(i) Issue permits and clearances for activities that implement the management plan and
other permitted activities in accordance with terms, conditions, and criteria established by the
PAMB: Provided, That all permits for extraction activities, including collection for research
purposes, shall also continue to be issued by relevant authorities, subject to prior clearance
from the PAMB, through the PASU, in accordance with the specific acts to be covered;

(j) Collect and/or receive pertinent fees, charges, donations, and other income for the
protected area: Provided, that such fees, charges, donations, and other income

Page | 11


collected/received shall be reported regularly to the PAMB and the DENR in accordance with
existing guidelines;

(k) Prepare and recommend to the PAMB, approval of the annual work and financial
plans of the protected area based on the management plan;

(1) Perform such other functions as the PAMB and the DENR may assign; and

(m) The PAMO may be augmented by the deputized local environment and natural
resources officers upon the recommendation of the PAMB and approval of the DENR.

SEC. 10. Environmental Impact Assessment (EIA). ~ Considering that protected areas
are environmentally critical areas, the proponent of development projects and activities with
potentially significant adverse impacts as determined by the Environmental Management
Bureau (EMB), whether or not these projects or activities are included in the management plan,
shall secure an Environmental Compliance Certificate (ECC) in accordance with the Philippine
Environment Impact Statement (EIS) System: Provided, That for development projects and
activities that are not environmentally critical, an initial environmental examination (IEE) shall
be undertaken instead of a full-blown EIA. No project or activity may be undertaken by any
project proponent without prior clearance from the PAMB. The DENR shall require the
submission of the PAMB clearance, among others, before issuing an ECC to a project
proponent.

No actual implementation of such activities shall be allowed without the required ECC
under the Philippine EIA System. Violations of environmental laws, rules and regulations,
including those under the EIA System, shall be penalized accordingly.

SEC. 11. Energy Resources. ~ Consistent with the policies declared in Section 2 hereof,
the exploration for energy resources may be allowed in protected areas only for the purpose of
gathering data and information and only if such activity is carried out with the least damage to
surrounding areas.

Surveys for nonrenewable energy projects shall be conducted only in accordance with
a program approved by the DENR, and the result of such surveys shall be made available to
the public and submitted to the President who shall make the appropriate recommendations to
Congress. The development and operation of nonrenewable energy projects are prohibited in
strict protection zone.

Renewable energy projects may be allowed within the protected area by the PAMB
with the concurrence of the DENR Secretary: Provided, that renewable energy projects, which
shall be located outside the strict protection zones, shall undergo the EIA as provided by law,
and shall adopt reduced impact technologies so as not to be detrimental to ecosystem functions,
biodiversity, cultural practices and traditions: Provided, that sufficient bond shall be remitted
by the proponent to the DENR. The amount of which will be based on damage estimation upon
decommissioning and projected cause of rehabilitation. It shall be released to the depositor
upon the satisfactory decommissioning of all equipment, structures and improvements and the
rehabilitation of the site according to the zones and objectives of the management plan as
attended to by the PAMB.

SEC. 12. Areas Under the Management of Other Departments and Government

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Instrumentalities. - Should there be protected areas, or portions thereof, under the jurisdiction
of government instrumentalities other than DENR, such jurisdiction shall remain in the said
department or government instrumentality: Provided, That the DENR shall retain its oversight
function over such protected areas, and the concerned agency shall provide annual reports on
the management of said areas focusing on the conservation of the biodiversity therein.

SEC. 13. Integrated Protected Area Fund (IPAF). ~ There is hereby established a trust
fund to be known as Integrated Protected Area Fund (IPAF) for purposes of financing the
Projects and sustaining the operation of protected areas and the System. Income generated from
the operation and management of the protected area shall accrue to the IPAF. The income shall
be derived from fees and charges from the use of resources and facilities of protected areas;
contributions from industries and facilities directly benefiting from the protected area: and such
other fees and income derived from the operation of the protected area.

The PAMB shall retain seventy-five percent (75%) of all revenues raised through the
above means, which shall be deposited in the Protected Area-Retained Income Account (PA-
RIA) in any authorized government depository bank within the locality: Provided, That
disbursements out of such deposits shall be used solely for the protection, maintenance,
administration, and management of the protected area and implementation of duly approved
projects of the PAMB

Grants, donations, and endowments from various sources, domestic or foreign, shall be
deposited in full in a special account in the National Treasury to be used for the purpose
specified in the deeds and instruments covering them.

Voluntary or legislated payments for ecosystem goods and services, including fines,
penalties, and compensation for damages from protected area offenses shall accrue fully to the
PA-RIA and shall be managed by the PAMB.

The remaining twenty-five percent (25%) of revenues shall be deposited as a special
account in the General Fund in the National Treasury for purposes of financing the projects of
the System.

The use of the IPAF shall be in accordance with existing accounting, budgeting, and
auditing rules and regulations: Provided, further, That the IPAF shall not be used to cover
personal services expenditures

‘The DENR shall submit to the Department of Budget and Management (DBM) and the
Department of Finance (DOF) quarterly reports on the financial and physical accomplishments
on the utilization of the IPAF and other documents as may be required by the DBM, and shall
furnish a copy of the same to the House Committee on Appropriations and the Senate
Committee on Finance.

SEC. 14, Tax Exemption. — All grants, bequests and endowments, donations and
contributions made to the protected area fund to be used actually, directly, and exclusively by
the protected area, shall be exempted from donor’s tax and shall be considered as allowable
deduction from the gross income of the donor for the purpose of computing the taxable income
of the donor in accordance with the provisions of the National Internal Revenue Code of 1997,
as amended.

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SEC. 15. 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 shalll have
the authority to investigate and search premises and buildings and make arrests in accordance
with the rules on criminal procedure for the violation of laws and regulations relating to
protected areas. Persons arrested shall be brought to the nearest police precinct for
investigation.

Nothing herein mentioned shall be construed as preventing regular enforcers and police
officers from arresting any person in the act of violating said laws and regulations.

SEC. 16. Special Prosecutors and Retained Counsel. — Within thirty (30) days from the
effectivity of this Act, the Department of Justice (DOJ) shall appoint special prosecutors to
prosecute violations of laws, rules and regulations in protected areas. The special prosecutor
shall coordinate with the PAMB and the PASU in the performance of duties and assist in the
training of wardens and rangers in arrest and criminal procedures. The PAMB may retain the
services of counsel to prosecute and assist in the prosecution of cases under the direct control
and supervision of the regular or special prosecutor. Said counsel shall also represent and
defend the members of the PAMB, PASU and the staff, or any DENR-deputized individual
and volunteer, against any legal action arising from the performance of their powers, functions
and responsibilities as provided in this Act.

SEC. 17. 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:

(a) Poaching, killing, destroying, disturbing of any wildlife including in private lands
within the protected areas;

(b) Hunting, taking, collecting, or possessing of any wildlife, or by-products derived
therefrom, including in private lands within the protected area without the necessary permit,
authorization or exemption: Provided, That the PASU as authorized by the PAMB shall issue
a permit, authorization or exemption only for culling, scientific research, the exceptions
provided under Section 27(a) of Republic Act No. 9147 (Wildlife Resources, Conservation and
Protection Act) or harvests of nonprotected species in multiple-use zones by tenured migrants
and IPs;

(c) Cutting, gathering, removing or collecting timber within the protected area including
private lands therein, without the necessary permit, authorization, certification of planted trees
or exemption such as for culling exotic species; except, however, when such acts are done in
accordance with the duly recognized practices of the IPs/ICCs for subsistence purposes;

(d) Possessing or transporting outside the protected area any timber, forest products,
wildlife, or by-products, derived therefrom which are ascertained to have been taken from the
protected area other than exotic species, the culling of which has been authorized under an
appropriate permit;

(e) Using any fishing or harvesting gear and practices or any of their variations that

destroys coral reefs, seagrass beds or other marine life and their associated habitats or terrestrial
habitat as may be determined by the DA or the DENR: Provided, That mere possession of such

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gears within the protected areas shall be prima facie evidence of their use;

(6) Dumping, throwing, using or causing to be dumped into or placed in the protected
area of any toxic chemical, noxious or poisonous substance or nonbiodegradable material,
untreated sewage or animal waste products or products whether in liquid, solid or gas state,
including pesticides and other hazardous substances as defined under Republic Act No. 6969,
otherwise known as the ‘Toxic Substances and Hazardous and Nuclear Wastes Control Act of
1990" detrimental to the protected area or to the plants and animals or inhabitants therein;

(g) Operating any motorized conveyance within the protected area without permit from
the PAMB, except when the use of such motorized conveyance is the only practical means of
transportation of IPs/ICCs in accessing their ancestral domain/land:

(h) Altering, removing, destroying or defacing boundary marks or signs;

(i) Engaging in ‘kaingin’ or in any manner, causing forest fires inside the protected area;

(j) Mutilating, defacing, destroying, excavating, vandalizing or, in any manner,
damaging any natural formation, religious, spiritual, historical sites, artifacts and other objects
of natural beauty, scenic value or objects of interest to IPs/ICCs;

(k) Damaging and leaving roads and trails in damaged condition;

(I) Littering or depositing refuse or debris on the ground or in bodies of water;

(m) Possessing or using blasting caps or explosives anywhere within the protected area;

(a) Occupying or dwelling in any public land within the protected area without
clearance from the PAMB;

(0) Constructing, erecting, or maintaining any kind of structure, fence or enclosure,
conducting any business enterprise within the protected area without prior clearance from the
PAMB and permit from the DENR, or conducting these activities in a manner that is
inconsistent with the management plan duly approved by the PAMB;

(p) Undertaking mineral exploration or extraction within the protected area;
(q) Engaging in commercial or large-scale quarrying within the protected area;

(r) Establishing or introducing exotic species, including GMOs or invasive alien species
within the protected area;

(s) Conducting bioprospecting within the protected area without prior PAMB clearance
in accordance with existing guidelines: Provided, that in addition to the penalty provided
herein, any commercial use of any substance derived from nonpermitted bioprospecting within
a protected area will not be allowed and all revenue earned from illegal commercialization
thereof shall be forfeited and deposited as part of the IPAF;

(t) Prospecting, hunting or otherwise locating hidden treasures within the protected
area,

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(u) Purchasing or selling, mortgaging or leasing lands or other portions of the protected
area which are covered by any tenurial instrument; and

(v) Constructing any permanent structure within the forty (40)-meter easement from the
high-water mark of any natural body of water or issuing a permit for such construction pursuant
to Article 51 of Presidential Decree No. 1067: Provided, that construction for common usage
wharves and shoreline protection shall be permitted by the PAMB only after thorough EIA.

SEC. 18. Penalties. — Violations under this Act shall be subject to the following
penalties:

(a) A fine of not less than Two hundred thousand pesos (P200,000) but not more than
One million pesos (P1,000,000) or imprisonment from one (1) year but not more than six (6)
years, or both, plus damages of triple the value of the said resources, or both, shall be imposed
upon any person who violates paragraphs (a) to (e) of Section 20 herein;

(b) A fine of not less than Two hundred thousand pesos (P200,000) but not more than
One million pesos (P1,000,000) or imprisonment from one (1) year but not more than six (6)

years, or both, shall be imposed upon any person who violates paragraphs (f) to (n) of Section
20 herein;

(©) A fine of not less than One million pesos (P1,000,000) but not more than Five
million pesos (P5,000,000) or imprisonment from six (6) years but not more than twelve (12)
years, or both, shall be imposed upon any person who violates paragraphs (0) to (v) of Section
20 herein;

(d) A fine of Fifty thousand pesos (P50,000) daily shall be imposed on the owner of
existing facilities within a protected area under Section 24 of this Act, if the existence of the
same and its future plans and operations will be detrimental to the protected area. For every
continuing violation, or if the violation continues to be committed for thirty (30) days and upon
reaching a total fine of Five hundred thousand pesos (P500,000), the PAMB through the PASU
and other deputized government entities, shall cause the cessation of operation and either forfeit
in favor of the PAMO or demolish the facility at the cost of its owner. If the facility is
government-owned, the agency in charge shall submit a plan for a substitute facility that
complies with the protected area standards and, within one (1) year, execute the approved
protected area management plan; and

(e) Administrative fines of not less than Fifty thousand pesos (P50,000), but not
exceeding Five million pesos (P5,000,000), shall be imposed by the DENR Secretary for the
violation of any rule, regulation, or provision of any agreement reached with the PAMB:
Provided, That if an area which has sustained damage from any activity conducted therein
requires rehabilitation or restoration as determined by the court, the offender shall be required
to restore or pay compensation for such damages, which payment shall accrue to the IPAF.

On the basis of a court order, the DENR shall cause the eviction of an offender from
the protected area: Provided, that in cases of emergency, the DENR Secretary may order the
immediate exit or departure of the offender from the protected area. The DENR Secretary may
call on other enforcement agencies to assist in executing the order to vacate.

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An emergency occurs when there is a demonstrated impending threat to human life and
biodiversity or to species found within the ecosystem of the protected area.

All minerals, timber or species collected or removed from the protected area, including
all equipment, devices, conveyances, and firearms used in connection therewith, shall be
forfeited in favor of the government, and any construction or improvement made thereon by
the offender shall be subject to confiscation by the PAMO, subject to the application of due
process.

The conveyances, vessels, equipment, paraphernalia, implements, gears, tools and
similar devices used in the commission of the crime shall be dealt with in accordance with Part
4, Rule 12 (Custody and Disposition of Seized Items, Equipment, Paraphernalia, Conveyances
and Instruments) of Administrative Matter No. 09-6-8-SC (Rules of Procedure for
Environmental Cases) issued by the Supreme Court. However, in no case shall any confiscated
or rescued protected animal species be sold or in any manner disposed of but shall be
immediately turned over to the PAMO for rehabilitation and release to its natural habitat,
subject to existing regulations. Valuation of the damage shall take into account biodiversity
and conservation considerations as well as aesthetic and scenic value. The valuation and
assessment by the DENR, in coordination with other concerned government agencies, shall be
presumed regular, unless otherwise proven by preponderance of evidence.

If the offender is an association or corporation, the president or manager, who is proven
to have participated in or have actual knowledge of any violation against the provisions of this
Act shall be directly liable for the act of the employees and laborers: Provided, finally, That
the DENR may impose administrative fines and penalties consistent with this Act.

Any person who shall induce another or conspire to commit any of the acts prohibited
in this Act, or force their workers to commit any of the same, shall be liable as principal.

The penalties specified in this section shall be in addition to the penalties provided in
Republic Act No. 9072 or the ‘National Caves and Cave Resources Management and
Protection Act’, Republic Act No. 9147 or the ‘Wildlife Resources Conservation and
Protection Act’, Republic Act No. 8550 or the ‘Philippine Fisheries Code of 1998” and other
related laws.

The conviction of a public officer or officer of the law whether from the LGU or any
national government agency for any violation of the provisions of this Act shall carry the
accessory penalty of perpetual disqualification from public office.

SEC. 19. Existing Rights. — All property and private rights within the protected area and
its buffer zones already existing and/or vested upon the effectivity of this Act shall be protected
and respected in accordance with existing laws: Provided, That the exercise of such property
and private rights shall be harmonized, as far as practicable, with the provisions of this Act.
Notwithstanding this Act, all existing contracts, or agreements entered into by government for
the utilization of natural resources within protected areas shall review, amended or terminated
in order to assure that it will be consistent with this Act.

The renewal of permits, contracts, and agreements shall be subject to the provisions of
this Act. If the permits, contracts, and agreements are not renewed, such areas shall be
rehabilitated or restored by the permit holders within the period provided by the pertinent laws

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and shall revert to national parks classification. As such, all holders of permits, contracts, and
agreements are required to prepare and submit a rehabilitation plan to the PAMB: Provided,
that upon renewal, a sufficient bond shall be remitted by the proponent to the DENR to be
released to the depository bank in the event of damage by or closure of the establishment after
satisfactory rehabilitation according to the zones and objectives of the management plan as
attested to by the PAMB.

‘The occupation of LGUs and communities within the protected area shall be respected
Within ninety (90) days after the creation of the PAMB, the Board shall assess the physical
occupation of said LGUs and communities within protected areas and recommend to proper
authorities measures to ensure the protection of their well-being. Municipalities and cities with
existing townships and town centers within the protected area shall continue to occupy such
townships and town centers: Provided, That in the development of their CLUPs and barangay
development plans, due consideration shall be given to the intended use for conservation and
biodiversity as well as the objectives for protected areas to keep human habitation and
environmental conservation in harmony.

SEC. 20. Tenured Migrants and Other Protected Area Occupants. — Tenured migrants
shall be eligible to become stewards of portions of lands within multiple-use zones. The PAMB
shall identify, verify and review all tenurial instruments, land claims, and issuances of permits
for resource use within the protected area and recommend the issuance of the appropriate tenure
instrument consistent with the zoning provided in the management plan and the provisions of
this Act.

Should areas occupied by tenured migrants be designated as zones in which no
occupation or other activities are allowed pursuant to the attainment of sustainable
development, the provision for the transfer of the tenured migrants to multiple-use zones or
buffer zones shall be accomplished through just and humane means: Provided, that protected

area occupants who are not qualified as tenured migrants shall be resettled outside the protected
area.

‘The rights of the tenured migrants may be transferred only to the spouse or one of their
direct descendants listed at the time of the survey.

In the event of termination of a tenurial instrument for cause or by voluntary surrender
of rights, the PASU shall take immediate steps to rehabilitate the area.

Following the protected area occupants survey required under Section 5(c)1) hereof,
the DENR Regional Director shall submit to the BMB within two (2) years from the passage
of this Act, the final list of tenured migrants, which shall be the basis for tenured migrant
recognition and issuance of tenurial instruments. Within the two (2)-year period, the DENR
Regional Director shall submit accomplishment report every six (6) months

The DENR through the BMB shall issue guidelines for the determination of the
reckoning period for the recognition of the tenured migrants.

SEC. 21. Existing Facilities Within the Protected Area. ~ Within sixty (60) days from
the effectivity of this Act, an inventory of all existing facilities such as roads, buildings and
structures, water systems, transmission lines, communication facilities, heavy equipment, and
irrigation facilities, among others, within the protected area shall be conducted.

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The DENR Regional Director shall submit the inventory of facilities with
corresponding descriptions and an assessment report containing the appropriate
recommendations to the DENR Secretary through the BMB.

The PAMB, with the assistance of the DENR, may impose conditions for the
continuous operation of a facility found to be detrimental to the protected area until its eventual
relocation. If the conditions are violated, the owner of the facility shall be made liable pursuant
to Section 21 hereof.

Existing facilities allowed to remain within the protected area shall be charged a
reasonable fee by the PAMB based on existing guidelines. Structures found within the forty
(40)-meter easement shall be demolished unless proven necessary to protect the shoreline and
mitigate habitat destruction. The PAMB shall levy a reasonable fee for the use of such easement
for their continued operations. Wharves shall be kept accessible to the public.

SEC. 22. Special Uses Within Protected Areas. ~ Consistent with Section 2 hereof,
special uses may be allowed within protected areas except in strict protection zones and strict
nature reserves, The PAMB may recommend the issuance of tenurial instrument subject to
compliance to ECC and payment of corresponding user fee equivalent to five percent (5%) of
the zonal value of commercial land within the nearest barangay or municipality where the
project is located multiplied by the area of development plus one percent (1%) value of
improvement as premium: Provided, That the activity shall not be detrimental to ecosystem
functions and biodiversity, and cultural practices and traditions.

A sufficient bond shall be remitted by the proponent to the DENR to be released to the
depository bank in the event of damage by or closure of the establishment after satisfactory

rehabilitation according to the zones and objectives of the management plan as attested to by
the PAMB.

SEC. 23. Local Government Units (LGUs). - The LGUs within the protected area shall
participate in its management through representation in the PAMB as provided for in this Act.
Said LGUs may appropriate portions of their share from the annual internal revenue allotment
and other income for use of the protected area: Provided, that all funds directly coming from

the LGUs shall be exempted from the twenty-five percent (25%) remittance requirement for
the IPAF.

The LGUs shall continue to impose and collect other fees not enumerated under Section
16 hereof which they have traditionally collected, such as business permits and rentals of LGU
facilities: Provided, That the LGUs shall not impose property tax on properties owned by the
government nor issue any tax declaration for areas covered by the protected area. Furthermore,
LGUs may charge add-ons to fees imposed by the PAMB: Provided, that such add-ons shall
be based on the contribution of the LGUs in the maintenance and protection of the protected
area

LGUs with territory inside protected areas shall align their CLUPs, local development
plans, disaster risk reduction management plans and other required plans. Within six (6) months
from the approval of the protected area management plan, the PAMB and the PASU shall
collaborate with the LGU concerned in the formulation of the CLUP and other local plans and
in the enforcement thereof. The concerned LGU official shall be held administratively and

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criminally liable for failure to enforce and/or implement the provisions of this Act.

SEC. 24. Reporting Responsibility. - The PASU, through the PAMB, shall submit an
annual accomplishment report of the protected area to the Secretary of the DENR through the
BMB. A report on the conditions and benefits of the biological resources and ecosystem
services of the protected area shall also be submitted by the PASU, through channels, to the
Secretary of the DENR every five (5) years. Consequently, the BMB shall likewise prepare a
National State of Protected Areas (NSPAs) report every five (5) years and shall submit the
same to the President, the Senate and the House of Representatives.

SEC. 25. Appropriations, ~The Secretary of the DENR shall immediately include in
the DENR’s program the implementation of this Act, the funding of least two (2) million pesos
shall be included in the annual General Appropriations Act annually.

SEC. 26. Construction and Interpretation. ~ The provisions of this Act shall be
construed liberally in favor of the protection and rehabilitation of the protected area and the
conservation and restoration of its biological diversity, taking into account the needs and
interests of qualified tenured migrants, vested rights, IPs and local communities, and the
benefits from ecosystem services and functions of protected areas, for present and future
generations: Provided, That nothing in this Act shall be construed as a diminution of local
autonomy or in derogation of ancestral domain rights under the Indigenous Peoples’ Rights
Act of 1997.

SEC. 27. Subsequent Site-Specific Legislation. - Upon the generation of site-specific
requirements for new legislation, the PAMB, through the DENR, shall endorse to Congress for
its consideration and enactment site-specific proposals to appropriately respond to the distinct
and particular needs and conservation requirements of the protected areas in each locality.
Protected areas that may be later established or declared pursuant to this Act shall likewise
undergo the same requirements of site-specific legislation.”

SEC. 28. Implementing Rules and Regulations (IRR). — Within sixty (60) days from the
effectivity of this Act, the DENR Secretary shall, in consultation with other concerned
government agencies, the industry representatives and nongovernment organizations,
promulgate the necessary rules and regulations for the effective implementation of this Act.

SEC. 29, Transitory Provision. — In order to enhance biological diversity and to develop
sustainable livelihood opportunities for tenured migrants, the DENR shall henceforth cease to
issue concessions, licenses, permits, clearances, compliance documents or other instruments
that allow utilization of resources within the protected area until the management plan shall
have been put into effect.

Allexisting land use and resource use permits issued for purposes which are authorized
within the protected area shall be reviewed and shall not be renewed upon their expiration
unless consistent with the management plan and approved by the PAMB.

SEC. 30. Separability Clause. — If any provision of this Act is held invalid or
unconstitutional, the other provisions not affected thereby shall remain in full force and effect.

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SEC. 31. Repealing Clause. — All laws, presidential decrees, executive orders, rules and
regulations and other issuances or parts thereof which are inconsistent with the provisions of
this Act are hereby repealed, amended or modified accordingly.

SEC. 32. Effectivity. -- This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in at least two (2) newspapers of general circulation in the Philippines.

Approved,

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