7 
JUN 30 P Z  155 
FOURTEENTH CONGRESS 
1 
FIRST REGULAR SESSION 
1 
OF THE REPUBLIC OF THE PHILIPPINES ) 
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171 
SENATE 
Senate Bill No. 
, 
Introduced by Sen. M.A. 
Madrigal 
EXPLANATORY NOTE 
The Tubbataha Reef is located within Central Sulu Sea. It is part of the 
Sulu West Sea Marine Triangle under the jurisdiction of Cagayancillo, Palawan. 
It is made up of two atolls, the North Reef and South Reef. 
The Tubbataha Reef is home to seven (7) species of seagrasses, which are 
food for the endangered marine turtle, and seventy-one (71) algae, and four 
hundred seventy-nine species of marine fishes. 
Eighty-six percent (86%) of the total coral species in the Philippines are 
found in Tubbataha Reef area. The fish biomass in the Tubbataha Reef is more 
than average. It is the rookery of twenty-three species of migratory and resident 
sea birds, some of which is globally threatened. It is a nesting ground for two 
species of endangered marine turtles. 
Due to its biodiversity and ecological significance, the Tubbataha Reef 
Natural Park was declared a protected sanctuary in August 2006 through 
Presidential Proclamation No. 1126. 
In line with the State's policy of securing for the Filipino people of present 
and future generations the perpetual existence of all native plants and animals, it 
i s  incumbent upon the Congress to enact a law to provide for the management, 
protection, sustainable development and rehabilitation of the Tubattaha Reef 
Natural Park. This shall be established within the framework of the National 
Integrated Protected Area System (NIPAS) Act, or Republic Act of 7586, while 
considering the welfare and recognizing the rights of all the communities living 
therein especially the indigenous peoples. 
Passage of this Bill is thus urgent before the treasures of Tubbataha Reef 
are lost to the Philippines and the world. 


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_i 
, .  
FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
) 
7 
jus 30 ~ 2 5 5  
FIRST REGULAR SESSION 
1 
SENATE 
Senate Bill No. 171 
Introduced bu Sen. M.A. Madrigal 
AN ACT 
ESTABLISHING THE TUBBATAHA REEF NATIONAL MARINE PARK IN 
THE PROVINCE OF PALAWAN AS A NATURAL PARK UNDER THE 
NIPAS ACT (R.A. 7586) AND SEP LAW (RA 7611), PROVIDING FOR ITS 
MANAGEMENT AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
ARTICLE I 
TITLE, POLICIES AND OBJECTIVES 
SECTIONl. ShortTitle. This Act shall be known and referred to as the 
Tubbataha Reefs Natural Park Act of 2007. 
SECTION 2. DecZaration of Policy. It shall be the declared policy of the State to 
ensure the protection and conservation of the globally significant economic, 
biological, socio-cultural, educational, and scientific values of the Tubbataha 
Reefs into perpetuity for the enjoyment of present and future generations. These 
shall be pursued through sustainable and participatory management, taking into 
consideration all applicable laws and international conventions to which the 
Philippines is a signatory. 
SECTION 3. Definition of Terms. For purposes of this Act, the following terms 
shall be defined as follows: 
a) “BFAR“ shall refer to the Bureau of Fisheries and Aquatic Resource of 
the Department of Agriculture. 
b) ”Bioprospecting” shall refer to research, collection and utilization of 
biological and genetic resources for purposes of applying the knowledge derived 
therefrom solely for commercial purposes. 
c) ”Commercial fishers/fisherfoll<” shall refer to persons who catch fish 
and other fishery products using fishing vessels of more than three (3) gross tons. 


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d) "Coral" shall refer to all bottom dwelling animals under the phylum 
Cnidaria, which are a major part of the reef community. The definition includes 
four types of corals, 1) those that produce a hard skeleton out of calcium 
carbonate such as all scleractinian corals, the hydrozoan corals (firecorals), and 
the blue and red corals under the genera Heliopora and Tubipora; 2) the 
antipatharian or black corals with a rigid, chitinous skeleton; 3) the gorgonians 
with a horny and/or calcareous axis; and 4) the soft bodied anthozoans such as 
sea anemones, and the soft corals under the systematical group of Alcyonaria or 
Octocorallia. 
e) "DA" shall refer to the Department of Agriculture. 
f) "DENR' shall refer to the Department of Environment and Natural 
Resources. 
g) "DOJ" shall refer to the Department of Justice. 
h) "Electro-fishing" shall refer to the use of electricity generated by 
batteries, electric generator and other source of electric power to kill, stupefy, 
disable or render unconscious aquatic organisms, whether or not the same are 
subsequently recovered. "Exotic species" shall refer to species or subspecies that 
do not naturally occur within the biogeographic region of the TRNP at present or 
in historical time. 
i) "Explosives" shall refer to dynamite, other explosives or other chemical 
compounds that contain combustible elements or ingredients which upon 
ignition by friction, concussion, percussion or detonation of all or parts of the 
compound will kill, stupefy, disable or render unconscious any species. It aIso 
refers to any other substance and/or device, including blasting caps or any other 
component or part of explosive devices, which causes an explosion that is 
capable of producing the said harmful effects on any resources and capable of 
damaging and altering the natural habitat. 
j) "Gear" shall refer to any instrument or device and its accessories 
utilized in taking, catching, gathering, killing, hunting, destroying, disturbing, 
removing or possessing resources within the TRNP. 
k) "Kayakas" shall refer to the fishing method known as the local version 
of the muro-ami but smaller in size, using bamboo or trunk trees as scaring 
devices aisde from coconut or other leaves or materials to drive the fishes and 
other marine resources out of the coral reefs while at the same time pounding the 
corals. 
1) "Litter" or "Littering" shall refer to the disposal of small amount of non- 
biodegradable solid waste materials, such as, cigarette butts, candy wrappers, 
plastic bags, bottles, glasses, in the TRNMP which may cause or contribute to the 
deterioration of the resources or habitats in the TRNP. 


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m) "Municipal fishers/fisherfolk shall refer to persons who catch fish and 
other fishery products using fishing vessels of three (3) gross tons or less, or 
whose fishing does not require the use of fishing vessels. 
n) "Muro-ami" shall refer to the method used in reef fishing consisting of 
a movable bagnet, detachable wings and scarelines having plastic strips and 
iron/steel/stone weights, effecting fish capture by spreading the net in an arc 
around reefs or shoals and, with the use of the scarelines, a cordon of people 
drive the fish towards the waiting net while pounding the corals by means of 
heavy weights like iron/steel/stone or rock making it destructive to corals. 
0) "Non-Government Organization (NGO)" shall refer to any civic, 
developmental, 
environmental 
or 
philantrophic 
non-stock, 
non-profit 
organization, 
duly 
registered, 
having 
by-laws, 
democratically-elected 
representatives, with qualifications, expertise and objectivity in activities 
concerning community organizing and development, or resource and 
environmental conservation, management and protection related to the protected 
area. 
p) "Non-renewable Resources" shall refer to those resources found within 
the TRNMP, the natural replenishment rate of which is not known. 
q) "Noxious or Poisonous Substances" shall refer to any substance, plant 
extracts or juice thereof, sodium cyanide and/or cyanide compounds or other 
chemicals either in raw or processed form, harmful or harmless to human beings, 
which will kill, stupefy, disable or render unconscious any marine organism and 
capable of damaging and altering the natural habitat. 
r) "PAMB" shall refer to the Protected Area Management Board as 
provided for in Republic Act 7586, otherwise laown as the National Integrated 
Protected Areas System Act. 
s) "PCSD" shall refer to the Palawan Council for Sustainable Development 
as created under Republic Act 7611, otherwise known as the Strategic 
Environmental Plan for Palawan Act. 
t) "People's Organization (PO)" shall refer to a group of people which 
may be an association, cooperative, federation, aggrupation of individuals or 
groups with an identifiable structure of decision-making and accountability, 
established to undertake collective action to address community concerns and 
needs in relation to the protected area. 
u) "PaSu" shall refer to the Park Superintendent of the TRNP. 
v) "Poaching" shall refer to fishing or operating any fishing vessel, 
gathering and/or purchase of any fishery products within Philippine waters by 
any foreign person, corporation or entity. 


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w) ”Protected Area” shall refer to identified portions of land and water set 
aside by reason of their unique physical and biological significance, managed to 
enhance biological diversity and protected against destructive human 
exploitation. 
x) ”Protected species” shall refer to any plant or animal declared protected 
under Philippine laws, rules and regulations. These shall include all species 
listed under the Convention of International Trade of Endangered Species 
(CITES) and all its Annexes, the Bonn Convention on Migratory Animals, those 
specified under the red-list categories of the International Conservation of 
Nature (IUCN), or any plant or animal which the TMB or any government 
agency may deem necessary for conservation and preservation in the TRNP. 
y) “Purse Seine” shall refer to the gear characterized by encircling net 
having a line at the bottom passing through rings attached to the net, which can 
be drawn or pursed. In general, the net is set from a boat or boats around the 
school of aquatic resources. The bottom of the net is pulled closed with the purse 
line. The net is then pulled aboard the boat or boats until the resources are 
concentrated in the bunt or bag. 
z) “Resources” shall refer to all natural endowments, whether aquatic or 
terrestrial, living or non-living, found in TRNP. 
aa) ”Stakeholders” shall refer to any individuals, communities, agencies, 
institutions, organizations, aggrupations of specific interests or sectors which 
have particular interest in the achievement of the objectives of this Act, and/or 
enjoyment or utilization in any form of the resources within the TRNP. 
bb) ”TMO shall refer to the Tubbataha Management Office. 
cc) “Trawl” shall refer to the gear consisting of a bag-shaped net which is 
dragged or towed along the bottom or through the water column to take aquatic 
resources by straining them from the water, including all variations and 
modifications of trawls in bottom, mid-water, baby trawls, and tow nets. 
dd) ”TPAMB” shall refer to the Tubbataha Protected Area Management 
Board. 
ee) ”TRNP” shall refer to the Tubbataha Reefs Natural Park & World 
Heritage Site. 
ff) “Vessel” includes every description of watercraft, including non- 
displacement crafts and seaplanes, used or capable of being used as a means of 
transportation on water. 
It shall include everything found therein, except 
personal effects. 


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gg) ”Waste” shall refer to discarded items of solid, liquid, contained 
gaseous or semi-solid form, and from whatever source, which may cause or 
contribute to the deterioration of the resources or habitats in the TRNP. 
SECTION 4. Declaration of Scope. The Tubbataha Reef Natural Park (TRNP), 
which shall cover an approximate area of NINE SIX THOUSAND EIGHT 
HUNDRED TWENTY EIGHT (96,828) HECTARES, including its seabed and 
airspace, and which shall include the Tubbataha Reefs and the Jessie Beazley 
Reef in the Province of Palawan is hereby declared as a protected area. Its 
boundaries shall be as follows: 
Longitude 
Latitude 
From Pt. 1 
11946‘ 10” N 
904‘ 52” E 
to Pt. 2 
119O48’ 22” N 
9006‘ 05” E 
to Pt. 3 
120°03’ 12” N 
8058’ 09” E 
to Pt. 4 
120°03’ 30” N 
8O53‘ 29” E 
to Pt. 5 
119O50’ 41” N 
8041’ 33” E 
to Pt. 6 
119O45’ 46” N 
8O43’ 09” E 
ARTICLE I1 
MANAGEMENT, MANAGEMENT PLAN AND ZONING 
SECTION 5. Management ofthe TRNP. 
The 
management 
and 
administration of the TRNP shall be vested with the Tubbataha Protected Area 
Management Board (TPAMB), as herein provided. Management of zones to be 
established within the TRNP shall be consultative and participatory. 
SECTION 6. 
Zoning. Zones shall be established within the TRNP giving 
primary consideration to the preservation and conservation of all life forms, in 
accordance with applicable laws, rules and regulations. Zoning shall also take 
into consideration the efficient protection of habitats, fragile ecosystems and 
unique areas. 
The establishment and management of zones shall involve the concerned 
stakeholders by undertaking such steps as dialogue, and community and 
resource-use mapping. 
The metes and bounds of each zone shall be indicated on maps and/or 
nautical charts. 
SECTION 7. Management Plan. Within one (1) year from the effectivity of this 
Act, there shall be a Management Plan to be prepared by the Tubbataha 
Management Office in coordination with the local community and various 
stakeholders, the Palawan Council for Sustainable Development (PCSD), the 
Municipal Government of Cagayancillo, the Provincial Government of Palawan, 
48 
and with assistance from the Department of Environment and Natural Resources 


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and the Bureau of Fisheries and Aquatic Resources. The Management Plan shall 
contain, among others: 
a. 
b. 
C. 
d. 
e. 
f. 
g. 
h. 
a period of applicability for ten (10) years subject to periodic review 
every three (3) years; 
goals and objectives of management in support of Section 2 hereof; 
key management issues, such as, but not limited to, issuance, 
screening and approval of all development and resource-use 
activities within the TRNP; adequate protection and restoration of 
endangered species and fragile ecosystems; 
site management strategy including, but not limited to, 
establishment of clear and simplified guidelines on the activities 
that can be allowed within the zones, including the buffer zones; 
major management activities, such as, but not limited to, 
enforcement of 
laws, habitats and wildlife management, 
sustainable use management, infrastructure development and 
maintenance, fire prevention, pest and disease control, and disaster 
management; 
zoning in accordance with Section 6 hereof; 
mechanism for the protection, regulation and prohibition of those 
within the TRNP, in accordance with their rights; 
mechanisms to ensure consultative and participatory decision- 
making processes. 
The Management Plan shall be consistent with the nature of the TRNP as a 
protected area. It shall be reviewed and approved by the TPAMB, and submitted 
to the PCSD and the DENR. 
SECTION 8. 
Successor Plan. Before the expiration of the initial 
Management Plan, there shall be a successor plan to be prepared by the TMO in 
the same manner as the procedure and principles herein set forth. Two years 
before the expiration of the Management Plan, the PM shall cause the publication 
of notices for comments and suggestions on the successor plan using all available 
media, but at least in a newspaper of local circulation, and the posting of such 
notices in the provincial, municipal and barangay halls and in three (3) other 
conspicuous areas frequented by the public. 
The successor plan to the 
Management Plan shall be made available to the public for perusal at the office 
and sub-offices of the PM and the PCSD. 


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ARTICLE I11 
INSTITUTIONAL MECHANISMS, ROLES AND FUNCTIONS 
SECTION 9. 
Creation and Composition of the Tubbataha Protected Area 
Management Board (TPAMB). There shall be a Tubbataha Protected Area 
Management Board (TPAMB), which shall be the sole policy-making and permit- 
granting body of the TRNP. It shall be composed of 
a. 
b. 
C. 
d. 
e. 
f. 
g. 
h. 
1. 
j. 
1<. 
1. 
m. 
1. 
m. 
The Regional Executive Director of Region IV-B of the Department 
of Environment and Natural Resources to serve as Chairperson; 
A representative of 
the Palawan Council for Sustainable 
Development to serve as Co-Chairperson; 
The Environment and Natural Resources Officer of the Province of 
Palawan; 
The Mayor of the Municipality of Cagayancillo; 
The Chair of the Environment and Natural Resources Committee of 
the Sangguniang Bay an of Cagayancillo; 
The Chairman of the Environment and Natural Resources 
Committee of the Sangguniang Panlalawigan of Palawan 
The Chairman of 
the Appropriations Committee of 
the 
Sangguniang Panlalawigan of Palawan 
The Commander of the Western Command (WESCOM); 
The Commander of the Naval Forces West (NAVFORWEST); 
The District Commander of the Coast Guard District - Palawan; 
A representative of the Department of Tourism; 
The provincial officer of the DA-BFAR in Palawan; 
A representative from the academe; 
A representative of 
the Palawan Council for Sustainable 
Development Staff; 
At least three (3) representatives from NGOs involved in the 
conservation and management of the TRNP, to be chosen from 
among themselves; 


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At least two (2) representatives from people's organizations (PO) 
based in the Municipality of Cagayancillo, Palawan, and concerned 
with the conservation and management of the TRNP, to be chosen 
from among themselves; 
0. 
The Park Superintendent as ex ofjclcio member. 
Except for government officials who shall senre ex-oficio, every TPAMB 
member shall serve for a term of three (3) years: Provided, That, helshe remains 
connected with the sector he/she represents. Whenever a vacancy occurs during 
the term of a member who does not represent the government, a new member 
shall be chosen in the same manner as the original process to serve the remaining 
term of his/her predecessor. 
The TPAMB en bum shall hold regular meetings at least once every 
quarter. However, the Executive Committee, as provided herein, may meet on 
a more regular basis to discuss regular day-to-day affairs and other matters 
delegated by the TPAMB. 
SECTION 10. Executive and Other Committees of the TPAMB. There shall be an 
Executive Committee (Execom), to be headed by a TPAMB Chairperson, to 
which the TPAMB may delegate some of its powers and functions. Its members 
shall be chosen by the TPAMB from among themselves. 
The TPAMB may create other committees as it may deem necessary. 
SECTION 11. Incentives of TPAMB Members. In addition to actual and 
necessary traveling and subsistence expenses incurred in the performance of 
their duties, TPAMB members may be granted honoraria and insurance coverage 
in attending TPAMB or other TPAMB committee meetings. These expenses may 
be included in the budget for TRNP. 
SECTION 12. Rules of Procedure. The TPAMB shall determine by appropriate 
resolution its procedural rules, which shall include discipline and removal of its 
officers and members. 
SECTION 13. Powers and Functions ofthe TPAMB. The TPAMB shall have the 
following powers and functions: 
a. 
Decide matters relating to planning, resource use and protection, 
and general administration of the area in accordance with the 
Management Plan; 


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b. 
C. 
d. 
e. 
f. 
g. 
h. 
i. 
i. 
k. 
1. 
m. 
n. 
Approve budget allocations, proposals, work plans, action plans, 
guidelines for management of the TRNP in accordance with the 
Management Plan and its policies; 
Coordinate with national and local agencies, local government 
units, 
local communities, the 
academe, non-governmental 
organizations, and such other institutions to ensure the 
conservation and management of the TRNP; 
Initiate the implementation of the delineation of the boundaries of 
the TRNP; 
Promulgate rules and regulations to promote development 
programs and projects on biodiversity conservation and sustainable 
development within the TRNP and consistent with the 
Management Plan; 
Ensure the implementation and enforcement of laws, rules and 
regulations, policies, programs and projects within the TRNP; 
Control and regulate construction, operation and maintenance of 
structure and utilities within the TRNP; 
Monitor and evaluate the performance of the TMO and all those 
implementing activities and projects in TRNP; 
Appoint 
the 
TRNP 
Park 
Superintendent, 
and, 
upon 
recommendation of the PaSu, appoint management personnel 
based on internal selection criteria and decide on their 
compensation and benefits; 
Generate funds and accept donations, grants, and exercise 
accountability over all funds that may accrue to the TRNP; 
Manage the TRNP Trust Fund, as herein provided; 
Exercise quasi-judicia1 functions for adjudicating cases of violations 
of this Act and exact fines and fees for violations of guidelines, 
rules and regulations within the TRNP; 
Deputize individuals for the enforcement of laws, rules and 
regulations governing conduct within the TRNP, and prescribe the 
necessary qualifications therefore; 
Designate collecting officers for funds generated by the TRNP, and 
formulate procedure for the disbursement thereof in accordance 
with sound accounting and auditing standards; 


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0. 
Retain legal counsel to defend cases against the TPAMB and the 
Office of the PM whenever they are sued in connection with the 
performance of their duties under this Act, guidelines, and rules 
and regulations pertaining to the TRNP; 
p. 
Provide 
adequate measures 
to 
ensure 
consultation 
and 
participation of stalkeholders; 
q. 
Perform such other functions necessary for the fulfillment of the 
provisions of this Act and other applicable laws, rules and 
regulations, and as may be required; 
SECTION 14. Tubbataha Management Oflice (TMO). There shall be a 
Tubbataha Management Office (TMO) to be headed by the TRNP Park 
Superintendent (PaSu) who shall serve as the Chief Operating Officer of the 
entire TRNP. The TPAMB will determine the staffing and hiring arrangements 
for the TMO. The PaSu and hidher staff shall hold office in a place to be 
designated by the TPAMB: Provided, That, the TPAMB may authorize the 
establishment of sub-offices for purposes of convenience, safety, accessibility, 
economy, and such other justifiable reasons: PYovided, Further, That, at least a sub- 
office shall be established within the TRNP. 
The PaSu shall have full responsibility for the protection of resources 
within the TRNP. 
As such, heishe shall have the following duties and 
responsibilities in addition to those provided under existing laws and 
regulations: 
a. 
b. 
C. 
d. 
e. 
f. 
Prepare the Management Plan and its successor plans as herein 
provided; 
Serve as Secretary to the TPAMB with the duty to provide the 
TPAMB with all the information necessary to make appropriate 
decisions for the implementation of this Act; 
Hire non-management personnel of the TRNP, and recommend 
management personnel to the TPAMB; 
Supervise TRNMP personnel in the performance of their duties and 
functions; 
Establish productive partnership with national and local agencies, 
local government units, local communities, the academe, non- 
governmental organizations, and such other institutions to ensure 
the conservation and management of the TRNP; 
Develop 
and implement park 
information, 
interpretation, 
education and other visitor programs; 


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g. 
Enforce the laws, rules and regulations and TPAMB resolutions 
relevant to the TRNP, file complaints, and assist in the prosecution 
of offenses; 
h. 
Monitor all activities within the TRNP in conformity with the 
Management Plan; 
i. 
Ensure that consultative and participatory mechanisms are 
maximized in decision-making; 
j. 
Perform such other functions as the TPAMB may assign. 
SECTION 15. Components of the TMO. 
The PaSu, with the approval of 
the TPAMB, shall ensure efficient and effective implementation of this Act 
through various components or divisions that may be deemed necessary: 
Provided, That, the PaSu and the TPAMB shall ensure that there are components 
in the TMO that shall ensure conservation management; research and 
monitoring; conservation awareness; and community development assistance to 
the Municipality of Cagayancillo. 
SECTION 16. Role of Local Government Units. Local governments of Palawan 
and Cagayancillo shall participate in the management of the TRNP through their 
representation in the TPAMB. The provisions of this Act shall be incorporated 
into the municipal and provincial development plans of Cagayancillo and 
Palawan, respectively, and the Regional Development Plan of Region IV as part 
of the environmental concerns of the province and the region. The national and 
local government units shall likewise ensure that local ordinances pertaining to 
the environment are consistent with this Act and the Management Plan, as herein 
provided. 
SECTION 17. Role ofDENR and PCSD. The DENR and PCSD shall coordinate 
closely to ensure the sound management and conservation of the TRNP, provide 
technical and financial assistance to the TRNP as may' be needed, and appoint 
representatives to the TPAMB. 
SECTION 18. Fiscal Matters. 
The TRNP shall enjoy fiscal autonomy. It shall 
have the sole power to decide on the use of its funds from whatever source: 
Provided, That, the Municipality of Cagayancillo, Palawan shall have a share of at 
least ten percent (10%) of the conservaton fees paid to TRNMP. 
The TRNP shall not be required to contribute to the Integrated Protected 
Area Fund (IPAF) provided under Republic Act No. 7586. 


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SECTION 19. The TRNMP Fund. 
There is hereby created a special trust 
account to be known as Tubbataha Trust Fund. All the fees, penalties, donations, 
grants, endowments, revenues and any other income pertaining to the TRNP 
shall automatically accrue to this fund. The fund shall be used for the purpose 
of financing projects and activities in the TRNP to attain the objectives of this 
Act. 
All funds pertaining to the TRNP shall be exempt from whatever tax, 
charges or fees: Provided, That, the TPAMB shall apportion the funds in 
accordance with the provisions of Section 18 of this Act. 
ARTICLE IV 
UTILIZATION OF RESOURCES 
SECTION 20. who Many Utilize TRNP and its Resources. No person or entity 
shall enter, enjoy or utilize any portion of the TRNP and the resources therein for 
whatever purpose without prior permission from the TPAMB or the PaSu as 
herein provided. 
SECTION 21. Modes ofUtilization. 
The TPAMB shall determine, based on 
existing scientific evidence, laws, rules and regulation, international instruments, 
traditional resource utilization, management modalities in the area, carrying 
capacity, and observing precautionary principle, the modes of utilization of the 
TRNP and all the resources found therein. Permits shall only be issued for such 
modes of utilization and enjoyment as the TPAMB and this Act shall allow. 
SECTION 22. Utilization Permits and Users’ Fees. 
The TPAMB shall have the 
exclusive authority to issue permits and conditions thereto, and determine and 
collect fees, for the utilization and enjoyment of the TRNP and the resources 
therein: Provided, That, the TPAMB may delegate to the PaSu the authority to 
issue permits, and collect fees for temporary access to the TRNP such as, visiting 
or diving, subject to the limits as may be determined by the TPAMB: Provided, 
However, That, entry into the TRNP for emergency reasons shall not be subject to 
permit and users’ fees. 
SECTION 23. 
Energy and Nan-Renewable Resources. Any exploration, 
exploitation or utilization of non-renewable resources, such as minerals and oil, 
within the TRNP shall not be allowed. Energy projects shall be allowed only 
through an act of Congress. 
ARTICLE V 
PROHIBITED ACTS AND PENALTIES 
SECTION 24. Unauthorized Enty, Enjoyment or Use. The TRNP shall be off 
limits to navigation, except for tourism and research activities that are sanctioned 


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by the TPAMB. Except in emergency situations, it shall be unlawful to enter 
TRNP without prior permission from the TPAMB or the PaSu as herein 
provided. It shall also be unlawful to enter, enjoy or use for any purpose any 
prohibited management zone. This rule shall similarly apply to the use of 
vessels, gears and equipment in management zones where such are not allowed. 
Violation of this Section shall subject the responsible person or entity to an 
administrative fine of from Fifty Thousand Pesos (P50,OOO.OO) to One Hundred 
Thousand Pesos (PlOO,OOO), as may be determined by the TPAMB. 
If the 
violator is a commercial fishing operation, the fine shall be Five Hundred 
Thousand Pesos (P500,OOO.OO). 
SECTION 25. Damages to the Reef. Damages to the reef shall subject the 
responsible person or entity to the payment of administrative fines based on 
current valuation standards and to the payment of the cost of restoration. 
SECTION 26. Non-payment of Users' Fees. It shall be unlawful for any person 
or entity to enjoy or utilize the TRNP and the resources therein without payment 
of conservation fees as may be imposed by the TPAMB. 
Violation of this Section shall be penalized with an administrative fine of 
double the amount set by the TPAMB for the activity undertaken. 
SECTION 27. Unauthorized Anchorage. Except in emergency situations, it shall 
be unlawful for any person or entity to anchor outside the designated areas 
determined by the TPAMB. 
Violation of this Section shall be penalized with an administrative fine of 
not less than TenThousand Pesos (PlO,OOO.OO) and not more than Fifty Thousand 
Pesos (P50,OOO.OO). 
SECTION 28. Dumping of Waste and Littering. It shall be unlawful for any 
person or entity to dump waste inside the TRNP. It shall likewise be unlawful to 
clean and change oil of vessels within the TRNP. 
Violation of this provision shall be punishable by imprisonment of six (6) 
months to one (1) year, and fine of not less than Five Thousand Pesos (P5,OOO.OO). 
The TPAMB shall impose an administrative fine of not less than Fifty Thousand 
Pesos (P50,OOO.OO) and not more than One Hundred Thousand Pesos 
(PlOO,OOO.OO), and order the violator to clean up the waste or pay for the clean-up 
thereof. 
It shall likewise be unlawful to litter within the TRNP. 


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Violation of this provision shall be penalized by the TPAMB with 
administrative fine of from Five Thousand Pesos (P5,OOO.OO) to Ten Thousand 
Pesos (PlO,OOO.OO). 
SECTION 29. Bioprospecting without Permit. It shall be unlawful to conduct 
bioprospecting within the TRNP. 
Violation of this Section shall be punished with imprisonment of six (6) 
months to six (6) years; fine of Five Hundred Thousand Pesos (P5O0,OOO.OO) to 
One Million Pesos (Pl,OOO,OOO.OO); 
and forfeiture of the resources subject of the 
offense, equipment, gears and vessels. 
The TPAMB shall also impose 
administrative fine ranging from Five Hundred Thousand Pesos (P500,OOO.OO) to 
One Million Pesos (P1,000,000.00); and confiscation and forfeiture of the 
resources subject of the offense, equipment, gears and vessels. 
SECTION 30. Introduction of Exotic Species. It shall be unlawful to introduce 
exotic species of plants or animals into the TRNMP. 
Violation of this Section shall be punished with imprisonment of six (6) 
months to six (6) years; fine of One Hundred Thousand Pesos (PlO0,OOO.OO) to 
One Million Pesos (Pl,OOO,OOO.OO); and forfeiture of forfeiture of the resources 
subject of the offense, equipment, gears and vessels. The TPAMB shall also 
impose administrative fine ranging from Two Hundred Thousand Pesos 
(P200,OOO.OO) to One Million Pesos (Pl,OOO,OOO.OO); 
and confiscation and 
forfeiture of the resources subject of the offense, equipment, gears and vessels. 
SECTION 31. Hunting, catching, fishing, killing, taking, gathering, removing, 
destroying, disturbing, or possessing resources. Except in cases of emergency and 
safety, it shall be unlawful for any person to actually or attempt to hunt, catch, 
fish, kill, take gather, remove, destroy, dishirb, or possess any resource, whether 
living or non-living, or products derived therefrom, without a permit from the 
TPAMB and such other permits as may be required by law, rules and 
regulations. The unauthorized entry of a vessel in the TRNP shall be prima fucie 
evidence of violation of this Section. 
Violation of this Section shall be punished as follows: 
(1) Where the offender uses explosives, noxious or poisonous 
substances, or electricity, the penalty shall be imprisonment ranging from six (6) 
years and one day tu twelve (12) years without prejudice to the filing of separate 
criminal cases when the use of the same result to physical injury or loss of 
human life; fine ranging from One Hundred Thousand Pesos (PlO0,OOO.OO) to 
Three Hundred Thousand Pesos (P300,OOO.OO); forfeiture of the resources subject 
of the offense, equipment, gears and vessels. The TPAMB shall also impose 
administrative fine ranging from Forty Thousand Pesos (P40,OOO.OO) to One 


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Hundred Fifty Thousand Pesos (P150,OOO.OO); and confiscation and forfeiture of 
the resources subject of the offense, equipment, gears and vessels. 
The discovery of dynamite, other explosives and chemical compounds 
which contain combustible elements, or noxious or poisonous substances, or 
equipment or device for electro-fishing in any vessel or in the possession of any 
person within the TRNP shall constitute prima facie evidence that the same was 
used in violation of this Act. The discovery in any vessel or in the possession of 
any person within the TRNP of resources caught, taken, killed, removed, 
gathered or destroyed with the use of explosives, noxious or poisonous 
substances or by electricity shall constitute prima facie evidence of violation of this 
Act. 
(2) Where the offender merely possesses explosive, noxious or 
poisonous substances, or electrofishing devices within the TRNP, the 
punishment shall be imprisonment ranging from six (6) years and one day to 
twelve (12) years; fine ranging from Fifty Thousand Pesos (P50,OOO.OO) to One 
Hundred Thousand Pesos (PlO0,OOO.OO); forfeiture of fish catch, fishing 
equipment and vessels. The TPAMB shall also impose administrative fine 
ranging from Forty Thousand Pesos (P40,OOO.OO) to One Hundred Fifty 
Thousand Pesos (Pl50,OOO.OO); and confiscation and forfeiture of the resources 
subject of the offense, equipment, gears and vessels. 
(3) Where the offender takes, removes, fishes, gathers, kills, destroys or 
possesses corals, except for scientific or research purposes authorized by the 
TPAMB, the penalty shall be imprisonment ranging from six (6) years and one 
day to twelve (12) years; fine ranging from Twenty Thousand Pesos (P20,OOO.OO) 
to Eighty Thousand Pesos (P80,OOO.OO); forfeiture of the corals, equipment, gears 
and vessels. The TPAMB shall also impose administrative fine ranging from 
Thirty Thousand Pesos (P30,OOO.OO) to One Hundred Thousand Pesos 
(PlO0,OOO.OO); and confiscation and forfeiture of the corals subject of the offense, 
equipment, gears and vessels. 
(4) Where the offender uses any fishing gear or method that destroys 
coral reefs, seagrass beds, or other marine life habitats as may be determined by 
this Act, the TPAMB, other laws, the Department of Agriculture, or the DENR, 
the operator, boat captain, master fisherman, and recruiter or organizer of 
fishworkers involved shall suffer a penalty of six (6) years and one day to twelve 
(12) years imprisonment; fine of not less than One Hundred Thousand Pesos 
(PlOO,OOO.OO) to Five Hundred Thousand Pesos (P500,OOO.OO); forfeiture of catch, 
fishing equipment, gears and vessels. The TMB shall also impose administrative 
fine ranging from Four Hundred Thousand Pesos (P400,OOO.OO) to One Million 
Pesos (Pl,OOO,OOO.OO); 
and confiscation and forfeiture of catch, fishing equipment, 
gears and vessels. 
Muro-Ami, pa-aling, all kinds of trawls (galadgad, Norway), purse seine 
(pangulong), Danish seine (hulbot-hulbot, pahulbot-hulbot, likisan, liba-liba, palisot, 
patungko, bira-biru, buli-buli, hulahoop, zipper, lampornas, etc.), ring net (Itubkob, 


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pangulong, kalansisi), drive-in net (kayaltas), round haul seine (sapyaw, lawag), 
motorized push net (sudsad), bagnet (basnig, saklit), or any of their variations, are 
hereby declared destructive fishing methods or gears under this provision. 
(6) Where the offender gathers or removes pebbles, stones, rocks, sand 
or other materials that form part of the habitat, or otherwise engages in the 
quarrying or dredging of any portion of the TRNP, the penalty shall be six (6) 
years and one day to twelve (12) years imprisonment; fine of not less than Thirty 
Thousand Pesos (P30,OOO.OO) to Five Hundred Thousand Pesos (500,000.00); and 
forfeiture of the substance taken from the habitat, and the equipment and vessels 
used to commit such violation. The TPAMB shall also impose administrative 
fines ranging from Thirty Thousand Pesos (P30,OOO.OO) to Seven Hundred 
Thousand Pesos (P700,OOO.OO); and confiscation and forfeiture of the substance 
taken, and equipment and vessels used in the commission of the violation 
(7) Where the subject of the offense are protected species as defined in 
this Act, the penalty shall be imprisonment of twelve (12) years to twenty (20) 
years; fine of One Hundred Twenty Thousand Pesos (120,000.00) to One Million 
Pesos (Pl,OOO,OOO.OO) for every threatened or endangered organism subject of the 
offense; forfeiture of the catch, equipment, gears and vessels; and cancellation of 
fishing permit. The TPAMB shall also impose administrative fine ranging from 
One Hundred Fifty Thousand Pesos (Pl50,OOO.OO) to One Million Pesos 
(Pl,OOO,OOO.OO) for every threatened or endangered organism subject of the 
offense; and confiscation and forfeiture of catch, equipment, gears and vessels. 
(8) Where the violations of this Section are not covered by the 
preceding paragraphs, the penalty shall be imprisonment of one (1) year to three 
(3) years; fine of not less than Ten Thousand Pesos (P10,OOO) but not more than 
One Hundred Thousand Pesos (P100,OOO); and forfeiture of the catch, equipment, 
gears and vessels; and cancellation of permit that makes it possible for the 
offender to commit the offense. The TPAMB shall also impose administrative 
fine ranging from Fifteen Thousand Pesos (P15,OOO.OO) to One Million Pesos 
(Pl,OOO,OOO.OO); and confiscation and forfeiture of catch, equipment, gears and 
vessels. 
SECTION 32. Poaching by Foveigners It shall be unlawful for any foreign 
person, corporation or entity to fish or operate any fishing vessel in the TRNP. 
The entry of any foreign fishing vessel in the TRNP shall constitute prima facie 
evidence that the vessel is engaged in fishing in the area. The presence of any 
foreign national in a fishing vessel of either Philippine or foreign registry in 
TRNP shall be prima facie evidence that the vessel is engaged in fishing in the 
Park. 
Violation of the above shall be punished by imprisonment of six years 
and one day to twelve years (12) years and a fine of One Hundred Thousand US. 
Dollars (US$lOO,OOO.OO), in addition to the forfeiture of its catch, fishing 
equipment and fishing vessel: Provided, That in case of non-payment of fine, 


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subsidiary imprisonment shall be imposed: Provided, further that the TPAMB is 
empowered to impose an administrative fine of not less than Fifty Thousand US. 
Dollars (US$50,OO0.00), but not more than Two Hundred Thousand US. Dollar 
(US$200,0OO.OO) or its equivalent in Philippine Currency, in addition to the 
confiscation and forfeiture of the fish catch, fishing equipment and fishing vessel: 
Puovided, finally, that a bond may be posted for the vessels which shall not be less 
than One Hundred Thousand Dollars (US$lOO,OO0.00). 
A Hold Departure Order shall be issued as a condition for the grant of bail 
to any foreign offender. All passports and documents which may be used by the 
accused to flee the country must be surrendered to the court. 
SECTION 33. Violation of Environmental Impact Assessment System. 
The TPAMB shall prosecute violations of laws and rules on Environmental 
Impact Assessment System. Such violations shall be punished by imprisonment 
of three (3) years to five (5) years; fine of One Hundred Thousand (PlOO,OOO.OO) 
for every day each violation subsists; rehabilitation of the affected area or the 
amount equivalent thereto; and forfeiture of the vessels, structures, effects, 
materials and equipment used, and the products of such violation. If the 
offender is a corporation, the directors and officers shall suffer the imprisonment. 
The TPAMB shall also impose administrative fine of One Hundred Thousand 
(PlOO,OOO.OO) for every day each violation subsists; rehabilitation of the affected 
area or the amount equivalent thereto; and confiscation and forfeiture of the 
vessels, structures, effects, materials and equipment used, and the products of 
such violation. 
SECTION 34. Violation of Standards. The owner, operator and top three (3) 
officers of any vessel violating the standards set by the TPAMB, such as, but not 
limited to, safety and sanitary standards, shall suffer administrative penalty of 
fine ranging from Twenty Thousand Pesos (P20,OOO.OO) to Fifty Thousand Pesos 
(P50,OOO.OO) for every day each violation subsists, and from suspension of three 
(3) months to cancellation of permit to operate in TRNP. 
SECTION 35. Obstruction to Law Enforcement Officer. The boat owner, master, 
operator, officer, or any person acting on hidher behalf, of any vessel who 
evades, obstructs or hinders any law enforcement officer in the TRNP to perform 
hisher duty, shall be fined Fifty Thousand Pesos (P50,OOO.OO). In addition, the 
registration, permit and/or license of the vessel including the license of the 
officers thereof shall be canceled. 
SECTION 36. Promulgation of Rules and Regulations. The TPAMB may issue 
rules and regulations, including the imposition of penalties, in pursuit of the 
conservation, preservation, management and sustainable use of the TRNP. 


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SEC. 37. Subsidiary Imprisonment. - Non-payment of judicial and administrative 
fines imposed under this Act shall be subject to subsidiary imprisonment as 
provided for by existing laws. 
SECTION 37. Fines and Forfeitures. All the criminal fines and forfeitures that 
may be imposed by the courts, and the administrative fines and forfeitures that 
may be imposed by the TPAMB under this Act, and the rules and regulations 
that may be promulgated in pursuit of the goals and objectives of this Act shall 
be given to the TPAMB and shall form part of the funds and assets of TRNP. 
In case of administrative confiscation or forfeiture of vessels, structures, 
effects, materials and equipment and the same is not necessary for the proper 
prosecution of the offense charged, the TPAMB may sell the forfeited vessels, 
structures, effects, materials and equipment in a public auction. Proceeds of the 
said sale shall accrue to the TRNP created under this Act. 
In case the confiscated vessels, structures, effects, materials and 
equipment is in custodia legis, the TPAMB or its counsel, after administrative 
confiscation and forfeiture proceedings, may move for the sale of the confiscated 
or forfeited vessels, structures, effects, materials and equipment pendente lite; 
Provided that the said vessels, structures, effects, materials and equipment is no 
longer necessary for the proper prosecution of the offense or if the same is 
necessary but substitute evidence is accepted by the court. The proceeds of the 
said sale shall likewise accrue to the TRNP Fund created under this Act. 
SEC. 38. Violation of Other Laws -Prosecution for violation of this Act shall 
be without prejudice to the prosecution of the offender for violation of other 
laws, rule and regulations. 
ARTICLE VI 
LAW ENFORCEMENT AND PROSECUTION 
SECTION 39. Who Shall Enforce this Act, Other Laws, Rules and Regulations 
Within TRNP. The Armed Forces of the Philippines, the Philippine National 
Police, the Philippine Coast Guard, the law enforcement officers of the DENR 
and DA-BFAR, PCSD officials and staff, LGU officials, law enforcement officers 
of LGUs, members and officers of the TPAMB, the PaSu and hisher staff, and 
other government enforcement agencies, are hereby authorized to enforce this 
Act, other laws, rules and regulations within the TRNP. 
The TPAMB may deputize in writing other persons to enforce the 
provisions of this Act, other laws, rules and regulations within the TRNP. 
Any one of the above persons and entities is authorized to file 
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proceedings in accordance with the Rules of Court, for offenses committed 
within the TRNP. 
SECTION 40. Inspection Powers. The PaSu and law enforcers shall have the 
power to stop, board, search and inspect all vessels within the TRNP for the 
purpose of enforcing the provisions of this Act, other laws, rules and regulations. 
SECTION 41. Coordination Between TPAMB and PaSu, and Law Enforcement 
Agencies. The TPAMB and the PaSu shall coordinate with law enforcement arms 
and agencies of government to ensure effective enforcement of the provisions of 
this Act and other applicable laws, rules and regulations within the TRNP. The 
Armed Forces of the Philippines, Philippine National Police, PNP-Maritime 
Command, Philippine Coast Guard, law enforcement officers of the DENR, DA- 
BFAR and concerned LGUs shall cooperate with the TPAMB and the PaSu for 
this purpose. 
SECTION 42. Special Prosecutors and Counsels. The Department of Justice, 
upon recommendation of the TPAMB, shall designate special prosecutors, either 
or both from among state and public prosecutors to do preliminary investigation 
and prosecute violations of this Act, other laws, rules and regulations within the 
TRNP. Such special prosecutors shall coordinate with the TPAMB and the TMO 
in the performance of his/her duties and assist in the training of wardens and 
rangers in arrest and criminal procedure. The TPAMB shall periodically submit 
an evaluation of the performance of the designated special prosecutors to the 
DOJ. 
The TPAMB may retain the services of a competent lawyer to prosecute 
and/or assist in the prosecution of cases and to defend the members of the 
TPAMB, the PaSu and TMO staff, or person assisting in the protection, 
conservation and sustainable development of the TRNP, against any legal action 
related to their powers, functions and responsibilities as provided in this Act or 
as delegated or tasked by the TPAMB. 
The DOJ shall enter into a Memorandum of Agreement with the TPAME? 
with regard to the designation of the TPAMB retained counsel as a special 
prosecutor to prosecute any violation of this Act. 
SECTION 43. Citizens Snits. For the purposes of enforcing the provisions of this 
Act or its implementing rules and regulations, any citizen may file an 
appropriate civil, criminal or administrative action in the proper courts/bodies 
against: 
(a) Any person who violates or fails to comply with the provisions of this 
Act its implementing rules and regulations; or 


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(b) Those mandated to implement and enforce the provisions of this Act 
with respect to orders, rules and regulations issued inconsistent with this Act; 
andlor 
(c) Any public officer who willfully or grossly neglects the performance of 
an act specifically enjoined as a duty by this Act or its implementing rules and 
regulations; or abuses his authority in the performance of his duty; or, in any 
many improperly performs his duties under this Act or its implementing rules 
and regulations; Provided, however, That, no suit can be filed until after thirty-day 
(30) notice has been given to the public officer and the alleged violator concerned 
and no appropriate action has been taken thereon. 
The Court shall exempt such action from the payment of filing fees and 
statements likewise, upon prima facie showing of the non-enforcement or 
violation complained of, exempt the plaintiff from the filing of an injunction 
bond for the issuance of preliminary injunction. 
In the event that the citizen should prevail, the Court shall award 
reasonable attorney’s fees, moral damages and litigation costs as appropriate. 
SECTION 44. 
Suits and Strategic Legal Action Against Public 
Participation (SLAPP) and the Enforcement of this Act. Where a suit is brought 
against a person who filed an action as provided in Section 39 of this Act, or 
against any person, institution or government agency that implements this Act, it 
shall be the duty of the investigating prosecutor or the Court, as the case may be, 
to immediately make a determination not exceeding thirty (30) days whether 
said legal action has been filed to harass, vex, exert undue pressure or stifle such 
legal recourses of the person complaining of or enforcing the provisions of this 
Act. Upon determination thereof, evidence warranting the same, the 
investigating prosecutor or the Court, as the case may be, shall dismiss the 
complaint. In addition, the Court shall award the attorney’s fees and double 
damages. 
This provision shall also apply and benefit public officers who are sued 
for acts committed in their official capacity, there being no grave abuse of 
authority, and done in the course of enforcing this Act. 
ARTICLE VI1 
TRANSITORY PROVISIONS 
SECTION 45. Convening the TPAMB. Within one (1) month upon effectivity of 
this Act, the interim TPAMB shall convene to ensure that its composition and 
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structure conform with the provisions of this Act. 


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SECTION 46. Continuation of the TMO. The present Tubbataha Management 
Office (TMO) shall continue to exist and function as such, subject to 
reorganization, if necessary, in accordance with Section 14 hereof. 
SECTION 47. Continuation of all Other Awangements. Except when otherwise 
provided by this Act, all arrangements, commitments and agreements pertaining 
to the management, utilization, conservation and protection of the TRNP made 
and entered into by government agencies, the present TPAMB and the TMO, and 
the active involvement of the Philippine Navy and the Philippine Coast Guard in 
law enforcement in TRNP, shall continue to subsist until validly amended, 
revised, repealed or renewed. 
SECTION 48. Implementing Rules and Regulations. Within six (6) months 
upon convening, the TPAMB, pursuant to Sec 45 hereof, shall prepare the 
Implementing Rules and Regulations of this Act. 
ARTICLE VI11 
GENERAL PROVISIONS 
SECTION 49. Appropriations. The Secretary of the DENR and the Chairman of 
the PCSD shall immediately include in the Department's and Council's program 
the implementation of this Act, the funding of which shall be included in the 
annual General Appropriations Act. 
The budget of the TRNP shall be included in the budget of the TPAMB 
starting on the general appropriations immediately following the effectivity of 
this Act. 
SECTION 50. Construction and Suppletory Application of Existing Laws. The 
provisions of this Act shall be construed liberally in favor of achieving 
biodiversity conservation, protection and sustainable development. Provisions 
of Republic Act No. 7611, otherwise known as the Strategic Environmental Plan 
(SEI') for Palawan Act, Republic Act No. 7586, otherwise knows as the National 
Integrated Protected Areas System Act, and Republic Act No. 8550, otherwise 
known as The Philippine Fisheries Code of 1998, Republic Act No. 9147, 
otherwise known as the Wildlife Resources Conservation Act, and existing 
forestry laws, and their corresponding rules and regulations not inconsistent 
hereto shall have suppletory effect in the implementation of this Act. 


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SECTION 51. Separability Clause. If any part or section of this Act i s  declared 
unconstitutional or otherwise invalid, such declaration shall not affect the other 
parts or sections hereof. 
SECTION 52. Repealing Clause. All laws, presidential decrees, executive 
orders, rules and regulations inconsistent with this Act shall be deemed repealed 
or modified accordingly. 
SECTION 53. Effectivity. This Act shall take effect immediately after its 
complete publication in two (2) newspapers of general circulation. 
Adopted.