Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

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2 wre: 8 OCT 2018

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SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO__ 4426 =

Introduced by the Honorable Ruby M. Sahali

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EXPLANATORY NOTE

In acknowledgement of the intents and purposes of the previous authors of this House Bill
in the Fifteenth Congress, this Bill seeks to declare the Turtle Islands in Tawi-Tawi
Province a Protected Area or otherwise known as “The Turtle Wildlife Sanctuary”.

‘The Turtle Islands has an aggregated land area of only three hundred ninety Two
(392) hectares.
It is composed of seven small islands and several islets which straddle the Malaysian State
of Sabah and the Philippines. Its marine ecosystem of over 136,000 hectares is a major
nesting site of the endangered green séa turtle (Chelonia Mydas) and its fish and coral
assemblage has the highest diversity compared to all other protected marine areas surveyed
in the Philippines.

The presence of major green sea turtle nesting population makes it imperative for us
to protect the Turtle Islands, The green turtle population is declining. Considering, that the
‘Turtle Islands is among the only ten (10) breeding grounds for green sea turtles in the world
hence the need to protect them now

The Turtle Islands was established as a marine sanctuary by virtue of Manila
Administrative Order No. 8, Series of 1992, On May 31, 1996 the Turtle Islands of Sabah
and the Philippines was designated as the Turtle Islands Heritage Protected Area. The first
Frans-border Park for marine turtle in the world managed jointly by both counties



Section, Article XII of the Constriction provides that “the State shall protect the
nation’s marine wealth in its archipelagic waters territorial seas, and economic zone and
reserve its enjoyment to Filipino citizen”, Pursuant to this Constitutional mandate 2 and
Republic Act, 7586, otherwise known as the National Integrated Protected Areas S;
(NIPAS) Act provides further that is “the policy of the State to secure for the Filipino people
of present and future generations, the perpetual existence of all native plants and animals
through the establishment of a comprehensive system of integrated protected areas within
the classification of national park is provided for in the Constitution”

Thus, it is incumbent upon Congress to declare the Turtle Islands as a Protected Area
in order to safeguard its ecological significance and protect the diminishing population of
the green sea turtle including the terrestrial and marine ecosystems and resources, and its
hosts, as well as provide for its regimented management

In view thereof, the passage of this bill is earnestly sought

at} »—_.

RUBY M. SAHALI
Lone District, Tawi-Tawi *


Republic of the Philippines
HOUSE OF REPRESENTATIV!
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE Bil 1. NO, A126

Introduced by the Honorable Ruby M. Sahali

AN ACT
DECLARING THE TURTLE ISLANDS LOCATED IN THE MUNICIPALITY OF TURTLE ISL ‘ANDS,
PROVICE OF TAWL-TAWI AS A PROTECTED AREA

Be il enacted by the Senate and the House Representative of the Philippines in Congress assembled.
SECTION 1: Title ~ This Act shall be known as the “Turtle Islands Wildlife Sanctuary Act of 2013

SECTION 2: Declaring of Policy ~ I1 is hereby declared the policy of the State to regulate the utilization of
fishery and marine resources eggregates, and wild flora and fauna, to protect and preserve the culture of the
people, indigenous knowledge. artifacts and sites; and ensure the continuity of endangered. threatened . and rare
species. Towards these ends. the State shall conserve, preserve, and protect the scenic, cultural, historical and
archaeological features of the Turtle Islands including the diverse terrestrial and marine ecosystem thereof lor
the benefits of its people and mankind

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SECTION 3: Scope ~ The Turtle Islands hereinafier referred to as Protected Area (PA), shall be mai
wildlife sanctuary and shall cover the islands of Taganak, Baguan, Langaan, Boan, Lihiman, Great Bakur
and Sibuang within the Municipality of Turtle Islands, Province of Tawi-Tawi including the municipal waters
thereof pursuant to the law of tertorial waters containing a total area of more or less two hundred thousand
nine hundred sixty seven (242,967) hectares, Three hundred eighteen (318) hectares of the protected area
constitute the aggregate land portion of the six islands while the remaining, two hundred forty two thousand six
hundred forty nine (242.649) hectares constitute the marine portion of the protected area, A total area of sixty
eight thousand seven hundred forty seven point eighty three (83/100) or (647,83) hectares of marine portion
enclose the area as buffer zone

The boundary of the PA begins at a point marked “1” on the map which is identical to comer 2 of the existing
international treaty with limits with coordinate’s 06000700 latitude and 118020°23 Longitude based from
NAMRIA Map Balabac Strait No. 4720, Cybersoft Ine.



Thence Due West 32,349.05 meters to comer 2

Thence N 520000°00" 51,840.00 meters Lo comer 3.
‘Thence Due North 21,840.00 meters to comer 4.
Thence Due East 14,400.00 meters to comer 5

Thence $ 53027°49.5"E 17,394.45 meters to comer 6:
Thence $ 85024°07.9"E 7,921.65 meters to comer 7:
Thence $ 71026°46.2"E 8,518.67 meters to comer 8:
Thence § 52027°48,2"E. 20,990.33 meters to comer 9.
Thence § 15020°38.4" 8,461.24 meters to comer 10,
Thence Due South 17,500.00 meters to comer |

A filteen (15) kilometer distance reckoned from the shoreline of each of the islands extended
o form the protected area boundary within the Philippine waters

The technical description of the PA shall be subject to actual ground survey using the Global

Positioning System (GPS). Thereafier, marine buoys shall be established on the comer as boundary
markers.

SECTION 4, Definition of Terms

F purpose of this Act, the following terms are defined
follows

(a) “Protected Area” (PA) refers 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;

(b) “Buffer Zone” (BZ) refers to an identified area outside the boundaries of and immediately
adjacent to the designated protected area pursuant to Section 8 of Republic Act No. 7586 or
the NIPAS Act, that need special development control in order to avoid or minimize harm (o
the protected area:

(c) "Wildlife Sanctuary” (Sanctuary) refers to an area that assures the natural conditions
necessary to protect nationally significatt species. groups of species, biotic communities. or
physical features of the environment where these may require specific human manipulation
for their perpetuation,

(d)*Tenured Migrant Communities” (TMC) refers to the various communities within the PA
that have been actually and continuously occupying certain areas therein for at least five (5)
years before their designation as protected areas and are solely dependent therein for substance

(c) "National Intergrated Protected Aveas System (NIPAS)” refers to the classification and
administration of all designated protected areas to maintain essential ecological processes and
life support system, to preserve genetic diversity, to ensure sustainable use of
resources found therein, and { maintain their natural conditions to the greatest extent possible

(1) "Protected Area Management Board (PAMB) refers to the management board of the Turlle
Islands Wildlife Sanetuary

SECTION 5. Administration and Management The PA is hereby placed under the control and
administration ofa Protected Area Management Board (PAMB), To cary out the mandate of this Act, the
PAMB is empowered to perform any and all of the following

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(a)

(b)

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Conduct studies on various characteristic’, features and conditions of the Turtle Islands
Wildlife Sanctua ‘

Adopt and enforce a land-use scheme and zoning plan in adjoining areas for the preservation and control af
activities that may threaten the ecological balanee in the PA:

Cause the preparation of and exercise the power to review all plans and proposals for the mana
PA

ement of the

romulgate rules and regulations necessary to carry out the provisions of this Act.

Deputize field officers and delegate any of its power under this Act and other laws to expedite implementation,
and enforcement:

Enter into contracts and/or agreements with private entities or public agencies as may be necessary to earry

out the purposes of this ac

Approve administrative fees and fines for violations of guidelines, and the rules and regulations promulgated
purstant to this Act as would endanger the viability of the PA:

Accept. in the name of the Philippine Government, and in behalf of the PA fund, gifts or bequest of money for
immediate disbursement or other properly in the interest of the PA, fund, gifls or bequest of money for
immediate disbursement or other property in the interest of the PA, its activities, oF ts services:

Call on any agency or instrumentality of the Government as well as academic institutions,

non-government organizations and the private sector as may be necessary to accomplish the

objectives and activities in the PA.

Submit an annual report to the President of the Philippines and to Congress on the
the PA.

Establish a uniform marker of the PA. including an appropriate and distinctive symbol of each category in

tus of

the area, in consultation with appropriate government agencies and private organizations

Approve the specification of the class, type. and style of building and other structures to be constructed on
the PA including the materials to be used:

Perform such other functions as may be directed by the Seeretary of Environment and Natural Resources
(DENR), and such aets as may be necessary or incidertal to the accomplishment of the purpose and

objectives of the Act

Exereise authority over the butler zone in cooperation with concemed NGOs and other government agencies

and ensure that the management and land-use practices for buller zones shall be preseribed in the

management plan; and
Evaluate evidences in support of

enured migrants elaims or status forthe granting of tenurial instrument

SECTION 6. The Turtle Islands Protected Area Management Board (PAMB) ~ ‘The PAMB Tor the PA shall be

(a)

(b)
(c)
(d)

composed of the following:

Regional Executive Director of the Department of Environment and Natural Resources (DENR) Rey
as Chairman;

Provincial Planning Development Officer of Tawi -Tawi (PPDO), member:

One (1) Representative from the unicipal government of Turtle Islands, member,

One (10 Representative each from the barangays constituting the municipality of Turtle tslands member.


e)

o

(g)
(h)

w

By a majority vote, the shall approve or take nécess

(a)
(b)
(c)

«d)

TWO (20 Repres
aan election called the purpose, members

Lalives from non-government organization (NGOs) selected from among themselves in

‘Two (2) Representative from People’s Organization (PO's) selected from among themselves
In an election called for the purpose, member,

One (1) Representative from each tribal community Member,

One (1) Representative from government agencies to be selected through election

From the Representatives of the agencies present in the islands, member, and

One (1) Representative from the academe to be appointed by the DENR Secretary. member

y action on

Allocation for budget and project proposals doe funding.
Decide matters relating to planning, peripheral or resource protection Planning Strategy (GMPS)
Approve the delineation and demarcation of the protected area boundaries. butter zone, and ancestral

domains and recognize the rights and privileges of indigenous communities under the provision of this
Act;

Promulgate rules and regulations to promote development programs and projects on biodiversity
conservation and sustainable development consistent with the management manual of the PA ensufing
that the management plan provides livelihood benefits for local resident

Regulate the construction, operation, and maintenance of road
protection and sanitation systems and other public utilities within the PA:

Ensure the implementation of programs as prescribed in the management plan in order to provide
employment to the people dwelling in and around the PA

Resolve, with the assistance from NGO's, conflicts between livelihood and protection needs of the
communities and protected area, respectively

Monitor and evaluate the performance of the PA personnel, NGOs and the communities in providing
for biodiversity conservation and socio-cultural and economic development: and

Exercise regulatory funetion for prohibited acts inside the PA.

. trails, waterworks, sewerage, fire

SECTION 7, Protected area Superintendent (PASu) Office» There is hereby established a PA
superintendent's office in charge of the management, protection and administration of the PA, The
PASu office shall be supported by the existing personnel of the DENR, The head of office shall be.the
chief operating officer of the Turtle Islands or PA and shall be accountable to the Regional Executive
Director of the DENR-IX and the PAMB.

SECTION 8, Tenured Migrants - Any person who has actually and continuously occupied an area for
five (5) years prior to its designation as part of the Turtle Islands Wildlife Sanctuary and is.solely
dependent of the area for subsistence shall be considered a tenured migrant, A tenured migrant shall be
cligible to become a steward of a portion of land within the multiple use management area or butler
vone of the PA, from which he may derive's
shall be resettled in any appropriate multiple use zone.

ubsistence, Persons who not qualify as tenured migrants



The PAMB shall consider the following

evidences in support of tenured migrant status;

(a) Physical structures inthe area indicating prolonged occupancy;

(b) Tax declaration receipts:

(©) Certification from the Barangay Captain or any two (2) respected members of the nearest community
attesting fo occupaney: and

(d) Other relevant data such as previous census reports

Phe DENR shall develop a tenurial instrument consistent with the conservation goals, Such instrument shall be
prepared within twelve (12) months effectivity of this Act

The rights interest and activities of tenured migrant within the pratected il its adjoining buffer zones shall
be governed by the principles of biodiversity protection or conservation and sustainable development and by
the guidelines prescribed in the General Management Planning Strategy (GMPS) as well as the prohibitions set
oul in Selection 20 of the NIPAS Act: Provided, that all plans, policies and guidelines affecting tenured migrant

shall be developed and implemented in partnership with them,

SECTION 9, Other Activities within the protected areas: Environmental Impact Assessment-Proposals for
activities which are outside the scope of the GMPS for protected areas shall be subject to an environmental
impact as
such activities shall be allowed without the required Environmental Compliance Certificate (ECC) under the
Philippine Environmental Impact Assessment (EIA) System, In addition to the requirements needed in
oblaining an ECC within the PA, a PAMB clearance must be secured. Likewise, all existing project proponen
in the area shall the PAMS’s copy of their ECC’s, for monitoring purposes, within thirty (30) days upon’ the
effectivity of this Act. In Instances where such activities are allowed to be undertaken. the proponent shall plan
carry them out in such manner as will minimize any adverse effects to the protected area

ssment and recommendation by the PAMB before they are adopted. No actual implementation of

All development ecotourism and other economic activities within the alienable and disposable areas shall be
determined and/or subject for review by PAMB.

The energy and mineral resources of the Turtle Islands Wildlife Sanctuary may be subjected (0 exploration only
for the purpose of gathering information on energy and mineral resources. Sources shall be conducted only in
accordance with a program approved by the DENR as recommended by the PAMB, and the result of such
surveys shall be made available to the public

Should an area or portion thereof or activities fall within the jurisdiction of government instrumentalities other
than the PAMB prior to the passage of this Act, such jurisdiction shall remain in the said department or
government instrumentality exercising administrative jurisdiction over said areas or portion thereof. oF activity
Provided. that these agencies coordinate with the PAMB in the preparation of its management plans upon the
eflectivity of this Act



SECTON 10, Turtle Islands Protected Area Fund ~ There is hereby established a trust fund to be known
Turtle Islands Protected Area Fund for purposes of financing projects of the system. All income

Generated from the operation of the system or management of wild flora and fauna in the PA shall accrue to
the Fund, These income shall be derived from fees from permitted sale and export of fora and fauna and other

resources [rom the protected area, proceeds from lease of multiple-use areas

Contributions from industries ond facilities dirgetly benefiting from the protected area’ and such other fees ancl
income derived from the operation of the PA.
The Fund may be augmented by grants, donations, endowment rom various sources, domestic of Foreign for
purpose related to their function’ provided, That the Fund shall be deposited as Special Account in the National
Treasury and Disbursements there from shall be made solely for the protection, maintenance, administration
agement of the system, and duly approved projects and endorsed by the PAMB in accordance with
existing accounting and budgeting rules and regulation : Provided further, that Fund shall not be used to cover

and mat

personal services expenditures.

The LGUS shall continue t impose and collect all other fees not enumerated herein which they have
traditionally collected, such as business permits, property tax, ad rentals of local government units” facilities
Furthermore Local government units may charged add-ons to fees imposed by the PAMB provided that such
add-ons shall be determined based on the contribution of the local government units in the maintenanee and
protection of the protected area

SECTION 11, Special Prosecutors ~ The Departmeat of Justice (DOJ) n and/or designated
aspecial prosecutor to solely prosecute violations of laws, rules and regulation within the PA within sixty (60)
days from effectivity of this Act.

‘The PAMB may recommend the immediate replacement of the special prosecutor if found remiss in the
performance of this duties and responsibilities

SECTION 12: Prohibited Acts ~ The following acts are prohibited

(a) Hunting, Destroying, Disturbing or mere possession of any animal products derived
There from without a permit from the PAMB
(b) Dumping ofany waste products detrimental (o the PA, or to the plants and animals or inhabitants therein
(©) Using any motorized equipment and vehicles within prohibited areas without a permit from the PAMB.
(d)— Mutilating, defacing, or destroying objects of natural beauty, or objects of interest to cultural
communities; ‘
(c) Damaging and Leaving roads and tratls in a damaged condition;
(1) Squatting, mineral locating, or otherwise occupying any land:

(g) Constructing or maintaining any kind of structur, fence, or enclosures, of conducting any: business
enterprise without a permit,

(hy 1
in bodies of water

(i) Altering, removing, destroying

ing in exposed oF unsanitary condition refuse or debris, or or depositing the same in the ground on

Jefacing boundary marks or signs


() Illegal fishing such as trawl fishing or that which makes use electrical gadgets. poison, dynamite,
superlight of flora and fauna
() Entry without permit of the following, mountain climber. campers, divers: spelunkers

Study/research groups/individuals; and visitors/tourist
(m) — Mining of any kind that would be detrimental to the conservation and prot
Wildlife Sanctuary
(n) Poaching, or any act of killing, hunting or capturing of wild animals within the areas covered by'the
Turtle Islands Wildlife Sanctuary

ion of the Turtle Islands

In order to penalize violators of any activities not anticipated in this Act, the PAMB shall be authorized to
impose corresponding administrative penalties.

SECTION 13, Penalties - Any person who violates this Act or any rules and regulations issued by the DENR,
pursuant to this Act and found guilty by a competen{ court of any of the offenses “(P 10,000.00) nor more than
Five Hundred Thousand Pesos (P 500,00,00) exclusive of the thir
one (1) year but more than six (6) years, or both, as determined by court

damaged or imprisonment of not less than

Moreover, the court shall order the eviction of the offender from the land and the forfeiture in favour of the
government of all minerals, timber, or any species collected or removed including all made thereon by the
offender. If the offender is an association or corporation, the president or managers shall be directly responsible
for the act employees and labors: Provided that the PAMB may impose fines and penalties for violations,not
covered by existing regulations

SECTION 14. Appropriations ~ The Secretary of the DENR shall immediately include the Department's
progsam, the implementation of this Act, the Funding of which shall be include in the annul General
Appropriation Act (GAA),

SECTION 15, Separability Clause- If any provision of this Act is declared unconstitutional, such declaration
shall not affect the other parts of sections hereof.

SECTION 16, Repealling Clause ~ All laws, presidential decrees, executives, or ru
inconsistent eith any provision of this Act be deemed or modifies accordingly

and regulations

SECTION 17, Bffectivity Clause- This
newspapers of general circulation

all effect fifteen (15) days after its complete publication in Wwo (2)

Approved