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

FIFTEENTH CONGRESS
First Regular Session

. 2861

HB.

NTRODUCED BY THE HONORABLE ANGELO PALMONES

AN ACT ESTABLISHING A NATIONAL MANGROVE CONSERVATION AND
REHABILITATION PROGRAM COVERING ALL IDENTIFIED MANGROVE
AREAS IN THE COUNTRY, AND PROVIDING INSTITUTIONAL SUPPORT
AND INCENTIVES THEREFOR :

EXPLANATORY NOTE

In 1918 or thereabout, the Philippines had up to 500,000 hectares of lush mangrove
forests. By 1987 this had been reduced considerably to only about 205,000 hectares, and
in 1993 only about 125,000 ha remained. Today, we have less than 120,000 hectares left,
and much of these are only secondary forests. The reasons for the rapid decimation of the
mangrove resources had been attributed to the conversion of mangrove areas into
fishponds or aquaculture ponds, settlement areas, agriculture, saltbeds, unrestrained
cutting of mangrove trees for fuel wood and charcoal production, and further aggravated
by the ever-increasing population pressure. Aquaculture remains the major cause in the
loss of mangrove areas. Around half of the 279,000 hectares of mangroves lost in 1951 to
1988 had been the result of conversion of these areas into fishponds.

The country’s mangrove resources continue to decline despite numerous laws protecting
them. Efforts to reclaim and rehabilitate degraded mangrove areas have been started
some thirty (30) years ago. However, mangrove restoration efforts pale in comparison to
the various pressures impinging on it.

Mangroves play a variety of important economic, as well as ecological services
particularly to communities around them. They serve as breeding grounds and nurseries
of marine organisms. Commercial seafood species depend for part of their life cycle on
mangrove ecosystems. Mangroves support vast varieties of marine species through
complicated food web, part of it coming from detritus they generate. They are also
sources of raw materials for construction, furniture production, as well as for energy
(fuelwood and charcoal). Some important dyes come from the bark of mangroves. Nipa is
a source of alcohol, roofing materials, and other uses.


Mangroves buffer the impacts of storm surges, typhoons, tsunamis, and other natural
disasters on adjacent terrestrial communities and ecosystems. By slowing the rate of
water flow and allowing silt to settle out, they reduce the impact of flooding on adjacent
marine ecosystems such as seagrass beds and coral reefs. They help regulate the climate
by sequestering carbon in their biomass, and the carbon is kept from being emitted into
the atmosphere while the wood remains sound. Another ecological service that
mangroves provide is the absorption of wastes coming from upstream thus protecting
marine habitats. The web of roots of mangroves captures silts coming from the uplands
and prevents their being deposited into seagrass beds and coral reefs. Another benefit is
soil nutrient replenishment as soil nutrients (NPK) are recharged by litter-fall of the
mangrove forest. They also provide habitat for a number of wildlife and serve as roosting
place for migratory birds.

Ecotourism is an important economic service that mangroves can provide under certain
conditions. The mangrove area in Bancon, Bohol has been developed into a busy
destination of tourists and bird-watchers.

The country stands to lose all these invaluable existing and potential economic and
ecological benefits unless timely concerted steps and aggressive action’ are taken by
government to stem the tide of the virtual annihilation of this precious natural heritage.
The time is now to rally the support of all sectors of society, including all government
instrumentalities to ensure the attainment of the desired objectives of this Bill in a
collective nationwide ‘effort to rehabilitate and conserve our mangrove forests by
providing appropriate incentives to attract the active participation of every conservation-
conscious Filipino.

‘Thus, this Bill establishing a national mangrove conservation and rehabilitation program

will set a new and responsive direction to revitalize mangrove development and
management in the country.

In view of all the foregoing considerations, the immediate passage of this Bill is earnestly
requested.

ANGELO PALMONES
Representative, AGHAM.


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

FIFTEENTH CONGRESS
FIRST REGULAR SESSION

oRnet
HOUSE BILL NO. 2861

Introduced by HONORABLE ANGELO PALMONES _

AN ACT ESTABLISHING A NATIONAL MANGROVE CONSERVATION AND
REHABILITATION PROGRAM COVERING ALL IDENTIFIED MANGROVE
AREAS IN THE COUNTRY, AND PROVIDING INSTITUTIONAL SUPPORT
AND INCENTIVES THEREFOR

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

SECTION 1- Title. This Act shall be known as the “National Mangrove Conservation
and Rehabilitation Act of 2010.”

‘TION 2- De ion of Policy. Recognizing the multifarious benefits of
mangroves in terms of ecological and economic values as a natural and productive
resource, and in consonance with the mandate of the Constitution to “protect and advance
the right of the people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature”, it is hereby declared the policy of the State to secure the protection,
conservation and rehabilitation of all mangrove areas of the country to ensure that its use
and enjoyment are consistent with the key principles of sustainable development, and at
the same time maintaining a balanced ecosystem for the benefit of the Filipino people

SECTION 3- The National Mangrove Conservation and Rehabilitation Program- In
line with the above-enunciated policy, and to address the present deplorable state of the
country’s mangrove resources caused primarily by overexploitation, conversion to
fishponds, urban land reclamation and other factors, there is hereby established a
“National Mangrove Conservation and Rehabilitation Program” which shall be
implemented by the DENR in all identified mangrove areas of the country, and allowing
concerned National Government Agencies (NGAs), Local Government Units (LGUs),
the Private Sector, Non-Governmental Organizations (NGOs), People’s Organizations
(POs) and other civil society groups or individuals to participate and assist the
government in its implementation.



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

(a) Affforestation- refers to the establishment of mangrove plantations in suitable
areas not previously vegetated with mangroves;

(b) Aquasilviculture — combination of tree plantation technologies and fish or
other sea products culture designed to obtain optimum economic and environmental
benefits from mangrove forests;

(©) Alienable or Disposable Lands.~Those lands of the public domain which have
been the subject of the present system of classification and certified as not needed for
forestry purposes (P.D. 705, as amended);

(@) Coastal Area/Zone.-A band of dry land and adjacent ocean space (water and
submerged land) in which terrestrial processes and uses directly affect oceanic processes
and uses and vice versa; its geographic extent may include areas within a landmark limit
of 1 km from the shoreline at high tide to include mangrove swamps, brackish water
ponds, nipa swamps, estuarine rivers, sandy beaches, and other areas within a seaward
limit of 200 isobath to include coral reefs, algal flats, seagrass beds and other soft-bottom
areas (R.A. 8550);

(e) Coastal Environment Program (CEP).-A program established in the DENR to
implement its projects on conservation and management of the coastal environment. The
CEP encompasses all concerns over the habitat and ecological support systems of coastal
communities and fisheries specifically pertaining to their productivity, biodiversity,
integrity, sustainability, and equitability of access and use (EO 263, DAO 9629);

(f) Coastal resources — are plant and animal life found in the interface where the
land meets the sea, also called coastal zone. These include coral reefs, mangroves,
seagrasses, fishes, crustaceans, shells and other life forms found in the coastal zone.

(e) Communal Mangrove Forest.-A tract of public mangrove forest set aside by
the DENR Secretary upon the recommendation of the Director of the Forest Management
Bureau for the exclusive use of the Municipality (DAO 15, Series of 1990);

(h) Community-Based Forest Management Agreement (CBFMA).-A Production
Sharing Agreement entered into between a community and the government to develop,
utilize, manage, and conserve a specific portion of the forestland, consistent with the
principles of sustainable development and pursuant to a Community Resource
Management Framework (EO 263, DAO 9629);

(@ DENR- shall mean the Department of Environment and Natural Resources

___ G) Environmentally Critical Area.-An area that is environmentally sensitive and is
so listed under Presidential Proclamation No. 2146, Series of 1981, as well as other areas


which the President may proclaim as environmentally critical in accordarice with Sec. 4
of PD 1586 (DAO 21, Series of 1992 as amended by DAO 96-37, Series of 1996;

(k) Environmental Compliance Certificate-The document issued by the DENR
Secretary or the Regiosial Executive Director certifying that, based on the representations
of the proponents and the preparers, as reviewed and validated by the EIA Review
Committee, the proposed project or undertaking will not cause a significant
environmental impact; that the proponent has complied with all the requirements of the
EIS System; and that the proponent is committed to implement its approved
Environmental Management Plan in the Environmental Impact Statement or mitigation
measures in the Initial Environmental Examination (DAO 11, Series of 1994);

(1) Environmental Impact AssessmentThe process of predicting the likely
environmental consequences of implementing projects or undertakings and designing
appropriate preventive, mitigating, and enhancement measures (DAO 21, Series of 1992,
as amended);

(m) Environmental Impact Statement (EIS) System.-The entire process of
organization, administrations, and procedures institutionalized for purposes of assessing
the significance of the effects of any project or undertaking on the quality of the
physical, biological, and socioeconomic environment, and designing appropriate
preventive, mitigating, and enhancement measures (DAO 21, Series of 1992, as
amended);

(n) Fishpond Lease Agreement (FLA).-A privilege granted by the State to a
person or a group of persons to occupy and possess in consideration of specified rental
any public lands for the raising of fish and other aquatic products (DAO 15, Series of
1990);

(0) License- A privilege granted by the State to a person or a group of persons to
cut and utilize mangrove resources within a specified mangrove production area, without
any right of occupation and possession over the same(FAO 15, Series of 1990);

(P) Mangrove - is a type of forest growing along tidal mudflats and along shallow-
water coastal areas extending inland along rivers, streams and their tributaries where the
water is generally brackish (Mangrove Mgt. Handbook- CRMP (DENR-USAID)

(@) Mangrove Area-The area found along the seacoast and estuaries whether
sparsely or thickly vegetated with true and/or associated mangrove species, or open

swampy areas, including brackish fishponds extending along streams where the water is
brackish (DAO 15, Series of 1990); .

_____(®) Mangrove Resources.-A\ll terrestrial and aquatic flora and fauna in mangroves
including land and minerals which could bestow any form of services, influences and
amenities to man and the environment (DAO 15, Series of 1990);.



(5) Mangrove species — are woody or non-woody plants adapted for life in
brackish water. These are exemplified by bakauan, tangal, pagatpat, nipa and other
species;

(f) Mangrove Forest Plantation- are mangrove forests that have developed from
planted mangrove trees and other associated plants.

(u) Mangrove Production Zones.-are mangrove areas duly designated as such
where natural mangrove forests are strictly protected, while allowing mangrove
plantations developed therein to serve the economic needs of the communities in terms
of timber as housing materials, firewood, charcoal , etc. Sustainable harvesting of
mangrove species based on duly-approved resource use plan may be allowed in these
zones as incentives for the planters;

(v) Mangrove Protection Zones.-are mangrove areas duly designated as such
where the natural mangrove forests, as well as established mangrove plantations therein
are managed exclusively to protect the respective coastal areas and communities from
storm surges, waves, tidal currents and typhoons. Cutting of mangrove trees and other
plants, whether naturally growing or planted, are strictly prohibited in these zones;

(w) Natural Mangrove Forests ~ are forests that have grown naturally without the
aid of human intervention except in enhancing its growth such as enrichment planting or
assisted natural regeneration.

(x) Non-Government Organization- a group of persons or an organization
commonly referred to a Assisting Organization (AO) with various expertise contracted by
the DENR to assist in the implementation of its projects;

(y) People’s Organization (PO) - a group of people living within or adjacent to
DENR mangrove subprojects organized into an association, cooperative or any other
appropriate form of organization to implement the component strategies of a particular
community-based mangrove project;

(2 Reforestation — refers to planting of mangrove species in degraded areas
formerly vegetated with mangrove species;

(aa) Secretary- shall mean the Secretary of the Department of Environment and
Natural Resources.

: (bb) Sea ranching ~ refers to the culture of economic fishes and other sea products
in an enclosed or strictly protected area with the main purpose of utilizing or harvesting the
mature individuals and in restocking adjacent areas.


(cc) Stewardship Agreement.-A contract entered into by and between an
individual mangrove user or mangrove user association or cooperative and the
government which grants the former the right to the exclusive use of a specified
mangrove area for managing that area according to a stewardship Plan (DAO 03, Series
of 1991);

SECTION 5- Identification/Survey/Zonification and Mapping.-The DENR Secretary
shall, in coordination with the Department of Agriculture (DA) and all the Local
Government Units (LGUs) concerned, order the identification, survey, zonification and
mapping of all mangrove areas in the country segregating areas that are still forested,
severely denuded or degraded, and classifying them based on scientific and factual
considerations into two main categories, namely: (1) Mangrove Protection Zone; and (2)
Mangrove Production Zone.

SECTION 6- Mangrove Protection Zone- The following shall constitute the Mangrove
Protection Zone as identified/zonified and mapped:

(a) All mangrove areas included under the National Integrated Protected Areas
‘System (NIPAS);

(b) Mangrove Areas outside of the NIPAS that have distinctive or remarkable
physical and aesthetic features, anthropological significance and ecological
values. These Non-NIPAS areas include coastal wetlands, easements along
waterways and shorelines, ecotourism sites and other biologically important
areas;

(c) All existing natural mangrove stands with their associated plants and other
biological composition; and

(@ All coastal and mangrove areas, with or without existing vegetation, which
are prone to natural hazards such as floods, typhoons, storm surges, etc.

All mangrove areas included in the Mangrove Protection Zone shall be conserved and
protected to prevent further deterioration of the environment and to minimize the adverse
effects of natural disasters. They shall also serve as spawning grounds for fish, prawns
and crabs and shall support fisheries production in the area.: Provided that the cutting
of mangrove trees and other associated plants therein, whether naturally growing or
planted, is strictly prohibited;

SECTION 7- Mangrove Production Zone. The Mangrove Production Zone shall
consist of the following:

(a) Coastal and mangrove areas located outside of the Mangrove Protection
Zones which are covered with existing permits for CBFM and aquaculture
projects, and mangrove areas with approved Fishpond Lease Agreements;


(b) Mangrove areas outside the Mangrove Protection Zone which are potential
sites for the establishment of mangrove or nipa plantations that the
communities can in the future harvest for domestic uses like housing
materials, firewood, poles, etc.;

(©) Mangrove areas outside the Mangrove Protection Zone that can be developed
as altemative livelihood such as sea ranching/mariculture, fishery,
aquasilviculture, cottage industry, etc., which are not detrimental to the
continued existence or to the restoration of mangroves in these areas; and

(d) Non-Mangrove Areas ~ mud flats and reef flats that may be developed into
mangrove plantation (bakauan bato, pagatpat and bungalon), provided the area is
not covered with sea grasses.

All coastal mangrove areas falling within the classification of Mangrove Production Zone
shall be managed in accordance with the key principles of sustainable development:
Provided that mangrove plantations established within this zone may be permitted to be
selectively harvested for domestic purposes only on a sustainable basis as deemed
appropriate; Provided Further, that the privilege to harvest shall only be granted to the
private individual or a group of individuals, or association/cooperative which established
and developed the said plantations as previously authorized through an approved contract
or agreement for the purpose; Provided Further, that'no harvesting shall commence
without a Resource Use Plan prepared by the proponent and duly approved by the
Secretary; or the duly authorized DENR Officer; and Provided Finally that there shall
be strictly no cutting of naturally growing mangrove species thercin;

SECTION 8- Existing Government Projects in Coastal and Mangrove Areas-
Existing government mangrove programs/projects such as the DENR Coastal
Environment Program (CEP), Forestry Sector Subprojects (FSP), Community-Based
Resource Management (CBRM), Integrated Coastal Resources Management (ICRM)
Program, and other similar government initiatives shall continue to operate in conformity
with this Act. Additional project components consistent with those allowed in this Act
maybe identified for implementation subject to availability of funds within these
Programs whether from intemally-allocated funds or those generated by the programs
themselves as allowed by law.

SECTION 9- Ilegally-constructed and/or Abandoned Aquaculture Ponds or
Fishponds in Mangrove Areas- All aquaculture ponds or fishponds constructed without
a valid permit or license, or if covered with a valid permit, license, or lease agreement
but had been abandoned for a period of at least five (5) years from the date of issuance of
the permit, license, or lease agreement shall be automatically reverted to the category of
public forest, and shall form part of the Mangrove Production Zone to be managed in
accordance with this Program: Provided that the reverted areas referred to herein may be
developed into mangrove plantations that can be harvested for household uses; or the
same may be modified in a manner as to provide other alternative livelihood like
aquasilviculture, or developing the area for the harvesting of shells, crabs, shrimps, etc.;


and Provided Further that henceforth, mangrove areas shall no longer be released
or allowed for conversion into aquaculture ponds or fishponds.

SECTION 10- Rehabilitation of denuded/degraded Areas in Mangrove Protection
Zones, a Top Priority-The Secretary shall give top priority on the rehabilitation of
denuded/degraded areas within the Protection Zone as this is extremely necessary to help
cushion and mitigate the impacts of climate change, and to serve as buffer zones to
protect human lives and property, particularly those in coastal areas which are open or
exposed to natural disasters.

SECTION 11- Design of the Program and Mechanics of Implementation.-The
Secretary shall formulate a comprehensive long term National Mangrove Conservation
and Rehabilitation Program to achieve the intents and purposes of this Act: Provided That
there is hereby allocated fifty million pesos (P 50,000,000) per year for the next 10 years
to implement the said Program; Provided Further that the Department shall submit to
Congress an annual accomplishment report on the implementation of the Program; and
Provided Finally that the Program shall be developed and implemented with active
participation of concerned National Government Agencies (NGAs), Local Government
Units (LGUs), the Private Sector, Non-Governmental Organizations (NGOs), People’s
Organizations (POs), and other civil society groups or individuals to participate and assist
the government in its implementation. The Secretary shall likewise put in place a sound
and feasible Monitoring and Evaluation System (MES) to systematically check and
ensure the successful implementation of the Program.

SECTION 12- MANAGEMENT STRATEGIES:
12.1 Project Implementation Approaches
12.1.1 CBFM approach

The community-based forest management (CBFM) shall be the primary
implementation approach for projects to be implemented under this Program.
Communities living within or outside mangrove areas whose livelihood sources
are closely linked to the mangrove areas may apply for tenure of the mangrove
areas under the CBFM program.

Within one year from obtaining tenure over the aforesaid area, the CBFM
People’s Organization (PO) shall submit to the Department through the CENRO
concerned a sustainable mangrove forest development plan which shall include,
among others, a detailed plan of activities relative to the development and
management of the production area, as well as provisions for the protection and

management of the protection zone therein, if the CBFMA thus issued covers
both zones.


CBEM Agreements may also be granted to communities through the PO within
NIPAS protected mangrove areas, or within duly-designated protection zones
under this Program. Likewise, within one year from obtaining the tenure over the
mangrove area, the PO shall submit to the Protected Area Management Board
(PAMB) concerned a Protection and Management Plan for the CBFMA area.
However, the PO may be allowed to develop the area for ecotourism purposes as
well as other development projects compatible with the protected area status of
the mangrove area as provided for in RA No. 7586 otherwise known as the
National Integrated Protected Area System (NIPAS) Act.

The Department of Agriculture's Bureau of Fisheries and Aquatic Resources shall
provide the necessary technical assistance in the development of alternative
marine-livelihood projects compatible with the objectives of the sustainable
mangrove management plan. Likewise, the Department of Tourism shall provide
the technical and promotional packages in developing ecotourism potentials of the
area. The DENR shall facilitate the coordination of the POs concerned with the
said National Government Agencies and other government agencies deemed
necessary for the development of alternative livelihood of the community.

12.1.2 Mangrove Area Adoption by Private Organizations

A program for the adoption of mangrove areas or portions thereof by private
citizens, groups or corporations shall be encouraged under this Act. Such
arrangement shall be limited only to areas within protection zones as so identified
and mapped where degraded mangrove areas or other appropriate areas are
developed through different rehabilitation strategies. It shall be covered by a
Memorandum of Agreement (MOA) or any valid legal instrument between the
DENR Regional Office and the private parties concerned that would ensure the
protection of the area.

‘The State shall allow integration of non-consumptive/non-destructive income-
generating components under this arrangement such as ecotourism, aqua-
silviculture development, and other economic activities allowed under this Act
primarily for purposes of generating funds; or allow donations, contributions,
bequest, subsidy and financial aids from individuals or legal entities to sustain the
protection of the areas placed under such arrangement: Provided that under this
scheme, cutting or gathering of mangrove timber whether naturally growing
or planted shall not be allowed. The DENR Regional Office shall have the
primary responsibility of monitoring and evaluating the compliance of its partners
with the terms and conditions of the MOA. Specific guidelines on this mangrove
forest adoption program shall be issued by the DENR within six (6) months upon
approval of this Act.

12.2 Mangrove Research, Development and Extension


‘The DENR’s Ecosystems Research and Development Bureau (ERDB) shall
further undertake relevant basic and applied research in support of this Program.
It shall likewise formulate extension approaches for technologies on mangroves
for field implementation.

‘To increase value-added to mangrove products, the Forest Products Research and
Development Institute (FPRDI) of the Department of Science and Technology
(DOST) shall be responsible for undertaking research and development in this
respect since utilization technologies are not generated by ERDB. FPRDI shall be
responsible for extension services of these technologies in collaboration with
ERDB.

Appropriate state colleges and university, particularly those situated near or
around mangrove areas are also hereby mandated to undertake research,
development and extension services on mangroves for adoption by the Program.

Social aspects of mangrove management and utilization, vulnerabilities and
adaptation to climate change shall be the major themes of these mangrove
research and development initiatives.

Within one year from the promulgation of this Act, the ERDB shall, in
cooperation and/or consultation with other concerned research agencies, develop
and submit to the DENR Secretary a National Research, Development and
Extension (RDE) program on mangroves. Such R & D program shall also include
R & D projects outside of DENR. It shall also reflect the R & D projects
identified under the National Research Development Agenda (NRDA) under the
Presidential Coordinating Council for Research and Development (PCCRD) and
also those identified under the National Framework Strategies on Climate Change
(NFSCC) and Action Program of the Commission of Climate Change, should
there be any.

SECTION 13- Environmental Impact Assessment (EIS) System.-All harvesting

operations when permitted by the Secretary shall be covered by the EIS System. Relative

thereto, all proponents applying for a cutting license in their respective production areas

shall secure from the DENR an Environmental Compliance Certificate (ECC) before they

are allowed to conduct harvesting operations in accordance with the approved Resource
se Plan.

SECTION 14- INCENTIVES AND INSTITUTIONAL SUPPORT- By virtue of their
participation in the Mangrove Area Adoption Scheme of this Program as provided for
under Section 12.1.2 hereof, the following incentives, which are similar to those provided
under R. A. No. 8525, or the Adopt- a- School Act of 1998, and other existing laws or
bills, if any but with modification, shall be granted to the participating legal entity such as
associations, cooperatives, corporations, ete., or individual:


(@) Deduction from their taxable income of the full amount of the donations,
contributions and/or other expenditures incurred in the implementation of the
Project; and

(b) Exemption from the payment of the donor’s tax for any donations and/or other
related contributions used in the implementation of the Mangrove Area
‘Adoption Scheme.

Contributions other than money shall be valuated based on the acquisition cost of the
property taking into account the depreciated value of the property if the same had already
been used when donated to the Project.

SECTION 15- Additional Incentives. The adopting entity/individual shall, in addition
to the incentives provided in the immediately preceding Section, likewise be entitled to
other incentives and awards that the DENR may provide to deserving Program
participants.

SECTION 16- Implementing Rules and Regulations-The Secretary of the DENR shall,
in consultation with the Department of Finance (DOF), Department of Agriculture (DA),
Department of Budget and Management (DBM) and other concemed Agencies,
formulate the rules and regulations to implement the relevant provisions of this Act.

SECTION 17- Separability Clause. If any provision of this Act is declared
unconstitutional, the validity of the other provisions shall not be affected by such
declaration.

SECTION 18- Repealing Clause- Section 71 of Republic Act 7161 of 1992 and such
other laws, decrees, orders, rules and regulations or parts thereof inconsistent with this
Act are hereby repealed, amended, or modified accordingly.

SECTION 19- Effectivity. This Act shall take effect fifteen (15) days after its
publication in two (2) national papers of general circulation.

Approved: