THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
1 
5 
JUN -a ~3 :zz 
i 
Senate Bill No. 
Introduced by Senator Companera Pia S. Cayetano 
EXPLANATORY NOTE 
Sustainable developmeat is a global trend that merits our serious consideration. 
Other countries have already started holding conferences, meetings and activities, with 
the World Summit on Sustainable Development in Johannesburg, South Africa as one of 
them. As a signatory of the Agreement on World Sustainable Development, the 
Philippines for its part conducted two multi-sectoral conferences discussing the 
Philippine Agenda for Sustainable Development for the 21' Century or PA 21. 
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In support thereof, an implementation of a sustainable marine development is 
important. Already endangered, the Apo Reef is the largest coral reef of the Philippines, 
home to 385 species of marine life, and nesting ground for migratory birds and other 
species of wildlife. It also holds an interesting submarine formation of coral walls and 
caves that attracts diving enthusiasts. Thus, there is a pressing need to safeguard this vital 
natural resource and treasure of the country. 
This bill seeks to establish the Apo Reef Natural Park in the Municipality of 
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Sablayan, Province of Occidental Mindoro and declare it as Protected Area. In view of 
the foregoing and in response to the call for sustainable development, the immediate 
approval of this bill is earnestly requested. 
SENATOR C O M P ~ E R A  
PIA s. CAYETANO 


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THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
1 
SENATE 
Senate Bill No. 
5 JUN -8 P3:22 
Introduced by Senator Companera Pia S. Cayetano 
AN ACT 
ESTABLISHING APO REEF IN SABLAYAN, OCCIDENTAL MINDOROlAS A 
PROTECTED AREA AND ITS PERIPHERAL WATERS AS BUFFER ZONES, 
PROVIDING FOR ITS MANAGEMENT, FUNDS AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Phillippines in Congress 
assembled: 
SECTION 1. Title. - This Act shall be known as the “Apo Reef Act of 2005”. 
SEC. 2. Declaration of Policy. - In view of the importance of Apo Reef in 
Sablayan, Occidental Mindoro, its biodiversity and role in the fisheries of the region, it is 
hereby declared the policy of the State to ensure the protection and conservation of Apo 
Reef, its associated waters, biodiversity and islands. Pursuant thereto, the State shall 
ensure the full implementation of this Act, mobilize resources in order to put into 
operation institutional mechanisms and full scientific and technical support for the 
conservation of biodiversity and the integrity of the ecosystems in Apo Reef. 
SEC. 3. Scope. - The boundaries of the Apo Reef Protected Area, situated in the 
Municipality of Sablayan, Province of Occidental Mindoro, containing an approximate 
area of fifteen thousand seven hundred ninety-two (15,792) hectares, are as follows: 
Latitude 
Northings 
Eastings 
(Meters) 
(Meters) 
Control Points 
CM 0 
223773.809 
2 
123 
12-41-11 
120-33-44 
235240.033 
12-3 5-47 
120-29-57 
228292.637 
3 
123 
4 
123 
12-39-1 8 
120-23-46 
2217153.893 
Any modification to this Act due to factors such as changing ecological situations, 
new scientific or archeological findings, or discovery of traditional boundaries not 
previously taken into account shall be made through an Act passed by Congress after full 
consultation with the affected public and concerned government agencies. 
( <  ‘0 
1 
123 
12-44-47 
120-27-22 
SEC. 4. 
Buffer Zones. - Buffer Zones surrounding the Protected Area, 
containing an approximate area of eleven thousand six hundred seventy-seven ( \ 1,677) 
24 
hectares, are hereby established with the following boundaries: 


Control 
Points 
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2 
3 
4 
CM 
Latitude 
Longtitude 
Northings 
Eastings 
(Metres) 
(Metres) 
123 
12-46- 14 
120-27-00 
1413043.227 223 151,990 
123 
12-41-32 
120-35-19 
1404229.656 238121.888 
123 
12-34-20 
123-30-1 6 
1391 042.803 
228863.890 
123 
12-3 8-57 
120-22-12 
1399689.788 
2143p9.441 


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conforms to all laws and applicable rules and regulations of national application issued 
by the DENR. The Secretary may revise and modify the Protection and Conservation 
Plan, submitted for certification to make it conform to the laws and applicable reg lations 
after consultation with the PAMB. 
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Within one (1) year from the effectivity of this Act, a Protection and Conservation 
Plan shall have been put into effect following the General Management Planning Strategy 
provided for under Republic Act No. 7586 and according to the procedure herein set 
forth. It shall contain, among others, the following: 
(a) the category of the Protected Area 
(b) period of applicability of the plan 
(c) key management issue 
(d) goals and objectives of management in support of Section 2 hereof 
(e) site management strategy 
(0 major management activities, such as, but not limited to enforcement of laws, 
habitat and wildlife management, sustainable use management, infrastructure 
development and maintenance, fire and pest control 
(g) zoning 
(h) visitor and management programs 
The PASu shall prepare all successor plans. One year before the expiration of the 
period of the applicability of the plan effect, the PASu shall cause publication of notices 
for comments and suggestions on the next successor plan in a newspaper of local 
circulation in the Municipality of Sablayan and the posting of such notices in the 
provincial, municipal and barangay hall, in three other areas frequented by the public and 
on Apo Island. Upon the written request of any interested party, public hearings may be 
conducted on the successor plan. Such proposed plan shall be made available to the 
public during the period for comment and a finalized plan shall be made available for 
public perusal at the Office of PASu upon the approval of PAMB. 
The zoning of the Protected Area shall give primary consideration to the 
traditional zones that have been sustainably used by fishers for an appreciable I+@h of 
time unless such uses are deemed detrimental to biodiversity and protection of the natural 
characteristics of the Protected Area. 
The plan shall be in a language understandable in the area, plainly written and 
available for perusal to the general public at the PASu Office. 
SEC. 7. Institutional Mechanisms. - The following administrative and policy- 
making mechanisms shall apply: 


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A. The Protected Area Management Board. - There shall be a Protected Area 
Management Board which shall be the policy-malting body of the Protected Area. 
It shall be composed of: 
1. The Provincial Environment and Natural Resources Officer as Chair; 
2. The Provincial Planning and Development Officer; 
3. One (1) representative from the Municipal Government of Sablayan to be 
appointed by the Mayor; 
4. The president of Association of Barangay Captain of Sablayan; 
5. One (1) representative from other departments or national government 
agencies directly involved in the Protected Area or with long term projects 
or permanent facility located therein; 
6. One (1) representative from the Land Bank of the Philippines, Sablayan 
Branch to be appointed by the Branch Manager; 
7. Two (2) representatives from accredited NGOs operating within Sablayan 
chosen among themselves in a meeting duly called for the purpose; 
8. Two (2) representatives from accredited POs operating within Sablayan 
chosen among themselves in a meeting duly called for the purpose; 
9. Three (3) representatives from the local indigenous communities chosen 
among themselves in a meeting duly called for the purpose. 
Every member of the PAMB shall serve for a term of five (5) years and shall be 
considered to represent his or her sector deemed to carry the vote of such sector in all 
matters. In case of members who are government official, the membership shall be 
attacked to the office held. 
All members of PAMB, Secretariat and CENRO are allowed to claim 
incentive/allowance in the amount of five hundred pesos (P500.00) while attendi g their 
regular meetings chargeable to fund allocation for PAMB operations. 
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The PAMB of Apo Reef shall have the following powers and functions: 
1. Decide matters relating to planning, resources protection and general 
administration of the area in accordance with the approved protection and 
conservation plan; 
2. Approve proposals, work plans, action plans and guidelines for the management 
of the Protected Area in accordance with the approved protection and 
conservation plan; 
3. delineate and demarcate Protected Area boundaries buffer zones, ancestral 
domains, and recognize the rights and privileges of indigenous communities 
under the provision of this Act; 


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B 
4. Promulgate rules and regulations to promote development programs and projects 
on biodiversity conservation and sustainable development consistent with the 
Management Manual of the Protected Area; 
5. Ensure the implementation of programs as prescribed in the Protection and 
Conservation Plan in order to provide employment to the people dwelling in and 
around the Protected Area; 
6. control and regulate the construction, operation and maintenance of roads, trails, 
waterworks, sewerage, fire protection and sanitation system and other public 
utilities within the Protected Area; 
7. Monitor and evaluate the performance of Protected Area personnel, NGOs and the 
communities in providing for biodiversity conservation and socio-cultural and 
economic development and report their assessments to the NIPAS Policy and 
Program Steering Committee and the IPAF Governing Board. 
The DENR, though the Regional Executive Director (RED), shall exercise 
authority to oversee the PAMB to ensure that it is acting within the scope of its powers 
and functions. In case of a contradiction between administrative orders issued by the 
DENR pursuant to Republic Act No. 7586 for national application and the rules and 
regulations issued by PAMB, the PAMB shall notify the Secretary of the DENR who 
shall decide whether to apply the rule or withdraw its application. 
B. The Protected Area Superintendent (PASu). - There shall be a Protected Area 
Superintendent appointed by the DENR, who shall serve as the chief operating 
officer of the Protected Area. The PASu shall have the following pow k rs and 
functions: 
1. Prepare the Protection and Conservation Plan and successor plans as 
herein provided and execute it; 
2. Serve as the Secretariat for the PAMB with the duty to provide the PAMB 
with all the information necessary for it to make appropriate decision 
when necessary; 
3. Hire and supervise the necessary personnel to support operations as the 
budget made available by the PAMB may allow; 
4. Establish productive partnership with the local community including 
groups interested in the achievement of the goals and objectives of the 
Protected Area, and in the planning, protection and management thereof; 
5. Develop and implement a park information, education and visitor 
program; 
6. Enforce laws, rules and regulations relevant to the Protected Area and 
assist in the prosecution of offenses; 
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7. Supervise all activities with the Protected Area for conformity with the 
Protection and Conservation Plan; 
8. Perform such other functions as the PAMB may assign. 
SEC. 8. Administration and Mangemenf. - The Apo Reef Protected Area is 
hereby placed under the control and administration of the DENR through the Protected 
Area Management Board. For this purpose, there is hereby created a Protected Area 
Office which shall be equipped with necessary personnel, as follows: 
One (1) Protected Area Superintendent (PASu) 
One (1) Assistant PA Superintendent 
Technical Staff: 
One (1) Senior Ecosystem Management System Specialist 
Two (2) Ecosystem Management Specialist I1 
One (1) Community Development Officer I1 
Two (2) Ecosystem Management Specialist I 
Three (3) Community Development Officer I 
One (1) Project Development Officer I 
Administrative Staff: 
One (1) Administrative Officer I1 
One (1) Records Officer 
One (1) Property Custodian 
One (1) Clerk I11 
Two (2) Clerk I1 
One (1) Driver 
Two (2) Utility Man 
Finance Staff: 
One (1) Accountant 
One (1) Cashier I 
One (1) Bookkeeper 
Two (2) Accounting Clerk 
Field Staff: 
Ten (10) Park Rangers 
Four (4) Boatswain 
Four (4) Boatman 
SEC. 9. Seasonal Fishing Rights. - Fishers who migrate Apo Reef seasonally 
for traditional fishing and other activities that have benign impact on the sustainability 
and biodiversity of the reef shall be allowed to continue such activities provided that 
commission of any of the prohibited acts herein or failure to report such acts when 
observed shall cause the cancellation of such rights. 
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SEC. 10. ProhibitedActs. - 
A. The Penalties in Article 309 and 310 of the Revised Penal Code depending 
on the value of the resources take, damaged or destroyed shall be imposed 
upon any person who: 
1. 
ii. 
,. . . 
111. 
iv. 
Hunts, destroys, collects, disturbs or possesses anywhere 
within the Apo Reef Protected Area any plants or animals, 
sand, coral, rocks or products derived therefrom without a 
Protected Area permit, with the exception of fish and aquatic 
products caught through passive fishing gear; 
Possesses outside the Protected Area any wild plants or 
animals or products derived therefrom which came from the 
Protected Area; 
Explores or extracts mineral within the Protected Area; 
Fishes within the Protected Area through the rse of 
explosives, noxious substances, electricity or nets below 
three (3) centimeters in size from knot to knot when 
stretched, or by any other means except with the use of 
passive fishing gear provided that the PAMB may take rules 
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and regulations to regulate, restrict or prohibit other activities 
that may cause reef destruction or damage, including, but not 
limited to reef gleaning and drift netting; 
Valuation of the damage shall take into account biodiversity and conservation 
considerations as well as aesthetic and scenic value. 
B. A fine of not less than five thousand pesos (P5,OOO.OO) but not more than 
one hundred thousand pesos (PlO0,OOO.OO) and/or imprisonment of not 
less than one (1) year nor more than three (3) years and the restoration and 
rehabilitation of the damages shall be imposed upon any person: 
i. 
Hunts, collects, removes or destroys any endangered or 
protected species; 
Drops anchor within the Protected Area except in the 
designated sites or where there is a danger to life or property 
which necessitates such act; 
Knowingly destroys or causes damage to any coral or other 
non-living marine resources; 
Throws, dumps or causes to be dumped into the sea within 
the Protected Area any non-biodegradable material or other 
substance deleterious to marine life; 
ii. 
iii. 
iv. 


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v. 
Fishes anywhere within the Protected Area without license. 
Anyone intending to fish within the waters of the Protected 
Area shall register hisher license with the PAMB. Failure to 
so register hisher license constitutes a presumption of a lack 
thereof. 
C. A fine of not less than one hundred thousand pesos (PlO0,OOO.OO) but not 
more than five hundred thousand pesos 
(P5O0,OOO.OO) and/or 
imprisonment from three (3) years.to five (5) years shall be imposed upon 
any person who: 
1. 
Violates any rules and regulations in the protection and 
conservation plan by the PAMB or agreements reached 
before the PAMB in its exercise of adjudicative functions; 
Erects any permanent structure on land or on water for any 
purpose outside the Protection and Conservation Plan, 
provided that permanent structures intended for marine safety 
and determined to be urgently necessary before the next 
Protection and Conservation Plan shall have taken effect 
shall be exempted from this prohibitions; 
Possesses or deals in ammonium nitrate or cyanide within the 
Protected Area. 
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ii. 
iii. 
D. A fine not less than five thousand pesos (P5,OOO.OO) nor more than five 
hundred thousand pesos (P5OO,OOO.00) andor imprisonment of not less 
than one (1) year but not more than five (5) years shall be imposed upon: 
1. 
Any person who shall induce another or conspire to commit 
any of the above acts or suffer their workers to commit any 
of the above acts shall be liable in the same manner as the 
one actually performing the act; 
Any person who shall evade responsibility for criminal acts 
by disguising a vessel or hiding its registered name or 
registering a vessel twice under different names. The act of 
disguising a vessel or hiding its registered name or 
registering a vessel twice under different names shall give 
rise to disputable presumption that it was committed with the 
knowledge of the owner and' with intent to evade 
responsibility for criminal acts. 
ii. 
SEC. 11. Special Prosecutors. - Within thirty (30) days from the effect'vity of 
this Act, the Department of Justice shall appoint a special prosecutor to whom all cases of 
violation laws, rules and regulations in the PA shall be assigned. Such special prosecutor 
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shall coordinate with the PAMB and the PASu in the performance of hisher duties and 
assist in the training of the Task Force Save Apo Reef and other wardens and rangers in 
arrest and criminal procedure. Whenever resources of the PAMB would allow, special 
private prosecutors may be appointed to act under the control and supervision of the 
prosecutor. 
SEC. 12. Local Government Units. - The Municipality of Sablayan, all its 
coastal barangays and the provincial government of Occidental Mindoro shall parhcipate 
in the management of the Apo Reef Protected Area through representation in the PAMB 
as provided for under Section 7 hereof. 
SEC. 13. Integrated Protected Area Funds. - The following shall constitute part 
of the Integrated Protected Area Funds and shall be subject to the rules thereon from the 
moment they accrue: 
(a) Taxes from the permitted use or collection of resources from Protected Areas 
with the exception of taxes already collected by the local government on such 
resources at the time of the passage of this Act; 
(b) Contribution from industries and facilities directly benefiting from the 
Protected Area; 
(c) Such other fees and incomes derived from the operation of the Protected Area. 
The PAMB shall have the power to disburse the IPAF: Provided, That a share of 
twenty five percent (25%) shall be provided for the use of the national government for 
the support of the National Protected Areas System: Provided, further, That the PAMB 
shall honor conditions attached to donations. 
SEC. 14. 
Utilization of Non-renewable Resources. - Any explanation for, 
exploitation or utilization of non-renewable resources within the Protected Area shall not 
be allowed. Energy projects, whether renewable or otherwise, shall be permitted only 
through an Act of Congress, provided that exploitation of renewable energy up to three 
(3) megawatts capacity shall be exempt from such requirement. 
SEC. 15. 
Appropriution. - For the purpose of this Act there is hereby 
appropriated the amount of Ten million pesos (PlO,OOO,OOO.OO) for the first three (3) 
years of operation after which the IPAF should support PA activities without prejudice to 
the possibility of annual appropriations as may be required. 
SEC. 16. Construction. -The provision of this Act shall be construed liberally in 
favor of tenured migrants and indigenous cultural communities and wik due 
consideration to the protection of biodiversity, Republic Act No. 7586 shall have 
suppletory effect in the implementation of this Act. 
SEC. 17. Repealing Clause. - For the purpose of this Act. Sections 11, 15, 20 
and 21 of Republic Act No. 7586 are hereby modified. All other laws, rules and 
regulations inconsistent with the act are hereby repealed or modified accordingly. The 


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prohibition and penalties under Republic Act No. 7586 are hereby superseded for the 
entire area covered by this Act. 
SEC. 18. Separability Clause. - The provisions of this Act are hereby declared 
to be separable, and in the event one or more of such provisions are held unconstitutional, 
the validity of other provisions shall not be affected thereby. 
SEC. 19. Effeectiviry Clause. - This Act shall be translated in English and 
Filipino, within thirty (30) days from the date of approval hereof. It shall be published 
once a week for three (3) consecutive weeks in a newspaper of general circulation readily 
available in the areas in and around the score specified herein. It shall likewise be 
conspicuously posted simultaneously in the provincial, municipal and barangay halls 
within the area as well as in three (3) other places frequented by the public. Fifteen (15) 
days after the last publication and posting, this Act shall have full force and effect. 
Approved, 
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