NINETEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
Senate Bill No. lb j /
Senate
of tlje *ocittarji’
23 JAN 18 P5 21
RECEIVED BY;
Introduced by: Senator Raffy T. Tulfo
AN ACT
DECLARING THE THREE (3) NAUTICAL MILES SURROUNDING THE KALAYAAN 
ISLAND GROUP AND SCARBOROUGH SHOAL IN THE WEST PHILIPPINE SEA 
AS MARINE PROTECTED AREA UNDER REPUBLIC ACT NO. 7586 OR THE 
NATIONAL INTEGRATED PROTECTED AREAS SYSTEM ACT OF 1992, AS 
AMENDED BY REPUBLIC ACT NO. 11038, OR THE EXPANDED NATIONAL 
INTEGRATED PROTECTED AREAS SYSTEM ACT OF 2018
EXPLANATORY NOTE
The West Philippine Sea (WPS) is part of the Philippines' Exclusive Economic Zone 
(EEZ) located within the bounds of the South China Sea. The Scarborough Shoal also 
known as the Panatag Shoal, found within WPS, constitutes an atoll of reefs and rocks 
located about 124 nautical miles from the nearest coast of the Philippine island.
In 2022, several ASEAN countries signed the Declaration on the Conduct of Parties 
in the South China Sea (DOC) to "promote a peaceful, friendly and harmonious 
environment in the South China Sea for the enhancement of stability, economic growth 
and prosperity in the region." This declaration set forth several methods for amicably 
enforcing the terms of the UNCLOS and other treaties pertaining to the South China Sea.
However, some areas within the WPS have led to serious environmental 
degradation due to certain activities such as overfishing, poaching, large-scale ocean 
filling or reclamation, and undertakings-borne out of territorial disputes among several 
Asian nations, including the Philippines.
One of the most extremely damaging activities that affected the Scarborough 
Shoal was the brutal way of mass harvesting through the use of cyanide and dynamite 
by Chinese fishermen. This has significantly damaged the coral reef ecosystem in the said 
area. In fact, the Arbitral Tribunal found that the coral reef ecosystem of several reefs 
suffered "severe and irreparable harm" and were "permanently destroyed" due to land 
reclamation and construction of artificial islands, installations, and structures in the area.


This is a clear violation of China's obligation under the UNCLOS to protect and preserve 
the marine environment.
This bill seeks to preserve coral reefs and atolls, by declaring all low-tide elevations 
and high-tide features, and an area of three (3) nautical miles around the KIG and the 
Scarborough Shoal as a Marine Protected Area consistent with the Expanded National 
Integrated Protected Areas System Act of 2018 and the ruling of the Arbitral Tribunal. In 
order to attain the objectives of this Bill, the creation of a PAMB and PAMO covering the 
Kalayaan Island Group and Scarborough Shoal pursuant to R.A. No. 7586, as amended.
are necessary.
In view of the foregoing, approval of this bill is highly and earnestly sought.
RafFvcJ- Tulfo
Senator------


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NINETEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE1PQ7 
Senate Bill No. 1dj7
Senate
K • >7(g)f(up p( t))f &rf. rtnrp
23 JW18 P5 21
w,:ruiV!DBY.
Introduced by: Senator Raffy T. Tulfo
AN ACT
DECLARING THE THREE (3) NAUTICAL MILES SURROUNDING THE KALAYAAN 
ISLAND GROUP AND SCARBOROUGH SHOAL IN THE WEST PHILIPPINE SEA 
AS MARINE PROTECTED AREA UNDER REPUBLIC ACT NO. 7586 OR THE 
NATIONAL INTEGRATED PROTECTED AREAS SYSTEM ACT OF 1992, AS 
AMENDED BY REPUBLIC ACT NO. 11038, OR THE EXPANDED NATIONAL 
INTEGRATED PROTECTED AREAS SYSTEM ACT OF 2018
Section 1. Short Title. - This act shall be known as the "KIG and Scarborough 
Shoal Marine Protected Area Act of 2022"
Section 2. Declaration of Policy. - Article II, Section 16 of the 1987 Constitution 
declares that the State shall protect and advance the right of the people to a balanced 
and healthful ecology in accord with the rhythm and harmony of nature.
Likewise, Republic Act No. 7586 or the National Integrated Protected Areas System Act 
of 1992 (NIPAS), as amended by Republic Act No. 11038, or the Expanded National 
Integrated Protected Areas System Act of 2018 (E-NIPAS), mandates the State to secure 
for the Filipino people of present for 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 as provided for in the 
Constitution.
Scientific studies established that coral reefs in the Spratlys comprise 34 percent of the 
world's total coral reefs. These serve as the breeding ground of fish in the South China 
Sea despite occupying only 2.5 percent of the world's total ocean and sea surface making 
the South China Sea as one of the richest marine areas in the world, which is home to 
diverse marine ecosystems with over 3,000 species of fish and 600 species of coral reef.


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It is hereby declared the policy of the State to protect the ecology of the areas 
surrounding the Kalayaan Island Group (KIG) and the Scarborough Shoal.
Consistent with Article IL, Section 2 of the 1987 Constitution to adopt the generally 
accepted principles of international law as part of the law of the land and to adhere to 
the policy of peace, equality, justice, freedom, cooperation and amity with all nations as 
key in attaining the protection, conservation, preservation, and promotion of the 
biodiversity, ecosystem, and all other natural resources, we adhere to Article 123 of the 
United Nations Convention on the Law of the Seas (UNCLOS), which requires the 
Philippines and other coastal states in semi- enclosed seas like the South China Sea to 
cooperate with each other in the exercise of their rights and in the performance of their 
duties under the said Convention with respect to the protection and preservation of the 
marine environment.
Section 3. Definition of Terms
shall be defined as follows:
For purposes of this Act, the following terms
c.
e.
f.
Arbitral Tribunal Ruling - refers to the July 12, 2016 ruling rendered by the 
arbitral tribunal of the Permanent Court of Arbitration in The Hague adjudicating 
the Philippines' case against China in the West Philippine Sea in accordance with 
the 1982 UNCLOS;
Atolls - refers to a reef with or without an island situated on it surrounded by the 
open sea, that encloses or nearly encloses a lagoon;
Buffer Zones - refers to identified areas outside the boundaries of and 
immediately adjacent to designated protected areas that need special 
development control in order to avoid or minimize harm to the protected area; 
Kalayaan Island Group - refers to the group of islands and islets located in the 
West Philippine Sea including the seabed, subsoil, continental margin and airspace, 
declared to be subject to the sovereignty of the Philippines under Presidential 
Decree No. 1596, and was likewise declared as part of the Regime of Islands by 
Republic Act No. 9522, or An Act to Define the Baselines of the Territorial Sea of 
the Philippines;
Marine Protected Area - refers to identified portions of water set aside by 
reason of their unique physical and biological significance, managed to enhance 
biological diversity and protected against destructive human exploitation; 
National Park - refers to the lands of the public domain classified as such in the 
Constitution which include all areas under the NIPAS pursuant to this Act, primarily 
designated for the conservation of native plants and animals, their associated 
habitats and cultural diversity;


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g. Protected Area - refers to identified portions of land and/or water set aside by 
reason of their unique physical and biological diversity and protected against 
destructive human exploitation;
h. Reefs - refers to a mass of rock or coral which either reaches close to the sea 
surface or is exposed at low tide;
i. 
Scarborough Shoal - refers to an area located in the West Philippine Sea which 
was declared part of the Regime of Islands under R.A. No. 9522;
j. 
Strict Protection Zones CSPZs) - refers to portions within protected areas that 
are closed to human activities by virtue of their significant biodiversity value, high 
susceptibility to geo-hazard, and identification as permanently dangerous. These 
areas may also include habitats of threatened species, or degraded areas that are 
designated for restoration and subsequent protection, regardless of their stages 
of regeneration;
k. UNCLOS - refers to the 1982 United Nations Convention on the Law of the Seas;
l. 
West Philippine Sea - refers to the maritime areas on the western side of the 
Philippine archipelago within the Exclusive Economic Zones (EEZ) over which the 
Philippines exercises sovereign jurisdiction including the Luzon Sea as well as the 
waters around, within and adjacent to the Kalayaan Island Group and Bajo De 
Masinloc, also known as Scarborough Shoal1.
Section 4. Scope - The area covered by the Kalayaan Island Group and 
Scarborough Shoal Marine Protected Area (KIGSS-MPA) subject of this Act shall be all the 
areas within three (3) nautical miles from the baselines surrounding the KIG and 
Scarborough Shoal as established by R.A. No. 9522
Section 5. Deciaration of Protected Area and Strict Protection Zone - It is
hereby declared that the area covering the KIGSS-MPA as specifically identified in the 
preceding section is hereby declared as a protected area and shall enjoy the benefits and 
protection afforded by R.A. No. 7586, as amended: Provided, That the Secretary of the 
Department of Environment and Natural Resources (DENR Secretary), upon the 
recommendation of the Protected Area Management Board (PAMB), shall designate Strict 
Protection Zones (SPZs) within the KIGGS-MPA in areas with significant biodiversity values 
or habitats of threatened species, based on a comprehensive biodiversity inventory and 
assessments: Provided, further. That any and all international treaties or rulings, 
Philippine laws, rules, and regulations involving the protection, conservation of KIGSS- 
MPA shall be strictly observed and implemented.
Office of the President Administrative Order No. 29, Series of 2012.


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The DENR Secretary, also upon recommendation of the PAMB, may designate areas 
surrounding the KIGSS-MPA as Buffer Zones for the purpose of providing extra layer of 
protection where restrictions may be applied.
Section 6. Prohibited Acts
KIGSS-MPA:
The following are the prohibited acts within the
a. Using of any fishing or harvesting gear and practices or any of their variations 
that destroys coral reefs, seagrass beds or other marine life: Provided, that mere 
possession of such gears within the protected areas shall be prima facie evidence 
of their use;
b. Dumping, throwing, using, or causing to be dumped into or placed in the 
protected area of any toxic chemical, noxious or poisonous substance or 
nonbiodegradable materialis, intreat sewage or animal waste or products 
whether in liquid, solid, or gas state, including pesticides and other hazardous 
substances as defined under Republic Act No. 6969 or the Toxic Substances and 
Hazardous and Nuclear Waste Control Act of 1990 detrimental to the protected 
area, or the living things inhabiting in within the protected area;
c. Littering or depositing refuse or debris within the protected area;
d. Possessing or using blasting caps or explosives anywhere within the protected 
area;
e. Undertaking mineral exploration or extraction within the protected area;
f. 
Establishing or introducing exotic species including genetically modified 
organisms or invasive alien species within the protected area;
g. Constructing, installing, erecting, or maintaining any kind of structure, fence, or 
enclosure whether temporary or permanent, within the protected area: Provided, 
that structures and projects for biosphere development shall be allowed:
Provided, further, that such activities shall be with prior coordination with DENR 
through the PAMB;
h. Any other act that will tend to or actually result in the disturbance, killing, 
destruction, endangerment, devastation, or annihilation of the natural fora and 
fauna found within the protected area
Any violation of this Act shall be prosecuted pursuant to R.A. No. 7586, as amended, any 
existing environmental law, rule, or regulation.
Section 7. Creation of the Kaiayaan Island Group and Scarborough Shoai 
Protected Area Management Board and Protected Area Management Office -
The Kaiayaan Island Group and Scarborough Shoal Protected Area Management Board


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(KIGGS-PAMB) and the Kalayaan Island Group and Scarborough Shoal Protected Area 
Management Office (KIGSS-PAMO) are hereby created with the same composition, 
powers and functions as defined in Sections 9 and 10 of RA 7586, as amended: Provided, 
That the Palawan Council for Sustainable Development, which was created pursuant to 
Republic Act No. 7611, or the Strategic Environmental Plan (SEP) for Palawan Act, shall 
be included as a member in the KIGSS-PAMB.
Section 8. Management Plan and Engagement of Cooperation of Other 
Agencies - The KIGSS-PAMB and KIGSS-PAMO shall craft a management plan for the 
protection of the KIGSS-MPA within one (1) year from the effectivity of this Act, which 
shall be reviewed and assessed every three (3) years for possible improvements or 
amendments, or whenever the need arises. It shall include specific strategies and 
programs for the preservation and protection of atolls, reefs, and corals within the KIGSS- 
MPA.
The KIGSS-PAMB and KIGSS-PAMO shall engage the cooperation of other Government 
Agencies in the implementation of their management plan. The Department of 
Transportation (DOTr), Department of Information and Communications Technology 
(DICT), Department of Agriculture (DA), and Department of Interior and Local 
Government (DILG) shall provide assistance in the monitoring of activities within the 
KIGSS-MPA, which may include, if necessary, the installation of monitoring devices on 
vessels and establishment of needed facilities within the area.
Section 9. Kaiayaan Island Group and Scarborough Shoal Marine 
Protected Area Joint Oversight Committee- to oversee the effective implementation 
of this Act, a special congressional oversight committee to be known as the Kalayaan 
Island Group and Scarborough Shoal Marine Protected Area Joint Oversight Committee 
(KIGSS-MPA- TOC) composed of the members from the Committees on Natural Resources 
and Committee on the West Philippine Sea from both upper and lower houses of congress 
is hereby created. The KIGSS-MPA-JOC, which shall be jointly headed by the Chairpersons 
of the Committees on Natural Resources from both houses, shall convene biannually, or 
as often as may be necessary in order to ensure the implementation of this Act.
The KIGSS-PAMB and KIGSS-PAMO shall submit an annual report to the KIGSS-MPA-JOC 
on the status of the KIGSS-MPA and implementation of this Act.
Section 10. Appropriation - An annual operating budget of at least Ten Million 
Pesos 171 (Phpl0,000,000.00) shall be allocated for the implementation of this Act, which 
shall be sourced from the DENR Biodiversity Management Bureau (BMB) annual


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appropriations. The annual operation budget for the KIGSS-MPA shall be a separate item 
from the annual budget proposal of the DENR BMB.
Section 11. Repealing Clause - All laws, rules, regulations, executive orders, 
presidential decrees or any other issuance contrary to or inconsistent with any of the 
provisions of this Act are hereby deemed repealed or modified accordingly.
Section 12. Separability Clause - If any provision or part of this Act shall be 
declared unconstitutional, the remaining provisions which are not affected shall remain 
in full force and effect.
Section 13. Effectivity - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation.
Approved.