THIRTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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S E N A T E '  
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1734 
S. No. 
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Introduced by Senator S. R. Osmefia Ill 
EXPLANATORY NOTE 
Mangrove forests are considered one of the most productive fertile 
ecosystems in the world. Mangrove forests have provided man with food, fuel, 
timber, medicine, and building materials. They also serve as natural nurs ries or 
breeding places for a large number :of fishes, crabs, sea creatures an other 
commercially important species. In the Philippines, with its thousands of slands 
and islets, mangrove forests also play a very important role as "shelte belts" 
against ' strong winds from typhoons, thereby protecting the inhabitan s and 
preventing coastal erosion. 
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Despite these many benefits, mangrove forests are still fast disappearing 
and became one of the mpst threatened habitats in the world. The original 
estimate of half a million hectares of mangrove forests has been reduced to 
112,400 hectares in 1997 due to pressure from firewood gatherers, fishpond 
developers, coral miners, blast cyanide and trawl fishermen as well as industrial 
pollution. Over time the stress of the pollutants and reduced light kill large areas 
of mangrove forests. 
The destr,uction of mangrove areas is one of the causes 
for the losi of breeding, feeding and nursery ground for most marine life and the 
loss of shoreline stability in the country. This is exacerbated by the lack of 
technical understanding of management especially among ~ local government 
executives and local communities living along the coasts. 
Considering its vulnerability and importance, it is necessary to protect 
existing mangrove forests, rehabilitate and reforest denuded areas, and establish 
new mangrove plantations since it has been found that artificially established 
mangrove forests provide the same function as a natural mangrove forest. 
This measure proposes to establish reservation areas in all coastal areas 
in each municipality of the country solely for the preservation, protection, 
reforestation, afforestation and sustainable development of mangrove forests. it 
seeks to penalize the destruction and cutting of mangrove'trees, as well as 
dumping of waste products within the reservation areas, 
I-n-vikw of tt% foregoing, approval of this bill IS earnestly requested 
SERGIO OSMENA 111 
Senator 


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THIRTEENTH CONGRESS OF THE REPUBLIC 
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Section 1. Title.,- This Act shall be known as "The National 
Forest Protection and Preservation Act of 2004." 
First Regular Session 
Mangrove 
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brackish water ponds, nipa swamps, estuarine rivers, sandy beaches 
and other areas within a seaward limit of two hundred (200) meters 
isobath to include coral reeds, algal flats, seagrass beds, and other 
soft-bottom areas; 
(c) "Mangrove forest" shall refer to a type of forest occurring on a tidal flat 
along the sea coast, extending along streams where the water is 
brackish; 
(d) "Reservation areas" shall refer to portions of coastal areas which have 
been set aside exclusively for reforestation, afforestation, conservation, 
and preservation purposes; and 
(e) "Reforestation" shall refer to the planting of mangrove trees along the 
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denuded coastal areas. 
SEC. 4. Establishment of Mangrove Reservation Areas. - There shall 
be established and set aside in all coastal areas in each municipality within the 
Philippines portions of land solely for the preservation, protection, reforestation, 
afforestation, and sustainable management of mangrove forests to be kn wn as 
Mangrove Reservation areas. All existing mangrove forests shall auto atically 
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form part of said reservation areas. 
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S EC. 5. Establishment and Composition of the National Council for 
the Preservation of Mangrove Forests. - There is hereby established a 
National Council for the Preservation of Mangrove Forests, hereinafter referred to 
as the National Council, which shall be attached agency of the Department of 
Environment and Natural Resources (DENR). 
The National Council shall be composed of twelve (12) members 
consisting of: 
(1) the Secretary of the DENR who shall act as Chairman; 
(2) the Secretary of the Department of Agriculture (DA) who shall act as 
vice-chairman; 


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(3) the Secretary of the Department of Interior and Local Gove nment 
(DILG); 
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(4) the Secretary of the Department of Science and Technology (DOST); 
(5) the Director-General of the :National Economic Development Authority 
(NEDA); 
(6) the Director of the Bureau of Fisheries arid Aquatic Resources (BFAR) 
df the DA; 
(7) the Director of the Forest Management E3ureau (FMB) of the DENR; 
(8) the Director of !the Ecosystem and Research Development Bureau 
(ERDB) of the DENR; 
(9) the Administrator of the National Mapping and Resources Information 
Authority (NAMRIA); 
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a representative from  the academe to be appointed by the 
President 
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a representative from the research institutions conducting 
researches on ' sustainable mangrove forest management to be 
appointed by the President of the Philippines; and 
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a representative from the non-govet-nment organizations (NGOs) 
conducting programs on sustainable,mangrove forest manage ent to 
be appointed by the President of the Philippines. 
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SEC. 6. Powers and Functions of the National Council. - The atio'nal 
Council shall have the following powers and functions: 
(1) review 'existing, relevant policies and conduct studies ,on mangrove 
forest and its preservation; 
(2) prepare a comprehensive program for the preservation, reforestation, 
afforestation, and sustainable development of mangrove forests; 
(3) establish the guidelines in identifying of the coastal areas which shall 
form part of the mangrove reservation areas; 


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(4) identify the delineate the boundaries of the coastal areas which shall 
form part of the mangrove reservation areas; 
(5) exercise control and supervision over all the local councils; and 
(6) promulgate the necessary rules and regulations to carry 
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provisions of this Act. 
SEC. 7. The Local Councils for 'the Preservation 'of Mangrove 
Forests. - A local council for the preservation of mangrove forests, hereinafter 
referred to as the !Local Council, shall,be established in each of the municipalities 
where a mangrove reservation area has been identified. 
Each Local Council shall be chaired by,the Regional Executive Director of 
the DENR under whose ,jurisdiction the reservation area is located, with the 
following members: a representative ,of'the municipal government concerned; a 
representative each from the barangays under whose territory the reservation 
area is located; a representative, from an accredited non-governmental 
organization (NGO); and a representative from the private sector. 
SEC. 8. Powers and Functions of the Local Council. - The local 
council shall exercjse. the following powers and functions: 
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(1) implement and enforce all the programs and policies laid down by the 
National Council; 
(2) carry out the general administration and day-to-day planning of the 
program; 
(3) secure the mangrove reservation area from illegal and des ructive 
activities which ,would' endanger the successful implementati n and 
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viability of the program; and 
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(4) such other powers and functions as may be designated by the National 
Council. 
In order the secure the mangrove reservation area from illegal and 
destructive activities, the Local Council and the local government, under whose 
jurisdiction the reservation area is located, shall employ the services of forest 


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guards who shall be tasked with the responsibility to guard and police the areas. 
They shall have the authority to arrest those caught violating the provisions of 
this Act and the rules and regulations issued pursuant thereto. 
In the event that any of the forest guards is found guilty of nonfeasance, 
misfeasance, or malfeasance, the forest guard concerned and the official of the 
Local Council and he local government, by virtue of the principle of co mand 
responsibility, shall be held. for such violations and shall be prosec ted. in 
accordanci with the provisions of this Act without prejudice to any criminal and/or 
civil liabilities provided,for under existing laws of the country. i 
SEC. 9. Prohibited Acts. - The, following acts are hereby prohibited 
within the mangrove reservation areas: 
(a) cutting, uprooting, or destroying any mangrove tree; 
(b) dumping of waste; 
(c) construction or reclamation activity without the necessary license, 
permit, or authority; 
(d) illegal fishing activities that will result in the damage and destruction of 
the mangrove forest; and 
(e) other acts or activities that will result in the damage and/or destruction 
of the mangrove forest. 
SEC. I O .  Penalties. - Any person, natural or juridical, found guilty of 
violating any of the provisions of this Cat or the rules and regulations issued by 
the National Council, shall, after due notice and public hearing by the regular 
courts of competent jurisdiction, be fined in the amount of not less than Fifty 
thousand pesos (PhP50,000.00) but not more than One million pesos 
(PhP1,000,000.00) or imprisonment for not less than one (1) year but ndt more 
than six (6) years, or both, at the discretion of the Court Provided, Th t if the 
area requires rehabilitation or restoration as determined by the Co 1, 
,rt, the 
offender shall also be required to restore or compensate for the restoration of the 
damage. 


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If the offender is an association or corporation, the president or manager 
and the officer who has direct 
under this Act. 
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SEC. 1 1. Separabiljfy 
knowledge over the offense shall be held liable 
Clause. - if, for any reason, any section or 
provision of this Act shall be held unconstitutional or invalid, the other section or 
provision not otherwise affected shall remain in full 'force and effect. 
SEC. 12. Repealing Clause. - All laws, presidential decrees, executive 
orders, proclamations, rules and regulations which are inconsistent 
ith the 
provisions of this Act hereby repealed or modified accordingly. 
SEC. 13:Effectivity Clause. - This Act stiall take effect fifteen (1 ) days 
from its publication in the Official Gazette or in at least two (2) newspapers of 
general circulation. 
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Approved,