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

FIFTEENTH CONGRESS
Third Regular Session

COMMITTEE REPORT NO. 2340

‘Submitted by the Committees on Natural Resources, Appropriations and Ways and Means on

—_15 AUG 2012 6475

Re: House Bill No,

Recommending its approval, in substitution of House Bill No. 3294

Sponsors: Representatives Francisco T. Matugas, Joseph Emilio A. Abaya, Isidro T. Ungab,
and Ma. Amelita A. Calimbas-Villarosa

Mr. Speaker:

The Committees on Natural Resources, Appropriations and Ways and Means to which was
referred House Bill No. 3294, introduced by Representative Ma. Amelita Calimbas-
Villarosa, entitled:

“AN ACT ESTABLISHING THE GRAND APO REEF, LOCATED IN THE
MUNICIPALITY OF SABLAYAN, PROVINCE OF OCCIDENTAL MINDORO,
AS PROTECTED AREA UNDER THE CLASSIFICATION OF NATURAL
PARK AND ITS PERIPHERAL WATERS AS BUFFER ZONE, PROVIDING
FOR ITS MANAGEMENT AND FOR OTHER PURPOSES” § 475

have considered the same and recommend that the attached House Bill No.__, entitled:

“AN ACT ESTABLISHING THE APO REEF LOCATED IN SABLAYAN,
OCCIDENTAL MINDORO AS PROTECTED AREA UNDER THE CATEGORY
OF NATURAL PARK AND ITS PERIPHERAL WATERS AS BUFFER ZONE,
PROVIDING FOR ITS MANAGEMENT AND FOR OTHER PURPOSES”

be approved, in substitution of House Bill No. 3294, with Representatives Villarosa, Matugas,
Abaya and Ungab as authors thereof,

HPH EMILIO A. ABA} HON. FRANCISCO T. MATUGAS
Chairman
fn Appropriation} Committee on Natural Resources

Sez
HON. ISIDRO
Chairman

Committee on Ways and Means

AB

THE HONORABLE SPEAKER
House of Representatives
‘Quezon City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
FIFTEENTH CONGRESS
Second Regular Session
nouse BrLxo,__ 6475
(in substitution of HB 3294)

Introduced by Representatives Ma. Amelita A. Calimbas-Villarosa, Francisco
T. Matugas, Joseph Emilio A. Abaya, and Isidro T. Ungab

AN ACT ESTABLISHING THE APO REEF LOCATED IN SABLAYAN,
OCCIDENTAL MINDORO AS PROTECTED AREA UNDER THE
CATEGORY OF NATURAL PARK AND ITS PERIPHERAL WATERS
AS BUFFER ZONE, PROVIDING FOR ITS MANAGEMENT AND FOR
OTHER PURPOSES

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 Apo Reef Natural Park
(ARNP) Act.

SEC. 2. Declaration of Policy ~ Considering the rich biodiversity of the Apo
Reef and its vital role in the fishery and ecotourism industries in the country, it is
hereby declared the policy of the State to ensure its protection and conservation,
including its associated waters and islands. ‘The State shall therefore ensure the
mobilization of resources for the operation of the institutional mechanism
established for the protection of Apo Reef and the provision of scientific and
technical support needed for the conservation of the biodiversity and integrity of its
ecosystems,

SEC. 3. Scope and Coverage ~ The Apo Reef Natural Park which is located in
the Municipality of Sablayan, Province of Occidental Mindoro, shall contain an
area of Fifteen thousand seven hundred and ninety-two (15,792) hectares, and

is more particularly described as follows:


Control

Points Cm. (°) Latitude
1 123 12°44°47
2 123 12°4V 11
3. 12312935747
4 123 12939718

(°) Longitude
120°27°22
121°33”.
120°29°57
120°23°46

Northings
(Meters)
1,410,356.242
1,403,229.656
1,393,709.839
1,400,336.616

Eastings
(Meters)
223,773.809
238,121,888
228,292.637
217,153.893

Any modification of the coverage and scope of this Act due to factors such as
changing ecological conditions, new scientific or archaeological findings, or
discovery of traditional boundaries not previously taken into account shall be
made through an act of Congress after full consultation with the affected public and
concerned government agencies.

All lands and waters of the public domain within the coverage and scope of this
Act, inclusive of the protected area and its buffer zones described in Section 4, shall
fall under the classification of national park pursuant to the 1987 Philippine
Constitution.

SEC. 4. Buffer Zones — Buffer zones surrounding the Apo Reef Natural Park,
containing an area of Eleven thousand six hundred and seventy-seven (11,677)

hectares, are likewise hereby established, with the following boundaries:

Control Northings Eastings

Points Cm, (°)Latitude (°) Longitude (Meters) (Meters)
1 123. 12°4614.120°27°22_1,413,043.227__23,151.990
2 123 12°41"32._——«120°35719-———1,404,229.656 238,121.888
3 123 -—12°34°20120°30°16 1,391,042.803  228,863.890
4 123 -—12°38°57--120°22712 1,399,689.788  214,329.441

The buffer zones are established for the purpose of forming an extra layer of
protection from users of nearby sea-lanes and other threats to the protected area.
SEC. 5. Definition of Terms ~The following terms are hereby defined
for the purpose of this Act:
(a) Biodiversity shall refer to variety and variability among living organisms and
the ecological complexes in which said organisms occur;
(b) Buffer Zones shall refer to the areas identified and established outside the


boundaries of and immediately adjacent to the designated ARNP for the purpose of
forming an extra layer of protection from users of nearby sea-lanes and other
‘threats to the protected area and which also need special development control in
order to avoid or minimize harm to the protected area;

(c) Collection or Collecting shall refer to the act of gathering or harvesting
wildlife and its by-products or derivatives;

(a) Commercial Fishers/Fisherfolks shall refer to persons who catch fish and
other fishery products using fishing vessels of more than three (3) gross tons;

(e) Conservation shall refer to the sustainable utilization of wildlife and/or
maintenance, restoration and enhancement of the habitat;

(®) Ecosystem shall refer to the dynamic complex of plant, animal and micro-
organism communities and their non-living environment interacting as a functional
unit;

(g) Endangered Species shall refer to species or subspecies that are not critically
endangered but whose survival in the wild are unlikely if the causal factors continue
operating;

(h) Exotic Species shall refer to species or subspecies of flora or fauna that do not
naturally occur within the bio-geographic region of the ARNP at present or in
historical time;

(i) Fishers/Fisherfolks shall refer to people directly or personally engaged in
taking and/or culturing and processing fishery and/or aquatic resources. They shall
also include traditional fishers who are solely dependent on fishing in ARNP for
sustenance and livelihood;

(j) Fishing Gear shall refer to any instrument or device and its accessories
utilized in taking, catching, gathering, killing, hunting, destroying, disturbing,
removing or possessing resources within the ARNP;

(k) Habitat shall refer to the place or type of environment where a species or
subspecies naturally occur or has naturally established its population;

(1) Hunting shall refer to collection of wild fauna for food and/or recreational
purposes with the use of weapons such as guns, bow and arrow, spear, and the like:

(m) Introduction shall refer to the bringing species into the wild that is outside its
natural habitat;


Cer ae eo

(n) Kayakas shall refer to the fishing method known as the local version of the
muro-ami but smaller in size, using bamboo or trunk trees as scaring devices aside
from coconut or other leaves or materials io drive the fishes and other marine
resources out of the coral reefs while at the same time pounding the corals;

(0) Litter or Littering shall refer to the disposal of small amounts of non-
biodegradable solid waste materials, such as cigarette butts, candy wrappers, plastic
bags, bottles, glasses, in the ARNP which may cause or contribute to the deterioration
of the resources or habitats in the ARNP:

() Management Plan shall refer to the fundamental plan, strategy, and/or scheme
which shall guide all activities relating to the ARNP in order to attain the objectives of
this Act:

(q@) Municipal Fishersfolks shall refer to persons who catch fish and other fishery
products using fishing vessels of three (3) gross tons or less, or whose fishing does not
require the use of fishing vessels;

(©) Moru-ami shall refer to the method used in reef fishing consisting of a
movable bagnet, detachable wings and scarelines having plastic strips
and/iron/steel/stone weights, effecting fish capture by spreading the net in an arc
around reefs or shoals and with the use of the scarelines, with a cordon of people
driving the fish towards the waiting net while pounding the corals by means of heavy
weights like iron/steel/stone or rock making it destructive to corals;

(8) National Integrated Protected Areas System (NIPAS) shall refer to the
classification and administration of all designated protected areas to maintain essential

ecological processes and life-support systems, to preserve genetic diversity, to ensure
. and to maintain their natural conditions to

sustainable use of resources found therei
the greatest extent possible;

() Natural Park shall refer to a relatively large area not materially altered by
human activity where extractive resource uses are not allowed and maintained to
protect outstanding natural and scenic areas of national or international significance
for scientific, education, and recreational use;

(a) Non-Government Organization (NGO) shall refer to an agency. institution,
foundation or a group of persons whose purpose is to assist people’s
including, but not limited to, organizing,

organizations/associations in various was


education, training, research, and/or resource accessing;

(v) Non-Renewable Resources shall refer to those resources that cannot be re-
made, re-grown or regenerated on a scale comparative to their consumption;

(w) People’s Organization shall refer to a group of organized migrant
communities and or interested indigenous peoples which may be an association,
cooperative, federation, or other legal entity, established to undertake collective action
to address community concerns and needs, and mutually share the benefits of the
endeavor;

(x) Poaching shall refer to fishing or operating any fishing vessel, gathering
and/or purchase or possession of any fishery products within the ARNP by any foreign
person, corporation or entity;

(y) Protected Area shall refer to the identified portions of land and/or water set
aside by reason of their unique physical and biological significance, managed to
enhance biological diversity and protected against destructive human exploitation;

(2) Protected Species shall refer to plants or animals declared protected under
Philippine laws, rules, and regulations. These shall include all species listed under the
Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITES) and all its Appendices, the Bonn Convention on Migratory Species, those
specified under the red-list categories of the International Union for the Conservation
of Nature and Natural Resources (IUCN), or plants or animals which any government
agency and/or the ARNP may deem necessary for conservation and preservation in the
ARNP.

(aa) Purse Sein shall refer to the gear characterized by encircling net having a line
at the bottom passing through rings attached to the net, which can be drawn or pursed.
In general, the net is set from a boat or boats around the school of aquatic resources.
‘The bottom of the net is pulled closed with a purse line. The net is then pulled aboard
the boat or boats until the resources are concentrated in the bunt or bag.

(bb) Resources shall refer to all natural endowments, whether aquatic or
terrestrial, living or non-living, found in ARNP.

(cc) Vessel shall refer to every description of watercraft, including non-
displacement crafts and seaplanes, used or capable of being used as a means of
transportation on water. It shall include everything found therein, except personal


Sonwma sue

effects.

(dd) Waste shall refer to discarded items of solid, liquid, contained gaseous or
semisolid from whatever source, which may cause or contribute to the deterioration of
the resources or habitats in the ARNP.

SEC. 6. Creation of the Apo Reef Natural Park Management Board (ARNP-
MB) - Pursuant to Section 11 of RA 7586 or the NIPAS Act of 1992, there shall be
created an ARNP-MB which shall have jurisdiction, power and authority over the
ARNP for all matters that may affect biodiversity conservation, protection and
sustainable development. It shall be composed of:

1) The Regional Executive Director, DENR Region 4-B as Chairperson;

2) The Provincial Planning and Development Officer/Coordinator;

3) The Mayor of the Municipality of Sablayan or duly designated
representative;

4) One (1) representative chosen from among the coastal barangays in the
Municipality of Sablayan;

5) One (1) representative from each department or national government agency
directly involved in the ARNP or with long term projects or permanent facility located
therein;

6) At least three (3) representatives from accredited NGOs operating within
Sablayan chosen from among themselves in a meeting duly called for the purpose;

7) At least two (2) representatives from accredited POs operating within
Sablayan chosen from among themselves in a meeting duly called for the purpose.

‘The ARNP-MB shall serve for a term of five (5) years without compensation,
except for actual and necessary traveling and subsistence expenses incurred in
performance of their duties.

‘Whenever a vacancy occurs during the term of a member, a new member shall
be appointed in the same manner as the original appointment in order to complete the
unfinished term of the said vacaney. In case of elective officials, the term of office as
Management Board member shall be co-terminus the position: Provided, That the
incoming elective official may opt to allow continuity of representation by the
previous elective official through a Sanggunian Resolution which shall be
communicated officially to the ARNP-MB.


The members of the ARNP-MB shall be appointed by the Secretary of the
DENR in conformity with the provisions of the NIPAS Act. The initial members of
the ARNP-MB shall be nominated from the current members of the interim ARNP-
MB. Their nominations shall be conducted in a joint meeting of the current members
of the interim ARNP-MB duly called for the purpose: Provided, That at least one-
third (1/3) of the members thereof shall be women

Representatives of POs and NGOs shall be endorsed by their respective heads of
the organizations. Should there be NGO/PO consortia in the area, each consortium
shall be entitled to one (1) representative to the Management Board: Provided, That
the total NGO/PO representation to the Management Board shall not exceed twenty-
five per cent (25%) of the total membership of the ARNP-MB: Provided. further,
That the qualified NGOs/POs shall choose from among themselves, their
representative to the ARNP-MB. Hence, NGO/PO consortium members shall no
longer be eligible for representation to the Management Board.

Such NGO, PO, and/or consortia must be: i) known to be with interest, integrity
and commitment to the conservation of natural resources; and ii) locally-based and
legally existing continuously for at least three (3) years prior to the proposed
appointment to the ARNP-MB.

The representatives from the Local Government Units (LGUs) and National
Agencies in the ARNP-MB shall among other duties, inform their respective
constituencies, office or sector of ARNP-MB approved or other relevant policies,
rules, regulations, programs and projects and ensure that the provisions of this Act are
observed, complied with and used as reference and framework in their respective
plans, policies, programs and projects. Failure to comply with the foregoing shall
subject such representative to disciplinary action as the ARNP-MB may provide.

SEC. 7. Powers and Functions of the Apo Reef Natural Park Management
Board - The ARNP-MB shall have the following powers and functions in addition to
those provided under the NIPAS Act of 1992 and its Implementing Rules and
Regulations:

(a) Issue rules and regulations to prohibit acts that may be prejudicial to the
ARNP and to the declaration of policy set forth under the NIPAS Act;

(b)Issue rules and regulations for the resolution of conflicts through appropriate


and effective means:
(©) Issue rules and regulations for the discipline and removal of its officers and

members;

(d) Adopt rules and procedures in the conduct of business, including the creation
of committees to which their powers may be delegated:

(©) Approve the Management Plan and oversee the office of the Protected Area
Superintendent (PASu);

(f) Establish criteria and set fees for the issuance of permits for activities
regulated by this Act or the Management Plan;

(g)Recommend the deputization of appropriate individuals for the enforcement
ofthe laws, rules and regulations governing the conduct or management of the ARNP;

(h) Approve fees and charges in accordance with existing guidelines/policies and
raise funds for the ARNP;

(i) Manage the allocation of the ARNP and other funds for the ARNP, ensure
their proper administration, and render an accounting thereof; and

@ Recommend appropriate policy changes to the Department of Environment
and Natural Resources (DENR) and other government authorities.

The DENR, through its Regional Executive Director (RED), shall ensure that
the ARNP-MB acts within the scope of its powers and functions. In case of a conflict
between administrative orders issued by the DENR pursuant to the NIPAS Act and
those issued by the ARNP-MB, the Secretary of the DENR shall decide whether to
apply the rule or withdraw their application.

SEC. 8. Incentives of ARNP-MB Members - In addition to actual and necessary
traveling and subsistence expenses incurred in the performance of their duties, the
ARNP-MP members may be granted honoraria and insurance coverage in attending
Management Board meetings. These expenses may be included in the budget for the
ARNP.

SEC. 9. Protected Area Superintendent (PASu) Office - There is hereby
established a PASu Office in charge of the implementation of the projects, programs
and policies for the management, protection and administration of the ARNP. It will
be headed by a Protected Area Superintendent (PASu) and shall be supported by the
existing personnel of the DENR. The PASu shall be the Chief Operating Officer of


SOS | a = a

‘the ARNP and shall be accountable to the RED of the DENR and the ARNP-MB. The
PASu shall have the following duties and responsibilities in addition to those provided
under existing laws and regulations:

(a) Establish, operate and maintain a database management system as decision
support tool;

(b) Prepare and execute the management plan for the ARNP;

(c) Provide a secretariat for the ARNP-MB and supply the ARNP-MB with all
the information necessary to make appropriate decisions for the implementation of
this Act;

(@) Enforce the laws, rules and regulations relevant to the ARNP and assist in
the prosecution of offenses;

(e) Supervise all activities within the ARNP to ensure their conformity with the
Management Plan;

(f) Ensure the integration of the ARNP management policies, regulations,
programs and projects at all the concerned national and local government unit levels;

(g) Recommend to the DENR the issuance of permits based on terms,
conditions and criteria established by the ARNP-MB; and

(h) Perform other functions as the ARNP-MB may delegate.

The PASu shall be supported by a sufficient number of personnel who shall be
performing day to day management, protection and administration of the ARNP. All
position items of DENR employees detailed to the ARNP at the time of the effectivity
of this Act shall be transferred to form part of the PASu Office.

SEC. 10. Management Plan — The PASu shall take the lead in the preparation
of the Management Plan in coordination with the appropriate offices of the
Department, local communities, NGOs, and POs and all successor plans, which
shall be approved by the majority of the ARNP-MB and endorsed to the Secretary
through the Protected Areas and Wildlife Bureau (PAWB). The Management Plan is
deemed accepted unless formal written disapproval from the Secretary is received by
the ARNP-MB on the ground of inconsistency with existing laws and related rules
and regulations.

Within one (1) year from the effectivity of this Act, the Management Plan shall
have been put into effect following the General Planning Strategy provided


Cy

for under the NIPAS Act and according to procedure set forth in this Act. The
Management Plan shall have the following minimum contents:

(1) Description of the protected area;
is including key management issues and concems;

(2) Situational analy

(3) Goals and objectives;

(4) Management strategies/interventions;

(5) Description of management zones as well as major activities
allowed/prohibited therein;

(6) 5-year Work and Financial Plan for the implementation of the Management
Plan; and

(7) Monitoring and evaluation mechanisms.

‘The ARNP-MB shall review and update the Management Plan at least every five
(5) years. Any modification of revision of the Management Plan shall follow the
requirements pursuant to the NIPAS Act and its Revised Implementing Rules and
Regulations: Provided, That the revised Management Plan shall be approved and
endorsed in accordance with this Act.

The ARNP-MB shall likewise ensure that the Management Plan is integrated
into the comprehensive land-sea use plan of the Local Government of Sablayan,
Occidental Mindoro including the complementation of activities.

SEC. 11. Seasonal Fishing Privileges - Fishers who migrate to ARNP
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 activiti
Provided, That the commission of any of the acts described herein or failure to report
such acts when observed shall cause the cancellation of such rights.

‘The ARNP-MB may retain the services of a competent lawyer to prosecute
and/or assist in the prosecution of cases under the direct control and supervision of the
regular or special prosecutor and to defend the members of the ARNP-MB, the PASu
or persons assisting in the protection, conservation and sustainable development of the
ARNP, against any legal action related to the performance of their duties, functions
and responsibilities as provided in this Act or as delegated or authorized by the
ARNP-MB.

SEC. 12. Unauthorized Entry, Enjoyment or Use - No person or entity shall


i

enter, enjoy or utilize any portion of the ARNP and the resources therein for whatever
purpose without prior permission from the ARNP-MB as herein provided.

‘The ARNP shall not be open to navi
sanctioned by the ARNP-MB such as, but not limited to, tourism and research.
Except in emergency situations, it shall be unlawful to enter the ARNP without prior
permission from the ARNP-MB or the PASu as herein provided. It shall also be

unlawful to enter, enjoy or use for any purpose any prohibited management zone.

tion, except for activities that are

This rule shall similarly apply to the use of any vessels, gear and equipment in
management zones where such are not allowed.

Any person found to have violated this provision shall suffer the penalty of
imprisonment of not less that six (6) month but not more than one (1) year and an
administrative fine of One Hundred Thousand (P100,000.00) Pesos but not more than
Three Hundred Thousand (P300,000.00) Pesos, as may be determined by the ARNP-
MB. If the violator is a commercial fisher or common fisherfolk, the penalty shall be
imprisonment of not less than one (1) year but not more than three (3) years and a fine
of Five Hundred Thousand (P500,000.00) Pesos.

SEC. 13. Damages to the Reef — Any person who inflicts to the reef shall be
fined by the ARNP-MB based on current valuation standards and shall pay the cost of
restoration.

SEC. 14. Non-payment of Users’ Fees - It shall be unlawful for any person or
entity to enjoy or utilize the ARNP and the resources therein without payment of
conservation fees as may be imposed by the ARNP-MB. Any person found to have
violated this provision shall, in addition to the payment of the conservation fee, pay an
administrative fine of double the amount of the conservation fee set by the ARNP-MB
for the activity undertaken.

SEC. 15. Anchoring - It shall be unlawful for any person or entity to hold fast
or secure a vessel in place either by using an anchor or by tying on to any part of the
reef. All vessels shall utilize the mooring buoys provided by the ARNP. Any person
found to be violated this provision shall pay an administrative fine of not less than Fifty
Thousand (P50,000.00) Pesos and not more than One Hundred Thousand (P100,000.00) Pesos.

SEC. 16. Dumping of Waste and Littering - \t shall be unlawful for any person

or entity to dump waste including used engine oil inside the ARNP. Pursuant thereto,


it shall be unlawful to clean a vessel within the ARNP. Littering shall likewise be
prohibited when the ARNP. Any person found to have violated this provision shall
suffer the penalty of imprisonment of one (1) year to three (3) years, and a fine of not
less than Five Thousand (P50,000.00) Pesos. The ARNP-MB shall impose an
administrative fine of not less than One Hundred Thousand (P100,000.00) Pesos and
not more than Three Hundred Thousand (P300,000.00) Pesos, and order the violator
to clean up the waste or pay for the clean-up thereof.

SEC. 17. Bioprospecting Without Permit - It shall be unlawful to conduct
bioprospecting within the ARNP without prior permit from the ARNP-MB and other
concemed agencies. Ay person found to have violated this provision shall suffer the
penalty of imprisonment of one (1) year to six (6) years and a fine; fine of Five
Hundred Thousand (P500,000.00) Pesos but not more than One million
(P1,000,000.00) Pesos. The ARNP-MB shall also impose an administrative fine
ranging from Five Hundred Thousand (P500,000.00) Pesos to One Million
(P1,000,000.00) Pesos and shall confiscate the resources that are subject of the
offense, including all equipment, gear and vessels which shall be forfeited in favor of
the ARNP~ MB.

SEC. 18. Introduction of Exotic Species - \t shall be unlawful to introduce
exotic species of plants or animals into the ARNP. Ay person found to have violated
this provision shall suffer the penalty of imprisonment of six (6) months to six (6)
years; fine of One Hundred Thousand (P100,000.00) Pesos to One Million
(P1,000,000.00) Pesos; and forfeiture of the resources subject of the offense,
equipment, gears and vessels. The ARNP-MB shall also impose an administrative
fine ranging from Two Hundred Thousand (P200,000.00) Pesos to One Million
(P1,000,000.00) Pesos; and confiscation and forfeiture of the resources subject of the
offense, equipment, gears and vessels.

SEC. 19, Destroying, Disturbing, or Possessing Resources - Except in cases of
emergency and safety, it shall be unlawful for any person to actually or attempt to
hunt, catch, fish, kill, take gather, remove, destroy, disturb, or possess any resource,
whether living or non-living, or products derived therefrom, without a permit from the
ARNP-MB and such other permits as may be required by law, rules and regulations.
The unauthorized entry of a vessel in the ARNP shall be prima facie evidence of


violation of this Section. Any person found to have violated this provision shall be
penalized as follows:

(1) Where the offender uses explosives, noxious or poisonous substances, the
penalty shall be imprisonment ranging from six (6) years and one day to twelve (12)
years without prejudice to the filing of separate criminal cases when the use of the
same result to physical injury or loss of human life; fine ranging from Three Hundred
Thousand (P300,000.00) Pesos to Five Hundred Thousand (P500,000.00) Pesos;
forfeiture of the resources subject of the offense, equipment, gears, and vessels. The
ARNP-MB shall also impose an administrative fine ranging from Three Hundred
Thousand (P300,000.00) Pesos to Five Hundred Thousand (P500,000.00) Pesos; and
confiscation and forfeiture of the resources subject of the offense, equipment, gears,
and vessels.

The discovery of dynamite, other explosives and chemical compounds which
contain combustible elements or noxious or poisonous substances in any vessel or in
the possession of any person within the ARNP shall constitute prima facie evidence
that the same was used in violation of this Act. The discovery in any vessel or in the
possession of any person within the ARNP of resources caught, taken, killed,
removed, gathered or destroyed with the use of explosives, noxious or poisonous
substances shall constitute prima facie evidence of violation of this Act;

(2) Where the offender merely possesses explosive, noxious or poisonous
substances, within the ARNP, the penalty shall be imprisonment ranging from four (4)
years and two (2) months and one (1) day to six (6) years, a fine ranging from One
Hundred Thousand (P100,000.00) Pesos to Three Hundred Thousand (P300,000.00)
Pesos and forfeiture of fish catch, fishing equipment and vessels. The ARNP-MB
shall also impose an administrative fine ranging from One Hundred Thousand
(P 100,000.00) Pesos to Three Hundred Thousand (P300,000.00) Pesos and shall
confiscate the resources that are subject of the offense, including all equipment, gear
and vessels which are all be forfeited in favor of the ARNP.

(3) Where the offender takes, removes, gathers, kills, destroys or possesses
corals, except for scientific or research purposes authorized by the ARNP-MB, the
penalty shall be imprisonment ranging from six (6) years and one day to twelve (12)

years a fine ranging from One Hundred Thousand (P100,000.00) Pesos to Two



Hundred Fifty Thousand (P250,000.00) Pesos and forfeiture of the corals, equipment,
gears and vessels. The ARNP-MB shall also impose an administrative fine ranging
from One Hundred Thousand (P100,000.00) Pesos to Two Hundred Fifty Thousand
(250,000.00) Pesos and shall confiscate the corals that are the subject of the offense.
and all equipment, gears and vessels used in the commission of the crime. The same
Shall be forfeited in favor of the ARNP.

(4) Where the offender uses any fishing gear or method that destroys coral
reef, seagrass beds, or other marine life habitats as may be determined by this Act,
the ARNP-MB, other laws, the Department of Agriculture (DA), or the DENR, the
penalty of imprisonment ranging six (6) years and one (1) day to twelve (12) years, a
fine of not less than One Hundred Thousand (P100,000.00) Pesos to Five Hundred
Thousand (P500,000.00) Pesos and confiscation of harvested resources, fishing
equipment, gear and vessels shall be imposed on the operator, boat captain, master
fisherman, and recruiter or organizer of the fishworkers involved... The ARNP-MB
shall also impose an administrative fine ranging from Four Hundred Thousand
(P400,000.00) Pesos to One Million (P1,000,000.00) Pesos.

Muro-Ami, pa-aling, all kinds of trawls (galadgad, Norway), purse seine
(pangulong), Danish seine (hulbot-hulbot, pahulbot-hulbot, likisan, liba-liba, palisot,
patungko, bira-biru, buli-buli, hulahoop, zipper, lampomas, etc.), ring net (kubkob,
pangulong, kalansisi), drive-in net (kayakas), round haul seine (sapyaw, lawag),
motorized push net (sudsad), bagnet (basnig, saklit), or any of their variations, are
hereby declared destructive fishing methods or gears under this Section:

(5) Where the offender gathers or removes pebbles, stones, rocks, sand or other

materials or otherwise engages in the quarrying or dredging of any portion of the
ARNP, the penalty shall be imprisonment of six (6) years and one day to twelve (12)
years a fine of not less than One Hundred Thousand (P100,000.00) Pesos to Two
Hundred Fifty Thousand (P250,000.00) Pesos and the substance taken from the habitat,
and all equipment and vessels used to commit such violation shall be confiscated and
forfeited in favor of the ARNP — MB. The ARNP-MB shall also impose
administrative fines ranging from One Hundred Thousand (P100,000.00) Pesos to
‘Seven Hundred Fifty Thousand (P750,000.00) Pesos.

(6) Where the subject of the offense are protected species as defined in this Act,


the penalty shall be imprisonment of twelve (12) years to twenty (20) years, a fine of
Five Hundred Thousand (P500,000.00) Pesos to One Million (P1,000,000.00) Pesos
for every threatened or endangered organism subject of the offense, confiscation and
forfeiture of the harvested species and all equipment, gear and vessels hold in the
commission of the crime. In addition the fishing permit of the offender shall be
cancelled. The ARNP-MB shall also impose an administrative fine ranging from Five
Hundred Thousand (P500,000.00) Pesos to One Million (P1,000,000.00) Pesos for
every threatened or endangered organism that is the subject of the offense.

(7) Where the violations of this Section are not covered by the preceding
paragraphs, the penalty shall be imprisonment of three (1) years to six (6) years, a fine
of not less than One Hundred Thousand (P100,000.00) Pesos but not more than Three
Hundred Thousand (P300,000.00) Pesos, and all harvested resources, equipment, gear
and vessels used in the commission of the crime shall be confiscated and forfeited in
favor of the ARNP. In addition, the fishing permit of the offender shall be cancelled.
The ARNP-MB shall also impose an administrative fine ranging from Three Hundred
Thousand (P300,000.00) Pesos to One Million (P1,000,000.00) pesos.

SEC. 20. Poaching by Foreigners - It shall be unlawful for any foreigner,
ss any fishery

foreign corporation or entity to fish, gather and/or purchase or p\
products within the ARNP or to operate any foreign fishing vessel in the ARNP. The
entry of any foreign fishing vessel in the ARNP shall constitute prima facie evidence
that the vessel is engaged in fishing in the area. The presence of any foreign national
in a fishing vessel of either Philippine or foreign registry in the ARNP shall be
conclusive evidence that the vessel is foreign. Any person found to have violated this
provision shall suffer the imprisonment of six (6) years and one (1) day to twelve
years (12) years and a fine of One Hundred Thousand (US$100,000.00) U.S. Dollars,
in addition to the confiscation and forfeiture of the harvested resources, fishing
equipment and fishing vessel: Provided, That in case of non-payment of fine,
subsidiary imprisonment shall be imposed: Provided, further, That the ARNP-MB
shall impose an administrative fine of not less than Fifty Thousand (US$50,000.00)
US Dollars, but not more than Two Hundred Thousand (US$200,000.00) U.S.
Dollars or its equivalent in Philippine Currency: Provided, finally, That a bond may
be posted for the vessels which shall not be less than One Hundred Thousand


Soma He

(US$100,000.00) US Dollars. A Hold Departure Order shall be issued as a condition
for the grant of bail to any foreign offender. All passports and documents which may
be used by the accused to fice the country must be surrendered to the court.

SEC. 21. Violation of Environmental Impact Assessment System - The ARNP-
MB shall prosecute violations against the Environmental Impact Assessment System.
Such violations shall be punished by imprisonment of three (3) years to five (5) years,
a fine of One Hundred Thousand (P100,000.00) Pesos for every day each violation
subsists. In addition, the offender shall cause the immediate rehabilitation of the
affected area or bear the cost of the rehabilitation. The vessels, structures, effects,
materials, and equipment used, and the products of such violations shall be
confiscated and forfeited in favor of the ARNP-MB. If the offender is a corporation,
the directors and officers thereof shall suffer the penalty as prescribed above. The
ARNP-MB shall also impose an administrative fine of One Hundred Thousand
(P.100,000.00) Pesos for every day each violation subsists.

SEC. 22. Violation of Standards -The owner, operator and top three (3) officers
of any vessel violating the standards set by the ARNP-MB such as, but not limited to,
safety and sanitation standards, shall suffer administrative penalty of fine ranging
from Twenty Thousand (P20,000.00) Pesos to Fifty Thousand (P50,000.00) Pesos for
every day each violation subsists, and suspension of three (3) months to cancellation
of the permit to operate within the ARNP.

SEC. 23. Obstruction of Law Enforcement Officer - The boat owner, master,

operator, officer of any vessel or any person acting on their behalf who evades, __

obstructs or hinders any law enforcement officer in the ARNP from performing their
duty shall be fined Fifty Thousand (50,000.00) Pesos. In addition, the registration,
permit and/or license of the vessel, including the license of the officers thereof shall
be cancelled.

SEC. 24. Common Penal Provision — (2) If the vessel used in the commission
of the violation is owned by a corporation or entity, the fine shall be twice the
maximum amount imposed for the offense.

(b) If the vessel used in violation of this Act is foreign owned, the fine shall be
thrice the maximum amount imposed for the offense committed without prejudice to

the other penalties imposed in Section 21 hereof.


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(c) The Captain of the vessel shall suffer the maximum duration of the

imprisonment for the offense committed.

SEC. 25. Subsidiary Imprisonment - Non-payment of judicial fines imposed
under this Act shall be subject to subsidiary imprisonment as provided for by existing
laws.

SEC. 26. Fines and Forfeitures - All administrative fines and forfeitures that
may be imposed by the ARNP-MB under this Act and the rules and regulations that
may be promulgated in pursuit of the goals and objectives of this Act, shall form part
of the funds and assets of ARNP.

Confiscated or forfeited vessels, structures, effects, materials, and equipment
which are not are not necessary for the proper prosecution of the offense charged, may
be sold to the ARNP-MB in a public auction. Proceeds of the said sale shall accrue to
the ARNP Trust Fund created under Section 29 of this Act.

In case the confiscated vessels, structures, effects, materials, and equipment are
in custodia legis, the ARNP-MB or its counsel, after proper proceedings may move
for the sale of the confiscated or forfeited vessels, structures, effects, materials and
equipment pendente lite: Provided, That the said vessels, structures, effects, materials,
and equipment is no longer necessary for the proper prosecution of the offense or if
the same are necessary but substitute evidence is accepted by the Court. The proceeds
of the said sale shall likewise accrue to the ARNP Trust Fund created under Sec. 29 of
this Act.

SEC. 27. Violation of Other Laws - Prosecution for violation of this Act shall
be without prejudice to the prosecution of the offender for violation of other laws,
rules and regulations.

SEC. 28. Special Prosecutors and Counsels - The Department of Justice
(DOJ), upon recommendation of the ARNP-MB, shall designate special prosecutors to
conduct the necessary preliminary investigation and to prosecute violations of this
Act, other laws, rules, and regulations issued by ARNP. Such special prosecutors
shall coordinate with the ARNP-MB and the Protected Area Office in the performance
of their duties and assist in the training of wardens and rangers in arrest and criminal
procedure. The ARNP-MB shall periodically submit an evaluation of the
performance of the designated special prosecutors to the DOJ.


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The ARNP-MB may retain the services of a competent lawyer to prosecute
and/or assist in the prosecution of cases under the direct control and sunervision of the

regular or special prosecutor to defend the members of the ARNP-MB, the PASu and

in the protection. conservation and

the Protected Area Office staff or nersons assistin:
sustainable development of the ARNP against any legal action related to the
performance of their duties and as nrovided in this Act or as delegated by the ARNP.

SEC. 29. The Apo Reef Natural Park Trust Fund (ARNPTF) - There is hereby
established a trust fund to be known as the ARNPTF for purnoses of financing
projects of the system. All income generated from the operation of the system or
management of wild flora and fauna therein shall accrue to the said Fund These
incomes shall be derived from fees from permitted sale and export of flora and fauna
and other resources from the ARNP. vroceeds from lease of multinle-use areas.
contributions from industries and facilities directly benefiting from the ARNP, and
such other fees and income derived from the oneration of the protected area

The Fund may be augmented by grants, donations, endowment from various
sources. domestic or foreign. for nurnoses related to their functions: Provided. That
the Fund shall be deposited as a special account in the National Treasury and
disbursements therefrom shall be made solely for the vrotection. maintenance.
administration and management of the system, and duly approved projects endorsed
by the PAMB in accordance with existing accounting and budgeting rules and
regulations: Provided, further, That the Fund shall not be used to cover personal
services exnenditures

The LGUs shall continue to impose and collect all other fees not enumerated
herein which thev have traditionally collected. such as business permits. property tax.
and rentals of local government units facilities. Furthermore, local government units
mav charge 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
maintenance and protection of the protected area

SEC. 29-A. Tax Exemption. — Any donation or bequest made to the ARNP shall
be exempt from donor’s tax and the same shall be considered as allowable deduction
from the gross income of the donor, in accordance with the provisions of the National

Revenue Code of 1997. as amended.


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SEC. 30. Utilization of Resources - The exploitation or utilization of non-
renewable resources within the ARNP shall not be allowed. Energy projects within
the ARNP shall be allowed only through an Act of Congress, except energy from
wind, sun, and water sources and not more than one (1) megawatt capacity for mini-
hydro power: Provided, That these renewable energy projects are established outside
the strict protection zone, adopt reduced impact technologies and undergo the
Environmental Impact Assessment (EIA) system as provided by law: Provided,
further, That the endorsement of the ARNP-MB has been obtained.

SEC. 31. Appropriations - The Secretary of the DENR shall immediately
include in the Department's program the implementation of this Act. the funding of
which shall be included in the Annual General Appropriations Act

SEC. 32. Construction and Suppletory Application of Existing Laws - The
provisions of this Act shall be construed liberally in favor of achieving biodiversity
conservation, protection and sustainable development. Provisions of Republic Act No.
7586, otherwise known as the National Integrated Protected Areas System (NIPAS)
‘Act of 1992 and existing forestry laws, and their corresponding rules and regulations
not inconsistent hereto shall have the suppletory effect in the implementation of this
Act.

SEC. 33. Repealing Clause - For the purpose of this Act. Sections 11, 15. 16,
20, and 21 of the Republic Act No. 7586 are hereby modified. The prohibition and
penalties under Republic Act No. 7586 are hereby superseded for the entire area
covered by this Act. All other laws, rules and regulations inconsistent with this Act
are hereby repealed or modified accordingly

SEC. 34. 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. 35. Effectivity Clause - This Act shall take effect fifteen (15) days after
Publication in the Official Gazette or two newspapers of general circulation,

Approved,


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

FIFTEENTH CONGRESS
First Regular Session

House sit no.__ 3294

Introduced by- HON. MA. AMELITA A. CALIMBAS — VILLAROSA

XPLANATORY NOTE

This bill seeks to establish the Grand Apo Reef in Sablayan, Occidental Mindoro as a
protected area under the category of natural park and its peripheral waters as buffer zones,
providing the framework for the sustained management of its wide variety of marine life and
development of the park as a tourist destination.

‘Apo teef is the second largest atoll-ike reef in the world and the largest coral reef in the
Philippines. It is vital nesting ground for migratory birds and endemic species of wildlife like the
endangered Nicobar Pigeon (Caloenas nicoberice), Green Sea Turlle (Chelonia mydas) and
Hawkbill Turtle (Eremochelys imbricate),

Rare corals of no less than 197 species and sea creatures of 385 species are commonly
spotted around the reefs, particularly tropical aquarium fish and pelagic species such as jacks,
tuna, barracudas, dolphins and sharks. Many divers have been treated to sights of majestic
manta, stingrays, crevice-dwelling morays, blennies and gobies.

Apo Reef was declared as a Protected Area in September 6, 1996 by virtue of
Presidential Proclamation No. 858. Prior to the said declaration, it was proclaimed @ Marine
Reserve under Proclamation No. 1801 in 1980 and as a Tourist Zone and Marine Reserve in the
Municipality of Sablayan, Occidental Mindoro under Municipal Resolution No. 1108 in 1983.

In the past, Apo Reef was plagued by old threats and problems such as illegal fishing,
poaching and careless diving often brought on by human need, ignorance and indifierences.
Chosen as one of the ten (10) priority sites under the Conservation of Priority Protected Areas,
‘Apo Reef made a: quantum leap in regaining its world class grandeur as an Underwater
Paradise. At present, Apo Reef, a 34 square kilometers atolllike reef teeming with diverse
corals, fishes, marine mammals and invertebrates, is a dream destination for many avid divers.

More importantly it must be reckoned with that the conservation of Apo Reef has a
tremendous impact on food security for millions of Filipines:The-atoll serves as a prolific
replenishment area for the country’s declining fisheries.

‘Apo teef is at risk because it lacks adequate manpower and financial support for its
sustained protection and conservation.

Said bill was approved on Third Reading by the House of Representatives (14"
Congress) on February 24, 2008 and approved on Third Reading by the Senate (14"" Congress)
on January 8, 2010. Due to lack of material fime before the 14" Congress ended. subject bill was
not passed

Jn view of the foregoing, the passage of this bill is earnestly sought

‘AMELITA A. CALIMBAS - VILLAROSA


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

FIFTEENTH CONGRESS
First Regular Session

House BILLNo.__ 3294

Introduced by: HON. MA. AMELITA A. CALIMBAS — VILLAROSA

AN ACT DECLARING THE GRAND APO REEF, LOCATED IN THE
MUNICIPALITY OF SABLAYAN, PROVINCE OF OCCIDENTAL MINDORO, AS.
A PROTECTED AREA UNDER THE CLASSIFICATION OF NATURAL PARK
AND ITS PERIPHERAL WATERS AS BUFFER ZONE, PROVIDING FOR ITS
MANAGEMENT AND FOR OTHER PURPOSES

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

rand/Apo Reef

SECTION 1. Title. - This Act shall be known as the
Natural Park Act.”

__. SEC. 2. Declaration of Policy. - Considering the rich biodiversity of the

rand Apo Reef and its vital role in the fishery and eco — tourism industries in the
Country, it is hereby declared the policy of the state to ensure its protection and
conservation, including its associated waters and islands. As such, the State
shall ensure the mobilization of resources for the operation of the institutional
mechanism established for the Grand Apo Reef and the provision of scientific
and technical support needed for the conservation of the biodiversity and

integrity of its ecosystem

SEC. 3. Coverage and Scope. — The boundaries of the Grand Apo Reef

Natural Park, Which is located in the Municipality of Sablayan, Province of
Occidental Mindoro, contain an area of fifteen thousand seven hundred ninety —
two (15,792) hectares, and is more particularly described as follows


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Controt ] Northings —_ Eastings
Points CM(®} LATITUDE LONGITUDE (Wieters) {Meters}
123 12° 44" 47” 120° 27 22” —1,410,356.242 223,773.809
2 123 4p 44” 120° 33°44" 1,403,605.487 295,240.033
3 4123 42° 35" 47” 120° 29' 57" 1,383,709.839  228,292.637
4 123 12° 39° 18” 120° 23°46" 1,400,336.616 | 217,153.893

‘Any modification of the coverage and scope of this Act due to factors such
as changing ecological conditions, new scientific or atcheological findings, or
discovery of traditional boundaries not previously taken into account shall be
made through An Act of Congress after full consultation with the affected public
and cancemed government agencies.

SEC. 4. |Buffer Zones.- Buffer zones surrounding the protected aree,
containing an area of Forty-four thousand six hundred sixty-three and four
hundredth seventy-five (44,663,475) hectares, are likewise hereby established,

with the following boundaries:

CONTROL NORTHINGS — EASTING!
POINTS CM() LATITUDE _ LONGITUDE __ (METRES) (METRES)
7 123 12° 46°14" 120° 27°22” 1,413,043.227 223, 151.990
2 123 42° 49°09" 120°37°32" —1,418,718.531 242, 164.582
3 123 42°37 41" 120° 42°10" 4,396,877.891 -250,352.673
4 123 42° 34°20" 120° 30' 16" —1,391,042.803 228, 885.890
5

123 42° 38' 57" 120° 2:

12" 4,399,689.788 214,329,444

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‘The buffer zones are established for the purpose of forming an extra layer
of protection from users of nearby sea-lanes and other threats to the protected
area
Sec. § Land Classification Ali tands and waters of the public domain
within the coverage and scope of this Aci, inclusive of the protected area and its
buffer zone des

cribed in Section 4, shall fall under the classification of national

park pursuani (¢ the 1987 Pi

lippine Constitution,


SEC. 6. Definition of Terms.- The following terms are hereby defined for
the purpose of this Act

“Accredited NGOs/POs” shail refer io groups, organizations or associations
that satisfactorily comply with the accreditation process for non-government
organizations apd people's organizations by the Sangguniang Bayan of Sablayan
went Code of 1880,

pursuant te Republic Act No. 7180 o1 The Locai Gover

“Department” shall refer to the Department of Environment and Natural
Resources, |

"Non-renewable resources” shalll refer to those resources found within the
protected area end its buffer 2ones, the natural replenishment rate of which is
either not known or takes more than twenty-five (25) years.

"Passive ishing gear” shall refer to any means of catching, gathering, or
collecting fish or aquatic products that does not alter the capacity of the
ecosystem to repienish itself nor harm any protected species or the young of any
marine species |

“Plan” shali refer to the management plan for the protection and
conservation of the Grand Apo Reef Natura! Park |

‘Protected species” shall refer (o any species of plants, enimals or
microorganisms) declared as protected under Philippine laws, rules and
requlations or international agreements/conventions wherein the Philippines is 2
signatory, or as provided in the management plan pursuant to this Act

“Secretaly” shall refer to the Secretary of the Department.
yall refer to the Muii-s

“Task Foice” toral Mari

12 Law Enforcement Unit

Sec. 7. Administration and Management.- The Grand Apo Reef Natural
Park is hereby ‘placed under the control and administration of the Department
ement Board (PANS)

through the Protected Area Mai
Sec. 8, Institutional Mechanisms.- The following administrative and

policy-making mechanisms are hereby adopted for the Grand Apo Reef Netural

Park

A. The PAMB)- There is hereby established 2 PAMB which shall be the policy

making body for the protected area. it shall be composed of


1 4, The Department's Regional Executive Director (RED) for Region !V-B, as
2 Chairperson;

istrict of Occidental Mindoro;

5 2. The Representative of the Lone L
‘The Provincial Planning and Development Officer of Occidental Mindoro;

»

4, The Representative of the Office of the Mayor of Sablayan.

6 5. The President of the Liga ng sen by and from among the
7 barangay captains of the ten coastal barangays of Sabiavan;

8 6, The municipal agriculturist of Sablayan, Occidental Mindoro;

9 7. The municipal environment and natural resources officer of Sablayan,
10 Occidental Mindoro;

a 8. At least two fepresentatives from accredited environmental NGOs

2 operating within Sablayan, chosen from among themselves in a meeting
3B duly called for the purpose,

re @. Ai least two representatives from accredited POs from the fisher folk
8 secior operating within the Municipality of Sablayan, chesen from among
16 themselves in @ meeting duly called for the purpose,

Ay 410, One representative trom the Municipal Fisheries and Aquatic re urces:
18 Management Council (MFARMC) of Sablayan, chosen from among
19 themselves in a meeting duly called for the purpose

20 Each member of the PAMB shall serve for a term of three years and shall

tor and deem

to carry the vote of such

considered te represent his or her s

22 sector in all matters the case of government officiais, the term of their

23 membership in the PAMB shall be coterminous with their office or unless sooner

24 terminated by tt

ie head of the agency being represented

B. Powers and Functions of the PAMB.- The PAMB shail exercise the following

26 powers and functions

eal 4. Decide on matters relating to planning, resource protection, and general
2B administration of the area in accordance with the approved
29 management plan,

30 2. Approve | guidelines for the



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Delingate and demarcate protected area boundaries and buffer zones;

4. Promuigale rules and regulations to promote development programs

and projects on biodiversity conservation and sustainable development
consistent with the management plan of the protected area;

5. Ensure the implementation of programs as prescribed in the
management plan in order to provide employment to the people
dwelling in and around the protected area;

6. Contra! and regulate the construction, operation, and maintenance of

infrastructures within the protected area;

Monitor and evaluate the performance of protected area personnel,

NGOs, and the communities and report their assessments to the NIPAS

Policy and Program Steering Committee;

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8. Issue fules and regulations to prohibit and regulate acts that may be
prejudicial to the protected area and the policy declaration herein set
forth.

The Department, through the RED for Region (V-B, shall exercise authority

over the PAMB to ensure that the latter acts within the scope of its powers and

functions. In case of conflict between administrative orders issued by the

Department pursuant to Republic Act No. 7586 or the National Integrated
Protected Areas System Act of 1992 (NIPAS Aet) for national application and the
rules and regulations issued by PAMB, the PAMB shall notify the Secretary who

shall decide whether fo apply the rule or withdraw its application to the site.

Cc.

The PASU
the management, protection and administration of the Grand Apo Reef

fice.- There is hereby established a PASu Office in charge of

Natural Park. The PASu Office shall be assisted by the existing personnel of
the Department. The head of office shail be the chief operating officer and
shail be accountable to the Department's RED for Region IV-B and the
PAMB. The PASu shall have the following powers and functions

1. Actas heed of the secretariat for the PAMB; |
2 Establigh partnership with Wie local community including groups
interested in the achievement of the goals and objectives of the

protected area;


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rT 3. Develop and impiement a pari

information, education, and visitor
2 program.
3 4, Enforce the laws, rules and regulations relevant to the protected area
4 and assist in the prosecution of offenses:
5 5. Supervise all activities within the protecied area for conformity with the
6 management plan;
7 6. Accept, in the name of the Grand Apo Reef Natural Park, funds,
8 donations, gifts, or bequests or property for the support of its programs
a and services; and

‘ 10 7. Perfotm such other functions as ihe PAMB may assign

oe Sec. 9. Protection and Conservation Pian.- The PASu shail take the jead

32 in the preparation of the management plan and all successor plans in
13 coordination with the appropriate offices of the Department, local communities,

14 NGOs and POs)which shall be reviewed and approved by the PAMB and certified

15 to by the Secretary: Provided, however, That the Secretary may revise and modify

16 the management pian, as submitied for certification, to ensure its conformity with

17_the laws and applicable rules and regulations, after consultation with the PAMB.
is Within one yeer from the effectivity of this Act, the management pian shall
= 19 have been putt into effect following the General Management Planning Strategy

~ 20 provided for under the NIPAS Aci and according to the procedure set forth in this

21 Act. The management plan shall contain, among others, the

2 @) category of the protecied area;
23 (b) period of applicability of the pian;

24 (o) key management issue;

25 (d)_ goals and objectives of management in support of Section 2 hereof:

26 {e) site management strategy, and

a {f) major management activities such as, but not limited to enforcement
38 of laws, habitat and wildlife management, sustainable use
29 management, ecofourism development and maintenance,
30 information, education, and communication (IEC).

31 One year before the expiration of the period of the applicability of the

32. existing management plan, the PASu shall cause the publication of notices for


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comments and suggestions on the next 5

cessor pian in a newspaper of focal
circulation in the Municipality of Sablayan and the posting of such notices in the
provincial, municipal and barangay halls, in three other areas frequented by the
public and on Grand Apo Resi. Public hearings may be conducted on the
successor pian

ied area shall give primary consideration to the

The zoning

been sustainably used by fisher folks for

traditional zones

appreciable Iepgih of time, unless such uses are deemed detrimental io

SEC. 10. Prohibited Acts and Penalties.

ine of not less than Five

ner more than Five hundred thou

nd pesos

ind pesos (P5,000.00)

one (1) ¥

(P.500,000.00) pr imprisonment of not less th nor more than six (6)

years, or both| as determined by the Court, shall be imposed upon any person

4, Hunts, destroys, collects, disturbs, or possesses anywhere within the

Grand Apo Reef Natural Park and its adjoining buffer zone any plants

or animals, sand, coral, rocks or products derived from the area without

a proiected area permit,

Possesses outside the projected area any wild plants or animals or

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products derived from the are

ithoui a protected erea permit;

3. Gxlores or extracts minerais within the protected area and its buffer

I

2 and its buffer zone,-using-expiosives,

noxious nels below three centimeters in size

or by any other destructive fishing

method as may be determine:

regulations and ordinances;

wi

removes of destroys any endangered or protecied

o

oF whe

act;

there is a danger to life or property which necessitates such



Throws, dumps or causes to be dumped into the sea within the

protected area and its buffer zone any non-biodegradable material or
other substance deleterious to marine life;

@ Fish in the protected area and its buffer zone |without a protected area

permit; |

6. Violates duly published rules and regulations |issued by the PAMB for
the proteeiion and conservation of the protected area,

40. Erecis any permanent structure on land or on water for any purpose
outside the management plan: Provided, That permanent structures
intended for marine safely and determined to be urgently necessary,
before the next management plan shail have taken effect, shall be
exempted from this prohibition, and

11, Possesses or deals with explosives or noxious substances within the
protected area.

Valuation of the damage shall take into account biodiversity and

conservation considerations as weil as aesthetic and scenic values.

Sec. 11) Special Prosecutors.- Within thirty days from the offectivity of
this Act, the Department of Justice shall appoint @ special prosecutor to whom all
cases for violation of laws, rules and regulations in the protected area shall be
assigned. The special prosecutor shall coordinate with the PAMB and the PASu
in the performance of his/her duties and shall assist in.the training of the Grand
Apo Reef Natural Park personnel in arrest and criminal procedures. Whenever
resources of the PAMB would allow, special private prosecutors may be
appointed to dt Sadler the control/end supervision of the Speciat prosecutor.

Sec. 12, Loca! Government Units. The Municipality of Sablayan, its
coastal barangays and the provincial government of Occidental Mindoro shall
participale in the management of the Grand Apo Reef Protected Area through
representation in the PAMB as provided under Section 8

SEC. 13, Grand Apo Reef Projected Area Fund (GARPAF).- there is
hereby established a irust fund io be known as the Grand Apo Reef Protected
Area Fund for purposes of financing projects of the system. Alf income generated
from the operation of the system

tanagement of wild flora and fauna in the

| a


protected area shall accrue to the Fund. These income shail be derived from fees

from permitted sale and export of flora and fauna and other resources from the

protected area, proceeds from lease of multiple-use areas, contributions trom
industries and fatilities directly benefiting from the protected area; and such other
fees and income Herived from the operation of the protected area

nts, donations, endowment from

i
The Fund may be augmented by

various sources! domesiic or foreign for purposes related to their functions:
Provided, That the

Treasury and disbursements therefrom shali be made solely for the protection,

ind shall be deposited as a special account in the National

maintenance, adininistration, and management of the sysiem, and duly approved

projects endorsed by ihe PAMB in accordance with exisiing accounting and
budgeting rules and regulations: Provided, further, Thal the Fund shall not be

used to cover personal services expenditures,

The LGUs shall continue to impose and collect ali other

enumerated herein which they have traditionally collected, such as business

permits, property tax, and renials of | government units facilities:

Furthermore, local government units may charge add-ons |o fees imposed by the

AM provided that such add-ons shall be determined based on the contribution

of the focal government units in the maintenance and proteciion of ihe proiected

area

SEC. 14. Uf Any exploration or

utilization of non-renewable resources within the Grand Apo Reef Natural Park

and its buffer zone shail not be ailowed. Energy projects, whether renewable or

otherwise, shall be permitted only through an Act of Congress: Provided, That the

exploitation of renewable energy up to three megawalts capacity shall be exempt
from such requirement
SEC. 15. Appropriations.- The Secretary shall immediately include in the

Departm

5 program the implementation of this Act, the funding of which shail

be included in ih annual General Appropriations Act.

SEC. 16. Repeating Ciause- A

with this Act are hereby repeated o



10

|
Sec. 17. | Separability Ciause- f any part or section of this Act is

declared by the courts as unconstitutional, such declaration shali not affect the
other parts or sections.
SEC. 18. Effectivity Clause This Act shall take effect fifteen days after
i

its publication i

the Official Gazette or in a national newspaper of general

circulation readily avaitable in the area. it shall be translated in English ani

Filipino and shall likewise be posted for three week:

in the appropriate language

in @ conspictious piace in the provincial, municipal and barangay halls within the

area as well as in three other places frequented by the public.

Approved

Mevoez008

10


HON. JOSEPH EMILIO
Congressman, Ist Distri
Chairman, Committee on Appropri

May 16,2011

Republic of the Philippines
House of Representatives
iy, Metro Mamita

HON. FRANCISCO T. MATUGAS
Chairman

Committee on Natural Resources
House of Representatives

Dear Chairman Matugas:

Please be informed that the Committee on Appropriations recommends the
approval of the following measures

te

House Bill No. 3294, titled “AN ACT DECLARING THE GRAND APO
REEF, LOCATED IN THE MUNICIPALITY OF SABLAYAN, PROVINCE
OF OCCIDENTAL MINDORO, AS A PROTECTED AREA UNDER THE
CLASSIFICATION OF NATURAL PARK AND iTS PERIPHERAL
WATERS AS BUFFER ZONE, PROVIDING FOR ITS MANAGEMENT
AND FOR OTHER PURPOSES", without amendment, and

Substitute Bill to House Bill No. 3087, titied “AN ACT ESTABLISHING
THE AREA COVERED BY THE NORTHERN NEGROS FOREST
RESERVE SITUATED IN THE CITIES OF TALISAY, SILAY,
VICTORIAS, CADIZ, SAGAY AND SAN CARLOS AND THE
MUNICIPALITIES F EB MAGALONA MURCIA, TOBOSO.
CALATRAVA AND DON SALVADOR BENEDICTO, ALL IN THE
PROVINCE OF NEGROS OCCIDENTAL, AS A PROTECTED AREA, TO
BE KNOWN AS THE NORTHERN NEGROS NATURAL PARK,
PROVIDING FOR ITS MANAGEMENT AND FOR OTHER PURPOSES”,
with amendment as follows:



1. On Section 20, page 43, lines 36 to 42, delete the entire
paragraph and in lieu thereof substitute the following

THE PAMB SHALL HAVE THE POWER TO DISBURSE THE
IPAF. TWENTY-FIVE PER CENT (25%) OF THE IPAF SHALL
BE REMITTED TO THE CENTRAL IPAF FUND IN SUPPORT
OF THE NIPAS: PROVIDED, THAT AT LEAST SEVENTY—
FIVE PER CENT (75%) THEREOF SHALL BE ALLOCATED
TO THE NNNP FUND: PROVIDED FURTHER, THAT ALL
DONATIONS, GRANTS, CONTRIBUTIONS FROM LOCAL
AND FOREIGN SOURCES SHALL ACCRUE TO THE NNNP
FUND.

Thank you and warmest regards.

Very truly yours,

JOSEPR DO ABAYA

Amelita A. Calimbas-Villarosa
én. Alfredo D. Maranon


serie,

\,
Mouse

* cans”

“rape

Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Committee on Ways and Means
Quezon City, Metro Manila

March 13, 20112

HON. FRANCISCO T. MATUGAS.
Chairman
Committee on Natural Resources

Dear Chairman Matugas:

The Committee on Ways and Means, in its meeting today, has approved the tax
provisions on the following Unnumbered Substitute Bills, subject to the following

amendments.

4. Unnumbered Substitute Bill entitled “ACT ESTABLISHING THE APO
REEF LOCATED IN SABLAYAN, OCCIDENTAL MINDORO AS PROTECTED
AREA UNDER THE CATEGORY OF NATURAL PARK AND ITS PERIPHERAL
WATERS AS BUFFER ZONE, PROVIDING FOR ITS MANAGEMENT AND
FOR OTHER PURPOSES” and “AN ACT DECLARING THE AGUSAN MARSH
WILDLIFE SANTUARY AS A PROTECTED AREA AND AS A SPECIAL
ECOLOGICAL TOURISM ZONE, PROVIDING FOR ITS MANAGEMENT, AND
FOR OTHER PURPOSES.” (tax provision be specified in a separate section, to
be read as follows:)

“SEC. 29-A TAX EXEMPTION. - ANY DONATION OR
BEQUEST MADE TO THE ARNP SHALL BE EXEMPT FROM.
DONOR'S TAX AND THE SAME SHALL BE CONSIDERED
AS ALLOWABLE DEDUCTION FROM THE GROSS INCOME
OF THE DONOR, IN ACCORDANCE WITH THE
PROVISIONS OF THE NATIONAL INTERNAL REVENUE
CODE OF 1997, AS AMENDED.

2. Unnumbered Substitute Bill entitled “AN ACT DECLARING THE
AGUSAN MARSH WILDLIFE SANTUARY AS A PROTECTED AREA AND AS
A SPECIAL ECOLOGICAL TOURISM ZONE, PROVIDING FOR ITS
MANAGEMENT, AND FOR OTHER PURPOSES.” (tax provision be specified in
a separate. section, to be read as follows:)

)31-SU0I loc To43 / 7033

5-0825 /Trunbli

ower Ground, North Wing Building Quezon City Tel.


SEC. 15 TAX EXEMPTION ON DONATION - ANY
DONATION OR BEQUEST MADE TO THE AMWS FUND.
SHALL BE EXEMPT FROM DONOR’S TAX AND THE SAME
SHALL BE CONSIDERED AS ALLOWABLE DEDUCTION
FROM THE GROSS INCOME OF THE DONOR, IN
ACCORDANCE WITH THE PROVISIONS OF THE
NATIONAL INTERNAL REVENUE CODE OF 1997, AS

AMENDED.”

Thank you very much

Very wuly yours,

ISIDRO T. mae

Chairman


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

COMMITTEE ON NATURAL RESOURCES

MINUIES OF THE 3rd REGU

AR MEETING OF THE COMMITTEE ON NATUKAL
RESOURCES HELD ON THE 26" OF JANUARY 2011 QVEDNESDAY), 130 PM.
CONFERENCE ROOM NOS. 3 AND 4, SPEAKER RAMON V MITRA, JR BUILDING,
HOUSE OF REPRESENTATIVES, QUEZON CITY

MEMBERS PRESENT
Hon. Francisco T. Matugas - Chairman / Presiding Officer
Hon Erico Basilio A Fabian = Member
Hon. Alfredo D. Marafion IT - Member
Hon. Philip A. Pichay = Member
Hon. Peter M. Unabia - Member
Hon. Aurora Enerio-Cerilles = Member
Hon. Sharon S. Garin - Member
Hon. Herminia B. Roman - Member
Hon. Loreto Leo 5. Ocampos - Member
Hon. Raymond Democrito C. Mendoza - Member
Hon. Rufus B, Rodriguez - Member
Hon. Roger G. Mercado = Member
Hon. Jesus N. Sacdalan - Member
Hon. Jose 8. Aquino TI - Member

I. CALL TO ORDER/ROLL CALL
The meeting was called to order at 1:30 pm. with the Honorable Francisco T. Matugas,
Chairman of the Committee, presiding Thereafter, on a motion made and duly seconded,
the calling of the roll was dispensed with

I. READING/APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

The reading of the minutes of the previous meeting was dispensed with and the same was
approved

II. ACKNOWLEDG!

ENT OF GUESTS/RESOURCE PERSONS

Upon instruction of the Chairman, the Committee Secretary acknowledged the guests and
Tesouttee persons


IV. OPENING REMARKS BY THE CHAIR
Hon. Francisco T. Matugas acknowledged the Members of the committee who were
present. He exhorted everybody present to participate earnestly so that the output of the
deliberation’ in Congress will reflect the true will of the people.

Y. DELIBERATION OF THE FOLLOWING MEA

SURES:

A House Bill No. 3087, entitled: “AN ACT DECLARING THE NORTHERN
*  NEGROS NATURAL PARK LOCATED IN THE PROVINCE OF NEGROS
OCCIDENTAL, AS PROTECTED AREA PROVIDING FOR ITS
MANAGEMENT AND FOR OTHER PURPOSES,” introduced by Hon. Altredo D.
Marafion

1B Mouse Bilt No. 3294, entitled: “AN ACT DECLARING THE GRAND APO I
LOCATED IN THE MUNICIPALITY OF ; F
OCCIDENTAL MINDORO, AS A PROTE

ON OF NATURAL PARK AND ITS PERIPHERAL WAT!

PROVIDING FOR ITS MANAGEMEN

introduced by Hon. Ma. Amelita A Calimbas-Villarosa

C. House Bill No. 3623, entitled. “AN ACT DE
LAND IN BARANGAY COMBADO, MAAS.
AND DISPOSABLE

ARING CERTAIN PORTIONS OF
IN CITY, SOUTHERN LEYTE, AS
NDS, introduced by Hon. Roper G. Mercado

IN ACT RECLASSUFYING PORTION OF
EL: LANDSCAPE LOCATED INTHE
MUD ALITIES OF DINALUPIHAN AND HERMOSA, PROVINCE 01
BATAAN AS ALIENABLE AND DISPOSABLE LAND," introduced by Hon
Herminia B. Roman

Honorable Philip A Pichay moved for the omnibus approval of House Bill Nos, 087,
3294, and 3623, noting that said measures were already approved on 3" reading the

previous congress. With the motion being duly seconded, the measures were
approved.

House Bill No. 851 was approved subject to submission of verification study by
Protected Area and Wildlife Bureau (PAWB) and National Mapping and Resources
Information Authority (NAMRIA) on the actual coverage of the proposal, in
accordance with present land classification standards.

E House Bill No. 423, entitled: “AN ACT ESTABLISHING THE GREAT AND
LITTLE STA. CRUZ ISLANDS IN ZAMBOANGA CITY AS A PROTECTED
AREA UNDER THE CATEGORY OF PROTECTED LANDSCAPE AND
SEASCAPE AND THE PERIPHERAL AREAS AS BUFFER ZONES,
PROVIDING FOR THE MANAGEMENT THEREOF, AND FOR OTHER
PURPOSES,” introduced by Hon. Brico Basillio A. Fabian



a

House Bil No, S60, entitled: “4N ACT ESTABLISHING THE AURORA
INTEGRATED PROTECTED LANDSCAPE, PROVIDING FOR ITS
MANAGEMENT AND FOR OTHER PURPOSES,” introduced by Hon. Juan
Edgardo “Sonny” M. Angara

House Bili No. 850, entitled’ “4N ACT ESTABLISHING THE BATAAN
NATURAL PARK, SUBIC VE AND
ROOSEVELT — PROTECTED LANDSCAPE IN THE
MUNICIPALITIES OF DINALUPIHAN, HER: , ORANI, SAMAL,
ABUCAY, BAGAC AND MORONG IN THE PROF OF BATAAN AND IN
THE MUNICIPALITY OF SUBIC, PROVINCE OF ZAMBALES AND THE CI
OF OLONGAPO, AS ONE PROTECTED AREA UNDER THE NATION:
INTEGRATED PROTECTED AREAS SYSTEM, PROVIDING FOR ITS

MANAGEMENT AND FOR OTHER PURPOSES,” intzoduced by Hon. Herminia
B. Roman

H. House Bill No. 882, entitled: “AN ACT DECLARING BUUG NATIONAL BIOTIC
AREA LOCATED IN THE MUNICIPALITY OF BUUG, PROVINCE OF
ZAMBOANGA SIBUGAY AS A PROTECTED AREA UNDER THE CATEGORY
OF NATURAL BIOTIC AREA AND ITS PERIPHERAL AREAS AS BUFF!

ZONES PROVIDING FOR ITS MANAGEMENT AND @THER PURPOS
introduced by Hon. Jonathan Cabilao Yambao

1 House Bill No. 3249, entitled: “AN ACT ESTABLISHING THE SAMAR ISLAND
NATURAL PARK (SINP), SITUATED IN THE PROVINCES OF SAMAR,
NORTHERN SAMAR AND EASTERN SAMAR, AS A PROTECTED AREA AND
ITS PERIPHERAL AREAS AS BUFFER ZONE, PROVIDING FOR ITS
MANAGEMENT PURSUANT TO REPUBLIC ACT 758 (NIPAS ACT OF 1999)
AND FOR OTHER PURPOSES,” introduced by Hon. Ben P. Evardone

J. House Bil

N ACT ESTABLISHING THE SAMAR ISLAND

NATURAL TED IN THE PROVINCES OF SAMAR,
JORTHERN SAMAR AND EASTERN SAMAR, AS A PROTECTED AREA AND

JTS PERIPHERAL AREAS AS BUFFER ZONE, PROVIDING FOR ITS
MANAGEMENT PURSUANT TO REPUBLIC ACT 758 (NIPAS ACT OF 1992)
IND FOR OTHER PURPOSES,” introduced by Hon. Emil 1, Ong

K House Bill No. 174, entitled. “AN ACT BANNING THE CATCHING, SALE,
PURCHASE, POSSESSION, TRANSPORTATION AND EXPORTATION OF
ALL SHARKS AND RAYS IN THE COUNTRY AND FOR OTHER PURPOSES,”
introduced by Hon. Gloria Macapagal-Arroyo

L. House Bill No. 3521, entitled: “AN ACT DECLARING SEPTEMBER 26 OF
VERY YEAR AS “SAVE SIERRA MADRE DAY’ AND FOR OTHER
PURPOSES,” introduced by Hon. Ma. Theresa B. Bonoan-David

Honorable Erico Basilio Fabian moved for the deferment of House Bill No. 423,
currently being negotiated through a proposed Memorandum of Agreement (MOA)
between the Department of Environment and Natural Resources, Department of
Tourism (DOT) and the City of Zamboanga The City Government of Zamboanga is
proposing to take over the administeation of the Great and Little Sta, Cruz Islands


House Bill No. 850 was also deferred because the Subic-Base Metropolitan Authority

(SBMA), one of the foremost stakeholders affected by the measure, was no
represented

House Bill Nos. 560, 852, 3219, 3437, 174, 3521 were also deferred because the
authors were not present

VL OTHER MATTER

Letter of Hon. Jesus F, Celeste for an ocular inspection prior to the conduct of an in-
house public hearing on House Resolution 715, entitled. “INQUIRY RE: ILLEGAL
CONTRUCTION OF DIKES AND — OTHER ISH PRODUCTION.
INFRASTRUCTURES ON THE HUNDRED ISLANDS NATIONAL PARK IN
ALAMINOS, PANGASINAN”. introduced by Honorable Jesus F. Celeste

The members present agreed to direct the government agencies concemed to conduct
appropriate investigation and submit their findings to the committee, before initiating its
own investigation pursuant to HR 715

Vii. ADJOURNMENT

‘The meeting was adjourned at 02:30 p.m

THEREBY CERT!

TO THE CORRECTNES:

'S OF THE FOREGOING.

DECEEREE EWEN R. MADAMBA,

Legislative Stat

‘Committee Secretary

Approved by:

HON. FRANCISCO T. MATUGAS
‘Chairman