.. f 
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7 3 r-: 
FOURTEENTH CONGRESS 
) 
OF THE REPUBLIC OF THE PHILIPPINES ) 
PIRST REGULAR SESSION 
1 
... 
SENATE 
Senate Bill No. 1.7 7 
Introduced by Sen. M.A. Madvigal 
EXPLANATORY NOTE 
By virtue of Presidential Proclamation No. 868 dated 6 September 1996, 
the Apo Reef was declared a protected area under the category of Natural Park 
and its surrounding waters as buffer zone. It is located in the municipality of 
Sablayan, Mindoro Occidental. 
The Apo Reef Natural Park and its buffer zone covers an area f 15,792 
hectares and 11,677 hectares, respectively, for the total area f 27,469 hectares. The 
Apo Reef is the largest atoll like reef in the Philippines marked on the surface by 
three islands, the Apo Island, Apo Menor, and Cayos del Bajo Tinangkapang. 
The Apo Reef Natural Park also possesses interesting submarine physiographic 
formation such as coral walls, caves and drop off. 
The Apo Reef Natural Park also serves as sanctuary to several rare and 
endangered wildlife. There are forty-seven (47) species of migratory and resident 
breeders of bird including the endangered Nicobar Pigeon and Hawksbill Turtle. 
There are also forty-six (46) species of plants, seven (7) species of sea grasses and 
twenty-six (26) species of algae. There are also one hundred ninety (190) species 
of scleractini and corals. The reef waters are habitats for three hundred eighty- 
five species of marine fishes including sharks, stingrays, mantas, school of jacks 
and snappers. 
In line with the State’s policy of securing for the Filipino people of present 
and future generations the perpetual existence of all native plants and animals, it 
is incumbent upon the Congress to enact a law to provide for the management, 
protection, sustainable development and rehabilitation of the Apo Reef Natural 
Park. This shall be established within the framework of the National Integrated 
Protected Area System (NIPAS) Act, or Republic Act of 7586, while considering 
the welfare and recognizing the rights of all the communities living therein 
especially the indigenous peoples. 


Passage of this Bill is thus urgent before the treasures of Apo Reef are lost 
to the Philippines and the world. 


7 JUld 30 i'3 T' 
FOURTEENTH CONGRESS 
) 
FIRST REGULAR SESSION 
) 
OF THE REPUBLIC OF THE PHILIPPINES ) 
Intvoduced by Sen. M.A. Madrigal 
AN ACT 
ESTABLISHING APO REEF IN SABLAYAN, OCCIDENTAL MINDORO AS 
A PROTECTED AREA AND ITS PERIPHERAL WATERS AS BUFFER 
ZONES, PROVIDING FOR ITS MANAGEMENT, FUNDS AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and the House of Representatives oftke Philippines in 
Congress assembled: 
SECTION 1. Title. - This Act shall be known as the "Apo Reef Act of 2007". 
SEC. 2. Declaration of Policy. - In view of the importance of Apo Reef in Sablayan, 
Occidental Mindoro, its biodiversity and role in the fisheries of the region, it is 
hereby declared the policy of the State to ensure the protection and conservation 
of Apo Reef, its associated waters, biodiversity and islands. Pursuant thereto, the 
State shall ensure the full implementation of this Act, mobilize resources in order 
to put into operation institutional mechanisms and full scientific and technical 
support for the conservation of biodiversity and the integrity of the ecosystems 
in Apo Reef. 
SEC. 3. Scope. - The boundaries of the Apo Reef Protected Area, situated in the 
Municipality of Sablayan, Province of Occidental Mindoro, containing an 
approximate area of fifteen thousand seven hundred ninety-two (15,792) 
hectares, are as folIows: 
Control Points 
CM( ) Latitude 
Northings 
Eastings 
(Meters) 
(Meters) 
I 
I, 
1 
123 
12-44-47 
120-27-22 
223773.809 
2 
123 
12-41-11 
120-33-44 
235240.033 
3 
123 
12-35 -47 
120-29-57 
228292.637 
4 
123 
12-39-18 
120-23-46 
2217153.893 
Any modification to this Act due to factors such as changing ecological 
situations, new scientific or archeological findings, or discovery of traditional 


boundaries not previously talcen into account shall be made through an Act 
passed by Congress after full consultation with the affected public and concerned 
government agencies. 
Control 
Points 
1 
2 
3 
4 
SEC. 4. Buffer Zones. - Buffer Zones surrounding the Protected Area, containing 
an approximate area of eleven thousand six hundred. seventy-seven (11,677) 
hectares, are hereby established with the following boundaries: 
CM 
Latitude 
Longtitude 
Northings 
Eastings 
(Metres) 
(Metres) 
123 
12-46-14 
120-27-00 
1413043.227 223151,990 
123 
12-41-32 
120-35-1 9 
1404229.656 238121,888 
123 
12-34-20 
123-30-16 
1391042.803 
228863.890 
123 
12-38-57 
120-22-12 
1399689.788 
2143p9.441 
Such Buffer Zones are established for the purpose of forming an extra 
layer of protection for fishing ground from users of nearby sea-lanes, providing 
belt around the protected area. 
SEC. 5. Definition of Terms. - The following terms are hereby defined for the 
purpose of this Act. 
a. 
Accredited NGOs/POs 
= shall refer to Non-Governmental 
Organizations and People’s Organizations that satisfactorily complied 
with the accreditation process for Non-Government Organizations and 
People’s Organizations by the Sanggunian Bayan of Sablyanan pursuant 
to RA 7160 or the Local Government Code. 
b. 
Natural Resources. 
Department = shall refer to the Department of Environment and 
C. 
Non-Renewable Resources = shall refer to those resources found 
within the PA and its buffer zones, the natural replenishment rate of 
which is either not known or takes more than 25 years. 
d. 
Passive fishing gear = any means of catching, gathering or 
collecting fish or aquatic products that does not alter the capacity of the 
ecosystem to replenish itself nor harm any protected species or the young 
of any species. 
e. 
Plan = shall refer to Protection and Conservation Plan 
f. 
Protected Species = any individual of the following species: manta 
ray, all species of marine turtles, all species of whales and any 
species listed under the Convention of International Trade of 
Endangered Species (CITES), or any plant or animal that shall be 
declared as protected under the Philippine laws, rules and 


regulations or the Protection and Conservation Plan herein 
provided for. 
g. 
Environment and Natural Resources. 
Secretary = shall refer to the Secretary of the Department of 
SEC. 6. Protection and Consemation Plan. - The Protected Area Superintendent 
shall prepare the Protection and Conservation Plan in coordination with the 
appropriate offices of the DENR, local indigenous communities and NGOs. It 
shall be reviewed and approved by the Protected Area Management Board 
(PAMB) and certified by the Secretary. Such certification shall be mandatory to 
ensure the plan conforms to all laws and applicable rules and regulations of 
national application issued by the DENR. The Secretary may revise and modify 
the Protection and Conservation Plan, submitted for certification to make it 
conform to the laws and applicable regulations after consultation with the 
PAMB. 
Within one (1) year from the effectivity of this Act, a Protection and Conservation 
Plan shall have been put into effect following the General Management Planning 
Strategy provided for under Republic Act No. 7586 and according to the 
procedure herein set forth. It shall contain, among others, the following: 
(a) the category of the Protected Area; 
@) period of applicability of the plan; 
(c) key management issue; 
(d) goals and objectives of management in support of Section 2 hereof; 
(e) site management strategy major management activities, such as, but not 
limited to enforcement of laws, habitat and wildlife management, sustainable 
use management, infrastructure development and maintenance, fire and pest 
control; 
(g) zoning; and 
(h) visitor and management programs 
The PASu shall prepare all successor plans. One year before the expiration of the 
period of the applicability of the plan effect, the PASu shall cause publication of 
notices for comments and suggestions on the next successor plan in a newspaper 
of local circulation in the Municipality of Sablayan and the posting of such 
notices in the 
provincial, municipal and barangay hall, in three other areas frequented by the 
public and on Apo Island. Upon the written request of any interested party, 
public hearings may be conducted on the successor plan. Such proposed plan 
shall be made available to the public during the period for comment and a 
finalized plan shall be made available for public perusal at the Office of PASu 
upon the approval of PAMB. 
The zoning of the Protected Area shall give primary consideration to the 
traditional zones that have been sustainably used by fishers for an appreciable 


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


3. delineate and demarcate Protected Area boundaries buffer zones, 
ancestral domains, and recognize the rights and privileges of indigenous 
communities under the provision of this Act; 
4. Promulgate rules and regulations to promote development programs 
and projects on biodiversity conservation and sustainable development 
consistent with the Management Manual of the Protected Area; 
5. Ensure the implementation of programs as prescribed in the Protection 
and Conservation Plan in order to provide employment to the people 
dwelling in and around the Protected Area; 
6. control and regulate the construction, operation and maintenance of 
roads, trails, waterworks, sewerage, fire protection and sanitation system 
and other public utilities within the Protected Area; 
7. Monitor and evaluate the performance of Protected Area personnel, 
NGOs and the communities in providing for biodiversity conservation 
and socio-cultural and economic development and report their 
assessments to the NIPAS Policy and Program Steering Committee and 
the IPAF Governing Board. 
The DENR, though the Regional Executive Director (RED), shall exercise 
authority to oversee the PAMB to ensure that it is acting within the scope of its 
powers and functions. In case of a contradiction between administrative orders 
issued by the DENR pursuant to Republic Act No. 7586 for national application 
and the rules and regulations issued by PAMB, the PAMB shall notify the 
Secretary of the DENR who shall decide whether to apply the rule or withdraw 
its application. 
B. The Protected Area Superintendent (PASu). - There shall be a Protected Area 
Superintendent appointed by the DENR, who shall serve as the chief operating 
officer of the Protected Area. The PASu shall have the following powers and 
functions: 
1. Prepare the Protection and Conservation Plan and successor plans as 
herein provided and execute it; 
2. Serve as the Secretariat for the PAMB with the duty to provide the 
PAMB with all the information necessary for it to make appropriate 
decision when necessary; 
3. Hire and supervise the necessary personnel to support operations as the 
budget made available by the PAMB may allow; 
4. Establish productive partnership with the local community including 
groups interested in the achievement of the goals and objectives of the 
Protected Area, and in the planning, protection and management thereof; 
5. Develop and implement a park information, education and visitor 
program; 
6. Enforce laws, rules and regulations relevant to the Protected Area and 
assist in the prosecution of offenses; 
7. Supervise all activities with the Protected Area for conformity with the 
Protection and Conservation Plan; 
8. Perform such other functions as the PAMB may assign. 


SEC. 8. Administration and Mangemenf: - The Apo Reef Protected Area is hereby 
placed under the control and administration of the DENR through the Protected 
Area Management Board. For this purpose, there is hereby created a Protected 
Area Office which shall be equipped with necessary personnel, as follows: 
One (1) Protected Area Superintendent (PASu) 
One (1) Assistant PA Superintendent 
Technical Staff: 
One (1) Senior Ecosystem Management System Specialist 
Two (2) Ecosystem Management Specialist I1 
One (1) Community Development Officer 11 
Two (2) Ecosystem Management Specialist I 
Three (3) Community Development Officer I 
One (1) Project Development Officer I 
Administrative Staff: 
One (1) Administrative Officer I1 
One (1) Records Officer 
One (1) Property Custodian 
One (1) Clerk I11 
Two (2) Clerk I1 
One (1) Driver 
Two (2) Utility Man 
Finance Staff: 
One (1) Accountant 
One (1) Cashier I 
One (1) Bookkeeper 
Two (2) Accounting Clerk 
Field Staff: 
Ten (10) Park Rangers 
Four (4) Boatswain 
Four (4) Boatman 
SEC. 9. Seasonal Fishing Rights. - Fishers who migrate Apo Reef seasonally for 
traditional fishing and other activities that have benign impact on the 
sustainability and bi.odiversity of the reef shall be allowed to continue such 
activities provided that commission of any of the prohibited acts herein or failure 
to report such acts when observed shall cause the cancellation of such rights. 
SEC. 10. ProhibitedActs. - 
A. The Penalties in Article 309 and 310 of the Revised Penal Code depending on 
the value of the resources take, damaged or destroyed shall be imposed upon 
any person who: 


a. 
Hunts, destroys, collects, disturbs or possesses anywhere within 
the Apo Reef Protected Area any plants or animals, sand, coral, 
rocks or products derived therefrom without a Protected Area 
permit, with the exception of fish and aquatic products caught 
through passive fishing gear; 
Possesses outside the Protected Area any wild plants or animals or 
products derived therefrom which came from the Protected Area; 
Explores or extracts mineral within the Protected Area; 
Fishes within the Protected Area through the use of explosives, 
noxious substances, electricity or nets below three (3) centimeters in 
size from knot to knot when stretched, or by any other means 
except with the use of passive fishing gear provided that the PAMB 
may take rules and regulations to regulate, restrict or prohibit other 
activities that may cause reef destruction or damage, including, but 
not limited to reef gleaning and drift netting; 
b. 
c. 
d. 
Valuation of the damage shall take into account biodiversity and 
conservation considerations as well as aesthetic and scenic value. 
8. A fine of not less than five thousand pesos (P5,OOO.OO) but not more than 
one hundred thousand pesos (PlOO,OOO.OO) and/or imprisonment of not less 
than one (1) year nor more than three (3) years and the restoration and 
rehabilitation of the damages shall be imposed upon any person: 
a. 
Hunts, collects, removes or destroys any endangered or 
protected species; 
b. 
Drops anchor within the Protected Area except in the designated 
sites or where there is a danger to life or property which necessitates such 
act; 
c. 
Knowingly destroys or causes damage to any coral or other non- 
living marine resources; 
d. 
Throws, dumps or causes to be dumped into the sea within the 
Protected Area any non-biodegradable material or other substance 
deleterious to marine life; 
e. Fishes anywhere within the Protected Area without license. Anyone 
intending to fish within the waters of the Protected Area shall register 
his/her license with the PAMB. Failure to so register hisher license 
constitutes a presumption of a lack thereof. 
C. A fine of not less than one hundred thousand pesos (PlOO,OOO.OO) but not more 
than five hundred thousand pesos (P500,OOO.OO) and/or imprisonment from three 
(3) years to five (5) years shall be imposed upon any person who: 
a. 
Violates any rules and regulations in the protection and 
conservation plan by the PAMB or agreements reached before the PAMB 
in its exercise of adjudicative functions; 


b. 
Erects any permanent structure on land or on water for any 
purpose outside the Protection and Conservation Plan, provided that 
permanent structures intended for marine safety and determined to be 
urgently necessary before the next Protection and Conservation Plan shall 
have taken effect shall be exempted from this prohibitions; 
c. 
Possesses or deals in ammonium nitrate or cyanide within the 
Protected Area. 
D. A fine not less than five thousand pesos (P5,OOO.OO) nor more than five 
hundred thousand pesos (P500,OOO.OO) and/or imprisonment of not less than one 
(1) year but not more than five (5) years shall be imposed upon: 
a. 
Any person who shall induce another or conspire to commit any of 
the above acts or suffer their workers to commit any of the above acts 
shall be liable in the same manner as the one actually performing the act; 
b. 
Any person who shall evade responsibility for criminal acts by 
disguising a vessel or hiding its registered name or registering a vessel 
twice under different names. The act of disguising a vessel or hiding its 
registered name or registering a vessel twice under different names shall 
give rise to disputable presumption that it was committed with the 
knowledge of the owner and' with intent to evade responsibility for 
criminal acts. 
SEC. 11. Special Prosecutors. - Within thirty (30) days from the effectivity of this 
Act, the Department of Justice shall appoint a special prosecutor to whom all 
cases of violation laws, rules and regulations in the PA shall be assigned. Such 
special prosecutor shall coordinate with the PAMB and the PASu in the 
performance of hisiher duties and assist in the training of the Task Force Save 
Apo Reef and other wardens and rangers in arrest and criminal procedure. 
Whenever resources of the PAMB would allow, special private prosecutors may 
be appointed to act under the control and supervision of the prosecutor. 
SEC. 12. Local Government Units. - The Municipality of Sablayan, all its coastal 
barangays and the provincial government of Occidental Mindoro shall 
parhcipate in the management of the Apo Reef Protected Area through 
representation in the PAMB as provided for under Section 7 hereof. 
SEC. 13. Integrated Protected Area Funds. - The following shall constitute part of 
the Integrated Protected Area Funds and shall be subject to the rules thereon 
from the moment they accrue: 
(a) Taxes from the permitted use or collection of resources from Protected 
Areas with the exception of taxes already collected by the local government 
on such resources at the time of the passage of this Act; 
(b) Contribution from industries and facilities directly benefiting from the 
Protected Area; 
(c) Such other fees and incomes derived from the operation of the Protected 
Area. 


The PAMB shall have the power to disburse the IPAF: Provided, That a share of 
twenty five percent (25%) shall be provided for the use of the national 
government for the support of the National Protected Areas System: Provided, 
further, That the PAMB shall honor conditions attached to donations. 
SEC. 14. Utilization of Non-renewable Resources. - Any explanation for, exploitation 
or utilization of non-renewable resources within the Protected Area shall not be 
allowed. Energy projects, whether renewable or otherwise, shall be permitted 
only through an Act of Congress, provided that exploitation of renewable energy 
up to three (3) megawatts capacity shall be exempt from such requirement. 
SEC. 15. Appropriations. - For the purpose of this Act there is hereby appropriated 
the amount of Ten million pesos (P10,000,000.00) for the first three (3) years of 
operation after which the IPAF should support PA activities without prejudice to 
the possibility of annual appropriations as may be required. 
SEC. 16. Construction. -The provision of this Act shall be construed liberally in 
favor of tenured migrants and indigenous cultural communities and with due 
consideration to the protection of biodiversity, Republic Act No. 7586 shall have 
suppletory effect in the implementation of this Act. 
SEC. 17. Repealing Clause. - For the purpose of this Act. Sections 11, 15,20 and 21 
of Republic Act No. 7586 are hereby modified. All other laws, rules and 
regulations inconsistent with the act are hereby repealed or modified 
accordingly. The prohibition and penalties under Republic Act No. 7586 are 
hereby superseded for the entire area covered by this Act. 
SEC. 18. Separability Clause. - The provisions of this Act are hereby declared to be 
separable, and in the event one or more of such provisions are held 
unconstitutional, the validity of other provisions shall not be affected thereby. 
SEC. 19. Effectivity Clause. - This Act shall be translated in English and Filipino, 
within thirty (30) days from the date of approval hereof. It shall be published 
once a week for three (3) consecutive weeks in a newspaper of general circulation 
readily available in the areas in and around the score specified herein. It shall 
likewise be conspicuously posted simultaneously in the provincial, municipal 
and barangay halls within the area as well as in three (3) other places frequented 
by the public. Fifteen (15) days after the last publication and posting, this Act 
shall have full force and effect. 
Approved,