TH CONGRESS OF TH 
1 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Introduced by Senator Jinggoy Ejercito Estrada 
EXPLANATORY NOTE 
Our coral reefs is considered one of the most productive and fertile ecosystem in 
the world. About 18,471 kilometers of the entire Philippines coastline are occupied by 
coral reefs. They are recognized as prized natural resources not only for being the 
home of several species but also for being a source of jewelry as well. 
Reef-related fishing accounted for more than twenty percent (20%) of the total 
fisheries production. Because of destructive fishing techniques like muro-ami, kayakas, 
dynarnife cyanide fishing and other destructive means of fishing, coral reefs are 
gradually being destroyed. Considering that the estimated recovery of coral reefs is fifty 
(50) years, there is an urgent need to put a stop to these destructive techniques. 
By proposing the creation of reservation areas where coral reefs will be nurtured 
and protected, this bill seeks to achieve a laudable objective-preserving our coral reefs. 
It also creates an administrative agency, with the participation of the local' government 
concerned, which shall have authority to manage these areas. 
In view of the abovementioned considerations, early passage of this bill is 
earnestly requested. 
Senator 
, 


THI 
ONG 
1 
First Regular Session 
1 1 
"04 Jtjfd 30 Pi0 2 8  
REPUBLIC OF THE PHILIPPINES 
I 
SENATE 
'S.B. No. 1 
~~ 
Introduced by Senator Jinggoy Ejercito Estrada 
AN ACT 
PROVIDING FOR THE CREATION OF RESERVATION AREAS FOR THE 
PRESERVATION AND PROTECTION OF THE CORAL REEFS, PROVIDING 
PENALTIES THEREFOR, AND FOR OTHER PURPOSES 
Be it enacted by fhe Senate and the House of Representative of the Philippines in 
Congress assembled: 
SECTION 1. Tifle. - This Act shall be known as the "Coral Reefs Protection and 
Preservation Act of 2004. 
SEC. 2. Declaration of Policy - The illegal activities of man have led to the 
unabated destruction of the coral reefs in the Philippines. Despite the continuous 
damage done to the coral reefs, man has failed to make measures to recover and 
reclaim the losses caused thereby. Cognizant, therefore, of such problem the State 
hereby acknowledges the importance of coral reefs in national development. For this 
purpose, there shall be established reservation areas exclusively for the protection and 
preservation of the coral reefs. 
A National Council for the Preservation of the Coral Reefs is, therefore, created 
which shall be the leading agency to undertake the management of the reservation 
areas 
SEC. 3. Definifion of Terms. - For purposes of this Act, the following terms 
(a) 
Coral Reefs - is a coelenterate of class anthazoa and occur as polyps 
shall be defined as follows: 
which is usually found in shallow ocean water. 
exclusively for the conservation and preservation of coral reefs. 
(b) 
Reservation Areas - refers to coastal areas which have been set aside 


( 4  
- as defined in this Act mean portion of land which border 
the sea. 
SEC. 4. Municipal Coastline Reservation Areas. - There shall be established 
and set aside portion of coastal areas in each municipality within Philippines solely for 
the preservation, protection and management of coral reefs. 
SEC. 5. National Council for the Preservation of Coral Reefs - There shall be 
created a National Council for the Preservation of Coral Reefs which shall be an attached 
agency of the Department of Environment and Natural Resources (DENR). The council 
shall be headed by the Secretary of the DENR who shall be the Chairman of the Council. 
The other members of the Council shall be I) 
the Secretary of the Department of the 
Interior and Local Government (DILG); 2) the Director-general of the National Economic 
and Development Authority (NEDA); 3) the Director of the Forest Management Bureau 4) 
a ranking official from an accredited non-governmental organization. The National Council 
shall have the following powers and functions: 
I 
) 
Prepare a comprehensive program for the preservation of the coral reefs 
by conducting the necessary studies on the system and the mode of 
preservation of the coral reefs; 
identify the coastal areas which shall form part of the reservation areas; 
Have general control and supervision over all the regional councils; and 
Promulgate the necessary rules and regulations necessary to carry out 
this Act. 
2) 
3) 
4) 
SEC. 6. Regional Council for the Preservation of Coral reefs. - There shall 
be created a Regional Council for the Preservation of Coral Reefs in each region. The 
Council shall be headed by a Regional Executive Director duly appointed by the 
Chairman of the National Council. Other members of the Regional Council shall be 
composed of representatives from a province or municipality concerned. The Regional 
Council shall have the following powers and functions: 
Implement and enforce all the programs and policies laid down by the 
National Council; 
Carry out the general administration and day-to-day planning of the 
program; and 
Secure the reservation area from illegal cutter, fishermen, and from illegal 
activities which would endanger the successful implementation and viability of 
the program. 


_ I ,  . 
Q 
I 
In the exercise of this function, the Regional Council and the Local 
Government under whose jurisdiction the reservation area is located shall 
employ the services of forest guards who shall be tasked with the 
responsibility to guard and police the reservation areas. They shall have the 
authority to arrest those who violate the provisions of this Act and rules and 
regulations pursuant thereto. 
In the event that any member or officer of the National and Regional Council 
or any of the forest guards are found to be involved in illegal activities or 
found to be guilty of melfeasance, the concerned individuals shall be held 
liable for such violations and shall be prosecuted in accordance with the 
provisions of Section 8 of this Act without prejudice to any criminal liability 
which he or she may be found guilty of 
4) Perform other powers and functions as may be designated by the National 
Council. 
SEC. 7. Prohibited Act. - The following Acts are prohibited: 
1) Destruction of the coral reefs within the reservation areas; 
2) Harvesting of coral reefs within the reservation areas; 
3) Illegal fishing activities prejudicial to the preservation of the coral reefs; 
4) Dumping of mine tailing and other industrial wastes within the reservation 
5) Other acts or activities which will result in the destruction of the reservation 
areas; and 
areas. 
SEC. 8. Penalfies. - Those who are found guilty of violating this Act or any rules 
and regulations issued by the National Council shall, after notice and hearing by the 
regular courts of record, be fined in the amount of not less than five hundred thousand 
pesos (P500,OOO.OO) 
but not more than six (6) years, or both, in the discretion of the 
court. 
If the offender is an association or corporation, the president or manager shall be 
directly responsible for the act of his employees and laborers. 
SEC. 9. Separability Clause. - Should any provision of this Act, be declared 
invalid or unconstitutional, no other provisions hereof shall be affected thereby. 


SEC. I O .  Repealing Clause. - All laws, decrees, order, rules and regulations, 
and other issuances, or parts thereof, inconsistent with the provisions of this Act, are 
hereby repealed or amended accordingly. 
SEC. 4 3. Effectivity Clause. - This Act shall effect upon its approval. 
Approved,