" 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
~el1utl' 
{f)th;T d HIP ~Hx\"hH'~ 
First Regular Session 
) 
'13 U 15 P6 :15 
SENATE 
Senate Bill No. 
'762 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Malampaya Sound Protected Landscape and Seascape (MSPLAS) 
covers eighteen (18) barangays in the municipality of Taytay and four (4) 
barangays in the municipality of San Vicente spanning to 200,115 hectares. It is 
surrounded by the municipality of EI Nido in the north, municipalities or Roxas, 
San Vicente and Dumaran in the south, West Philippine Sea in the west, and 
barangays Pamantolon, Poblacion, Calauag of the municipality of Taytay in the 
east. 
MSPLAS serve as sanctuary to several rare and endangered wildlife. It has 
one of the largest undisturbed mangrove forest areas in the Philippines. It is home 
to sea cows (Dugong Dugong) whi.ch are considered endemic and threatened 
species. It is also a known habitat of the Irrawady Dolphin (Orcaella Brevirostris). 
The adjacent old-growth forests are important watersheds and serve as the habitat 
of Palawan Hornbill, the Bear Cat, the Peacock Peasant and 
other endemic species. 
Due to its biodiversity and ecological significance, it was declared a 
protected area in 2000 through Presidential Proclamation No. 342. 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 
Congress to enact a law to provide for the management, protection, sustainable 
development and rehabilitation of the MSPLAS. 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 Malampaya 
Sound are lost to the Philippines and the world. 
OY EJERCITO ESTRADA 
Senator 


, ' . 
, ' 
r 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 762 
) 
) 
) 
~~ltlltl? 
{.H.-;r llf Itl\' ~"n:thlt~ 
'13 
JUL 15 P6 :15 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
TO 
ESTABLISH 
THE 
MALAMPAYA 
SOUND 
SITUATED 
IN 
THE 
MUNICIPALITIES OF TAYTAY AND SAN VICENTE, PROVINCE OF PALAWAN, 
AS A PROTECTED AREA PURSUANT TO REPUBLIC ACT NO. 7586 (NIPAS 
ACT OF 1992) PROVIDING FOR ITS MANAGEMENT AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and the House ()f Representatives of the Philippines 
in Congress assembled: 
ARTICLE I 
TITLE, POLICIES AND OBJECTIVES 
SECTION 1.Title. -This Act shall be known as the "Malampaya Sound 
Protected Landscape and Seascape Act". 
SEC. 2. Declaration of Policy. -It is the policy of the State to ensure the 
protection, preservation and rehabilitation of Malampaya Sound Protected 
Landscape and Seascape (MSPLAS), the communities therein, their culture and 
way of life, insofar as they are in harmony with nature and do not alter the 
ecological systems and the magnitude of biological diversity of the area. As a 
habitat for endemic, endangered and unique flora and fauna species and an eco-
tourism zone, the State shall undertake steps to preserve its integrity for future 
Filipino generations. It shall ensure the protection and conservation of biodiversity 
of Malampaya Sound through sustainable and participatory development, and 
advance and protect the interests of its legitimate inhabitants and honor customary 
laws in accordance with Republic Act No. 7586' (or the "National Integrated 
Protected Area System Act of 1992", Republic Act No. 8371 (or the "Indigenous 
Peoples Rights Act of 1997"), other pertinent laws, and applicable international , 
conventions to which the Philippines is a signatory. 
SEC. 3. Definition of Terms. -For purposes of this Act: 
(a) "Biodiversity" - shall refer to the variety and variability among all living 
organisms and the ecological complex.in which they are found; 
(b) "Bioprospecting"- shall refer to the research, collection and utilization of 
biological and genetic resources for the purpose of applying the knowledge 
derived there from to make or modify products or processes and their 
derivatives for scientific, agricultural, industrial and other applications; 


· , 
, 
(c) "By-product"-shaI1 refer to any part taken from wild species such as, but 
not limited to, hides, antlers, feathers, fur, teeth, claws, internal organs, 
eggs, guano, root, trunk, branches, leaves, stems, flowers, and any other 
item produced out of utilizing wildlife or any of its parts; 
(d) "CITES" -shall refer to the Convention on International Trade of 
Endangered Species of wild flora and fauna including all its appendices 
referring to the lists of species differentially regulated therein; 
(e) "Derivatives"-shall refer to anything extracted from wild species such as, 
but not limited to, blood, oils, saliva, musk, resin, gum, seeds, spores, 
pollen and the like; 
(f) "Endangered species" -shall refer to species or subspecies whose 
population is in danger of extinction and whose survival is unlikely if the 
causal factors continue operating; 
(g) "Endemic species"- shall refer to species or subspecies often within the 
geographical limits of the State which has limited distribution; 
(h) "Exotic species" -shall refer to species or subspecies which is not naturally 
found within the biogeographic region of the MSPLAS; 
(i) "Exploration" -shall refer to searching or prospecting for mineral resources, 
as defined by law, by geological, geochemical or geophysical surveys, 
remote sensing, test pitting, trenching, drilling, shaft sinking, tunneling or 
any other means for the purpose of determining the existence, extent, 
quantity and quality thereof and the feasibility of mining them for profit; 
Q) "Exploitation"- shall refer to any mode of use, extraction, development, 
utilization or disposition of resources, for whatever purpose, whether 
commercial or otherwise; 
(k) "Habitat"- shall refer to an area inhabited by wildlife in the natural state; 
(I) "Indigenous cultural communities or indigenous peoples"- shall refer to 
indigenous cultural communities or indigenous peoples as defined in 
Republic Act No. 8371within the MSPLAS; 
(m) "Indigenous species"-shall refer to native 
Philippine species or 
subspecies with an existing or historical natural occurrence and distribution 
within the MSPLAS: 
(n) "Large-scale infrastructure projects"- shall refer to major port facilities, 
major highways, tall edifices, major dams and the like; 
(0) "Multiple-use zones"- shall refer to areas where settlement, traditional or 
sustainable land use, including agriculture, agro forestry, extraction 
activities and other income generating or livelihood activities, may be 
allowed to the extent prescribed in the Management Plan; 
(p) "Protected area"-shall refer to identified portions of land and water set 
aside by reason of their unique physical and biological significance, 
managed to enhance biological diversity and protected against destructive 
human exploitation. Unless otherwise provided, it shall refer to the 
MSPLAS; 


· , 
(q) "Protected landscape/seascape"-shall refer to an area of national 
significance which is characterized by the harmonious interaction of man 
and land while providing opportunities for public enjoyment through 
recreation and tourism within the normal lifestyle and economic activity of 
the area; 
(r) "Protected species"-shall refer to any plant or animal declared protected 
under Philippine laws, rules and regulations. This shall also include plants 
and animals under CITES, the Bonn Convention on Migratory Species, 
species under the red-list categories of the International Union for the 
Conservation of Nature, and species which may not be considered 
threatened elsewhere but are in danger of extinction within the MSPLAS as 
determined by the Protected Area Management Board (PAM B); 
(s) "Quarrying"-shall refer to the process of extracting, removing and disposing 
quarry resources, as defined by law, found on or underneath the surface of 
private or public land; 
(t) "Recreational zones"-shall refer to areas of high recreational, tourism, 
educational or environmental awareness values where sustainable eco-
tourism, recreational, conservation education or public awareness activities 
may be allowed as prescribed in the Management Plan; 
(u) "Secretary"- shall refer to the Secretary of the Department of Environment 
and Natural Resources; 
(v) "Special use zones"-shall refer to areas containing existing installations of 
national significance such as telecommunication facilities, irrigation canals 
or electric power lines; 
(w) "Sustainable" -shall refer to the use of components of biological diversity in 
a manner and at a rate that does not lead to the decline of the species used 
nor cause permanent or long-term diminishment or qualitative degradation 
of biological species, ecological functions or of other resources extracted or 
disturbed. It shall not pertain to the exploitation of non-renewable resources 
in commercial quantities which will significantly alter the ecosystem or 
contribute to the extinction of species; 
(x) "Strict protection zones"- shall refer to areas with high biodiversity value 
which shall be closed to all human activity except for scientific studies; 
(y) "Tenured migrants"- shall refer to individuals and households within the 
MSPLAS who have actually and continuously occupied such areas on or 
before July 12,1995 and are substantially dependent therein for 
subsistence; 
(z) "Wildlife" -shall refer to wild forms and varieties of flora and fauna, 
including captive bred or propagated individuals, parts, derivatives and by-
products thereof; and 
(aa) 
"Management zones" shall refer to the divisions within the MSPLAS 
into levels of protection and permitted use of natural resources, such as 
strict protection zone, sustainable use zone, restoration zone, habitat 
management zone, multiple-use zone, cultural zone, recreational zone and 
special use zone, as provided under existing rules and regulations. 


· , 
SEC. 4. Declaration and Scope. ·Pursuant to and in accordance with 
Republic Act No. 7586, the Malampaya Sound situated in the municipalities of 
Taytay and San Vicente, Province of Palawan, is hereby declared and established 
as a protected area and part of the National Integrated Protected Area System 
under the category of Protected Landscape and Seascape as defined herein. It 
shall be referred to as the Malampaya Sound Protected Landscape and Seascape 
(MSPLAS) and its boundaries shall be as follows: 
Beginning at point marked "1"on DENR NIPAS Map No 
at S 
7,33'4.1 1", 
E 3058.150 meters more or less, from BLLM No.2 at 10'49'46.616 
latitude and 119'31 '0.383" longitude, Taytay Cadastre, Province of 
Palawan, 
Thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
thence 
s s s s s s s 
S 
N 
S 
S 
N 
S 
N 
N 
N 
S 
S 
S 
S 
S 
S 
S 
S 
S 
S 
N 
N 
N 
N 
N 
N 
S 
S 
S 
S 
S 
S 
S 
N 
N 
S 
S 
N 
N 
N 
N 
S 
S 
S 
0° 
1° 
23° 
26° 
9° 
25° 
69° 
12° 
67° 
75° 
83° 
35° 
88° 
45° 
1° 
88° 
40° 
54° 
54° 
88° 
25° 
69° 
1° 
25° 
5° 
19° 
83° 
36° 
32° 
13° 
12° 
4° 
88° 
63° 
45° 
10° 
8° 
63° 
40° 
88° 
53° 
75° 
50° 
87° 
54° 
40° 
89° 
40° 
87° 
88° 
48' 
26' 
47' 
4' 
51' 
25' 
32' 
54' 
l' 
22' 
36' 
52' 
52' 
2' 
7' 
48' 
24' 
2' 
8' 
13' 
50' 
32' 
25' 
49' 
35' 
3' 
14' 
50' 
55' 
6' 
23' 
18' 
2' 
36' 
6' 
56' 
54' 
36' 
16' 
10' 
16' 
20' 
56' 
7' 
53' 
44' 
32' 
8' 
33' 
15' 
55.11" 
W 
52.55" E 
14.00" E 
33.51"W 
17.19"W 
52.50"W 
46.33"W 
59.36W5 
45.59W 
37.21"W 
35.47"W 
23.26W 
25.40"W 
13.84"W 
46.58"W 
28.94"W 
25.31"E 
2.16"E 
3.55"E 
26.37"E 
12.73"E 
7.71'W 
16.98"E 
11.92"E 
53.02''W 
43.32"E 
1 0.3TE 
12.20"E 
37.'15"E 
17.79''W 
49.11''W 
9.19"W 
2.45"E 
28.80"E 
20.49"E 
43.56"E 
8.28"W 
32.46"W 
5.54"E 
9.62"E 
49.29"E 
55.8TE 
33.58"E 
57.28"E2 
46.89"E 
13.81"E 
41.50"E 
57.14"E 
39.53"E 
33.54"E 
2,922.33m 
1,283.91m 
958.93m 
1,595.34m 
1,709.81m 
14,086.64m 
4,112.73m 
,346.46m 
12,303.31m 
3,839.52m 
2,774.01m 
2,322.42m 
13,499.17m 
16,060.90m 
45,652.49m 
8,174.64m 
765.31m 
9,789.75m 
4,204.90m 
1,621.76m 
4,691.18m 
290.91m 
641.88m 
306.17m 
311.56m 
513.75m 
617.19m 
848.35m 
238.51m 
249.50m 
737.71m 
487.98m 
262.63m 
220.56m 
248.89m 
360.12m 
336.43m 
196.06m 
461.01m 
459.36m 
542.45m 
339.75m 
382.64m 
62.65m 
544.95m 
514.67m 
524.82m 
1,438.08m 
1,094.83m 
1,728.93m 
Meters to point2 
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Meters to point 47 
Meters to point 48 
Meters to point 49 
Meters to point 50 
Meters to point 51 


thence 
N 
68° 
3' 
15.86"E 
1,269.10m 
Meters to point 52 
thence 
S 
4° 
13' 
57.98"E 
166.35m 
Meters to point 53 
thence 
S 
38° 
0' 
27.16"E 
125.61m 
Meters to point 54 
thence 
N 
89° 
32' 
9.31"E 
131.21m 
Meters to point 55 
thence 
S 
35° 
40' 
43.60"E 
189.63m 
Meters to point 56 
thence 
S 
58° 
9' 
2.50"E 
103.51m 
Meters to point 57 
thence 
S 
22° 
l' 
51.31"E 
59.50m 
Meters to point 58 
thence 
S 
37° 
51' 
43.59"E 
70.53m 
Meters to point 59 
thence 
S 
0° 
27' 
51.60"E 
55.33m 
Meters to point 60 
thence 
S 
22° 
l' 
51.18"E 
59.50m 
Meters to point 61 
thence 
S 
49° 
31' 
29.86"E 
101.33m 
Meters to point 62 
thence 
S 
5° 
10' 
18.64"E 
133.24m 
Meters to point 63 
thence 
S 
30° 
37' 
56.25"E 
217.59m 
Meters to point 64 
thence 
S 
22° 
l' 
53.24"E 
59.50m 
Meters to point 65 
thence 
S 
45° 
7' 
23.35"E 
155.57m 
Meters to point 66 
thence 
S 
22° 
l' 
54.27"E 
118.99m 
Meters to point 67 
thence 
S 
45° 
7' 
24.61"E 
62.23m 
Meters to point 68 
thence 
S 
27° 
51' 
35.06"E 
138.28m 
Meters to point 69 
thence 
S 
4° 
14' 
34.38"W 
133.24 m 
Meters to point 70 
thence 
S 
24° 
17' 
31.44"W 
182.79m 
Meters to point 71 
thence 
S 
0° 
27' 
51.72"E 
165.99m 
Meters to point 72 
thence 
S 
30° 
11' 
58.69"E 
64.32m 
Meters to point 73 
thence 
S 
37° 
51' 
49.26"E 
70.53m 
Meters to point 74 
thence 
S 
15° 
18' 
7.82'W 
80.49m 
Meters to point 75 
thence 
S 
9° 
6' 
30.45"E 
145.51m 
Meters to point 76 
thence 
S 
22° 
29' 
20.77"E 
168.25m 
Meters to point 77 
thence 
S 
0° 
27' 
49.87"E 
88.53m 
Meters to point 78 
thence 
S 
15° 
48 
48.35"E 
206.56m 
Meters to point 79 
thence 
S 
45° 
7' 
26.05 E 
155.58m 
Meters to point 80 
thence 
S 
17° 
50' 
26.72"E 
695.72m 
Meters to point 81 
thence 
S 
15° 
22' 
54.42"E 
3,950.97m 
Meters to point 82 
thence 
S 
24° 
46' 
24.44"E 
4,517.09m 
Meters to point 83 
thence 
S 
37° 
27' 
1.79"E 
581.85m 
Meters to point 84 
thence 
S 
34° 
51' 
6.56"E 
348.64m 
Meters to point 85 
thence 
S 
52° 
50' 
33.88"E 
290.04m 
Meters to point 86 
thence 
S 
67° 
23' 
43.82"E 
225.91m 
Meters to point 87 
thence 
S 
50° 
31' 
51.87"E 
413.73m 
Meters to point 88 
thence 
S 
45° 
8 
12.72"E 
326.77m 
Meters to point 89 
thence 
S 
48° 
0' 
4.47"E 
311.42m 
Meters to point 90 
thence 
S 
46° 
24' 
40.23"E 
350.11m 
Meters to point 91 
thence 
S 
33° 
26' 
28.33"E 
22.11m 
Meters to point 92 
thence 
S 
28° 
29' 
57.05"E 
7,660.05in 
Meters to point 2 
containing an approximate area of two hundred thousand one hundred fifty-five 
(200,255) hectarl'ls, subject to actual ground survey. 
All existing land-use and resource-use permits within the MSPLAS shall be 
reviewed and shall not be renewed upon their expiration unless consistent with the 
Management Plan as provided herein and upon approval by the PAMB. Extractive 
resource use within the MSPLAS shall not be deemed to include sustainable 
extraction by indigenous cultural communities or indigenous peoples and tenured 
migrants. 
ARTICLE II 
MANAGEMENT, MANAGEMENT PLAN AND ZONING 
SEC. 5. Management of the MSPLAS. -The management and 
administration of the MSPLAS shall be vested with the PAMB. The management 
of zones to be established within the MSPLAS shall be consultative and 
participatory. 


SEC. 6. Managem~nt Plan. -Within one (1) year from the effectivity of this 
Act, a Management Plan! shall be prepared in accordance with the General 
Management Planning Sfrategy as provided in Republic Act No. 7586. The 
Management Plan shall ~erve as the basic long-term framework plan in the 
management of the MSI'LAS and guide in the preparation of the annual operations 
plan and budget. The Management Manual shall be drafted with the assistance of 
experts in such fields as socioeconomic planning, ecology and protected area 
management, reviewed and endorsed by the PAMB, and approved by the 
Secretary. 
A. 
B. 
C. 
D. 
The Management Plan shall include the following: 
Executive Summary. 
Description of the Protected Area 
a. Historical Background 
b. Biogeographic Setting 
c. Regional and Local Setting 
d. Topography, Geology and Soils 
e. Climate 
f. 
Boundaries ~nd Rationale for their Location 
g. Flora and Fauna, Habitats and Ecosystems 
h. Human Population and Current Land Use 
i. 
Legal Status and Regulations 
j. Current Man~gement Activities and Research 
k. Initial Environmental Examination Report 
Issues 
a. Conservation Value 
, 
b. Biodiversity Concerns 
c. Habitat Rehabilitation Needs 
d. Management Constraints 
e. Local Interests, Rights and Concerns 
f. 
Development Potential, including Tourism 
g. Changes Required in Legal Status 
Management Plan 
a. Goals 
b. Objectives 
i 
c. Key Manage(nent Issues 
d. Site Management Strategy 
e. Management Activities 
i. community organization 
ii. ancestral domain and rights 
iii. : tenure for tenured protected area residents 
iv. ! boundary demarcation 
v. • management zone boundaries and the rationale for 
each 
vi. . protection program by wardens and by the community 
vii., habitat rehabilitation 
Vlll. 
habitat management 
ix. sustainable use 
x. ,infrastructure, including maintenance 
xi. visitor program and accommodations 
xii. specific management plans for each management zone 


E. Bio-inventory and Research Program 
F. Special Studies 
G. Monitoring and Evaluation 
H. Management Information Data Base Development 
I. Administration 
a. 
Staffing 
b. Work Program 
c. Budget 
J. Annexes 
a. Maps (1:50,000), pictures, aerial photographs 
b. Species lists 
c. References 
The Management Plan shall be consistent with the nature of the MSPLAS. 
It shall be reviewed and updated on a regular basis, at least once every three (3) 
years. However, in cases where significant physical development occur within the 
protected area or critical resources constraints prevent implementation of 
important programs or projects, the Plan or some components thereof may be 
revised or modified. Any modification or revision of the Plan shall be approved by 
a majority of PAMB members. 
SEC. 7. Integration of the Management Plan into Local Development 
Plans. -Local government units shall participate in the management of the 
MSPLAS through their representation in the PAMB. The provisions herein shall be 
incorporated into the barangay, municipal and provincial development plans of 
Palawan and the Regional Development Plan of Region IV as part of their 
environmental concerns in order to ensure that the future development of the 
province and the region is in accordance with this Act. Local government units 
shall likewise ensure that local ordinances' pertaining to the environment are 
consistent with this Act and the Management Plan, as herein provided. 
SEC. 8. Zoning. -Zones shall be established within the MSPLAS giving 
primary consideration to the preservation and conservation of all life forms while 
according respect to the traditional areas used and recognized by the indigenous 
cultural communities or indigenous peoples. Zoning shall also take into account 
the tenurial and livelihood concerns of other communities and must ensure the 
efficient protection of habitats, fragile ecosystems and unique areas. 
All primary (old growth) forests within the MSPLAS, including portions which 
have been previously declared as alienable and disposable, shall be classified as 
strict protection zones and shall be free from all forms of logging or explOitation, 
whether commercial or otherwise. However, portions of primary forests may be 
classified as sustainable use zones. Strict protection zones shall also be 
established where necessary for the preservation of biodiversity including, but not 
limited to, the survival of rare and endangered species. 
The establishment and management of zones must involve the community 
concerned by undertaking such steps as dialogue, community-based management 
approach, land and resource-use mapping. 


, 
, 
Multiple-use zones shall be validated on the ground, demarcated on maps 
and monumental in the field with the assistance of communities and agencies 
concerned, 
ARTICLE III 
THE PROTECTED AREA MANAGEMENT BOARD 
SEC. 9. The Protected Area Management Board. -There is hereby created a 
Protected Area Management Board (PAMB) which shall be the sole policy-making 
and permit-granting body of the MSPLAS. In <;Iddition to the powers enumerated in 
Republic act No. 7586, the PAMB shall decide by a majority vote and shall have 
the following powers and functions: 
(a) Promulgate rules and regulations to promote development programs and 
projects on biodiversity conservation 
and sustainable development 
consistent with the Management Manual of the MSPLAS; 
(b) Decide matters relating to planning, resource protection and general 
administration of the MSPLAS in accordance with the approved 
Management Plan; 
(c) Approve proposals, work plans, 
action plans, 
and guidelines for 
management of the MSPLAS 
in 
accordance with 
the approved 
Management Plan; . 
(d) Delineate and demarcate MSPLAS boundaries and ancestral domains, and 
recognize the rights and privileges of indigenous cultural communities or 
indigenous peoples; 
(e) Ensure the implementation of projects and programs as prescribed in the 
Management Plan; 
(f) Control and regulate the construction, operation and maintenance of roads, 
trails, waterworks, sewerage, fire protection and sanitation systems and 
other public utilities within the MSPLAS; 
(g) Issue land and resource-use permits and all the necessary permits within 
the MSPLAS in accordance with the Management Plan and consistent with 
the nature of the MSPLAS; 
(h) Recommend criteria and set fees for the issuance of permits for the 
activities regulated by this Act or the Management Plan. The PAMS shall 
I 
only issue permits taking into consideration ecological and sustainability 
factors based on the policies provided in Section 2 and 8 of this Act; 
(i) Adopt rules and procedure for the conduct of business, including the 
creation of committees to which the PAMB powers may be delegated; 
(j) Control and supervise the Office of. the Protected Area Superintendent 
(PASu); 
(k) Deputize, through the Protected Area Superintendent, individuals for the 
enforcement of the laws, rules and regulations governing conduct within the 
MSPLAS, and prescribe the necessary qualifications therefore; 


.' 
(I) Accept donations, approve proposals for funding, budget allocations and 
exercise accountability over all funds that may accrue to the MSPLAS; 
(m) Coordinate with the appropriate agencies of the government; and 
(n) Retain legal counsel to defend cases against the PAMB and the Office of 
the Protected Area Superintendent whenever they are sued in connection 
with the performance of their duties under this Act. 
The Department of Environment and Natural Resources, through the 
Regional Executive Director, shall ensure that the PAMB acts within the scope of 
its powers and functions. In case of conflict between administrative orders issued 
by the Department of Environment and Natural Resources pursuant to Republic 
Act No. 7586 and resolutions issued by the PAMB, the Secretary shall decide 
whether to apply the rule or withdraw its application to the MSPLAS. 
SEC. 10. Composition. ·The Board shall be composed of 
a. The Regional Executive Director (RED) of DENR-Region IV, as 
chairperson; 
b. One (1) representative from the Palawan Council for Sustainable 
Development (PCSD) as member; 
c. The mayors of the municipalities of Taytay and San Vicente as 
members. Each mayor may appoint a regular duly authorized 
representative whenever he/she cannot personally attend any of the 
PAMB meetings; 
d. The Barangay Captains of barangays whose territory, in whole or in 
part, is within the boundaries of the MSPLAS as members; 
e. The Provincial Planning and Development Officer of Palawan as 
member; 
f. The Provincial Tourism Officer of Palawan as member; 
g. Three (3) representatives from the non-governmental organizations 
operating within the MSPLAS, chosen from among themselves as 
members; 
h. Three (3) representatives from the people's organizations within the 
MSPLAS, chosen from among themselves, as members; 
1. 
Three (3) representatives from the indigenous cultural communities 
or indigenous peoples residing within the MSPLAS as member; and 
j. The Protected Area Superintendent as ex-officio member. In the 
selection 
of 
peoples' 
and 
non-government 
organizations' 
representatives, preference shall be accorded to those organizations 
involved in the conservation and protection of the MSPLAS and 
engaged in the field of developmental work. The representation of 
peoples and non-government organizations shall be institutional and 
shall endeavor to achieve geographic balance. 
In addition to actual and necessary traveling and subsistence expenses 
incurred in the performance of their duties, PAMB members shall be entitled to 
honorarium and insurance coverage in attending PAMB or other PAMB committee 
meetings. These expenses shall be included in the budget for the MSPLAS. 
SEC. 11. The Executive Committee. -There shall be an Executive 
Committee within the PAMB to which the PAMB may delegate some of its powers 
and functions. It shall be composed of: 
(a) The Regional Executive director as chairperson; 


(b) The representative from the Palawan Council for Sustainable 
Development (PCSD) as member; 
(c) One (1 )mayor to be chosen from among the mayors of the municipalities 
comprising the MSPLAS as member; 
(d) One (1)Barangay Captain to be chosen from among the barangay 
captains of barangays whose territory, in whole or in part, is within the 
boundaries of the MSPLAS, as member; 
(e) Either one (1)between the Provincial Planning and Development Officer 
or the Provincial Tourism Officer as designated by the Provincial 
Governor, as member; 
(f) One of the representatives from the peoples' organizations as member; 
(g) One of the representatives from the non-governmental organizations as 
member; 
(h) One representative from the indigenous cultural communities or 
indigenous peoples; and 
(i) The Protected Area Superintendent as ex officio member. 
Membership in the Executive Committee shall be co-terminus with 
membership in the PAMB. The PAMB may create other committees within 
the Board. The PAMB en banc shall hold meetings at least twice a year. 
However, the Executive Committee may meet on a regular basis to discuss 
day-to-day affairs and other matters delegated by the PAMB. 
SEC. 12. Terms of Office. -Except for government officials who shall serve 
ex officio, PAMB members shall serve for a term of five (5) years: Provided, That 
they remain connected with t~e sector they represent. Whenever a vacancy 
occurs during the term of a member who does not represent the government, a 
new member shall be chosen who shall serve only the remaining term. 
SEC. 13. Removal from Office. -A PAMB member may be removed for 
cause and upon majority vote on the following grounds: 
a) More than three (3)consecutive unexcused absences in regular 
PAMB en banc meetings; 
b) Commission of any of the prohibited acts a provided in this Act, 
Republic Act No. 758.6 or other rules and regulations governing 
protected areas and protected species; 
c) Graft and corruption; and 
d) Conviction of any criminal offense 
SEC. 14. The Protected Area Superintendent Office. -There shall be a 
Protected Area Superintendent (PASu) Office within the Department of 
Environment and Natural Resources to be headed by the Protected Area 
Superintendent who shall serve as Chief Operating DENR Officer of the entire 
MSPLAS. The Protected Area Superintendent and his/her staff shall reside within 
the protected area and establish office therein. 
The Protected Area Superintendent shall have full responsibility for the 
protection of land, water, wildlife and other resources within the MSPLAS. As 
such, he/she shall have the following duties and responsibilities in addition to 
those provided under existing rules and regulations: 
a) Prepare the Management Plan as herein provided; 


· . 
b) Serve as Secretariat to the PAMB with the duty to provide the PAMB 
with all the information necessary to make appropriate decisions for 
the implementation of this Act; 
c) Hire and supervise the necessary personnel to support operations as 
the budget may allow; 
d) Establish a productive partnership with local communities including 
groups supporting the achievement of the goals and objectives of 
this Act; 
e) Develop and implement a MSPLAS information, education and visit 
or programs; 
f) Enforce the laws, rules and regulations and PAMB resolutions 
relevant to the MSPLAS, and assist in the prosecution of offenses; 
g) Monitor all activities within the MSPLAS in conformity with the 
Management Plan; and 
h) Perform such other function as the PAMB may assign. 
ARTICLE IV 
ANCESTRAL LANDS AND DOMAINS AND TENURED MIGRANTS 
SEC. 15. Ancestral Lands and Domains. -The rights of indigenous 
cultural communities or indigenous peoples in the MSPLAS to their ancestral lands 
and domains shall be fully recognized. Their traditional property regimes exercised 
in accordance with their customary laws shall govern the relationship of all 
individuals within their communities with respect to all land and resources found 
within the ancestral lands and domains traditionally used by them. They may apply 
for Certificates of Ancestral Domain Title (CADT) as provided for in Republic Act 
No. 8371. 
The provisions of this Act shall be construed liberally in favor of the 
indigenous cultural communities or indigenous peoples in accordance with the 
preservation and conservation objectives of the MSPLAS and its resources. 
Nothing herein shall be construed to impair or diminish prior and existing 
rights currently enjoyed by the indigenous cultural communities or indigenous 
peoples as provided for by existing laws. 
SEC. 16. Tenured Migrants. -Whenever practicable, tenured migrants 
shall be provided tenurial rights over their current habitation sites. However, if 
these areas are subsequently identified as crucial for conservation, tenured 
migrants shall, after due consultation, be offered by the Department alternative 
sites within the appropriate zones with preference over non-tenured migrants. 
Provisions for their transfer shall be undertaken by the Department in coordination 
with PAMB and relevant government agencies using humanitarian considerations 
including payment of compensation, providing tenure to alternative land and 
facilities of equivalent standard, and other measures to reach agreement with the 
affected tenured migrants. 


. ' 
, . 
The grant of tenurial rights must takE! into account the need to promote 
clustering and to avoid unnecessary displacement. In areas where tenurial 
instruments are granted. appropriate use zones shall be established for the 
purpose of maintaining noncommercial livelihood activities. 
Lands used as homelots or farm lots shall preferably be held by individual 
household. Lands currently used on a communal basis shall not be held 
individually. 
Tenurial instruments shall not be issued solely on the basis of tax 
declaration receipts. The PAMB shall consider the following as evidence in support 
of tenured migrant status: 
a) Cultivated trees at their fruit-bearing stage; 
b) Physical structure in the area indicating prolonged occupancy; 
c) Certification from the Barangay Captain or any two (2) respected members 
of the nearest community attesting to occupancy; and 
d) Other relevant data (e.g. previous census reports) that may be accepted by 
thePAMB. 
Existing land title instruments shall be reviewed by the Protected Area 
Superintendent and endorsed by the PAMB to the DENR Regional Office for 
validation or reversion. 
All persons who fail to qualify as tenured migrants including transient 
farmers shall be allowed to gather and collect whatever they have planted within 
five (5) years from the effectivity of this Act. Any transfer of non-tenured migrants 
from the MSPLAS shall be undertaken being humanitarian considerations. 
In the event of termination of a tenure instrument for cause or by voluntary 
I 
surrender of rights, the Protected Area Superintendent shall take immediate steps 
to rehabilitate the area in order to return it to its natural state prior to the cultivation 
or other act by the tenured migrant 
SEC. 17. Contract involving Lands within the MSPLAS. -Any purchase, 
sale, encumbrance, mortgage, usufruct, or any form of disposition, alienation or 
transfer of rights involving lands within the MSPLAS shall be restricted among 
tenured migrants or indigenous cultural communities or indigenous peoples, 
otherwise, it shall be null and void ab initio. 
Lease of lands to persons not otherwise qualified to hold lands within the 
MSPLAS may only take place in Multiple Use, Recreation and Special Use Zones. 
Provided, That the use thereof is consistent with Section 2 of this Act and in 
accordance with the Management Plan: Provided, further, That persons not 
otherwise prohibited to hold lands within the MSPLAS may enter into joint venture 
agreements with the government. 
ARTICLE V 
UTILIZATION OF RESOURCES AND FACILITIES 


SEC. 18. Utilization of Resources. -Except for protected species or 
whenever detrimental to the ecosystem, use of resources derived from the 
MSPLAS by tenured migrants and indigenous cultural communities or indigenous 
peoples for their domestic needs or for their subsistence shall be permitted. 
Livelihood activities requiring the use of these resources shall be allowed only 
when sustainable, consistent with the Management Plan, and after prior PAMB 
approval. Only non-timber forest products can be used for livelihood purposes. 
The PAMB is authorized to impose regulatory measures such as hunting 
moratoria, closed hunting seasons and other restrictions on the use of resources 
within the MSPLAS to ensure the sustainability of species and ecosystems: 
I 
Provided, Thai these will not pose a threat to the food security of the indigenous 
cultural communities or indigenous peoples or tenured migrants directly dependent 
therein for their sUbsistence: Provided, further, that these restrictions shall be 
made upon due consultation with the indigenous cultural communities or 
indigenous peoples and tenured migrants. 
Any exploration, exploitation or utilization of non-renewable resources 
within the MSPLAS for commercial purposes or by those who are not members of 
the indigenous cultural communities or indigenous peoples or tenured migrants 
shall not be allowed. 
Energy projects within the MSPLAS shall be allowed only through an act of 
Congress except energy from wind, sun, waves and water resources: Provided, 
That in all instances, the primary beneficiaries shall be residents of MSPLAS: 
Provided, further, That it shall undergo the Environmental Impact Assessment 
System as provided by law: Provided, finally, That the PAMB has endorsed the 
project. 
Commercial exploitation of water resources within the MSPLAS shall 
require prior PAMB approval, must be in accordance with the Management Plan 
and should undergo the Environmental Impact Assessment System. 
SEC. 19. EXisting Facilities within the MSPLAS. -Within ninety (90) days 
from the effectivity of this Act, all existing commercial facilities within the MSPLAS 
with a total capitalization in excess of Fifty thousand pesos (P50,000.00) shall 
submit to the PAMB through the Protected Area Superintendent the following 
information: 
a) Potential for disturbance of protected species and their habitat, 
reproductive cycle, nesting and feeding grounds and migratory 
paths: 
b) Noise levels at all stages of operation; 
c) Emissions and effluent at all stage of operation; 
d) Energy requirements and sources of energy; and 
e) Requirements of water supply and resources of water. 
Based on these submissions, the PAMS, with the assistance of the DENR 
shall determine whether the existence of such facilities and its future plans and 
operations will be detrimental to the MSPLAS. 


Failure to submit the required information shall constitute a violation of this 
Act. The PAMB may prescribe other conditions for the operation of the facility to 
ensure that it does not contradict the management objectives of the MSPLAS. If 
any such conditions are violated, a fine of FIVE THOUSAND PESOS (P5,OOO.OO) 
for every day violation shall be imposed upon the owners of said facility but not to 
exceed a total of Four hundred fifty thousand pesos (P450,OOO.OO). Whenever 
necessary, the PAMB through the Protected Area Superintendent or other 
government entities shall cause the cessation and demolition of the facility at any 
time at the cost of its owners. 
Existing facilities allowed to remain within the MSPLAS shall be charged a 
fee by the PAMB, which shall not be more than two percent (2%) of the annual 
gross income of the facility. 
ARTICLE VI 
PROHIBITED ACTS AND PENALTIES 
SEC. 20. Prohibited Acts. -The following acts shall be prohibited within the 
MSPLAS without prejudice to the application of pertinent laws and regulations: 
a) Hunting, collecting, catching, capturing, wounding, killing, destroying 
or possessing anywhere within the MSPLAS any protected species 
of plant or animal or their by-products or derivatives without prior 
PAMB approval; 
b) Hunting, 
collecting, 
catching, 
capturing, 
wounding, 
killing 
or 
destroying anywhere within the MSPLAS any other species of plant 
and animal or their by-products or derivatives the trade of which is 
regulated by the PAMB; 
c) Bioprospecting without prior PAMB approval; 
d) The disturbance of protected species or their habitats, reproductive 
cycle, roosting and feeding grounds and migratory paths; 
e) Unauthorized cutting, gathering, collecting or removal of timber or 
other forest products: Provided, That any authorization issued shall 
only be valid for one (1)year at a time and given to (i) tenured 
migrants within sustainable, monitored and controlled quotas, and 
(ii)for scientific purposes necessary for protected area management 
in accordance with existing guidelines; 
f) Establishment or introduction of exotic species within the MSPLAS 
with harmful effects or those detrimental to endemic species, without 
prior PAMB approval; 
g) Exploration, exploitation or extraction, drilling or extracting for 
minerals or resources or engage in quarrying within the MSPLAS; 
h) Destroying, excavating, vandalizing or in any manner damaging any 
natural formation on land or sea, burial or religious/spiritual rites, 
artifacts, objects belonging to indigenous cultural communities or 
indigenous peoples and other objects of natural and scenic value; 


· . 
i) Unauthorized possession or use of blasting caps, explosives, or 
cyanide anywhere within the MSPLAS; 
j) Unauthorized possession or use of chain saws or band saws 
anywhere within the Strict Protection Zone of MSPLAS; 
k) Unauthorized use of motorized equipment anywhere within the Strict 
Protection Zone of MSPLAS; 
I) Unauthorized construction or maintenance of any kind of road, 
edifice, facility or any infrastructure project within the MSPLAS; 
m) Unauthorized occupation of any portion of land inside the MSPLAS; 
n) Clearing, 
construction 
of residence or any introduction of 
improvements shall constitute prima facie evidence of occupation or 
settlement; 
0) Alteration, removal, willful destruction of boundary marks or 
interpretative signals; 
p) Engaging in kaingin or in any manner causing a forest fire inside the 
MSPLAS; 
q) Unauthorized fishing anywhere within the MSPLAS; 
r) Fishing within the MSPLAS using spear and submerged underwater 
breathing apparatus, trawling equipment or gillnets of more than 100 
meters in total length or any other equipment prohibited under 
Republic Act No. 8550 or the Fisheries Code of 1998; 
s) Destruction or in any manner damaging coral reefs except in cases 
of emergency; 
t) Introduction, disposal, dumping or causing to be dumped in the 
MSPLAS any waste material, including but not limited to, non-
biodegradable, toxic, nuclear, hazardous and other prohibited 
substances; and 
u) Violation of any rules and regulations provided in the Management 
Plan or any resolution reached by the PAMB in the exercise of its 
adjudicative functions. 
SEC. 21. Penalties. -(a) For any violation of the provisions of Section 20 
I 
hereof, a fine of not less than Five thousand pesos (P5,000.00) but not more than 
Five hundred thousand pesos (P500,000.00)and/or imprisonment of not less than 
one (1) year but not more than six (6) years shall be imposed. 
b) Any provision to the contrary notwithstanding, the commission of any 
unlawful act as provided under the immediately preceding section shall carry the 
penalty of imprisonment of six (6) years and one (1)day to twelve (12) years, and a 
minimum'fine of One million pesos (PI,OOO,OOO.OO) in case the species involved is 
listed under CITES Appendix I, Seven hundred fifty thousand pesos (P750,000.00) 
for the species listed under CITES Appendix 11, and Five hundred thousand 
pesos (P500,000.00)for all threatened species, in addition to the accessory 
penalties provided in the immediately succeeding paragraph. 


c) The commission of any of the foregoing acts shall likewise carry the 
accessory penalties of eviction from the MSPLAS, payment of damages for 
rehabilitation and restoration, and the forfeiture of all equipment, devices, weapons 
or any other instrument or tool used in the commission of the offense. Any 
resource found in the possession of the offender shall also be forfeited. Pending 
the outcome of the case, any resource confiscated shall be immediately turned 
over to the PAMB for proper disposal and the proceeds thereof deposited in a trust 
fund. In no case shall any confiscated or rescued protected animal species be sold 
or in any manner disposed of but shall be immediately turned over to the Protected 
Area Superintendent Office for release in its natural habitat. Valuation of the 
damage to the MSPLAS shall take into account biodiversity and conservation 
considerations as well as aesthetic, socio economic values and rehabilitation and 
, restoration costs. Failure to comply with this provision shall constitute an offense 
under this sub-section. 
d) A fine of not less than One hundred twenty thousand pesos (P120, 000.00) 
but not more than Six hundred thousand pesos (P600,000.00) and/or 
imprisonment of not less than one (1)year but not more than six (6) years shall be 
imposed upon forest rangers or deputized personnel of the PAMS who shall 
unjustifiably refuse or refrain from instituting prosecution or shall tolerate the 
commission of the above mentioned offenses. Conviction of this offense shall 
carry penalty of perpetual disqualification from public office. 
e) A fine of not less than One hundred pesos (P100.00) but not more than 
One thousand pesos (PI,OOO.OO), or community service form one (1)day to one (1) 
week, or both, shall be imposed on anyone who enters into the Strict Protection 
Zone of the MSPLAS without prior PAMS permit. 
ARTICLE VII 
PROCEEDS, FEES AND APPROPRIATIONS 
SEC. 22. Integrated Protected Area Fund. -The Integrated Protected Area 
Fund (IPAF) is hereby established for the purpose of promoting the sustained 
financing the System. The fund may receive revenues generated within protected 
areas, donor support and other funds as provided by law, and disburse the same 
to finance projects of the National Integrated Protected Area System. IPAF income 
shall, among others, be derived from the following sources: 
a) Fees or taxes derived from permitted collection of flora and fauna and other 
resources within the MSPLAS other than protected species as may be set 
by the DENR and the PAMS; 
b) Proceeds from the lease of land and foreshore areas within multiple- use 
and recreational zones and permitted resource utilizations including 
commercially operated facilities within the MSPLAS; 
c) Fees, royalties and contributions from industries and facilities directly 
benefiting from resources originating from the MSPLAS; 
d) Fines and fees, including protected area entry and visitor's fees, as may be 
collected from the operation of the MSPLAS and set by the PAMS; 
e) Donations, endowments, grants and other gratuitous sums received from 
legal sources for the purposes of the management and conservation of the 
MSPLAS: Provided, That lawful onerous conditions attached to the 


• 
, , 
'\ 
\ 
donations shall be respected: Provided, further, That these conditions shall 
be subject to review by the DENR Secretary; and 
f) Such other revenues as may be derived from the operation of the protected 
areas. 
Current sources of revenue of the local government units shall be excluded 
from the IPAF. 
The PAMS shall have the power to disburse the IPAF. Twenty-five percent 
(25%) of the IPAF shall be for the use of the National Government for the support 
of the National integrated Protected Areas System: Provided, That twenty-five 
percent (25%) thereof, excluding item (e) above, shall be allocated to the local 
government units comprising the MSPL.AS. 
SEC. 23. Appropriations. -There is hereby appropriated the amount of Twenty 
million pesos (P20,OOO,OOO.OO)for the first five (5) years from the effectivity of this 
Act to be included in the annual appropriations of the Department of Environment 
and Natural Resources. Thereafter, such sums as may be necessary for the 
implementation of this Act shall be sourced from the IPAF. It shall be included in 
the annual General Appropriations Act if not sufficient. 
ARTICLE VIII 
TRANSITORY AND MISCELLANEOUS PROVISIONS 
SEC. 24. Construction. -The provisions of this Act shall be construed 
liberally in favor of indigenous cultural communities or indigenous peoples and 
tenured migrants and in harmony with the principles of protection and conservation 
of biodiversity. Republic Act No. 7586 shall have suppletory effect in the 
implementation of this Act. 
SEC. 25. TransitolY Provisions. -In order to ensure the sustainability and 
recovery of biodiversity and to develop sustainable livelihood opportunities for 
tenured migrants, the DENR sha!l henceforth cease to issue concessions, 
licenses, permits, clearances, compliance documents or any other instrument that I 
allows 'exploitation of resources within the MSPLAS until the Management Plan 
shall have been put into effect. 
Pending the organization of a new PAMS in accordance with this Act, the 
incumbent PAMS members shall continue to hold office until a new PAMS has 
been convened. 
SEC. 26. Separability Clause. -If any part or section of this Act is declared 
unconstitutional or invalid, such other parts or sections not affected thereby shall 
remain in full force and effect. 
SEC. 27. Repealing Clause. -All laws, decrees, proclamations, executive 
orders, rules and regulations inconsistent with any provisions of this Act shall be 
deemed repealed or modified accordingly. 


• 
SEC. 28. Effectivity Clause. -This Act shall be translated in Filipino by the 
Department of Environment and Natural Resources 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 MSPLAS. It shall likewise be conspicuously posted 
simultaneously in the provincial, municipal and barangay halls within the MSPLAS 
as well as in three other places frequented by the public. Fifteen (15) days after 
the last publication and posting, this Act shall have full force and effect. 
Approved,