(ee RESS ™

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

No:_7206_

House

Introduced by REP. STRIKE B. REVILLA

EXPLANATORY NOTE

This Act seeks to manage, conserve and protect all peatlands and peatland resources
nationwide within public and private lands. Specifically, this measure seeks to guide all
concerned national government agencies and local government units in adjusting their sectoral or
local policies, plans and programs to be consistent with protection and conservation of peatlands
This will also greatly enhance current efforts to raise awareness on the importance of peatlands
particularly in terms of climate change mitigation. Furthermore, this Bill will be the driving force
to achieve the long-term vision of our Philippine Development Plan 2017-2022 in ensuring
ecological integrity by improving and strengthening peatlands conservation and management.

Peatlands are wetland ecosystems that are characterized by the accumulation of organic
matter called peat which derives from dead and decaying plant material under high water
saturation conditions (CC-GAP, 2005). They are one of the unique and most significant
ecosystems which have key values for biodiversity conservation, water and climate regulation,
and support for human welfare. They are the world’s significant carbon sink but once drained
and degraded, peatlands become susceptible to fire and become carbon source.

According to the Department of Environment and Natural Resources (DENR), peatlands
cover an estimated area of 400 million hectares globally. This is equivalent to about 3 percent of
the Earth’s land surface

In the Philippines, according to the DENR-BMB, citing the 2016 Atlas of Philippine
Inland Wetlands and Classified Caves, there are currently nine identified peatlands in the
country. They are the Tan-ag Haya in Quezon Province, Sab-A in Leyte, San Teodoro and San
Vicente Peatlands in Agusan del Sur; and the Agusan Marsh peatlands in Talacogon,
Caimpugan, Novelle and Bayugan III, Kalingayan-Consuelo and Pag-Asa, having the total area
of 17, 019.90 hectares.

There are other lesser known and relatively disturbed smaller areas of peatlands in
Mindoro, Samar and Quezon.

To date, there is no single national policy that deals directly on peatlands, specifically on
their conservation and sustainable use. Of the nine (9) peatlands mentioned above, only the
Caimpugan Peat Swamp Forest in Agusan Marsh Wildlife Sanctuary is protected under the
National Integrated Protected under the National Integrated Protected Area System (NIPAS) Act,
as amended by Republic Act 11038 Expanded National Integrated Protected Areas System
(ENIPAS) Act of 2018.


As of 2019, a total of 24 possible peatlands areas all over the country had been reported,
with 15 new records of peatlands added and facing threats of degradation.

The ASEAN Member States signed the ASEAN Agreement on Transboundary Haze
Pollution (AATHP) on 10 June 2002, which aims to prevent, monitor, and mitigate land and
forest fires to control transboundary haze pollution through concerted national efforts, regional
and international cooperation. This Agreement was ratified by the Philippines on 1 February
2010. One of the concrete and collective actions under the AATHP Roadmap is specifically on
the sustainable management of peatlands for peatland fire prevention. Moreover, under the
ASEAN Peatland Management Strategy 2006-2020, the ASEAN Member States are committed
to develop or strengthen policies and legislation to protect peatlands and reduce occurrence of
peatland fires.

The Philippines, is also a signatory to the Convention on Wetlands, also known as the
Ramsar Convention, which entered into force in the Philippines on November 8, 1994. As a
Contracting Party, we are committed to work towards the adoption and legislation of a national
policy that will protect wetlands, including peatlands. Recognizing the importance of peatlands,
the Ramsar Convention also provides Contracting Parties with several guidance on global actions
for peatland restoration, conservation and as criteria for identification of international
significance through the Ramsar Site network.

Unlike any other wetland types, peatlands in the country were only documented starting
in 2005. There is a fundamental lack of awareness on peatlands, its characteristics and
appropriate management strategies for peatlands in all sectors, from local people to non-
government organizations (NGOs) and government agencies. Peatlands have been a common
target for agricultural development and oil palm plantations that drain and damage the features
that make them globally-important carbon sinks. Since peatlands and their significance are
poorly known, many of them were drained and converted to agriculture, and then lay abandoned
after finding out too late that peatlands are unsuitable for planting rice. Peatland degradation did
not just result to decline in biodiversity; many areas that were drained suffered from land
subsidence and became fire prone.

The International Union for Conservation of Nature (IUCN) reported that peatlands store
30 percent of global carbon, and when drained and damaged, they exacerbate climate change,
emitting 2 gigatons of carbon dioxide (CO2) every year, which accounts for almost 6 percent of
all global greenhouse gas emissions.

‘A number of Non-Government Organizations like Society for the Conservation of the
Philippine Wetlands, Wetlands International, International Institute of Rural Reconstruction,
Forest Foundation Philippines, Conservation International -Philippines, Laksam Buhay
Foundation Inc., Klima-Climate Change Center and notably Gabay Kalikasan join the fight to
protect and save not only the Caimpugan Peatland in Agusan Marsh but all peatland resources
nationwide

My dear colleagues, I am thus seeking your help and support in this fight for our future
and for the future of our descendants. The passage of this bill is earnestly sought.

REP. th Ronan

2nd District, Cavite


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. uzie

Introduced by REP. STRIKE B. REVILLA

AN ACT TO CONSERVE, PROTECT AND SUSTAINABLY MANAGE
PEATLANDS AND ITS RESOURCES, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “National Peatland and
Peatland Resources Management, Conservation and Protection Act of 2020”.

SECTION 2. Declaration of Policy. ~ It is the policy of the State to promote the
conservation and sustainable development of peatland and peatland resources consistent with the
principles of sustainable development, inclusive economic development, poverty reduction,
biodiversity conservation, climate change adaptation and mitigation, and disaster risk reduction
and management; while advancing the right to a balanced and healthful ecology in accordance
with the harmony and rhythm of nature.

SECTION 3. Coverage. - This Act shall apply to all peatland and peatland resources
nationwide within public and private lands.

SECTION 4. Definition of Terms. - The following terms shall be construed to mean as:

a.) High Conservation Value refers to the biological, ecological, social or cultural values
of outstanding significance at the national, regional or global level or of critical
importance at the local level;

b.) Land use planning refers to the rational and judicious approach of allocating available
land resources to different land - using activities, (e.g. agricultural, residential,
industrial) and for different functions consistent with the overall development
vision/goal of a particular locality;

c.) Peat refers to dead and partially decomposed plant material that have accumulated
under high water saturation or waterlogged conditions. Peat soil is defined using the
definition of histosol (organic soil) which are soils with cumulative organic layer(s)
comprising more than half of the upper 80cm of the soil surface containing 35% or
more organic matter (35% or more loss on ignition) or 18% or more organic carbon;

d.) Peat swamp forest refers to a type of peatland that has forest cover and can be found
in certain areas in the tropical regions of the world including the Philippines;


¢.) Peatlands refers to wetland ecosystems characterized by the accumulation of peat at
the surface. Major characteristics of peatlands are the presence of peat, and permanent
water logging. Peatlands may have vegetation in the form of trees, shrubs, grasses,
and mosses;

f.) Protected Area refers to 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.) Riparian area or zone refers to land that occurs along watercourses and water bodies
and are composed of moist to saturated soils, water-loving plant species and their
associated ecosystems. This may be found surrounding lakes, estuaries, streams and
rivers;

h.) Subsidence refers to the lowering or collapse of the ground level that results from
draining water from peatlands and or due to fire incidence;

i.) Wetlands refer to a wide variety of areas such as natural pools/ponds, springs,
freshwater swamps/marshes, peatlands, floodplains, rivers and lakes, and coastal
areas such as estuaries, saltmarshes, mangroves, lagoons, intertidal flats and seagrass
beds, and also coral reefs and other marine areas no deeper than six meters at low
tide, as well as human-made wetlands such as dams, reservoirs, rice paddies, fish
ponds, saltpans, and wastewater treatment ponds;

j.) Wise use refers to the maintenance of the ecological character of peatlands, achieved
through the implementation of ecosystem approaches, within the context of
sustainable development.

SECTION 5. Implementing and Monitoring Agencies. — The Department of
Environment and Natural Resources (DENR) through the Biodiversity Management Bureau,
shall be the lead agency in the monitoring of overall implementation and compliance of this Act.
The Department of the Interior and Local Government (DILG) through the Bureau of Local
Government Supervision shall support in the implementation of this Act, in coordination with
Department of Agriculture - Bureau of Soils and Water Management, Philippine Atmospheric,
Geophysical and Astronomical Services Administration, Department of Agrarian Reform,
Bureau of Fire Protection -DILG, Bureau of Local Government Development — DILG,
Department of Public Works and Highways, National Water Resources Board, National
Museum, concerned DENR Offices, academe, and concerned Local Government Units for
specific peatland areas, and concerned non-government organizations.

The DENR with the coordinating agencies shall exercise the following powers and
functions within their mandates: formulate, implement and monitor policies, rules, ordinances,
regulations, plans and programs; enter into partnership and engagements with interested partners;
develop best practices on the wise use of peatland areas; communication education, public
awareness; and convene regular meetings to update and share technical progress report to be
shared among the coordinating agencies.

SECTION 6. Role of Local Government Units. — The municipal, city, or provincial
Local Government having territorial jurisdiction over the peatland and its resources shall
prioritize peatland for protection under the National Integrated Protected Area System (NIPAS),
as amended by RA 11038, or declared as critical habitat under the Wildlife Act, or as local
conservation area or other effective area-based conservation measures through the ordinances of
LGUs. They shall also include the protection and conservation of peatland and its resources to
their respective Comprehensive Land Use Plans (CLUPs) and other plans in consultation with
concerned agencies. They shall coordinate with the DENR and DILG in monitoring of peatland
and its resources within their jurisdiction and in compliance of this Act.


SECTION 7. Integration and Mainstreaming of Peatland Protection and Sustainable Use
- All government agencies and offices, and local government units (LGUs) shall integrate and
mainstream peatland protection and sustainable use into their plans, policies, ordinances and
rules and regulations, programs, projects, and development planning process. They shall also
directly consult with the DENR and affected communities in the development and
implementation of their plans, programs and projects within, or having impact, on peatlands.

SECTION 8. Development of National Peatland Conservation Program. — A
National Peatland Conservation Program shall be developed by the DENR, in coordination with
other concerned agencies, sectors, and stakeholders, within one year from the effectivity of this
Act to provide direction, support and guidance to the local government units (LGU) and
stakeholders in the development and implementation of their local peatland conservation
programs. The National Peatland Conservation Program shall define national targets for the
conservation of peatlands and the development of its national coordinating mechanism.

The Program shall include, but not limited to the following strategies:

a.) Inventory, mapping, delineation, assessment and monitoring of peatlands. All
peatlands in the country shall be inventoried and assessed. Peatland assessment
including bio-capacity, carrying capacity, carbon storage and ecosystem services
assessment and valuation of peatland ecosystems shall be conducted to measure the
full extent of its value and guide agencies on its conservation and sustainable use;

b.) Restoration and Rehabilitation of degraded peatlands;

c.) Regulation against peatland drainage, conversion and reclamation, peat extraction and
deliberate setting of fire within the peatland or immediately adjacent areas that may
affect the peatland;

.) Enforcement of legal easement zones, dangers zones and other land use setbacks. All
concerned government agencies and LGUs shall strictly implement land use setback
provisions imposed by law;

¢.) Peat fire early warning systems, prevention, control and monitoring;

f.) Research and Development;

g.) Assessment of vulnerability to climate change and disaster risk management;

h.) Peatland carbon stock assessment, accounting, verification and crediting;

i.) Assessment and monitoring of greenhouse gas flux;

j.) Knowledge management and peatland information system;

k.) Implementation of soil and water conservation technologies;

1) Measures to address invasive alien species;

m,)Establishment and promotion of peatland best management practices (including
Public-Private Partnership);

n.) Communication, education, participation, capacity-building and awareness program;

©.) Collaboration with Indigenous and local communities in the management and wise
use of the peatlands;


p.) Integration of local and traditional ecological knowledge and practices with science-
based knowledge systems; and,

q.) Requiring environmental impact assessments for any development activity proposed
within the peatland of adjacent areas or the catchment of the peatland which may
potentially have a negative impact on the peatland.

SECTION 9. Land Classification of Peatland. — All areas which have been classified
and released as agricultural land but that are currently or formerly may have been identified as
peatland even if they have been subsequently degraded shall be reverted to either forest land or
national park. The appropriate implementing agency shall immediately initiate the expropriation
proceedings before the proper court under the existing law.

SECTION 10. Prohibited Acts. — In addition to acts or omissions already penalized by
existing laws, the following offenses shall be punishable under this Act:
1. Drainage of peatlands for the following purposes:
a. Conventional agriculture development;
b. Illegal logging; or,
c. Transport and infrastructure, and other land use.

2. Forest clearance and degradation, such as:
a. Peatland conversion to agriculture, mining, residential, or any other kind of

conversion;
b. Logging; or,
c. Fire.

3. Peatland deforestation and fires for the following purposes:
a. Land clearance;
b. Land claims and conflicts;
c. Resource extraction; or,
d. Accidental.

SECTION 11. Penal Provision. Violation under this Act or any rule or regulation
pursuant to this Act, shall upon conviction, be punished with a fine not less than Two Hundred
Thousand pesos (P200,000.00) or imprisonment of not less than six (6) months, or both, shall be
imposed at the discretion of the court.

SECTION 12. Appropriations. - The amounts necessary to implement this Act during
the first year of implementation shall be sourced from the DENR. Thereafter, such amounts
necessary to effectively carry out the provisions of this Act shall be included in the General
Appropriations Act.

SECTION 13. Implementing Rules and Regulations (IRR). — Within six (6) months
from the date of this Act, the DENR, in close coordination with concerned agencies, shall
prepare the IRR of this Act.

SECTION 14, Reporting on the Implementation of this Act. The Biodiversity
Management Bureau in coordination with concerned agencies shall submit a report every three
years to the President of the Philippines through the DENR Secretary on the implementation of
this Act.

SECTION 15. Separability Clause. — If any provision of this Act is declared
unconstitutional or invalid, any part or provisions hereof not affected thereby shall continue to be
in full force and effect.


SECTION 16. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations or parts thereof which are contrary or inconsistent with this Act are hereby repealed
or modified accordingly.

SECTION 17. Effectivity. - This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved.