THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
1 
5 JUN -8 P4:06 
Senate 3ill No. 
Introduced by Senator Companera Pia S. Cayetano 
EXPLANATORY NOTE 
Eighty six percent (86%) of the total coral species in the Philippines are found in 
Tubbataha. The fish biomass of Tubbataha reefs, as of 2001, is 101 mt/sq.km compared 
to 20-30mthq.km for an averagely healthy reef. It is the rookery of 23 species of 
migratory and resident sea birds, some of which are globally threatened. It is a nesting 
ground for two species of endangered marine turtles It harbors a good number of marine 
mammals and mega-fauna. This rich biodiversity is believed to supply the greater Sulu 
Sea area with fish and coral larvae ensuring food security and livelihood for millions of 
Filipinos. 
The exceptional biodiversity of this reef complex attracts world class di 1 
ers and 
tourists, earning for the country an estimated Thirty Million Pesos (F‘30,000,000.00) a 
year. It is considered by many experts as one of the best dive sites in the world, 
The Philippine Constitution of 1987 in Article 11, Section 16 provides that the 
State shall protect and advance the right of the people to a balanced and healthful ecology 
in accord with the rhythm and harmony of nature. The National Integrated Protected 
Areas System Act (NIPAS) Act (RA 7586) provides that the State shall “secure for the 
Filipino people of present and future generations the perpetual existence of all native 
plant and animals through the establishment of a comprehensive system of integrated 
Constitution”. The Strategic Environmental Plan (SEP) Law (RA 761 1) provides for the 
adoption of a comprehensive framework for the sustainable development of Palawan 
compatible with protecting and enhancing the natural resources and endangered 
environment of the Province of Palawan. 
protected areas within the classification of national park as provided for in the ... 
The concurrence of laws concerning Tubbataha, in particular, and the natural 
resources of Palawan, in general, necessitates harmonization of these laws and the 
definition of the parameters, mechanisms and structures of the management of Tubbataha 
Reef National Marine Park (TRNMP). 
The TRNMP was established in August 11, 1988 upon the request of the 
Provincial Board of Palawan through Resolution No. 244 in 1987. The World Heritage 
Convention inscribed it in the World Heritage List in December 11, 1993 because of its 
outstanding cultural and natural heritage. It is the first natural World Heritage Site in the 
Philippines and one of only 12 marine sites in the world. In November 12, 1999, it was 
inscribed in the Ramsar List of Wetlands of International Importance because of its 
significance to the conservation of biological diversity. 
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The global significance of the attributes of the Tubbataha Reefs and its 
importance to the country’s food security makes protection an imperative. Protection is 
not the responsibility of government alone, It is the duty of every citizen to contribute to 


the maintenance of the natural ecological processes of the Philippines only National 
Marine Park. 
As marine resources dwindle and populations increase globally, threats to the 
integrity of marine protected areas intensify. Marine protected areas management 
experience worldwide, has established that an active public constituency is essential to 
ensure success in the management of protected areas. 
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The Bill is a product of public consultations with open stakeholders conducted 
in the island municipality of Cagayancillo and Puerto Princesa City in Palawan and 
involved various sectors on many separate occasions. Among others, this Bill provides 
for the following: 
e Metes and bounds of TRNMP which ensures the conservation of the 
Tubbataha Reefs and the Nearby Jessie Beazley Reef 
e 
The institutional mechanisms for the management of T R "  with 
emphasis on the precedence of local management institutions; 
Processes for participatory decision-making concerning the conservation 
management of T R " .  
e 
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It therefore represents the aspirations and vies of Palawenos and their exemplary 
concern for this unique marine resource. 
SENATOR &!,?th 
OMP NERA PIA S. CAYETANO 
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THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
1 
SENATE 
Senate Bill No. 
’ 5  
-8 P4 :06 
I 
I” 
Introduced by Senator Companera Pia S. Cayetano 
~~ 
1 
AN ACT 
ESTABLISHING THE TUBBATAHA REEF NATIONAL MARINE PARK IN THE 
PROVINCE OF PALAWAN AS PROTECTED AREA, PROVIDING FOR ITS 
MANAGEMENT AND FOR OTHER PURPOSES 
Be rt enacted by the Senate and House ofRepresentatives of the Phdrppines m Congress assembled 
ARTICLE I 
TITLE, POLICIES AND OBJECTIVES 
SECTION 1. Short Title. - 
This Act shall be known and referred to as the “Tubbataha 
Reef National Marine Park Act of 2005”. 
SECTION 2. Declaration of Policy. - 
It shall be the declared policy of the State to 
ensure the protection and conservation of the globally significant economic, biological, socio- 
cultural, educational, and scientific values of the Tubbataha Reefs into perpetuity for the 
enjoyment of present and future generations. These shall be pursued through sustainable and 
participatory management, taking into consideration ’all applicable laws and international 
conventions to which the Philippines is a signatory. 
SECTION 3. Dejinition of Terms. -For 
purposes of this Act, the following terms shall 
be defined as follows: 
1. 
“BFAR” shall refer to the Bureau of Fisheries and Aquatic Resource of the 
Department of Agriculture. 
2. 
”Bioprospecting” shall refer to research, collection and utilization of biological 
and genetic resources for purposes of applying the knowledge derived there from solely for 
commercial purposes. 
3. 
“Commercial fisherslfisherfolk” shall refer to persons who catch fish and other 
fishery products using fishing vessels of more than three (3) gross tons. 
However, the Executive Committee, as provided herein, may meet on a more regular 
\ 
basis to discuss regular day-to-day affairs and other matters delegated by the TMB. 
4. 
“Coral” shall refer to all bottom dwelling animals under the phylum Cnidaria, 
which are a major part of the reef community. The definition includes four types of corals, (1) 
those that produce a hard skeleton out of calcium carbonate such as all scleractinian corals, the 


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hydrozoan corals (firecorals), and the blue and red corals under the genera Heliopora and 
Tubipora; (2) the antipatharian or black corals with a rigid, chitinous skeleton; (3) the 
gorgomans with a horny and/or Calcareous axis; and (4) the soft bodied anthozoans such as sea 
anemones, and the soft corals under the systematical group of Alcyonaria or Octocorallia. 
5. 
“DA” shall refer to the Department of Agriculture. 
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6. 
7. 
8. 
“DENR shall refer to the Department of Natural Resources. 
“DOJ” shall refer to the Department of Justice. 
“Electro-fishing” shall refer to the use of electricity generated by batteries, 
electric generator and other source of electric power to kill, stupefy, disable or render 
unconscious aquatic organisms, whether of not the same are subsequently recovered. 
9. 
“Exotic species” shall refer to species or subspecies that do not nakally occur 
within the biogeographic region of the TRNMP at present or in historical time. 
10. 
“Explosives” shall refer to dynamite, other explosives or other chemical 
compounds that contain combustible elements or ingredients which upon ignition by friction, 
concussion, percussion or detonation of all or parts of the compound will kill, stupefy, or disable 
or render unconscious any species. It also refers to the any other substance and/or device, 
including blasting caps or any other component or part of explosive devices, which causes an 
explosion that is capable of producing the said harmful effects on any resources and capable of 
damaging and altering the natural habitat. 
11. 
“Gear” shall refer to any instrument or device and its accessories utilized in 
taking, catching, gathering, killing, hunting, destroying, disturbing, removing or possessing 
resources within the TRNMP. 
12. 
“Kayakas” shall refer to the fishing method known as the local version of the 
muro-ami but smaller in size, using bamboo or trnnk trees as scaring devices aside from coconut 
or other leaves or materials to drive the fishes and other marine resources out of the coral reefs 
while at the same time pounding the corals. 
13. 
“Litter or Littering” shall refer to the disposal of small amount of non 
biodegradable solid waste materials, such as cigarette butts, candy wrappers, plastic bags, 
bottles, glasses, in the TRNMP which may cause or contribute to the deterioration of the 
resources or habitats in the TRNMP. 
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14. 
“Municipal fishersifisherfolk” shall refer to persons ‘who catch fish and other 
fishery products using fishing vessels of three (3) gross tons or less, or whose fishing does not 
require the use of fishing vessels. 
15. 
“Muro-ami” shall refer to the method used in reef fishing consisting of a movable 
bagnet, detachable wings and scarelines having plastic strips and/iron/steel/stone weights, 
effecting fish capture by spreading the net in an arc around reefs or shoals and; with the use of 


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the scarelines, a cordon of people drive the fish towards the waiting net while pdunding the 
corals by means of heavy weights like iron/steel/stone or rock making it destructive to corals. 
16. 
“Non-Government Organization (NGO)” shall refer to any civic, developmental, 
environmental or philanthropic non-stock, non-profit organization, duly registered, having by-. 
laws, democratically-elected representatives, with qualifications, expertise and objectivity in 
activities concerning community organizing and development, or resource and environmental. 
conservation, management and protection related to the protected area. 
17. 
“Non-renewable Resources” shall refer to those resources found within the 
TRNMP, the natural replenishment rate of which is not known. 
18. 
“Noxious or Poisonous Substances” shall refer to any substance, plant extracts or 
juice thereof, sodium cyanide andor cyanide compounds or other chemicals either in raw or 
processed form, harmful or harmless to human beings, which will kill, stupefy, disable or render 
unconscious any marine organism and capable and altering the natural habitat. 
19. 
“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 destructivc human exploitation. 
20. 
“PAMB” shall refer to the Protected Area Management Board as provided for in 
Republic Act 7586, otherwise known as the National Integrated Protected Areas System Act. 
21. 
“PCSD’ shall refer to. the Palawan Council for Sustainable Deyelopment as 
created under Republic Act 7611, otherwise known as the Strategic Environrndptal Plan for 
Palawan Act. 
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22. 
“People’s Organization (PO)” shall refer to a group of people whidh may be an 
association, cooperative, federation, aggrupation of individuals or groups with 4 
identifiable 
structure of decision-making and accountability, established to undertake collec&e action to 
address community concerns and needs in relation to the protected area. 
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23. 
24. 
“PM’ shall refer to the Park Manager of the TRNMP. 
“Protected species” shall refer to any plant or animal declared prdtected under 
Philippine laws, rules and regulations. These shall include all species listed under thk Convention 
of International Trade of Endangered Species (CITES) and all its Annexes, the B o 4  Convention 
on Migratory Animals, those specified under the red-list categories of the /International 
Conservation of Nature (IUCN), or any plant or animal which the TMB or and government 
i 
agency may deem necessary for conservation and preservation in the TRNMP. 
25. 
“Purse Seine” shall refer to the gear characterized by encircling’net 
at the bottom passing through rings attached to the net, which can be drawn o 
general, the net is set from a boat or boats around the school of aquatic resources. 7 
laving a line 
pursued. In 
he bottom of 


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the net is pulled closed with the purse line. The net is then pulled aboard the boat or boats until 
the resources are concentrated in the bunt or bag. 
26. 
“Resources” shall refer to all natural endowments, whether aquatic or terrestrial, 
living or non-living, found in TRNMP. 
27. 
“Stakeholders” shall refer to any individuals, communities, agencies, institutions, 
organizations, aggrupations of specific interests or sectors whioh have particular interest in the 
achievement of the objectives of this Act, and/or enjoyment or utilization in any form of the 
resources within the TRNMP. 
28. 
29. 
“TMO” shall refer to the Tubbataha Management Office. 
“Trawl” shall refer to the gear consisting of a bag-shaped net which is dragged or 
towed along the bottom or through the water column to take aquatic resources by straining them 
from the water, including all variations and modifications of trawls in bottom, mid-water, baby 
trawls and tow nets. 
30. 
3 1, 
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“TMB’ shall refer to the Tubbataha Management Board. 
“TRNMP” shall refer to the Tubbataha Reef National Marine Park. 
“Vessel” includes every description of watercraft, including non-displacement 
crafts and seaplanes, used or capable o being used as a means of transportation on water. It shall 
include everything found therein, except personal effects. 
33. 
“Waste” shall refer to discarded items of solid, liquid, contained gaseous or semi- 
solid from, and from whatever source, which may cause or contribute to the deterioration of the 
resources or habitats in the TRNMP. 
SECTION 4. Declaration of Scope. - The Tubbataha Reef National Marine Park 
(TRNMP), which shall cover an approximate area of 87,654,967 hectares and.v!hich 
shall 
include the Tubbataha Reefs and Jessie BeazIey Reef in the Province of Palawan is hereby 
declared as a protected area. Its boundaries shall be as follows: 
From 
to 
to 
to 
to 
to 
Pt. 1 119’46’10” latitude 9’04’52” longitude 
Pt. 2 119’48’22” latitude 9‘06’05” longitude 
Pt. 3 120’03’12” latitude 8‘58’09” longitude 
Pt. 4 120’03’30” latitude 8’53’29” longitude’ 
Pt. 5 119’50’41’’ latitude 8’41’33” longitude 
Pt. 6 119’45’46” latitude 8’43’09” longitude 
, 
ARTICLE I1 
MANAGEMENT, MANAGEMENT PLAN AND ZONING 
SECTION 5. Management ofthe TmMP. --.The management and administration of 
the TRNMP shall be vested with the Tubbataha Management Board (TMB), as herein provided. 
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Management of zones to be established within the TRNMP shall be consultative ancl 
participatory. 
SECTION 6. Zoning. - 
Zones shall be established within the TRNMP giving primary 
consideration to the preservation and conservation of all life forms, in accordance with 
applicable laws, rules and regulations. Zoning shall also take into consideration the efficient 
protection of habitats, fragile ecosystems and unique areas. 
The establishment and management of zones shall involve the concerned stakeholders by 
undertaking such steps as dialogue, and community and resource-use mapping. 
The metes and bounds of each zone shall be indicated on maps andlor nautical charts. 
SECTION 7. Management Plan. - 
Within one (1) year from the effectivity of this 
Act, there shall be a Management Plan to be prepared by the TMO in coordination with the local 
community and various stakeholders, the PCSD, the Municipal Government of Cagayancillo, the 
Provincial Government of Palawan, and with assistance from the DENR and the BFAR. The 
Management Plan shall contain, among others: 
a. 
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C. 
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g. 
h. 
a period of applicability for twenty-five (25) years subject to periodic review 
every five (5) years; 
goals and objectives of management in support of Section 2 hereoc 
key management issues, such as, but not limiteq to, issuance, screening and 
approval of all development and resource-use actidties within the 
TRNMP; adequate protection and restoration of ddangered species and fragile 
ecosystems; 
site management strategy including, but not limited to, establishment of 
clear 
and simplified guidelines on the activities that can be allowed within the zones, 
including the buffer zones; 
major management activities, such as, but not limited to, enforcement of laws, 
habitats and wildlife management, sustainable use management, infrastructure 
development and maintenance, fire prevention, pest and disease control, and 
disaster management; 
zoning in accordance with Section 6 hereof; 
mechanism for the protection, regulation and prohibition of those within the 
TRNMP, in accordance with their rights; 
mechanisms to ensure consultative and participatory decision-making processes. 
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The Management Plan shall be consistent with the nature of the TRNMP as a protected 
area. It shall be reviewed and approved by the TMB, and submitted to the PCSD and the DENR. 
SECTION 8. Succe.ssor Plan. - 
Before the expiration of the initial Management Plan, 
there shall be a successor plan to be prepared by the TMO in the same manner as the procedure 


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and principles herein set forth. Two years before the expiration of the Management Plan, the PM 
shall cause the publication of notices for comments and suggestions on the successor plan using 
all available media, but at least in a newspaper of local circulation, and the posting of such 
notices in the provincial, municipal and barangay halls and in three (3) other conspicuous areas 
frequented b y the public. The successor plan to the Management Plan shall be made available to 
the public for perusal at the office and sub-offices of the PM and the PCSD. 
ARTICLE 111 
INSTITUTIONAL MECHANISMS, ROLES AND FUNCTIONS 
SECTION 9. 
Creation and Composition of the Tubbataha Management Board 
(TMB). - 
There shall be a TMB which shall be the sole policy-making and permit-granting 
body of the TRNMP. It shall be composed of: 
a. 
b. 
c. 
The Provincial Environment and Natural Resources Officer (PENRO) of 
A representative of the PCSD as Chair; 
The governor of the Province of Palawan as Co-Chair; 
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Palawan; 
The Environment and Natural Resources Officer of the Province of Palawan; 
The Mayor of the Municipality of Cagayancillo; 
d. 
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The Chair of the Environment and Natural Resources Committee of the 
Sangguniang Bayan of Cagayancillo; 
The Commander of the Western Command (WESCOM); 
The Commander of the Naval Forces West (NAVFORWEST); 
The District Commander of the Philippine Coast Guard - 
District of Palawan; 
A representative of the Department of Tourism; 
The provincial officer of the DA-BFAR in Palawan; 
A representative from the academe; 
At least three (3),representatives from NGO’s involved in the conservation and 
management of the TRNMP, to be chosen from among themselves; 
At least two (2) representatives from people’s organizations (PO) based in the 
Municipality of Cagayancillo, Palawan, and concerned with the conservation and 
management of the TRNMP, to be chosen from among themselves; 
g. 
h. 
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Except for government officials who shall serve ex-officio, every TMB member shall 
serve for a term of two (2) years: Provided, That, he/she remains connected with the sector 
he/she represents. Whenever a vacancy occurs during the term of a member who does not 
represent the government, a new member shall be chosen in the same manner as the original 
process to serve the remaining term of hisiher predecessor. 


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The TMB en bunc shall hold regular meetings at least once every quarter. However, the 
Executive Committee, as provided herein, may meet on amore regular basis to discuss regular 
day-to-day affairs and other matters delegated by the TMB. 
SECTION 10. Executive and Other Committee ofthe TMB. - There shall be an 
Executive Committee (EXECOM) to be headed by the TMB Chairperson, to which the TMB 
may delegate some of its powers and functions. Its members shall be chosen by the TMB from 
among themselves. 
The TMB may create other committees as it may deem necessary. 
SECTION 11. Incentives of TMB Members. - 
In addition to actual and necessary 
traveling and subsistence expenses incurred in the performance of their duties, TMB members 
may be granted honoraria and insurance coverage in attending TMB or other TMB committee 
meetings, These expenses may be included in the budget for the TRNMP. 
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SECTION 12. RuZes of Procedures. - The TMB shall determine by appropriate 
resolution its procedural rules, which shall include discipline and removal of its officers and 
members. 
SECTION 13. Powers and Functions ofthe TMB. - The TMB shall have the 
following powers and functions: 
a. 
Decide matters relating to planning, resource use and protection, general 
administration of the area in accordance with the Management Plan; 
Approve budget allocations, proposals, work plans, action plans, guidelines for 
management of the TRNMP in accordance with the Management Plan and its 
policies; 
b. 
c. 
Coordinate with national and local agencies, local government units, local 
communities, the academe, non-governmental organizations, and such other 
institutions to ensure the conservation and management of the TRNMP; 
Delineate the boundaries of the TRNMP; 
Promulgate rules and regulations to promote development programs and projects 
on biodiversity conservation and sustainable development within the TR-M.P and 
consistent with the Management Plan; 
Ensure the implementation and enforcement of laws, rules and regulations, 
policies, programs and projects within the TRNMP; 
Control and regulate construction, operation and maintenance of structure and 
utilities within the TRNMP; 
Monitor and evaluate the performance of the TMO and all those implementing 
activities and projects in TRNMP; 
d. 
e. 
f. 
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1. 
Appoint the TRNMP Park Manager, and upon recommendation of the PM, 
appoint TRNMP management personnel based on internal selection criteria; 
Generate funds and accept donations, grants, and exercise accountability over 
all funds that may accrue to the TRNMP; 
Manage the TRNMP Fund, as herein provided; 
Exact fines and fees for violations of this Act, guidelines, rules and regulations 
within the TRNMP; 
Deputize individuals for the enforcement of laws, rules and regulation~governing 
conduct within the TRNMP, and prescribe the necessary qualifications therefore; 
Designate collecting officers for hnds generated by the TFGVMP, and formulate 
procedure for the disbursement thereof in accordance with sound accounting and 
auditing standards; 
Retain legal counsel to defend cases against the TMB and the Office of the PM 
whenever they are sued in connection with the performance of their duties under 
this Act, guidelines, and rules and regulations pertaining to the TRNMP; 
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, Provide adequate measures to ensure consultation and participation of 
stakeholders; 
Perform such other functions necessary for the fulfillment of the provision of this 
Act and other applicable laws, rules and regulations, and as may be asked by the 
q. 
PCSD. 
SECTION 14. Tubbataha Management Of$ce (TMO). - 
There shall be a TMO to be 
headed by the TRNMP Park Manager (PM) who shall serve as the Chief Operating Officer of the 
entire TRNMP. The Pp and hisher staff shall hold office in a place to be designated by the 
TMB: Provided, That, the TMB may authorize the establishment of sub-offices for purposes of 
convenience, safety, accessibility, economy, and such other justifiable reasons: Provided, 
Further, That, at least sub-office shall be established within the TRNMP. 
The PM shall have fill responsibility for the protection of resources within the TRNMP. 
As such, helshe shall have the following duties and responsibilities in addition to those provided 
under existing laws and regulations: 
a. 
b. 
Prepare the Management Plan and its successor plans as herein provided; 
Serve as Secretary to the TMB with the duty to provide the TMB with all the 
information necessary to make appropriate decisions for the implementation of 
this Act; 
c. 
Hire non-management personnel of the TRNMP, and recommend m k, agement 
personnel to the TMB; 
Supervise TRNMP personnel in the performance of their duties and functions; 
d. 


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e. 
f. 
g. 
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Establish productive partnership with national and local agencies, local 
government units, local communities, the academe, non-governmental 
organizations, and such other institutions to ensure the conservation and 
management of the TRNMP; 
Develop and implement park information, interpretation, education and other 
visitor programs; 
Enforce the laws, rules and regulations and TMB resolutions relevant to the 
TRNMP, and assist in the prosecution of offenses; 
Monitor all activities within the TRNMP in conformity with the Management 
Plan; 
Ensure that consultative and participatory mechanisms are maximized in 
decision-making; 
Perform such other functions as the TMB may assign. 
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SECTION 15. Components of the TMO. - 
The PM, with the approval of the TMB, 
shall ensure efficient and effective implementation of this Act through various components or 
divisions that may be deemed necessary: Provided, That, the PM and the TMB shall ensure that 
there are components in the TMO that shall ensure visitor management; research and planning; 
information, education and communication; law enforcement and security; and, community 
development. 
SECTION 16. Rule of Local Government Units. - 
Local governments of Palawan 
and Cagayancillo shall participate in the, management of the TRNMP through their 
representation in the TMB. The provisions of this Act shall be incorporated into the municipal 
and provincial development plans of Cagayancillo and Palawan, respectively, and the Regional 
Development Plan of Region lV as part of the environmental concerns of the province and the 
region. 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. 
SECTION 17. Supervision by the PCSD. - 
The PCSD shall exercise supervision over 
the TMB. In this regard, the PCSD shall: 
a. 
b. 
c. 
Appoint one of its members who shall sit as Chairperson of the TMB; 
Include in the budget for the TRNMP in its annual budget; 
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Assist in accessing and generating hnds, donations, property, revenues and 
similar income for TRNMP. 
SECTION 18. Role of the DENR. - 
The DENR shall coordinate closely with the 
PCSD to ensure the sound management and conservation of the TRNMP, provide technical and 
financial assistance to the TRNMP as may be needed, and be represented in the TMB by the 
Provincial Environment and Natural Resources (PENRO). 


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SECTION 19. Fiscal Matters. - 
The TRNMP shall enjoy fiscal autonomy, 
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It shall 
have the sole power to decide on the use of its funds from whatever sowce: Provided, That, the 
Municipality of Cagayancillo, Palawan shall have a share of at least ten percent (10%) of the 
user’s fees paid to TRNMP. 
The TRNMP shall not be required to contribute to the Integrated Protected Area Fund 
(IPAF) provided under Republic Act No. 7586. 
SECTION 20. The TRNMP Fund. - 
There is hereby created a TRNMP Fund which 
shall consist of all the fees, penalties, donations, grants, endowments, revenues and any other 
income pertaining to the TRNMP. The fund shall be for the purpose of financing projects and 
activities iii the TRNMP to attain the objectives of this Act. 
All proceeds and revenues pertaining to the TRNMP shall be exempt from whatever tax, 
charges or fees: Provided, That, the TMB shall apportion the revenues in accordance with the 
provisions of Section 19 of this Act. 
ARTICLE IV 
UTILIZATION OF RESOURCES 
SECTION 21. Who May Utilize TRNMP and its Resources. - 
No person or entity 
shall enter, enjoy or utilize any portion of the TRNMP and the resources therein for whatever 
purpose without prior permission from the TMB or the PM as herein provided. Extractive 
activities shall only be allowed exclusively for research and academic purposes as may be 
permitted by the TMB, and subject to applicable laws, rules and regulations: Provided, However, 
That, bonafide residents of Cagayancillo or their organizations may be allowed by the TMB to 
conduct fishery operations in designated zones within the channel between the Jessie Beazly 
Reef and the Tubbataha Reef as shall be indicated in the Management Plan: Provided Further, 
That, any activities within the TRNMP shall only be allowed in appropriate zones as indicated in 
the Management Plan. 
SECTION 22. Modes of Utilization. - 
The TMB shall determine, based n existing 
scientific evidence, laws, rules and regulations, international instruments, traditional resource 
utilization, management modalities in the area, carrying capacity, and observing precautionary 
principle, the modes of utilization of the TRNMP and all the resources found therein. Permits 
shall only be issued for such modes of utilization and enjoyment as the TMB and this Act shall 
allow. 
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SECTION 23. 
Utilization Permits and Users’,Fees. - The TMB shall have the 
exclusive authority to issue permits and conditions thereto, and determine and collect fees, for 
the utilization and enjoyment of the TRNMP and the resources therein: Provided, That, the TMB 
may delegate the PM the authority to issue permits, and collect fees, for temporary access to the 
TRNMP, such as, passage and visiting,or diving, subject to the limits as may be determined by 
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the TMB: Provided, However, That, entry into the TRNMP for emergency reasons shall not be 
subject to permit and users’ fees. 
SECTION 24. 
Energy and Non-Renewable Resources. - Any exploration, 
exploitation or utilization of non-renewable resources, such as minerals and oil, within the 
TRNMP shall not he allowed only through an act of Congress except energy from wind and sun 
sources. 
ARTICLE V 
PROHIBITED ACTS AND PENALTIES 
Unauthorized Enty, Enjoyment or Use. - Except in emergency 
situations, it shall be unlawful to enter TRNMP without prior permission from the TMB or the 
PM as herein provided. It shall also be unlawful to enter, enjoy or use for any purpose any 
management zone beyond which the activity being undertaken is permitted. This rule shall 
similarly apply to the use of vehicles, vessels, gears and equipment in management zones where 
such are not allowed. 
SECTION 25. 
Violation of this Section shall subject the responsible person or entity to an 
administrative fine of from One Thousand Pesos (P1,OOO.OO) to Thirty Thousand Pesos 
(P30,000.00), as may be determined by the TMB. 
SECTION 26. Non-payment of Users’ Fees. - 
It shall be unlawful for any person or 
entity to enjoy or utilize the TRNMP and the resources therein without payment of users’ fees as 
may be imposed by the TMB. 
Violation of this Section shall be penalized with an administrative fine of double the 
amount set by the TMB for the activity undertaken. 
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SECTION 27. Unauthorized Anchorage. - 
Except in emergency situations, it shall be 
unlawful for any person or entity to anchor outside the designated areas determined by the TMB. 
Violation of this Section shall be penalized with an administrative fine of not less than 
Two Thousand Pesos (P2,OOO.OO) and not more than Five Thousand Pesos (P5,OOO.OO). 
SECTION 28. Dumping of Waste and Littering. - 
It shall be unlawful for any person 
or entity to dump waste inside the TRNMP. It shall likewise be unlawful to clean and change oil 
of vessels within the TRNMP. 
Violation of this provision shall be punished with imprisonment of six (6) months to one 
(1) year, and fine of not less than Five Thousand Pesos (P5,OOO.OO) and not more than Fifteen 
Thousand Pesos (P 15,000.00). The TMB shall impose an administrative fine of not less than 
Ten Thousand Pesos (Pl0,OOO.OO) and not more than Thirty Thousand Pesos (P30,000.00), and 
order the violator to clean up the waste or pay the Clean-up thereof. 
It shall likewise be unlawful to litter within the TRNMP. 
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Violation of this provision shall be punished by the TMB with administrative fine of 
from Three Thousand Pesos (P3,OOO.OO) to Five Thousand Pesos (p5,OOO.OO). 
SECTION 29. 
Dumping of Waste Permit. - It shall be unlawful to conduct 
bioprospecting within the TRNMP without prior permit from the TMB. 
Violation of this Section shall be punished with imprisonment of six (6) months to six (6) 
years; fine of Two Hundred Thousand Pesos (P200,OOO.OO) to One Million Pesos (P 
1,000,000.00); and forfeiture of the resources subject of the offense, equipment, gears and 
vessels. The TMB shall also impose administrative fine ranging from Two Hundred Thousand 
Pesos (P200,OOO.OO) to One Million Pesos (Pl,OOO,OOO.OO); and forfeiture of the resources 
subject of the offense, equipment, gears and vessels. 
SECTION 30. Introduction of Exotic Species. - 
It shall be unlawful to introduce 
exotic species of plants or animals into the TRNMP. 
Violation of this Section shall be punished with imprisonment of six (6) months to six (6) 
years; fine of One Hundred Thousand Pesos (P 100,000.00) to One Million Pesos (P 
1,000,000.00); and forfeiture of the resources subject of the offense, equipment, gears and 
vessels, The TMB shall also impose administrative fine ranging from Two Hundred Thousand 
Pesos (P200~000.00) to One Million Pesos (Pl,OOO,OOO.OO); and forfeiture of the resources 
subject of the offense, equipment, gears and vessels. 
SECTION 31. 
Hunting, catching, fishing, killing, taking, gathering, bemoving, 
destroying, disturbing, or possessing resources. - 
Except in cases of emergency and safety, it 
shall be unlawful for any person to actnally or attempt to'hunt, catch, fish, kill, take, gather, 
remove, destroy, disturb, or possess any resource, whether living or non-living, or products 
derived therefrom, without a permit from the TMB and such other pennits as may be required by 
law, rules and regulations. The unauthorized entry of a vessel in the TRNMP shall beprimafacie 
evidence of violation of this Section. 
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Violation of this Section shall be punished as follows: 
(1) Where the offender uses explosives, noxious or poisonous substances, or electricity, 
the penalty shall be imprisonment ranging from five (5) years to ten (10) years without prejudice 
to the filing of separate criminal cases when the use of the same result to physical injury or loss 
of human life; fine ranging from Thirty Thousand Pesos (P30,OOO.OO) to One Hundred Thousand 
Pesos (P 100,000.00); forfeiture of the resources subject of the offense, equipment, gears and 
vessels. The TMB shall also impose an administrative fine ranging fiom Forty Thousand Pesos 
(P40,OOO.OO) to One Hundred Fifty Thousand Pesos (P 150,000.00); forfeiture of the resources 
subject of the offense, equipment, gears and vessels. 
The discovery of dynamite, other explosives and chemical compounds which contain 
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fishing in any vessel or in the possession of any person within the TRNMP shall constitute prima 
facie evidence that the same was used in violation of this Act. The discovery in my vessel or in 
the possession of any person within the TRNMP of resources caught, taken, killed, removed, 
gathered or, destroyed with the use of explosives, noxious or poisonous substances or by 
electricity shall constitute prima facie evidence of violation of this Act. 
(2) Where the offender merely possesses explosives, noxious or poisonous substances, or 
electro-fishing devices within the TRNMP, the punishment shall be imprisonment ranging from 
six (6) months to two (2) years; fine ranging from Ten Thousand Pesos (P 10,000.00) 
to Fifteen 
Thousand Pesos (P15,OOO.OO); forfeiture of fish catch, fishing equipment and vessels. The TMB, 
shall also impose an administrative fine ranging from Ten Thousand Pesos (P 10,000.00) to 
Twenty-Five Thousand Pesos (P25,OOO.OO); and confiscation and forfeiture of the resources 
subject of the offense, equipment, gears and vessels. 
(3) Where the offender takes, removes, fishes, gathers, kills, destroys, or possesses 
corals, except for 'scientific or research purposes authorized by the TMB, the penalty shall be 
imprisonment ranging from three (3) years to six (6) years; fine ranging from Twenty( Thousand 
Pesos (P20,OOO.OO) to Eighty Thousand Pesos (P80,OOO.OO); forfeiture of the corals, equipment, 
gears and vessels. The TMB shall also impose administrative fine ranging from Thirty Thousand 
Pesos (P30,OOO.OO) to One Hundred Thousand Pesos (PlOO,OOO.OO); and confiscation and 
forfeiture of corals subject of the offense, equipment, gears and vessels. 
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(4) Where the offender is engaged in fishing without pemiit from the TMB or the PM as 
herein provided, the operator, owner and three (3) highest officers of a commercial fishing boat 
or enterprise engaged therein shall be punished by a fine equivalent to the value of catch or Fifty 
Thousand Pesos (P50,000.00), whichever is higher; imprisonment of two (2) years; confiscation 
of catch and fishing gears, equipment and vessels; and automatic revocation of license. 
When the offender is a municipal fisher, he/she shall be punished by a fine equivalent to 
the value of catch or Five Thousand Pesos (P5,000.00), whichever is higher; imprisonment of 
three (3) months; and confiscation of catch. 
In any case, the TMB may impose administrative fine of no more than Fifty Thousand 
Pesos (P5,OOO.OO) against erring commercial fishers, and no more than Ten Thousand Pesos (P 
10,000.00) against erring municipal fishers; and confiscation of catch, fishing gears, equipment 
and vessels. 
(5) Where the offender uses a fly fishing gear or method that destroys coral reefs, sea 
grass beds, or other marine life habitats as may be determined by this Act, the TMB, other laws, 
the DA, or the DENR, the operator, boat captain, master fisherman, recruiter or organizer of fish 
workers involved shall suffer a penalty of three (3) years to ten (10) years imprisonment; fine of 
not less than One Hundred Thousand Pesos (P 100,000.00) to Five Hundred Thousand Pesos 
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and vessels. 
(P500,OOO.OO); forfeiture of catch, fishing equipment, gears and vessels. The TMB shall also 
impose administrative fine ranging from Four Hundred Thousand Pesos (P400,OOO.OO) to One 
Million Pesos (P1,000,000.00); and confiscation and forfeiture of catch, fishing equipment, gears 
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When the offender is a municipal fisher, heishe shall be punished by a fine ranging from 
Twenty Thousand Pesos (P20,OOO.OO) to Forty Thousand Pesos (P40,OOO.OO); imprisonment of 
six (6) months to two (2) years; and forfeiture of fish catch, fishing equipment, gears and vessels. 
The TMB shall also impose administrative fine ranging from Twenty Thousand Pesos 
(P20,OOO.OO) to One Hundred Thousand Pesos (PlO0,OOO.OO); and confiscation and forfeiture of 
catch, fishing equipment, gears and vessels. 
Muro-Ami, pa-aling, all kinds of trawls (galadgad, Noway), purse seine (pangdong), 
Danish seine (hulbot-hulbot, pahulbot-hulbot, likisan, liba-liba, palisot, patangko, bira-bira, 
buli-buli, hulahoop, zipper, lampornas, etc.) ring net (kubkob, panguloing, kalansisi), drive-in 
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saklit), or any of their variations, are hereby declared destructive fishing methods or gears under 
this provision. 
(6) Where the offender gathers or removes pebbles, stones, rocks; sand or other materials 
that form part of the habitat, or otherwise engages in the quarrying o r dredging of any portion of 
the TRNMP, the penalty shall be six (6) months to ten (IO) years imprisonment; fine of not less 
than Ten Thousand Pesos (Pl0,OOO.OO) to Fifty Thousand Pesos (P50,OOO.OO); and forfeiture of 
the substance taken from the habitat, and the equipment and vessels used to commit such 
violatiofl. The TMB shall also impose administrative fine ranging from Thirty Thousand Pesos 
(P30,OOO.OO) to Seven Hundred Thousand Pesos (P700,OOO.OO); and confiscation and forfeiture 
of the substance taken, and equipment and vessels used in the commission of the violation. 
(7) 
Where the subject of the offense are protected species as defined in this Act, the 
penalty shall he imprisonment of twelve, (12) years to twenty (20) years; fine of One Hundred 
Twenty Thousand Pesos (P 120,000.00) to One Million Pesos (Pl,OOO,OOO.OO) for every 
threatened or endangered organism subject of the offense; forfeiture of the catch, equipment, 
gears and vessels; and cancellation of fishing permit. The TMB shall also impose administrative 
fine ranging from One Hundred Fifty Thousand Pesos (P150,OOO.OO)~to One Million Pesos 
(P1,OOO,OO0.00) for every threatened or endangered organism subject of the offense; and 
confiscation and forfeiture of catch, equipment, gears and vessels. 
(8) 
Where the violations of this Section are not covered by the preceding paragraphs, 
the penalty shall be imprisonment of one (1) year to three (3) years; fine of not less than Ten 
Thousand Pesos (P lO,OOO.OO); forfeiture of the catch, equipment, gears and vessels; and 
cancellation of permit that makes it possible for the offender to commit the offense. The TMB 


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shall also impose administrative fine ranging from Fifteen Thousand Pesos (P15,OOO.OO) to One 
Million Pesos (P 1,000,000.00); and confiscation and forfeiture of catch, equipment, gears and 
vessels. 
SECTION 32. Poaching by Foreigners. - 
It shall be unlawful for any foreign person, 
corporation or entity to fish or operate any fishing vessel in the TRNMP. The entry of any 
foreign vessel in the TRNMP shall constitute prima facie evidence that the vessel is engaged in 
fishing in the area. 
Violation of the above shall be punished by imprisonment of six (6) years andbne day to 
twelve (12) years and a fine of One Hundred Thousand U.S. Dollars (US$lOO,OOO.OO), in 
addition to the forfeiture of its catch, fishing equipment and fishing vessel: Provided, That in 
case of non-payment of fine a subsidiary imprisonment shall be imposed; Provided, further, that 
the TMB is empowered to impose an administrative fine of not less than Fifty Thousand U.S. 
Dollars (US$50,000.00), but not more than Two Hundred Thousand U.S. Dollars 
(US$200,000.00) or its equivalent in Philippine Currency, in addition to the confiscation and 
forfeiture of the fish catch, fishing equipment and fishing vessel. 
SECTION 33. Violation of Environmental Impact Assessment System. - 
The TMB 
shall prosecute violations of laws and rules on Environmental Impact Assessment System. Such 
violations shall be punished by imprisonment of three (3) years to five (5) years; fine of One 
Hundred Thousand Pesos (P 100,000.00) for every day each violation subsists; rehabilitation of 
the affected area or the amount equivalent thereto; and forfeiture of the vessels, structures, 
effects, materials and equipment used, and the products of such violation. If the offender is a 
corporation, the directors and officers who allowed such violation shall suffer the imprisonment. 
The TMB shall also impose administrative fine of One Hundred Thousand Pesos (PlOO,OOO.O0) 
for every day each violation subsists; rehabilitation of the affected area or the amount equivalent 
thereto; and confiscation and forfeiture of the vessels, structures, effects, materials and 
equipment used, and the products of such violation. 
SECTION 34. Violation of Standards. -The 
owner, operator and top three (3) officers 
of any vessel violating the standards set by the TMB, such as safety and sanitary standards, shall 
suffer administrative penalty of fine ranging from Twenty Thousand Pesos (P20,OOO.OO) to Fifty 
Thousand Pesos (P50,OOO.OO) for every day each violation subsists, and from suspension of three 
(3) months to cancellation of permit to operate in 
TRNMP. 
SECTION 35. Obstruction to Law Enforcement Ofjcer - 
The boat owner, master, 
operator, officer, or any person acting on hisker behalf, of any vessel who evades, o !J structs or 
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Twenty Thousand Pesos (P20,OOO.OO). In addition, the registration, permit andor license of the 
vessel including the license of the officers thereof shall he cancelled. 
SECTION 36. Subsidiary Imprisonment. - 
Non-payment of judicial fines imposed 
under this Act shall be subject to subsidiary imprisonment as provided for by existing jaws. 
SECTION 31. Promulgation of Rules and Regulations. - 
The TMB may issue rules 
and regulations, including the imposition of penalties, in pursuit of the conservation, 
presemation, management and sustainable development of the TRNMP. 
SECTION 38. Fines and Forfeitures. - 
All criminal fines and forfeitures that may be 
imposed by the courts, and the administrative fines and forfeitures imposed by the TMB under 
this Act, and the rules and regulations that may be promulgated in pursuit of’the goals and 
objectives oft his Act shall be given to the TMB and shall form part of the funds and assets of the 
TRNMP. 
ARTICLE VI 
LAW ENFORCEMENT AND PROSECUTION 
SECTION 39. Who Shall Enforce this Act, Other Laws, Rules and Regulations 
Within TRAMP. - 
The Armed Forces of the Philippines, the Philippine National Police, the 
Philippine Coast Guard, the law enforcement officers o f  the DENR and DA-BFAR, PCSD 
officials and staff; LGU officials, law enforcement officers of LGUs, members and officers of 
the TMB, the PM and hisiher staff, and other government enforcement agencies, are hereby 
authorized to enforce this Act, other laws, rules and regulations within the TRNMP. 
The TMB may deputize.in writing other persons to enforce the provisions of this Act, 
other laws, rules and regulations within the TRNMP. 
Any one of the above persons and entities is authorized to file administrative cases 
before the proper agencies and bodies, or initiate criminal proceedings in accordance with the 
Rules of Court, for offenses committed within the TRNMP. 
SECTION 40. Inspection Powers. - 
The PM and law enforcers shall have the power to 
stop, board and search and inspect all vessels within the TRNMP for the purpose of enforcing the 
provisions of this Act, other laws, rules and regulations. 
SECTION 41. Coordination Between TMB and PM, and Law Enforcement Agencies. 
- The TMB and the Pm shall coordinate with law enforcement arms and agendies of the 
government to ensure effective enforcement of the’ provisions of this Act and other applicable 
laws, rules and regulations within the TRNMP. The Armed Forces of the Philippines, the 
Philippine National Police, the PNP Maritime Command, Philippine Coast Guard, the law 
enforcement officers of the DENR, DA-BFAR and concerned LGUs shall cooperate with the 
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SECTION 42. Special Prosecutors and Counsels. - 
The Department of Justice, upon 
recommendation of the TMB, shall designate special prosecutors, either or both from among the 
state and public prosecutors to do preliminary investigation and prosecute violations of this Act, 
other laws, rules and regulations within the TRNMP. Such special prosecutors shall coordinate 
with the TMB and the TMO in the performance of hisker duties and assist in the training of 
wardens and rangers in arrest and criminal procedure. The TMB shall periodically submit an 
evaluation of the performance of the designated special prosecutors to the DOJ. 
The TMB may retain the services of a competent lawyer to prosecute and/or assist in the 
prosecution of cases under the. direct control and supervision of the regular or special prosecutor 
and to defend the members of the TMB, the PM and TMO staff; or person assisting in the 
protection, conservation and sustainable development of the TRNMP, against any legal action 
related to their powers, functions and responsibilities as provided in this Act or as delegated or 
tasked by the TMB. 
SECTION 43. Citizens Suit. - 
For the purposes of enforcing the provisions of this Act 
or its implementing rules and regulations, any citizen may file an appropriate civil, criminal or 
administrative action in the proper courts/bodies against: 
(a) 
Any person who violates or fails to comply with the provisions of this Act or its 
implementing rules and regulations; or 
Those mandated to implement and enforce the provisions of this Act with respect 
to orders, rules and regulations issued inconsistent with this Act; and/or 
Any public officer who willfully or grossly neglects the performance of an act 
especially enjoined as a duty by this Act or its implementing rules and 
regulations; or abuses his authority in the performance of 'his duties under this 
Act or its implementing rules and regulations: Provided, however, That, no suit 
can be filed until after thirty-day (30) notice has been given to the public officer 
and the alleged violator concerned and no appropriate action has qeen taken 
thereon. 
(b) 
(c) 
The Court shall exempt such action from the payment of filing fees and statements 
likewise, upon prima facie showing of the non-enforcement or violation complained of, exempt 
the plaintiff from the filing of an injunction bond for the issuance of preliminary injunction. 
In the event that the citizen should prevail, the Court shall award reasonable attorney's 
fees, moral damages and litigation costs as appropriate. 
SECTION 44. Suits and Strategic Legal Action Against Public Participation (SLAPP) 
and the Enforcement of this Act. -Where 
a' suit is brought against a person who filed an action 
as provided in Section 40 of this Act, or against any person, institution or government agency 
that implements this Act, it shall be the duty of the investigating prosecutor or the Court, as the 
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case may be, to immediately make a determination not exceeding thirty (30) days whether said 
legal action has been filed to harass, vex, exert undue pressure or stifle such legal recourses of 
the person complaining of or enforcing the provisions of this Act. Upon determination thereof, 
evidence warranting the same, the investigating prosecutor or the Court, as the case may be, shall 
dismiss the complaint. In addition, the Court shall award the attorney's fees and double damages. 
This provision shall also apply and benefit public officers who are sued for acts 
committed in their official capacity, there being no grave abuse of authority, and done in the 
course of enforcing this Act. 
ARTICLE vu 
,TRANSITORY PROVISIONS 
SECTION 45. Convening the TMB. -Within 
one (1) month upon effectivity of this 
Act, the Chairpersons shall convene the' ex-officio members of the TMB as provided for in 
Section 9 hereof Within two (2) months thereafter, the TMB shall issue the guidelines for the 
selection and appointment of the representatives from the academe, the NGOs and the POs. Such 
guidelines shall be drawn upon consultation with the sectors from which the representatives shall 
come. Within three (3) months thereafter, the aforecited representatives shall have been selected 
and appointed by the TMB. 
SECTION 46. Continuation ofthe TMO. - 
The present TRNMP TMO shall continue 
to exist and function as such, subject to reorganization in accordance with Section 15 hereof. 
Within three (3) months after the appointment of all its members, the TMB, upon 
recommendation of the TMO, shall finalize a revitalization plan for the TMQ, and the criteria for 
selection of personnel to fill-up the items. Within two (2) months thereafter, a Park Manager 
shall be appointed by the TMB. 
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SECTION 47. 'Continuation of all Other Arrangements. - 
Except when otherwise 
provided by this Act, all arrangements, commitments and agreements pertaining to the 
management, utilization, conservation and protection of the TRNMP made and entered into by 
government agencies, the present TRNMP-PAMB and the present TMO shall continue to subsist 
until validly amended, revised, repealed or renewed. 
SECTION 48. Implementing Rules and Regulations. - 
Within three (3) months upon 
the appointment of all its members, the TMB shall prepare the Implementing Rules and 
Regulations of this Act. 
ARTICLE VI11 
GENERAL PROVISIONS 
SECTION 49. Allocation. - 
For the purpose of this Act, there is hereby appropriated 
the amount of Twenty Million Pesos (P20,000,000.00), yearly for the first five (5) years of 
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without prejudice to the possibility of annual appropriations as may be required and sourced 
from the budget of the PCSD, 'DENR, the Provincial Government, or any other government 
agency. 
The budget of the TRNMP shall be included in the budget of the PCSD starting on the 
general appropriations immediately following the effectivity of this Act. Upon receipt of its 
funds, the PCSD shall release to the TMO the amount pertaining to 
TRNMP . 
SECTION 50. Construction an,d Suppletory Application of Existing Laws. - 
The 
provisions of this Act shall be construed liberally in favor of achieving biodiversity conservation, 
protection and sustainable development. Provisions of Republic Act No. 761 1, otherwise known 
as the Strategic Environmental Plan (SEP) for Palawan Act, Republic Act No. 7586, otherwise 
known as. the National Integrated Protected Areas System Act, and Republic Act No. 8550, 
otherwise known as The Philippine Fisheries Code of 1998, Republic Act No. 9147, otherwise 
known as the Wildlife Resources Conservation Act, and existing foreshy laws, and their 
corresponding rules and regulations not inconsistent hereto shall have the suppletory effect in the 
implementation of this Act. 
SECTION 51. Separubili@ Clause. - 
If any part or section of this Act is declared 
unconstitutional or otherwise invalid, such declaration shall not affect the other parts or section 
hereof. 
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SECTION 52. Repealing Clause. - 
All laws, presidential decrees, executive orders, 
rules and regulations inconsistent with this Act shall be deemed repealed or modified 
accordingly. 
SECTION 53. Effectivity. - 
This Act shall be translated in English and Filipino. It 
shall be published once every week for three consecutive weeks in a newspaper of general 
circulation readily available in the areas in and around the scope specified herein. It shall 
likewise be posted for the same three (3) weeks in the appropriate language in a conspicuous 
place in the provincial, municipal and barangay halls within the area as well as in three other 
places frequented by the public. Fifteen days after publication, this Act shall have full force and 
effect. 
Approved, 
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18 
19 
20 
21 
22 
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26 
21 
28 
29