Republic of the Philippi me QUSE *F REPRESENTATIVES

HOUSE OF REPRESENTA’ _
Constitution Hills RECEIVED
Quezon City pare go 6

TNE 7742 ph
SEVENTEENTHCONGRESS py:
FirstRegularSession
REGISTRATION UNIT
NLLS AND INi Si
17

House Bill No.

~ Introducedby : Rep. Josephine Y. Ramirez Sato

EXPLANATORY NOTE

The Philippines is described as one of the biodiversity hotspot in the world
and belonging to one of the seventeen (17) megadiverse countries. It is host to 70-
80% of the world’s life forms and is believed to harbor more diversity of life than any
other country on earth on a per hectare basis. Unfortunately, the country is losing its
biodiversity at an unprecedented scale. The unmitigated and destructive human
activities have put the country in a biodiversity “crisis” that could take decades to
reverse.

The Article XH, Section 4 of the 1987 Constitution states that, “the Congress
shall, as soon as possible, determine, by law, the specific limits of forest lands and
national parks, marking clearly their boundaries on the ground”.

To this end, Republic Act No. 7586, otherwise known as the “National
Integrated Protected Area System (NIPAS) Act of 1992”, or the NIPAS Act, was
passed establishing a system of protected areas within the classification of national
park as provided for in the Constitution. The system consists of all areas or islands in
the Philippines proclaimed, designated or set aside, pursuant to a law, presidential
decree, presidential proclamation, or executive order as national park, game refuge,
bird and wildlife sanctuary, wilderness area, strict nature reserve, watershed,
mangrove reserve, fish sanctuary, natural and historical landmark, protected and
managed landscape/seascape as well as identified virgin forests before the
effectivity of the NIPAS Act.

‘The NIPAS Act also provides for the integration of additional areas into the
System through a lengthy and careful inclusion procedure. This includes the conduct
of suitability assessments, publication and public hearings, which then leads to the
issuance of a Presidential proclamation and culminates in the final declaration and
classification of the land and by Congress as a national park.

1


Since 1992, 113 have been declared through Presidential proclamations as
protected areas under the NIPAS, However, only thirteen (13) protected areas have
finally proceeded to be legislated as such in more than twenty (20) years since the
NIPAS Act was enacted. It is imperative that the proclaimed protected areas after the
effectivity of the Act are finally declared as such through Congressional fiat as
required by the NIPAS Act pursuant to the directive of the Constitution.

Furthermore, there are many proclaimed Protected Areas in the country
categorized as initial components that are still unproclaimed under NIPAS. These
are also identified as key biodiversity areas in the country that is home to endemic
and critically endangered species of flora and fauna,

In view of the foregoing, the immediate passage of this bill is earnestly
sought.

HON, JOSEPHINE Y. R;
Lone Diftrict of Occis



Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Constitution Hills
Quezon City

SEVENTEENTHCONGRESS
FirstRegularSession

177

House Bill No.__~

Introduced by: Rep. Josephine Y, Ramirez Sato

AN ACT ENSURING THE PRESERVATION AND MANAGEMENT OF
PROTECTED AREAS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO.
7586 OTHERWISE KNOWN AS THE NATIONAL INTEGRATED PROTECTED
AREAS SYSTEM ACT OF 1992

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

SECTION 1, Section 1 of Republic Act No. 7586 is hereby amended to read as
follows:
“SECTION 1.Title. - This Act shall be known and referred to as
the “Expanded Nationallntegrated Protected Areas System Act”.

SEC. 2. Section 2 of Republic Act No. 7586 is hereby amended to read as follows:

“SEC. 2, Declaration of Policy. - Cognizant of the profound impact
of man’s activities on all components of the natural environment
particularly the effect of increasing population, resource exploitation and
industrial advancement and recognizing the critical importance of
protecting and maintaining the natural biological and physical diversities
of the environment notably on areas with biologically unique features to
sustain human life and development, as well as plant and animal life, it is
hereby declared the policy of the State to secure for the Filipino people of
present and future generations the perpetual existence of all native plants
and animals through the establishment of a comprehensive system of
integrated protected areas within the classification of national park as
provided for in the Constitution.

It is hereby recognized that these areas, although distinct in
features, possess common ecological values that may be incorporated
into a holistic plan representative of our natural heritage; that effective
administration of these areas is possible only through cooperation among


national government, local government and concerned private
organizations; that the use and enjoyment of these protected areas must
be consistent with the principles of biological diversity and sustainable
development.

To this end, there is hereby established a National Integrated
Protected Areas System (NIPAS), which shall encompass outstanding
remarkable areas and biologically important public lands that are
habitats of rare and endangered species of plants and animals,
biogeographic zones and related ecosystems, whether terrestrial, wetland
or marine, all of which shalll be designated as PROTECTED AREAS.

The state shall ensure the full implementation of this Act, the
mobilization of resources for the institutional mechanisms herein
established, and the full scientific and technical support needed for the
conservation of biodiversity and the integrity of the ecosystems, culture
and spiritual practices.

SEC. 3. Section 4 of Republic Act No. 7586 is hereby amended as to
delete the provisions, and in lieu thereof, insert the following:

SEC. 4,Definition of Terms ~ For purposes of this Act, the following terms
shall be defined as follows:

(a) Bioprospecting ~ refers to the research, collection, and utilization
of biological and genetic resources for purposes of applying
the knowledge derived therefrom solely to commercial
purposes;

(b) Buffer Zones ~ refer to identified areas outside the boundaries
of and immediately adjacent to designated protected areas
pursuant to Section 8 that need special development control in
order to avoid or minimize harm to the protected area;

(c) By-products or Derivatives - refers to parts taken or substances
extracted from wildlife, in raw or in processed form. These
include stuffed animals and herbarium specimens;

(a) Collection or Collecting - refers to the act of gathering or
harvesting wildlife, its by-products, its by-products or
derivatives;

(€) Conveyance - refers to every description of vessel, including
motorized or non-motorized vehicles, non-displacement crafts
and seaplanes, used or capable of being used as a means of


transportation on land or water. It shall include everything
found therein, except personal effects;

(0 Delineation - refers to the actual ground survey of the
boundaries of protected areas and their buffer zones and
management and management zones using global positioning
system (GPS) or other applicable surveying instruments and
technologies, with the intention to come up with a map of the
area;

(g) Demarcation - refers to the establishment of the boundaries of
protected areas and their buffer zones and management zones
using visible markers, monuments, buoys in case of marine
areas, and known natural features and landmarks, among
others, as a result of the actual ground delineation;

(h) Endemic species -refer to the species or subspecies of flora and
fauna which are naturally occurring and found only within
specific areas in the country;

@

Exotic species - refer to the species of subspecies of flora and
fauna which do not naturally occur within the protected area
at present or in historical time;

6.

Exploration - refers to the act of searching or prospecting for
mineral resources, as defined by law, by geological, geo-
chemical 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;

(k) Gear - refers to any instrument or device and its accessories
utilized in taking, catching, gathering, killing, hunting,
destroying, disturbing, removing, or possessing resources
within protected area;

(Ct

Genetically Modified Organism (GMO) - refers to any living
organism that possesses a novel combination of genetic
material obtained through the use of modern biotechnology;

(m)Hunting - refers to the Killing or catching of wild fauna for
food, and recreational purposes with the use of weapons such
as guns, bow and arrow, spears, traps and snares, and the like;

(n) Indigenous Cultural Community (ICC) - refers to a group of
people sharing common bonds of language, customs,


traditions and other distinctive cultural traits, and who have
since time immemorial occupied, possessed and utilized a
territory;

(0) Invasive Alien Species refer to species introduced deliberately
or unintentionally outside their natural habitats where they
have the ability to establish themselves, invade, outcompete
native species and take over the new environment;

(p) Multiple-Use Zone - refers to the area where settlement,
traditional, and 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;

(q) National Park - refers to the lands of the public domain
classified as such in the 1987 Constitution which include all
areas under the National Integrated Protected Areas System
(NIPAS) pursuant to Republic Act No. 7586 primarily
designated for the conservation of native plants and animals,
their associated habitats and cultural diversity;

(r) Natural biotic area - refers to an area set aside to allow the way
of life of societies living in harmony with the environment to
adapt to modern technology at their pace;

(s) Natural monument ~ refers to a relatively small area focused on
the protection of small features to protect or preserve
nationally significant natural features on account of their
special interest or unique characteristics;

(0) Natural Park - refers to a relatively large area not materially
altered by human activity, where extractive resource uses are
not allowed and is maintained to protect outstanding natural
and scenic areas of national or international significance for
scientific, educational and recreational use;

(u) National Integrated Protected Areas System (NIPAS) - refers to the
classification and administration of all designated protected
areas to maintain essential ecological processes and life
support systems, to preserve genetic diversity, to ensure
sustainable use of resources found therein, and to maintain
their natural conditions to the greatest extent possible;

(v) Protected Area Superintendent (PASu) ~ refers to the Chief
Operating Officer of the Protected Area with a permanent


plantilla position in the Department of Environment and
Natural Resources (DENR);

(w)Ponching - refers to the gathering, collecting, or possessing
products or natural resources from the protected area by any
individual person, corporation or entity whether local or
foreign; or in the case of marine protected areas, operating any
foreign fishing vessels by any person, corporation or entity
without a permit;

(x) Protected Area - refers 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;

(y) Protected Area occupants - refer to persons who are residing,
utilizing and cultivating areas within the protected area, These
include private owners, indigenous peoples (IPs), tenured
migrants or informal settlers;

(2) Protected Landscapes/ Seascapes - refer to areas of national
significance which are characterized by the harmonious
interaction of man and land while providing opportunities for
public enjoyment through recreation, tourism, and other
economic activities;

(aa) Protected species - refer to plants or animals declared
protected under Philippine laws, rules and regulations, These
shall include all species listed under the Convention on
International Trade in Endangered Species of Wild Flora and
Fauna and all its annexes, the Convention on the Conservation
of Migratory Species, those specified under the red-list
categories of the International Union for the Conservation of
Nature and Natural Resources, or any plant or animal which
the Protected Area Management Board (PAMB) or any
government agency may deem necessary for conservation and
preservation in the protected area;

(bb) Quarrying - refersto the process of extracting, removing and
disposing sand, gravel, guano, limestone or any material
resources found within protected area;

(cc) Resource reserve ~ refers to an extensive and relatively
isolated and uninhabited area normally with difficult access
designated to protect natural resources of the area for future
use and prevent or contain development activities that could


affect the resource pending the establishment of objectives
which are based upon appropriate knowledge and planning;

(dd) Secretary - refers to the Secretary of the Department of
Environment and Natural Resources (DENR);

(ee) Strict Nature Reserve ~ refers to an area possessing some
outstanding ecosystem, features and species of flora and fauna
of national scientific importance maintained to protect nature
and maintain processes in an undisturbed state in order to
have ecologically representative examples of the natural
environment available for scientific study, environmental
monitoring, education, and for the maintenance of genetic
resources in the dynamic and evolutionary state;

(ff) Tenured Migrants - refer to members of tenured migrant
communities as defined in this Act;

(gg) Tenured Migrant Communities - refer to communities within
protected areas which have actually and continuously
occupied such areas for five (5) years before the designation of
the same as protected areas in accordance with NIPAS Act and
are solely dependent therein for subsistence;

(hh) Threatened species - refer to a general term to denote species
or subspecies considered as critically endangered, vulnerable
or other accepted categories of wildlife whose population is at
risk of extinction;

(ii) Wildlife - refers to the wild forms and varieties of flora and
fauna, in all developmental stages, including those which are
in captivity or are being bred, fed or propagated, and

(ii) Wildlife sanctuary - refers to an area which assures the natural
conditions necessary to protect nationally significant species,
groups of species, biotic communities or physical features of
the environment where these may require specific human
manipulations for their perpetuation.

SEC. 5. Section 5 of Republic Act No. 7586 is hereby amended to read as follows:

“SEC. 5. Establishment and Extent of the System - The establishment
and operationalization of the System shail involve the following:


(@)

(b)

©)

(a)

All areas or islands in the Philippines proclaimed,
designated or set aside, pursuant to a law, presidential
decree, presidential proclamation or executive order as
national park, game refuge, bird and wildlife sanctuary,
wilderness area, strict nature reserve, watershed, mangrove
reserve, fish sanctuary, natural and historical landmark,
protected and managed landscape/seascape as well as
identified virgin forests before the effectivity of this Act are
hereby designated as initial components of the System, ‘The
initial components of the System shall be governed by
existing laws, rules and regulations, not inconsistent with
this Act;

Within one (1) year from the effectivity of this Act, the
DENR shall submit to the Senate and the House of
Representatives a map and legal descriptions or natural
boundaries of each protected area initially comprising the
System, Such maps and legal description shall, by virtue of
this Act, constitute the official documentary representation
of the entire System, subject to such changes as Congress
deems necessary;

All DENR records pertaining to said protected areas,
including maps and legal descriptions or natural
boundaries, copies of rules and regulations governing
them, copies of public notices of, and reports submitted to
Congress regarding pending additions, eliminations, or
modifications shall be made available to the public. These
legal documents pertaining to protected areas shall also be
available to the public in the respective DENR Regional
Offices, Provincial Environment and Natural Resources
Offices (PENROs) and Community Environment and
Natural Resources Offices (CENROs) where NIPAS areas
are located;

Within three (3) years from the effectivity of this Act, the
DENR shall study and review each area tentatively
composing the System as to its suitability or non-suitability
for preservation as protected area and inclusion in the
System according to the categories established in Section 3
hereof and report its findings to the President as soon as
each study is completed. The study must include in each
area:

(1) A Protected Area occupants survey;
(2) Anethnographic study;


(e)

(3) A protected area resource profile;

(4) Land use plans done in coordination with the
respective Regional Development Councils; and

(5) Such other background studies as will be sufficient
bases for selection.

‘The DENR shall:

(i) Notify the public of proposed action through
publication in a newspaper of general circulation,
and such other means as the System deems
necessary in the area or areas in the vicinity of the
affected land thirty (30) days prior to the public
hearing;

(ii) Conduct public hearings at the locations nearest to
the area affected;

(iii) At least thirty (30) days prior to the date of hearing,
advise all local government units (LGUs) in the
affected areas, national agencies concerned, people's
organizations and non-government organizations
and invite such officials to submit their views on the
proposed action at the hearing not later than thirty
(30) days following the date of hearing; and

(iv) Give due consideration to the recommendations at
the public hearing; and provide sufficient
explanation for such recommendations contrary to
the general sentiments expressed in the public
hearing.

Upon receipt of the recommendations of the DENR, the
President shall issue a presidential proclamation
designating the recommended areas as protected areas and
providing for measures for their protection until Congress
shall have enacted a law finally declaring the
recommended areas as part of the integrated protected area
systems; and

Thereafter, the President shall send to the Senate and the
House of Representatives the recommendations with
respect to the designations as protected areas or
reclassification of each area on which review has been
completed, together with maps and legal description of
boundaries. The President, in the recommendation, may
propose the alteration of existing boundaries of any or all
proclaimed protected areas, addition of any contiguous
area of public and of predominant physical and biological
value. Nothing contained herein shall limit the President to

10


propose, as part of the recommendation to Congress,
additional areas which have not been designated,
proclaimed or set aside by law, presidential decree,
proclamation or executive orders as protected area/s.

(g) Pursuant to and in accordance with the NIPAS Act, the
following parcels of land are hereby declared and
established as Protected Areas with the land classification
of national park:

Name of Protected Area Proclamation Number
Proclamation
Number Date

1. Abasig-MatogdonMananap Natural Biotic Area 318 May 31, 2000
2. Agoo-Damortis Protected Landscape and Seascape 277 April 23, 2000
3, Agusan Marsh Wildlife Sanctuary 913 Oct, 31, 1996
4, Alburquerque-Loay-Loboc

Protected Landscape/Seascape 293 April 23, 2000
5, Aliguay Island Protected Landscape and Seascape 106 May 6, 1999
6. Aliwagwag Protected Landscape 139 April 5, 2011
7. AmroRiver Protected Landscape 274 April 23, 2000
8. Apo Island Protected Landscape/Seascape 438 Aug. 9, 1994
9. Apo Reef Natural Park 868 Sept. 6, 1996
10. Baliangao Protected Landscape and Seascape 418 Nov. 22, 2000
11, Balinsasayao Twin Lakes Natural Park 414 Nov. 21, 2000
12, Basilan Natural Biotic Area 321 May 31, 2000
13. Bataan Natural Park 192 Nov. 27, 1987
414, Bessang Pass Natural Monument/Landmark 284 Apr. 23, 2000
15. Bicol Natural Park 43 Dee. 29, 2000
16. Bigbiga Protected Landscape 290 April 23, 2000
17. BiriLarosa Protected Landscape/Seascape 291 April 23, 2000
18, Bongsalay Natural Park 319 May 31, 2000
19, Buenavista Protected Landscape 294 April 23, 2000
20, Bulusan Voleano Natural Park 421 Nov. 27, 2000
21. Buug Natural Biotic AREA 63 Dee, 22, 1998

22, Calbayog-Pan-As Hayiban Protected Landscape 1158 Feb. 3, 1998
23, Camotes Island Mangrove Swamp Forest Reserve 2152 Dec. 29, 1981

24, Casecnan Protected Landscape 289 April 23, 2000
25. Catanduanes Watershed Forest Reserve 123 June 23, 1987
26. Chico Island Wildlife Sanctuary 272 April 23, 2000
27. Chocolate Hills Natural Monument 1037 July 1, 1997

28, Cuatro Islas Protected Landscape/Seascape 270 April 23, 2000
29. Dinadiawan River Protected Landscape 278 April 23, 2000

30. Dumanquilas Bay Protected Landscape

11


31.
32.

33.
34.
‘aM
36.
97.
38.
39,
40.

41.
42,
43,
44,
45.
46.
47.

48.
4
50.
51.
5
53
54.
55.
56.
57.
58.
59.

S

38

60.
61.
62.
63.

64,

65.
66.

67.
68.
69.

and Seascape 158 Aug. 10, 1999

El NidoManaged Resource Protected Area 32 Oct. 8, 1998
Great and Little Sta. Cruz Islands Protected 271 April 23, 2000
Landscape and Seascape

Guiuan Protected Landscape/Seascape 469 Sept. 26, 1994
HinuluganTaktak Protected Landscape 412 Nov. 17, 2000
Initao-Libertad Protected Landscape and Seascape 260 Sept. 16, 2002
Jose Rizal Memorial Protected Landscape 279 Apr. 23, 2000
Kalbario-Patapat Natural Park 1275 Apr. 20, 2007
Lagonoy Natural Biotic Area 297 Apr. 24, 2000
Lake Danao Natural Park 1155 Feb. 3, 1998
Las Piftas-Paraftaque Critical Habitat 1412 and 1412-A_ Apr. 22, 2007
and Ecotourism Area Jan. 31, 2008
Libunao Protected Landscape 280 Apr. 23, 2000
Lidlidda Protected Landscape 266 Apr. 23, 2000
Mabini Protected Landscape and Seascape 316 May 31, 2000
Mahagnao Volcano Natural Park 1157 Feb. 3, 1998
MainitHotspring Protected Landscape 320 Dee. 31, 2000
Malabungot Protected Landscape and Seascape 288 Apr. 23, 2000

Malampaya Sound Protected Landscape

and Seascape 342 July 12, 2000
Manleluag Spring Protected Landscape 576 Mar. 10, 1994
. MarinduqueWildife Sanctuary 696 ‘Aug. 17, 2004
Masinloc and Oyon Bays Marine Reserve 231 Aug, 18, 1993
Mati Protected Landscape 912 Sept. 6, 2005
. Maulawin Spring Protected Landscape 295 Apr. 23, 2000
. Mayon Volcano Natural Park 413 Nov. 21, 2000
Mt. Balatukan Range Natural Park 1249 May 6, 2007
Mt. Calavite Wildlife Sanctuary 292 April 23, 2000
Mt. Guiting-Guiting Natural Park 746 Feb. 20, 1996
Mts. Iglit-Baco Natural Park 557 May 8, 1969
‘Mt. Inayawan Range Natural Park 1344 July 30, 2007
Mt. Isarog Natural Park 214 June 20, 2002
‘Mt. Kalatungan Range Natural Park 305 May 5, 2000
Mt. Mantalingahan Protected Landscape 1815 June 23, 2009
Mt. Matutum Protected Landscape 552 Mar. 20, 1995.
Mts. PalayPalay and MataasnaGulod Protected
Landscape 1315 June 27, 2007
. Mt. Timpoong and Hibok-Hibok Natural
Monument 570 Mar. 9, 2004
Mount Timolan Protected Landscape 354 Aug. 14, 2000
Murcielagos Island Protected Landscape
and Seascape 281 Apr. 23, 2000
Naro Island Wildlife Sanctuary 317 May 31, 2000
Ninoy Aquino Parks and Wildlife Center 723 Oct. 25, 2004
Northern Negros Natural Park 895 Aug. 15, 2005,

12


70. Northwest Panay Peninsula Natural Park 186 Apr. 18, 2002

71. Olango Island Wildlife Sanctuary 903 May 14, 1992
72. Palaui Island Marine Reserve 447 Aug, 28, 1994
73. Pamitinan Protected Landscape 901 Oct. 10, 1996
74, Panglao Island Protected Seascape 426 July 22, 2003
75, Pasonanca Natural Park 132 July 5, 1999

76. Pefiablanca Protected Landscape and Seascape 484 Oct. 6, 2003
77. Puerto Princesa Subterranean River National Park 212 Nov. 12, 1999

78. Pujada Bay Protected Landscape/Seascape 431 July 31, 1994
79. Quezon Protected Landscape 394 June 2, 2007
80. Quirino Protected Landscape 779 Feb. 9, 2004
81. Rajah Sikatuna Protected Landscape 287 April 23, 2000
82, Rasa Island Wildlife Sanctuary 1000 Feb, 15, 2006
83, Roosevelt Protected Landscape 273 April 23, 2000
84, Salinas Natural Monument 275 April 23, 2000
85, Samar Island Natural Park 442 Aug. 13, 2003
86, Santa Lucia Protected Landscape 296 April 23, 2000
87, Sarangani Bay Protected Seascape 756 March 5, 1996

88. Selinog Island Protected Landscape and Seascape 276 April 23, 2000
89, Siargao Islands Protected Landscape and Seascape 902 Oct. 10, 1996

90, Sibalom Natural Park 282 April 23, 2000
91, Simbahan-Talagas Protected Landscape 267 April 23, 2000
92, Sinarapan Sanctuary
93. Siocon Resource Reserve 84 Feb. 24, 1999
94, Taal Volcano Protected Landscape 923 Nov. 19, 1996
ibon Group of Islands Protected Landscape/Seascape 13. July 5, 1999
96. Talaytay Protected Landscape 283 April 23, 2000
97. Tafion Strait Protected Seascape 1234 May 27, 1998
98. Tinuy-an Falls Protected Landscape
99, Tumauini Watershed Forest Reserve 355 April 4, 1994
100. Turtle Islands Wildlife Sanctuary 171 Aug. 26, 1999

101. Upper Marikina River Basin Protected Landscape 296 Nov. 24, 2011

The category, location, and boundaries of each Protected Area as
described in the attached Annex shall be considered as integral part of this Act.

The DENR, with the assistance of other government agencies, if
necessary, shall delineate and demarcate on the ground the boundaries of each
Protected Area which shall not the modified except by an Act of Congress.

SEC. 6. Section 8 of Republic Act No. 7586 is hereby amended to read as follows:

“SEC. 8. Buffer Zones. - When necessary, the PAMB may establish
areas surrounding the Protected Areas as buffer zones for the purpose of
providing extra layer of protection where restrictions may be applied
and communities may assist in repelling threats to the Protected Area.

13


Such buffer zones may include public or private lands.

SEC, 7. Section 9 of Republic Act No. 7586 is hereby amended to read as

follows:

“SEC. 9. Management Plans, ~There shall be a management plan
prepared for the Protected Area and its buffer zone which shall serve as
guide in the management and operation of the Protected Area.

Within one (1) year from the effectivity of this Act, the
management plan shall have been put into effect following the General
Management Planning Strategy provided for under the NIPAS Act and
according to the procedure herein set forth.

‘The management plan shall be prepared by the Protected Area
Superintended (PASu) in coordination with the appropriate offices of the
national government such as the DENR, National Commission on
Indigenous Peoples (if applicable), Department of Agriculture (DA),
Local Government Units, private sectors, civil society organizations, local
and indigenous cultural communities/ indigenous peoples (ICCs/IPs). It
shall be reviewed and approved by the PAMB and endorsed, through the
Biodiversity Management Bureau (BMB), to the Secretary of the DENR.
The management plan shall take effect after thirty (30) days from the date
of receipt thereof by the Secretary of the DENR: Provided, however, that
the Secretary of the DENR, may revise and modify the management plan
before the expiration of the thirty (30)- day period to ensure conformity
with applicable laws, rules and regulations.

‘The management plan shall be modified and updated regularly
and in accordance with studies or similar resources assessments and
surveys a well as relevant developments on biodiversity conservation
such as the in-depth review of NIPAS and relate statutes on the
establishment and management of Protected Areas in the Philippines.
The management plan shall be distributed to concerned government
agencies, local government units, civil society organizations, private
sector, and indigenous and local communities, with the goal of proper
coordination and uniform management of Protected Areas, All
concerned Local Government Units shall integrate and mainstream the
management plan into their policies, programs and local development
planning process. The Biodiversity Management Bureau shall monitor
the implementation of the management plan to ensure compliance and
consistency with biodiversity conservation objectives.

A year before the termination of the existing management plan,
the PASu shall cause the publication of notices for comments and
suggestions on the proposed subsequent management plan in two (2)

14


newspapers of general or local circulation. Notices shall also be posted in
the Provincial Hall, City or Municipal Halls covering the Protected Area
as well as in the Barangay Halls within or immediately adjacent to the
Protected Area, The proposed plan shall be made available to the public
during the period for comment and upon approval of the PAMB. A final
plan shall likewise be made available for public consumption at the
offices of the PASu and the DENR Regional Director, provided, that the
plan shall be plainly written in a language understandable in the area

SEC. 8. Section 11 of Republic Act No. 7586 is hereby amended to read as
follows:

“SEC. 11, Protected Area Management Board. - A Protected Area
Management Board for each of the declared and established protected
area shall be created, and shall be composed of the following: the
Regional Director under whose jurisdiction the protected area is located,
as Chaiperson; one (1) representative from the autonomous regional
government, if applicable; Governor/s of the Province/s covering the
Protected Area; the Provincial Planning and Development Coordinators
(PPDC) of the Province/s covering the Protected Area; Mayor/s of the
City/ies and Municipality /ies covering the Protected Area or their duly
designated representative/s; the Chairpersons of the Barangays covering
the Protected Area or their duly designated representative/s; one (1)
representative from each IPS/ICCS, if applicable; and at least one but not
more than three (3) representatives from non-government (NGOs)/local
community organizations duly accredited by the DENR or the Local
Government Unit operating in the Protected Area, which has been
existing for five (5) years with track records related to the protection and
management of the Protected Area; one (1) representative from an
academic institutions with track records related to the protection and
management of the Protected Area; and if necessary, one (1)
representative from other departments or national government agencies
involved in the protection and management of the protected area or have
long-term projects or permanent facility located therein;

The Environment and Natural Resources Officer of the Province
or a Provincial Officer holding an equivalent position shall be an Ex
Officio member of the PAMB.

The Board shall, by a majority vote, decide the allocations for
budget, approve proposals for funding, decide ON matters relating to
planning, peripheral protection and general administration of the area in
accordance with the general management strategy. The members of the
Board shall serve for a term of five (5) years without compensation,
except for the actual and necessary traveling and subsistence expenses
incurred in the performance of their duties.

15


The Members of the Board shall be appointed by the Secretary of
the DENR.In the case of member who are government officials, their
appointment shall be co-terminus with their terms of office.

The Secretary shall designate the Chairperson should there be two
(2) or more Regional Directors in the Board.

As a transitory provision, the initial members of the PAMB shall
be nominated from the current members of the existing PAMB of the
Protected Area, provided, that the women’s sector shall be represented.

A member may be removed for any of the following grounds:

(A)More than three (3) consecutive unexcused absences during
regularly scheduled meetings of the Management Board;

(B) Commission of acts prejudicial to the management of
Protected Areas as embodied in Section 20 of the NIPAS Act or
other existing rules and regulations governing Protected

Areas;

(©)Disassociation from the office or organization being
represented;

(D) Dissolution of the officer or organization being represented;
and

(£) Conviction by final judgement of any criminal act.

The representatives from the Local Government Units and
national agencies in the PAMB shall inform their respective
constituents, offices, or sectors, of PAMB-approved or other
relevant policies, rules, regulations, programs and projects and to
ensure that the provisions of this Act, the NIPAS Act and its
implementing rules and regulations are observed, complied with,
and used as reference and framework in their respective plans,
policies, programs and projects. Failure to comply with the
foregoing shall subject such representative to disciplinary action
as the PAMB may provide.

SEC, 9, Insert two (2) new sections after Section 11 of Republic Act No.
7586 to read as follows:

“Sec. 11-A. Powers and Functions of the PAMB. - The PAMB shall
have the following powers and functions in addition to those provided
under the NIPAS Act of 19992 and its Implementing Rules and
Regulations:

16


(A) Approve the management plan and annual work and financial
plans, allocate resources and oversee the office of the PASu;

(B) Adopt rules of procedures in the conduct of business,
including the creation of Committees to which its powers may
be delegated;

(C)Manage the allocation of the Protected Area retention income
account, and other funds for the Protected Area, ensure their
proper administration and render proper accounting
procedures;

(D)Establish criteria for the issuance of permits for activities
regulated by this Act or the management plan;

(&) Issue rules and regulations for the resolution of conflicts
through appropriate and effective means;

(£) Recommend the deputization of appropriate agencies and
individuals for the enforcement of the law rules and
regulations governing the conduct or management of the
Protected Area;

(G)Approve fees and charges in accordance with existing
guidelines and raise funds for the Protected Area; and

(H) Recommend appropriate policy changes to the DENR and
other government authorities;

‘The PAMB with more than twenty-five (25) members may create
Executive Committees (ExeComs) which shall perform all the above
functions, Each member of the ExeCom shall act as a representative of
the PAMB as a whole and are accountable to the PAMB en banc. In such
cases, the PAMB en banc shall retain the right to ratify the following
decisions:

1) Approval of the management plan;

2) Approval of the annual work and financial plans; and

3) Approval of fees and charges for use of Protected Area
resources;

The DENR, through the Regional Director, shall ensure that the
PAMB acts within the scope of its powers and functions In case of
conflict between the resolutions and issued by the PAMB and the
existing Administrative Orders of national application, the latter shall
prevail.”

“Sec, 11-B. The Protected Area Management Office (PAMO). - ‘There
is hereby created a Protected Area Management Office (PAMO) to be
headed by a PASu who shall perform the day to day management,
protection, and administration of the Protected Area, The PASu shall be
supported by the DENR personnel designated therin. The DENR shall

17


appoint a PASu who shall be primarily accountable to the PAMB and the
DENR for the management and operations of the Protected Area. As
such, the PASu shalll have the following duties and responsibilities:

(A)Prepare the management plan as herein defined;

(8) Formulate and submit the Implementing Rules and
Regulations of the Protected Area;

(C)Provide a secretariat for the PAMB with and its committees
and provide the PAMB will all the necessary information to
make appropriate decisions for the implementation of this Act;

(D)Establish, operate and maintain a database management
system as decision support tool;

(E) Monitor all activities within the Protected Area to ensure its
conformity with the management plan;

(B) Issue permits, including cutting permits when warranted, for
activities that implement the management plan and other
permitted activities in accordance with terms, conditions and
criteria established by PAMB, provided, that all extraction
activities, including collection for research purposes shall
continue to be issued by relevant government authorities in
accordance with the specific acts made for the purpose;

(G)Enforce the laws, rules and regulations relevant to the
Protected Area, commence and institute legal action
independently or in collaboration with other government
agencies or organizations and assist in the prosecution of
offenses committed in violation of this Act;

(H)Request for and receive any technical assistance, support or
advice from any agency or instrumentality of the government
as well as academic institutions, non-government
organizations and the private sector as may be necessary for
the effective management, protection and administration of the
Protected Area;

(J) Ensure the integration of the Protected Area management
policies, regulations, programs and projects to all the
concerned national and Local Government Units level; and

(J) Perform such other functions as the PAMB may delegate. “

SEC. 10. Section 13 of Republic Act No. 7586 is hereby amended to read as
follows:

“SEC. 13. Recognition of Indigenous Peoples and Local Communities
Conserve Areas and Territories. Indigenous Peoples and Local
Communities Conserved Areas and Territories (ICCAs) within the
Protected Area shall be recognized and respected. The PAMB and PASu
shall assist ICCs/IPs concerned in the identification, mapping,

18


documentation and registration of ICCAs, and the preparation of
community conservation plans. The identified ICCAs and the
community conservation pans shall be harmonized with the Protected
‘Area management plan and zoning. The documentation and mapping of
ICCA shall be undertaken in the preparation, modification or revision of
the management plan. ‘The PAMB shall likewise consider ICCA issues
and concerns in all management planning and decision-making
processes.

‘The management plan and Ancestral Domain Sustainable
Development and Protection Plan (ADSDPP) shall be harmonized to
ensure the protection of biodiversity, sustainable use of natural
resources, and to maintain cultural integrity.”

SEC, 11. Section 14 of Republic Act No. 7586 is hereby amended to read as
follows:

“SEC. 14. Energy Resources, - Consistent with the policies declared
in Section 2 hereof, protected areas, except strict nature reserves and
natural parks, may be subjected to exploration only for the purpose of
gathering information on energy resources and only if such activity is
carried out with the least damage to surrounding areas. Surveys shall be
conducted only in accordance with a program approved by the DENR,
and the result of such surveys shall be made available to the public and
submitted to the President for recommendation to Congress.

Energy projects within the Protected Area shall only be allowed
through an Act of Congress except for renewable energy projects which
the PAMB may allow and with the concurrence of the DENR Secretary,
provided, that these renewable energy projects located outside the strict
protection zones shall adopt reduced impact technologies, undergo
environmental inypact assessment (FIA) as provided by law, and shall
not be detrimental to ecosystem functions and biodiversity.”

SEC, 12, Section 16 of Republic Act No. 7586, as amended by Republic
Act No. 10629, is hereby amended to read as follows:

Sec. 16 Protected Area (PA)Fund - There is hereby established a
trust fund to each Protected Area for purposes of financing the projects
for purpose of financing the projects and sustaining the operation of the
PA. All income generated from the operation and management of the PA
shall accrue to the PA Fund. These incomes shall be derived from fees
from permitted sale and export of flora and fauna and other resources
from the Protected Area; proceeds from lease of multi-use areas;
contribution from industries and facilities directly benefitting from the

19


Protected Area; and such other fees and incomederived from the
operation of the Protected Area.

The PA Fund may be augmented by grant grants, donations,
endowment from various sources, domestic or foreign. The PAMB of the
PA shall retain seventy-five percent (75%) of all revenues raised, to be
deposited in any government bank within the locality, provided, that
disbursements out of such deposits shall be used solely for the protection,
maintenance, administration, and management of the PA and
implementation of duly approved projects endorsed by the PAMB in
accordance with existing accounting budgeting and auditing rules and
regulations, provided, further, that the PA Fund shall not be used to cover
personal services expenditures.

‘The remaining twenty-five percent (25%) of the revenues shall be
deposited as a special account in the National ‘Treasury as share in the
Integrated Protected Area System Fund for purposes of financing the
project of the system.

‘The concerned LGUs shall continue to impose and collect all other
fees not enumerated herein but which they have traditionally collected,
such as business permits, property tax, and rental of LGU facilities:
provided, that the LGUs shall not impose property tax and issue new tax
declaration for areas covered by the protected area: provided further, LGUs
may change additional fees to those imposed by the PAMB: provided,
finally, that such additional fees shall be determined based on the
contribution of the LGUs in the maintenance and protection of the
Protected Area.

SEC. 13. A new Section 16-A of Republic Act 7586, as amended by R.A.
10629 shall read as follows:

Sec. 16-A. Tax Exemption - All grants, bequests, and endowments,
donations, and contributions made to the Protected Area Fund to be used
actually, directly, and exclusively by the Protected Area shall be exempt
from Donor’s tax and shall be considered as allowable deduction from
the gross income of the donor for purposes of computing the taxable
income of the donor in accordance with the provisions of the National
Internal Revenue Code of 1997, as amended.

SEC. 14. Section 19 of Republic Act No. 7586 is hereby amended to read
as follows:


as follo

“SEC. 19. Special Prosecutor and Retained Counsel. - Within thirty
(30) days from the effectivity of this Act the Department of Justice (DOJ)
shall appoint aspecial prosecutorto prosecute violations of laws, rules
and regulations in the protected area. Such special prosecutor shall
coordinate with the PAMB and PASu in the performance of duties and
assist in the training of wardens and rangers in arrest and criminal
procedures, The PAMB may retain the services of counsel to prosecute
and/or assist in the prosecution cases under the direct control and
supervision of the regular or special prosecutor and to defend the
members of the PAMB, the PASuand the staff, or any person assisting in
the protection, conservation and sustainable development of protected
area, against any legal action related to their powers, functions and
responsibilities as provided in this Act or as delegated or tasked by the
PAMB.”

SEC. 15. Section 20 of Republic Act No. 7586 is hereby amended to read

“SEC 20. Prohibited Acts. ~ Except as may be allowed by the nature
of their categories and pursuant to rules and regulations governing the
same, the following acts are prohibited within protected areas.

(a) Hunting, taking, killing, collecting, destroying, disturbing,
possessing of any wild terrestrial or aquatic plants or
animals, flora or fauna, sand, rocks, or by-products derived
therefrom including in private lands within the Protected
Area without the necessary permit,authorization or
exemption: provided, that the PASu as authorized by the
PAMB shall issues a permit, authorization or exemption only
for culling, scientific research, the exceptions under Section
27 (A) of Republic Act No, 9147 or harvests of non-protected
species in multiple use zones by protected area occupants;

(b) Dumping, throwing, using, or causing to be dumped or
placing into the Protected Area any toxic chemical, poisonous
substance or non-biodegradable material, waste or products
whether in liquid, solid or gas state, including pesticides and
other hazardous substances as defined under the Republic
Act No, 6969, otherwise known as the “Toxic Substances and
Hazardous and Nuclear Wastes Control Act of 1990|”
detrimental to the protected area, or to the plants and
animals or inhabitants therein;

(©) Operating any motorized conveyance within the Protected
Area not otherwise authorized by law;

21


(a)

(e)

0)

(g)

(h)

(i)

0)

(k)
1)

(m)

Mutilating, defacing,destroying excavating, vandalizing or,
in any manner, damaging any natural formation on land,
religious, spiritual, historical sites, artifacts and other objects
of natural beauty, scenic value or objects of interest to
cultural communities;

Damaging and leaving roads and trails in a damaged
condition;

Informally occupying or dwelling in any land within the
Protected Area without clearance from the PAMB;

Constructing, erecting,or maintaining any kind of structure,
fence or enclosures, conducting any business enterprise
without a permit on land or on water for any purposes
inconsistent with the management plan duly approved by
the PAMB: provided, that large-scale private infrastructure
and other projects such as medium to high density
residential subdivisions, medium to large scale commercial
and industrial establishments, golf courses, _ heavily
mechanized commercial and non-traditional farming, and
other activities that cause increased immigration and
resource degradation are absolutely prohibited;

Leaving in exposed or unsanitary conditions refuse or debris,
or depositing in ground or in bodies of water; and

Altering, removing destroying or defacing boundary marks
or signs.

Undertaking mineral exploration or extraction within the
Protected Area;

Poaching within a Protected Area;

Cutting, gathering, removing or collecting timber within the
Protected Area including private lands without the necessary
permit, authorization or exemption such as for culling exotic
species;

Possessing or transporting, within or outside the Protected
‘Area any timber, forest products wild terrestrial or aquatic
plants, animals, or by-products derived therefrom which
ascertained to have been taken from the Protected Area other
than exotic species under an appropriate permit for its
culling;

22


()

(0)

(p)

(u)

(vy)

Engaging in quarrying within the Protected Area for use
outside the Protected Area and without permit;

Engaging in kainginor, in any manner, causing forest fires
insider the Protected Area;

Establishing or introducing any exotic species, including
genetically modified organisms (GMOs), and invasive alien
species within the Protected Area which are detrimental to
endemic species and the ecosystem therein;

Conducting bioprospecting within the Protected Area
without prior PAMB approval in accordance with existing
guidelines, provided that in addition to the penalty herein,
any commercial use of any substance taken from a Protected
Area will not be allowed and all revenue earned from illegal
commercialization thereof will be forfeited and deposited in
the IPAF;

Prospecting, hunting or otherwise locating hidden treasures
within the Protected Area;

Possessing or using blasting caps or explosives anywhere
within the Protected Area;

Taking, removing, fishing, gathering, killing, destroying or
possessing corals from Marine Protected Areas, except for
scientific or research purposes authorized by the PAMB;

Using any fishing or harvesting gear that destroy coral reefs,
seagrass beds or other marine life or terrestrial habitats as
may be determined by this Act, the PAMB, other laws, the
DA, or the DENR;

Using of muro-ami, pa-aling, all kinds of trawls (galadgad,
norway), purse seine (pangulong), Danish seine (hulbot-
hulbot, pahulbot-hulbot, likisan, liba-liba, ppalisot, patangko,
bira-bira, buli-buli, hulahoop, zipper, lampornas, ete), rine
net (kubkob, pangulong, kalansisi), drive-in net (kayakas),
round haul seine (sapyaw, lawag), motorized push net
(sudsod), bagnet (basing, saklit), or any of their variations,
provided that mere possession of such gears within the
Protected Areas shall be prima facie evidence of their use; ,or

23


(w) Purchases or sells, mortgages or leases lands or other
portions of the Protected Area which are covered by any
tenurial instrument.”

SEC. 16. Section 21 of RA 7586 is hereby amended to read as follows:

“SEC. 21. Penalties. ~ Violations under this Act shall be subject
to the following penalties:

(A)The penalties and qualifications prescribed in Articles 309 and
310 of the Revised Penal Code, depending on the value of the
resources involved in connection with the prohibited act or a
fine of at least triple the value of the said resources, or both,
shall be imposed upon any person who violates letters (A) to
(F) of Section 20 herein.

(B)A fine of not less than two hundred thousand pesos
(P200,0000.00) but not more than one million pesos
(P1,000,000.00) or imprisonment from one (1) year but not
more than six (6) years, or both, shall be imposed upon any
person who violates letters (H) to (L) of Section 20 herein.

(C)A fine of not less than one million pesos (P1,000,000.00) but not
more than five million pesos (P5,000,000.00) or imprisonment
from six (6) years but not more than twelve (12) years or both
shall be imposed upon any person who violates letters (M) to
(1) of Section 20 herein.

(D) Administrative fines not less than five thousand pesos
(P5,000.00) but not exceeding fifty thousand pesos (P50,000.00)
shall be imposed for the violation of any rules and regulations
in the management plan or by the PAMB or agreements
reached before the PAMB in the exercise of adjudicative
functions; provided, that, if the area requires rehabilitation or
restoration as determined by the court, the offender shall be
required to restore or compensate for the restoration to the
damages that shall accrue to the Protected Area Fund: provided,
further, that court shall order the eviction of the offender from
the land and the forfeiture in favor of the government of all
minerals, timber or any species, collected or removed
including all equipment, devices and firearms used in
connection therewith, and any construction or improvement
made thereon by the offender. If the offender is an association
or corporation, the President or Manager shall be directly
responsible for the Act of his employees and laborers: provided,
finally, that the DENR may impose administrative fines and


penalties consistent with this Act. Valuation of the damage for
this Act shall take into account biodiversity and conservation
considerations as well as aesthetic and scenic value. Valuation
assessed by the DENR, in coordination with other concerned
government agencies shall be presumed correct unless
otherwise proven by preponderance of evidence.

Any person who shall induce another or conspire to
commit any of the illegal acts prohibited in this Act or suffer
their workers to commit any of the same shall be liable in the
same manner as the one actually performing the act.

All conveyances, vessels, equipment, paraphernalia,
implements, gears, tools and similar devices shall be subject to
immediate and administrative confiscation, independent of the
judicial proceedings by the PASu Office upon apprehension,
subject however to due process and substantial evidence
requirements. When legal action is however filed in the regular
courts, the said conveyances, vessels, equipments,
paraphernalia, implements, gears, tools and similar devices,
independent of the administrative proceedings, shall not be
released until after judgement has been rendered. Proceeds of
the sale of all objects administratively or judicially confiscated
pursuant hereto shall accrue to the Protected Area Fund.
Procedure for the sale thereof shall be promulgated by the
PAMB. However, 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 PASu Office for
release in its natural habitat, subject to existing regulations.

The penalties specified in this Section shall be in addition to
the penalties contained in Republic Act No. 9072 (National
Caves and Cave Resources Management and Protection Act),
Republic Act No. 9147 (Wildlife Resources Conservation and
Protection Act), Republic Act 10654 (Revised Philippine
Fisheries Code) and other related laws.

Conviction for any offense under this Act of a Public

Officer or Officer of the law shall carry the accessory penalty of
perpetual disqualification from public office.”

SEC. 17. Insert ten (10) new sections after Section 21 of Republic

Act No. 7586 to read as follows:

25


Sec. 22. Tenured migrants and other Protected Area
occupants, - Tenured migrant shall be eligible to become
stewards of portions of lands within allowable zones. The
PAMB shall identify, verify, and review all tenurial
instruments, land claims, and issuances of permits for
resources use within the Protected Area and recommended the
issuance of the appropriate tenure instrument consistent with
the zoning provided in the management plan.

Should areas occupied by tenured migrants be
designated as zones in which no occupation or other activities
are allowed pursuant to the attainment of sustainable
development, provision for the transfer of said tenured
migrant to multiple use zones or buffer zones shall be
accomplished through just and humane means.

In the event of termination of a tenurial instrument for
cause or by voluntary surrender of rights, the PASu 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.

Protected Area occupants who are not qualified as
tenured migrants shall be resettled outside the Protected Area.

Within three (3) months from the passage of this Act,
the PASu shall submit to the PAMB the list of tenured
migrants, which shall become the official list upon approval of
the Regional Director.

Sec. 23 - Existing Rights. - All vested property and
private rights within the Protected Area and its buffer zones
already existing and/or vested upon the effectivity of this Act
shall be protected and respected in accordance with existing
laws. Notwithstanding this Act, all existing permits, contracts
or agreements entered into by government for the utilization of
natural resources within Protected Areas including their
renewal shall continue to be recognized and governed by the
Philippines laws.

If the permits, contracts and agreements are not
renewed, such areas shall be rehabilitated or restored by the
permit holders within the period provided by the pertinent
laws and shall revert to National Parks Classification.

26


Sec. 24, Existing facilities within the Protected Area -
within sixty (60) days from the effectivity of this Act, existing
facilities such as roads, buildings and structures, water
systems, transmission lines, communication facilities, heavy
equipment, and irrigation facilities existing within the
boundaries of the Protected Area shall be inventoried and the
inventory with project descriptions shall be submitted to the
PAMB through the PASu.

The PAMB, with the assistance of the DENR, shall
determine whether the existence of such facility and its future
plans and operations will be detrimental to the Protected Area
or whether conditions for its operations shall be imposed. If
any such conditions are violated, the owner of the facility shall
be liable to pay a fine of fifty thousand pesos (P50,000.00) for
every violation and desist from continuing the violation
immediately, Upon reaching a total fine of five hundred
thousand pesos (P500,000.00) or if the violation continues to be
committed for (30) days, the PAMB through the PASu and
deputized other government entities, shall cause the cessation
of operation, and either the forfeiture in favor of the PAMB or
demolition of the facility at the cost of the owner. If the owner
of the facility detrimental to the Protected Area is the
government, the agency in charge shall submit a plan for a
substitute facility that would not be detrimental to the
Protected Area and undertake the building thereof within one
(1) year from the PAMB decision to cease operations.

Existing facilities allowed to remain within the
Protected Area may be charged a reasonable fee by the PAMB.
All income from such fee shall accrue to the Protected Area
retention income account,

Sec. 25. Local Government Units, - The Local Government
Units (LGUs) within the Protected Area shall participate in its
management through representation in the PAMB as provided
for in this Act. Said LGUs may appropriate portions of their
share from the annual internal revenue allotment and other
income for use of the Protected Area: provided, that all funds
directly coming from the LGUs shall be exempted from the
twenty-five percent (25%) remittance requirement for the
Integrated Protected Areas Fund - Special Account in the
General Fund (IPAF-SAGE).

Sec. 26, Reporting Responsibility. ~ The PASu, through the
PAMB, shall submit an annual accomplishment report to the

27


Secretary of the DENR on the activities undertaken in the
Protected Area.

A report on the conditions and benefits of the biological
resources of the Protected Area shall also be submitted by the
PASu, through the PAMB, to the Secretary of the DENR every
five (5) years.

Sec. 27. Appropriations ~ The Secretary of the DENR shall
immediately include in the DENR’s program the
implementation of this Act, the funding of which shall be
included in the Annual General Appropriations Act.

Sec. 28. Construction and Interpretation ~ The provisions
of this Act shall be construed liberally in favor of the protection
and rehabilitation of the Protected Area and the conservation
and restoration of its biological diversity, taking into account
the needs and interests of qualified tenured migrants, fore
present and future Filipino generations.

Sec. 29. Subsequent Site-specific Legislation, ~ The PAMB
may propose new legislations for congressional action to
appropriately respond to the distinct and particular needs and
conservation requirements in each of the Protected Areas listed
herein, if necessary.

Sec. 30. Authority to issue site-specific implementing rule
and regulations, - ‘The PAMB shall issue the specific
implementing rules and regulations for each Protected Area
taking into consideration the particular circumstances and
concerns of each site. The PAMB shall ensure that specific
provisions of the applicable Presidential Proclamation not
inconsistent with this Act are adopted in the Implementing
Rules and Regulations.

The PAMB shall transmit the issued Implementing
Rules and Regulations to the Secretary of the DENR, through
the Biodiversity Management Bureau (BMB). Within thirty (30)
days after the date of receipt thereof, the Secretary of the
DENR shall review the issued Implementing Rules and
Regulations for consistency with relevant existing laws, rules
and regulations. If the Secretary of the DENR takes no action
within thirty (30) days after receipt of such issued
Implementing Rules and Regulations, the same shall be
presumed consistent with law and therefore valid.

28


Sec. 31. Transitory provision. - In order to ensure the
recovery and restoration of biological diversity and to develop
sustainable livelihood opportunities for tenured migrants, the
DENR shall henceforth cease to issue concessions, licenses,
permits, clearances, compliance documents or other
instruments that allow utilization of resources within the
Protected Area until the management plan shall have been put
into effect.

All existing land use and resource use permits within
the Protected Area shall be reviewed and shall not be renewed
upon their expiration unless consistent with the management
plan and approved by the PAMB.

SEC. 18. Sections 22 and 23 of Republic Act No. 7586 are hereby renumbered as
Sections 32 and 33 of the Revised NIPAS Act.

SEC. 19. Section 24 of RA 7586 is hereby amended to read as follows:

“SEC. 34. This Act shall take effect fifteen (15) days after its

complete publication in the OFFICIAL GAZETTEor in a newspaper of
general circulation.”

Approved,

29