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SENATE OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
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(fff,; • • 1 til' j.rrt't.r~ 
First Regular Session 
'14 
JAN 15 P5:53 
SENATE 
Senate Bill No, 2056 
Introduced by SENATOR JOSEPH VICTOR G. EJERCITO 
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EXPLANATORY NOTE 
Our country's archipelago of 300,000 square kilometers 
includes 7,100 islands, spread over 1650 kilometers of ocean from 
north to south and 1000 kilometers from east to west, The total coral 
reef area stretches at 30,000 to 44,000 square kilometers scattered 
along the 17,500 to 36,829 kilometers of coastline. 
Several studies have pinpointed .the area of the Philippines 
through eastern Indonesia and around Papua New Guinea to the coral 
sea as part of the world's ocean with the most diverse coral reef 
species. The Indo-Malay-Philippine archipelago is host to the richest 
marine biodiversity where there are at least 3-5 times more species 
compared to that of the Carribean, Tahiti and Hawaii. Moreover, 
analysis of distribution data for .almost 3,000 species pinpoints the 
peak of biodiversity in Philippine waters. 
But with the abundance of our resources comes the threats to 
their subsistence. 
Several developments threaten our marine 
ecosystem. These are: 1) siltation due to deforestation and bad 
agricultural practices; 2) coastal land development; 3) agricultural 
fertilizer run off and sewage; 4) industrial pollutants; 5) destructive 
fishing methods; 6) overfishing and gleaning; and 7) other extractive 
activities such as aquarium fishing, mariculture, coral extraction and 
among others. 
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These development strategies have caused the depletion of our 
marine resources at a very disturbing rate. Currently, the level of 
fishing in our country is 30% higher than the capability of the 
resources to reproduce. Our harvest is way beyond the capacity of the 
fishery sector to regenerate. This has affected a great number of the 
population 'who depend on the seas as their main source of income. 
This is particularly burdensome to the municipal fishers - the decline 
in the volume of fisheries available means less fish to take home for 


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their family's consumption. This also reduces their income with the 
decline in their catch. 
While our marine resources continue to decline, our population, 
on the other hand, continues to grow at a pace faster than our 
Southeast Asian neighbors. Several studies have predicted that if our 
population growth persists at the curre~t rate, only 10 kilograms of 
fisheries capture would be available per capita consumption by 2015. 
Therefore, managing our critical marine resources is imperative. 
The Local Government Code of 1997, the National Integrated 
Protected Areas System Act and the Fisheries Code of 1998 already 
provide for the establishment of ,community-based marine protected 
areas by 'granting the administration of the municipal waters to the 
local governments. However, there still is a great disproportion in the 
number of established marine-prbtected areas (439 as of 2000) and 
the number of coastal municipalities in the country (915 based on the 
latest NAMRIA survey). Thus," there is still a vast range of 
opportunities in establishing marine-protected areas . 
While indeed the Local GovtJrnment Code grants more autonomy 
to local government units in managing local resources, this is perhaps 
one of those instances where national interest -
food security, 
ecological sustainability and guarantee' of livelihood for the small and 
marginalized fisher folk -
must be placed above immediate local 
needs. 
This bill mandates every coastal municipality to establish, 
maintain and manage marine protected areas (MPAs) in at least 15% 
of their municipal 'waters, while preserving those MPAs, which were 
previously set up. By making it mandatory we send a strong signal of 
urgency to preserve our marine resources and give it some breathing 
spell, not just for the sake of the'livelihood of the small fisherfolk but 
more importantly, to ensure that there will be environmental 
sustainability for future generatio'ns to come . 
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In view of ,the foregoing, early approval of this bill is fervently 
sought. 
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JOSEPH VICTOR G. EJERCITO 


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SENATE OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
First Regular Session 
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Senate Bill No. 
'14 
JAN lS P'5:53 
Introduced by SENATOR JOSEPH VICTOR G. EJERCITO 
AN ACT ESTABLISHING MARINE PROTECTED AREAS IN ALL 
COASTAL MUNICIPALITIES AND CITIES AND FOR OTHER 
:PURPOSES 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Short Title. ~ This Act shall be known as the 
"Marine and Coastal Resources Protection Act". 
SECTION 2. Declaration of Policy. - It is hereby declared the 
policy of the State to ensure the protection and preservation of the 
country's marine resources even as it promotes the development of a 
robust fisheries sector. 
The State shall ensure that the utilization of marine resources 
by its citizens observes the requirement of sustainability and, to this 
end the State shall promote a culture of responsible stewardship of 
the environment that is anchored on the desire to be in harmony with 
nature. Thus, where human carelessness and disregard have resulted 
in destruction and damage, the State shall take the necessary 


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measures to restore ecological balance and beauty to ensure the 
continued enjoyment by all of a healthy and safe environment. 
The State also takes cognizance of the preferred status of the 
citizenry as the primary users and beneficiaries of the country's 
resources. As such, Filipino communities are therefore acknowledged 
as crucial partners in the effort to conserve and manage our natural 
marine resources .. 
As a measure towards the' maintenance of biological diversity 
and the proper management of natural resources, the coastal 
community is encouraged to formulate its own marine conservation 
program,. according to a coast!).1 resource management plan tailored to 
the particular ecological conditions of the marine environment. 
SECTION 3. Definition of Tenns. - For purposes of this Act, the 
relevant terms are defined as follows: 
a) Buffer Zones refers to the area surrounding the core zone of 
protection, where extractive. or recreational activities are 
regulated according to its carrying capacity. 
b) Co-management Scheme refers to a management approach 
of administrative integration and cooperation, where the local 
community, the local government unit (LGU) , participating 
agencies, concerned civil society and sectors contribute their 
resources towards the. fulfillment of a particular function 
within their areas of expertise, in a manner that furthers the 
goals of sustainable management of the protected area. 
c) Mangrove Swamp Forest Reserve refers to a portion of the 
mangrove forest designated and reserved for the protection of 
its ecological functions and services and restored to support 
fisheries production in coastal waters . 


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d) Marine Protected Area refers to a defined area of the sea 
established and set aside by law, administrative regulation or 
any other effective means in order to conserve and protect a 
part of or the entire enclosed environment, through the 
establishment of management guidelines. It is considered a 
generic term that includes all declared areas governed by 
specific rules or guidelines in order to protect and manage 
activities within the enclosed area. 
Marine protected areas may take the following forms, anyone or 
a combination of which may compose the marine protected area: 
1) 
Marine Reserve refers to an area where access and 
uses 
(whether 
extractive 
or 
non-extractive) 
are 
regulated or controlled for specific uses or purposes. A 
marine reserve may include a marine sanctuary within 
its boundaries .. The area entire area need not be placed 
under the same conditions or restrictions as a marine 
sanctuary, but all uses are still controlled and 
regulated to the extent necessary to ensure that little 
or no harm is imposed on the environment enclosed in 
the reserve. 
2) 
Marine Park refers to a type of marine reserve where 
conservation-oriented 
recreation, 
education 
and 
research are emphasized. A marine park may include a 
marine sanctuary within its boundaries. 
3) 
Marine Sanctuary refers to a defined area established 
and set aside exclusively for the purpose of protecting 
habitats and species, through the prohibition of all 
extractive uses and strict regulation of non-extractive 
uses. This term is synonymous with "No-Take Zone". A 
marine sanctuary may have a buffer zone around the 
area sought to be protected from extractive and non-


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extractive uses. It may be located within a marine 
reserve or marine park. 
SECTION 4. Establishment of Marine Protected Areas. - Within 
one (1) year from the effectivity of this Act, all coastal municipalities 
and cities shall establish at least one (1) marine protected area (MPA) 
within municipal waters, which shall be subject to the prerequisite of 
consultation with the local community. The protected area must have 
a minimum size of ten (10) hectares, unless the total area of the 
municipal waters is fifteen (15) hectares or less, in which case the 
MPA shall comprise 15% of the municipal waters. The protected area 
shall be established in accordance with an integrated community-
based conservation program and, coastal resource management plan. 
The total area designated for protection need not be contiguous, and 
may be designed in such a manner as may be deemed appropriate, so 
long as it fulfills the ultimate purpose of conservation. 
Inter-tidal areas shall be reserved for the establishment of 
Mangrove Swamp Forest Reserves as part of the MPA where possible. 
If the municipalities border each other in such a way that their 
respective coastlines form a contiguous body, the concerned LGUs 
may so jointly establish and administer the MPA as to reach the 
optimum size and arrangement of a large zoned marine protected 
area. 
SECTION 5. General Criteria. -
The marine protected area, 
which may either take one particular form or incorporate different 
types, shal1 be established according to the level of protection required 
by existing ecological conditions, as well as the socio-economic 
characteristics of the local community, among others: Provided, that 
the form or arrangement of the MPA does not in any way impair the 
preferential use of rights of municipal fisherfolk, unless ecological 
conditions are in such an advanced state of degradation that 
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rehabilita~on must necessarily preclud~ al!owing al! extractive and 
human activity. 
SECTION 6. Responsible Entities. - The concerned LGU, along 
with members of the community and civil society, the Bureau of 
Fisheries' and Aquatic Resources (BFAR) of the Department of 
Agriculture (DA), the Department of Environment and Natural 
Resources (DENR), the Fisheries and Aquatic resources Management 
Councils (FARMCs) and the private sector, shal! be responsible for the 
designation, 
establishment and management of MPAs 
within 
municipal waters, 
based on a 
co-management scheme that 
accommodates the interests of al! stakeholders involved. 
SECTION 7. Funding. - The initial fund for the establishment of 
the MPA shal! be provided by the LGU. Funds for the sustainable 
managemeI),t of the, MPA shal! be included in the regular budget of the 
concerned LGU and may be augmented by funds provided by the 
provincial government, grants, donations and income generated from 
the operations of the MPA. 
SECTION ~. Management of Existing MPAs. - The DENR shall 
continue to manage MPAs established under the National Integrated 
protected Areas System (NIPAS) and al! initial components of the 
System that have passed the requirements pursuant to Republic Act 
No. 7586, otherwise known as the National Integrated Protected Areas 
System Act of 1992. 
AI! marine protected areas, fishery reserves, fishery refuges or 
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sanctuaries and mangrove swamp forest reserves previously declared 
or proclaimed by the President, or legislated as such by the Congress 
of the Philippines, may continue to be supervised by the agency 
charged with its administration. , 


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SECTION 9. Violations and Sanctions. -
Unless otherwise 
allowed in accordance with this Act, the NIPAS law, the Fisheries Code 
(Republic Act 8550) and the Wildlife Act (Republic Act no. 9147), it 
shall be unlawful for any person to willfully and knowingly export, 
damage or 'destroy MPAs and/or any of its 'parts. Violators shall be 
subject to the applicable fines and penalties as provided for in the 
NIPAS Law, Republic Act No, 8550 and the Republic Act 9147 and 
other related laws, rules and regulations. 
Should a coastal LGU fail to establish an MPA as herein 
provided, the Mayor, the Vice Mayor and the members of the 
Sanggunian shall be liable for prosecution under Republic Act 3019, 
otherwise known as the "Anti-Graft and Corrupt Practices Act" and 
Republic Act No. 6713, otherwise known as the "Code of Conduct and 
Ethical Standards for Public Officials and Employees", or other 
applicable laws. 
SECTION 10. Incentives and Awards. - The Department of 
Agriculture, in collaboration with the Department of Environment and 
Natural Resources, the Department of Interior and Local Government 
(DILG) and the UP Marin." Science Institute (UPMSI) as well as other 
relevant academic and research institutions, shall develop incentive 
and award mechanisms to promote effective management of MPAs and 
to ensure their sustainability . 
SECTION 11. Implementing Rules and Regulations. - Within 
sixty (60) days after the effectivity of this Act, the Secretary of 
Agriculture, together with the DENR, ·the DILG and the UPMSI, in 
consultation with other relevant academic and research institutions, 
local government leagues, the National Fisheries and Aquatic 
Resources Management Council, fisherfolk and other concerned 
organizations, shall formulate the rules and regulations for the full 
implementation of this Act. 


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SECTION 12. Separability Clause. -
If any part of this Act 
should hereafter be declared unconstitutional or invalid, such other 
parts not affected thereby shall continue in full force and effect. 
SECTION 13. Repealing Clause. - All laws, decrees, executive 
orders and rules and regulations or parts thereof, which are 
inconsistent with this Act are hereby repealed or modified accordingly. 
SECTION 14. Effectivity. - This Act shall take effect fifteen (15) 
days after its complete publication in a newspaper of general 
circulation . 
Approved,