SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 
76 9 
) 
) 
) 
'13 
JUL 15 
p 6 :19 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Philippine mangrove forests have continued to decline substantially 
during the last century. From an estimated 450,000 hectares of mangroves in 
1918, less than 140,000 hectares exist in 1988 down to 112,400 hectares in 
1997. The World Bank has estimated that there will be less than 100,000 
hectares left in the year 2030 if this rate of reduction continues. Worse, existing 
mangrove forests today are of a much lower quality, given that as early as 1988, 
95% of these are secondary growth and only 5% are primary or old growth, as 
reported by the Department of Environment and Natural Resources. 
One upshot of this continued decline in mangroves is the destruction of 
nursery grounds for fish, prawns, crabs and other important marine species. tn 
the Philippines, with its thousands of islands and islets, mangrove forests also 
playa very important role as "shelter belts" against strong winds from typhoons, 
thereby protecting the inhabitants and preventing coastal erosion. This rapid 
decline is largely due to pressure from firewood gatherers, coral miners, blast 
cyanide fishers and ind\.!strial pOIMion, Over time the stress of the pOIMants a.ng 
reduced light kill large areas of mangrove forests. Worse, while the government 
ceased approving mangrove conversion to fishpond, illegal conversion still 
continues. 
This proposed measure thus seeks to establish reservation areas in all 
coastal areas in each municipality of the country solely for the preservation, 
protection, reforestation, and sustainable development of mangrove forests. To 
strengthen the provisions of this proposed measures, penal sanctions are 
imposed for the destruction and cutting of mangrove trees, dumping of waste 
products and other harmful activities within the mangrove reservation areas. 
Considering the vulnerability and importance of our mangrove resources, 
it is necessary to protect existing mangrove forests, rehabilitate and reforest 
denuded areas, and establish new mangrove plantations since it has been found 
that artifieially established mangrove forests provide the same function as a 
natural mangrove forest. 
In view of the foregoing, approval of this bill is earnestly requested. 
OY EJERCITO ESTRADA 
Senator 


• 
" 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 7 6 9 
) 
) 
) 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
'\;;, <w "t.-
.... " .... :. t:: ,i •. * c 
tt9tf,;t Ilf IIp<, .~l'!'l'vt.ttr", 
'13 
JUL 15 P 6 :19 
PROVIDING 
FOR 
THE 
PRESERVATION, 
REFORESTATION 
AND 
SUSTAINABLE 
DEVELOPMENT 
OF 
ALL 
PHILIPPINE 
MANGROVE 
RESOURCES, DEFINING FOR THAT PURPOSE THE ACTS PROHIBITED 
WITHIN MANGROVE FORESTS, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. • This Act shall be known as "The Mangrove 
Forest Protection and Preservation Act". 
SEC. 2. Declaration of Policy. The State shall protect and advance to 
right of the people to a balanced and healthful ecology in accord with the rhythm 
and harmony of nature. Towards this end, the State shall establish measures that 
\ 
safeguard the eeufltry's mangmve reseurees fmm destruetien, expleitatien and 
unregulated removal and bring an end to activities which cause the destruction of 
these resources. Further, in recognition of the important ecological role of our 
mangrove resources as habitat for various marine and estuarine animals, for 
water quality maintenance and as food-web support, the State shall hereby 
endeavor to maintain the natural diversity of animals and plants found in the 
mangrove areas. Thus, the State hereby undertakes to ensure the preservation, 
reforestation and sustainable development of the mangrove resources through 
the establishment of reservation areas exclusively for mangrove forests, 
SEC. 3. Definition of Terms. 
a. 
Coastal areas - refer to the band of dry land and adjacent ocean 
space in which terrestrial processes and uses directly affect oceanic 
processes and uses, and vice versa, its geographic extent may 
include areas within a landmark limit of one kilometer from the 
shoreline at high tide to include mangrove swamps, brackish water 
ponds, nipa swamps, estuarine rivers, sandy beaches and other 
areas within a seaward limit of two hundred (200) meters isobath to 
include coral reeds, algal flats, seagrass beds, and other soft-bottom 
areas; 
b. 
Mangrove forest - a type of forest occurring on a tidal flat along the 
sea coast, extending along streams where the water is brackish; 
1 


c. 
Reservation areas - portions of coastal areas which have been set 
aside exclusively for reforestation, conservation, and preservation 
purposes; and, 
d. 
Reforestation - the planting of mangrove trees along the denuded 
coastal areas. 
SEC. 4. Establishment of Mangrove Reservation Areas. - There shall 
I 
be established and set aside in all municipalities with coastal areas within the 
Philippines portions of land solely for the preservation, protection, reforestation, 
and sustainable management of mangrove forests to be known as Mangrove 
Reservation areas. All existing mangrove forest reserves declared as such under 
Presidential Proclamation 2152 and all other areas that may hereinafter be 
declared as such pursuant to a law or executive order shall automatically form 
part of said reservation areas. 
SEC. 5. Establishment and Composition of the National Council for 
the Preservation of Mangrove Forests. - There is hereby established a 
National Council for the Preservation of Mangrove Forests, hereinafter referred to 
as the National Council, which shall be attached agency of the Department of 
Environment and Natural Resources (DENR). 
The National Council shall be composed often (10) members consisting of: 
(1) 
the Secretary of the DENR who shall act as Chairman; 
(2) 
the Secretary of the Department of Agriculture (DA) who shall act as 
vice-chairman; 
-
(3) 
the Secretary of the Department of SCience and Technology (DOST); 
(4) the Director of the Bureau of Fisheries and AQuatic Resources 
(BFAR); 
(5) 
the Director of the Forest Management Bureau (FMB) of the DENR; 
(6) the Director of the Ecosystem and Research Development Bureau 
(ERDB); 
(7) 
the Administrator of the National Mapping and Resources Information 
Authority (NAMRIA); 
(8) 
a representative from the academe to be appointed by the PreSident; 
(9) 
a representative from the research institutions conducting researches 
on sustainable mangrove forest management to be appointed by the 
President; and, 
(10) a representative from a non-government organization (NGO) 
conducting programs on sustainable mangrove forest management 
to be appointed by the President. 
SEC. 6. Powers and Functions of the National Council. - The National 
Council shall have the following powers and functions: 
(1) Review existing, relevant policies and conduct studies on mangrove forest 
and its preservation; 
(2) Prepare a comprehensive program for the preservation, reforestation, and 
sustainable development of mangrove forests; 
(3) Establish the guidelines in identifying'the coastal areas which shall form 
part of the mangrove reservation areas; 
2 


(4) Identify and delineate the boundaries of the coastal areas which shall form 
part of the mangrove reservation areas; 
(5) Exercise control and supervision over all the local councils; and, 
(6) Promulgate the necessary rules and regulations to carry out the prOVisions 
ofthisAet. 
SEC. 7. The Local Councils for the Preservation of Mangrove 
Forests. - A local council for the preservation of mangrove forests, hereinafter 
referred to as the Local Council, shall be established in each of the municipalities 
where a mangrove reservation area has been identified. Each Local Council shall 
be chaired by the Regional Executive Director of the DENR under whose 
jurisdiction the reservation area is located, with the following members: 
(1) A member of the municipal council ofthe municipality concerned; 
(2) A member of the barangay council from each barangay under whose 
territory the reservation area is located; and, 
(3) A representative from an accredited non-governmental organization 
(NGO) involved in environmental advocacy. 
SEC. 8. Powers and Funcrions of the Local Council. " The local council 
shall exercise the following powers and functions: 
(1) Implement and enforce all the programs and policies laid down by the 
National Council; 
(2) Carry out the general administration and day-to-day planning of the 
program; 
(3) Secure the mangrove reservation area from illegal and destructive 
activities which would endanger the successful implementation and 
viability of the program; 
(4) Engage the services of forest guards who shall be tasked to guard and 
police the areas and arrest those caught in violation of the provisions of 
this Act; 
(5) Provide the forest guards the necessary skills and knowledge training and 
support; 
-
-
-
(6) Conduct periodic consultations with the appropriate local government unit, 
nongovernmental and people's organizations and other concerned 
sectors of the community on issues, concerns and projects affecting the 
mangrove reserves in the locality; and, 
(7) Such other powers and functions as may be designated by the National 
Council. 
SEC. 9. Mandatory Prior Consultation. - No project or program that may 
cause pollution, destruction or loss of mangrove forests or extinction of marine 
and estuarine plant and animal species shall be implemented by the National or 
3 


Local Council without prior consultations with the local government unit 
concerned, non-governmental or people's organizations, and other sectors 
concerned to explain the objectives of the project or program, its impact on the 
l 
people and the community in terms of eoologioal balanoe, and the measures that 
will be undertaken to prevent the adverse effects thereof; provided, that the prior 
approval of the Sanggunian concerned shall be obtained in accordance with the 
provisions of Republic Act 7'610. 
SEC. 10. Prohibited Acts. - The, following acts are hereby prohibited 
within the mangrove reservation areas: 
(a) Cutting, uprooting, destroying or gathering any mangrove tree or any 
mangrove forest products; 
(b) Dumping of waste; 
(c) Construction or reclamation activity without the necessary license, permit, 
or authority; 
(d) Illegal fishing activities that will result in the damage and destruction of the 
mangrove forest; 
(e) Conversion of mangrove reservation areas into fishponds or for any other 
purpose; and, 
(f) Other acts or activities that will result in the damage and/or destruction of 
the mangrove forest, as determined by the Local Council concerned. 
SEC. 11. Penalties" Any person, natural or juridical, found guilty of 
violating any of the provisions of this Act or the rules and regulations issued by 
the National Council, shall, after due notice and public hearing by the regular 
courts of competent jurisdiction, be fined in the amount of not less than One 
Hundred thousand pesos (PhP100,OOO.OO) but not more than One million pesos 
(PhP1,OOO,OOO.OO) or imprisonment for not less than one (1) year but not more 
than six (6) years, or both, at the discretion of the Court; provided that, if the area 
requires rehabilitation or restoration as determined by the Court, the offender 
shall also be required to restore or compensate for the restoration of the damage. 
If the offender is an association or corporation, the President or Manager and the 
officer who has direct knowledge over the offense shall be held liable under this 
Act. 
SEC. 
12. Appropriations. The amount needed 
for the 
initial 
implementation of this Act shall be charged against the current appropriations of 
the Department of Environment and Natural Resources. Thereafter, such amount 
necessary for the continued and effective implementation of the provisions of this 
Act shall be included in the General Appropriations Act the year following its 
enactment. 
SEC. 13. Separability Clause. - If, for any reason, any section or 
provision of this Act shall be held unconstitutional or invalid, the other section or 
provision not otherwise affected shall remain in full 'force and effect. 
4 


. i 
• 
SEC. 14. Repealing Clause. - All laws, presidential decrees, executive 
orders, proclamations, rules and regulations which are inconsistent with the 
provisions of this Act hereby repealed or modified accordingly_ 
SEC. 15. Effectivity Clause. - This Act shall take effect fifteen (15) days 
from its publication in the Official Gazette or in at least two (2) newspapers of 
general circulation. 
Approved, 
5 
I