Republic of the Philippines
HOUSH 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
House Bill No.
T",E;Zap
Introduced by HON. RAYMOND DEMOCRITO C. MHNDOZA and
HON. MA. ALANA SAMANTHA TALINO SANTOS
EXPLANATORY NOTH
This Act recognizes the ecological functions of healthy peatlands, specifically in terms of its
contributions to mitigating the impacts of climate change and increasing community resilience
to the more frequent and intense natural hazards brought about by the changing climate. It seeks
to manage, conserve and protect all peatlands and peatland resources nationwide so as to ensure
that these ecosystem beneflts are provided and sustained for future generations.
Specifically, this measure will also heighten efforts in raising awareness on the importance of
peatlands, particularly in terms of climate change mitigation and adaptation. Furthermore, this
Bill will be the driving force to achieve the long-term vision of our Philippine Development
Plan  2017-2022  in  ensuring  ecological  integrity  by  improving  and  strengthening  peatland
conservation and management in the country. It will also ensure that the country can contribute
to  achieving  global  targets  on  biodiversity,   forestry,  combatting  land  degradation  and
desertification,  and  sustainable  water  use,  as  well  as  on  climate  change  adaptation  and
mitigation, and disaster risk reduction and management.
Peatlands are wetland ecosystems that are characterized by the accumulation of organic matter
called peat which is derived from dead and decaying plant material under high water saturation
conditions (CC-GAP, 2005). They are unique natural ecosystems which have key values for
biodiversity  conservation,  water  and  climate  regulation,  and  support  for  human  welfare,
including as source of raw materials for livelihoods and health. If kept wet and intact, peatlands
can be considered as one of the most valuable among all wetland and terrestrial ecosystems.
They are the world's significant carbon sink. Once drained and degraded, however, peatlands
become susceptible to fire and become source of carbon and green house gas emissions.
According  to  the  DENR,  about  20,000  hectares  of peatlands  have  been  recorded  in  the
Philippines. There are confirmed peatlands in Tan-ag Ilaya in Quezon Province, Sab-a in Leyte,
San Teodoro and San Vicente Peatlands in Agusan del Sun, and the Agusan Marsh peatlands
in  Talacogon,  Caimpugan,  Novele,  Bayugan  Ill,  Kalingayan-Consuelo  and  Pag-asa.  Other
lesser known and relatively smaller areas of peatlands are in Mindoro, Salnar and Quezon. The
unexplored swamps and marshlands of Ligawasan are also suspected to contain considerable
anount of peat.
Peatlands in the Philippines are considered relatively small compared to  other countries in
Southeast Asia  such as  in Malaysia and  Indonesia.  However,  regardless  of how small  our
peatlands are, their globally significant role in the storage and sequestration of carbon should
not be ignored.


To date, the country do not have a law that deals directly on peatlands, nor particularly on their
conservation and  sustainable use.  Of the nine  (9) peatlands recorded  in the  2016 Atlas  of
Philippine Inland Wetlands and Classified Caves, only the Caimpugan Peat Swamp Forest in
Agusan Marsh Wildlife Sanctuary is protected under the National Integrated Protected under
the National Integrated Protected Area System (NIPAS) Act,  as amended by Republic Act
11038 Expanded National Integrated Protected Areas System (ENIPAS) Act of 2018. It is also
the only remaining known intact peat swamp forest in the country.
The Philippines, being an ASEAN Member State (AMS), concur to the ASEAN Agreement on
Transboundary Haze Pollution (AATHP), under of which, is the sustainable management of
peatlands  for peatland fire prevention,  as  embodied in the  ASEAN  Peatland Management
Strategy.  The  APMS  recommends  that  AMS  should  develop  or  strengthen  policies  and
legislation to protect peatlands and reduce occurrence of peatland fires.
The Philippines, is also a signatory to the Convention on Wetlands, also known as the Ramsar
Convention. Recognizing the importance of peatlands, the Ramsar Convention provides its
Contracting  Parties  with  several  guidances  on  peatland  restoration  and  conservation,  and
identifies  peatlands  as  part  of the  criteria  for  identification  of wetlands  of international
significance through the Ramsar Site network.  One such Ramsar Site with peatland in the
country  is the  Agusan Marsh Wildlife  Sanctuary,  which has more than  12,000 hectares  of
peatlands within and adjacent to its boundaries.
Due to the  fundamental  lack of awareness on peatlands,  its characteristics and appropriate
management strategies, peatlands have been a common target for agricultural development and
oil  palm  plantations.  This  subsequently  drains  and  damages  the  features  that  make  them
globally-important carbon sinks. Peatlands previously used for agricultural puiposes now lay
abandoned  after  finding  out  too  late  that  these  peatlands  are  unsuitable  for planting  rice.
Peatland degradation did notjust result to decline in biodiversity, many areas that were drained
suffered from land subsidence and became fire prone.
This legislative measure seeks to guide all concerned national government agencies and local
government  units  in  adjusting  their  sectoral  or  local  policies,  plans  and  programs  to  be
consistent with protection and conservation of peatlands. This Bill will be the driving force to
achieve  the  long-term  vision  of our  Philippine  Development  Plan  2017-2022  in  ensuring
ecological integrity. This will also support the country in achieving our commitments to various
intemational  agreements,  particularly  to  the  Convention  on  Wetlands,  UN  Convention  on
Biological  Diversity,  UN  Convention  of Migratory  Species,  UN  Convention  to  Combat
hifii-i--iii..-iiiiil[.I-iiEi-iii-i-.--iii-ii:==I


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
Hous`e-BillNo.5083
Introduced by HON. RAYMOND DEMOCRITO C. MENDOZA and
HON. MA. ALANA SAMANTHA TALIN0 SANTOS
AN ACT PROMOTING THE CONSERVATION, PROTECTION AND
SUSTAINABLE USE 0F PEATLANDS AND ITS RESOURCES, TO
ENHANCE CLIMATE RESILIENCY AND FOR OTHER PURPOSES
Be it enacted by the Senate and  House of Representatives of the  Philippines in Congress
assembled:
SECTION 1.  Short Title. - This Act shall be known as the "National Peatland and
Peatland Resources Act of 2022''.
SECTION 2. Declaration of Policy. - It is the policy of the State to promote the
conservation  and  sustainable  development  of peatland  and  peatland  resources  and
enhance the resilience of the  Filipino people towards  climate  change adaptation and
mitigation, and disaster risk reduction and management consistent with the principles
of  sustainable   development,   inclusive   economic   development,   poverty   reduction,
biodiversity conservation; while advancing the right to a balanced and healthful ecology
in accordance with the harmony and rhythm of nature.
SECTION  3.    Coverage.  -  This  Act  shall  apply  to  all  peatland  and  peatland
resources nationwide within public and private lands.
SECTION 4.   Deflnition of Terms. - The following terms shall be construed to
mean as:
a.     C/I.mcrfe  Change  refers  to  a  change  in  climate  that  can  be  identified  by
changes in the mean and/or variability of its properties and that persists for
an  extended  period  typically  decades  or  longer,  whether  due  to  natural
variability or as a result of human activity.
b.     Disaster Risk Reduction  and  Management CDEtRM)  refeTs  to  the  systemaLtic
process  of using  administrative  directives,  organizations,  and  operational


skills and capacities to implement strategies, policies and improved coping
capacities  in  order  to  lessen  the  adverse  impacts  of  hazards  and  the
possibility of disaster. Prospective Disaster Risk Reduction and Management
refers to risk reduction and management activities that address and seek to
avoid the development of new or increased disaster risks, especially if risk
reduction policies are not put in place.
c.     Hi.gh conservaci.on va/ue refers to the biological, ecological, social or cultural
values of outstanding significance at the national, regional or global level or
of critical importance at the local level;
d.     La/]d use pJam].r}g refers to the rational and judicious approach of allocating
available land resources to different land - using activities, (e.g. agricultural,
residential, industrial) and for different functions consistent with the overall
development vision/goal of a particular locality;
e.     Peat  refers  to  dead  and  partially  decomposed  plant  material  that  have
accumulated under high water saturation  or waterlogged conditions.  Peat
soil is defined using the definition of histosol (organic soil) which are soils
with  cumulative  organic  layer(s)  comprising more than  half of the  upper
80cm of the soil surface containing 35% or more organic matter (35% or
more loss on ignition) or 18% or more organic carbon;
f.     Peacswamp/orest refers to a type of peatland that has forest cover and can
be found in certain areas in the tropical regions of the world including the
Philippines;
9.     PeatJa/7ds refers to wetland ecosystems characterized by the accumulation
of peat  at the  surfaceand  subsurface  of the  soil.  Major  characteristics  of
peatlands are the presence of peat, and permanent water logging. Peatlands
may have vegetation in the form of trees, shrubs, grasses, and mosses;
h.     ProfectedArea refers to identified portions of land and/or water set aside by
reason  of  their  unique  physical  and  biological  significance,  managed  to
enhance   biological   diversity   and   protected   against   destructive   human
exploitation;
i.      Ri.pari.an  area  or  zone refers  to  land  that  occurs  along watercourses  and
water bodies  and  are  composed  of moist to  saturated  soils,  water-loving
plant   species   and   their   associated   ecosystems.   This   may   be   found
surrounding lakes, or along estuaries, streams and rivers and coasts;
j.      Subsl'dence refers to the lowering or collapse of the ground level that results
from draining water from peatlands and/or due to fire incidence;
k.     WecJands  refer  to  a  wide  variety  of  areas  such  as  natural  pools/ponds,
springs,  freshwater  swamps/marshes,  peatlands,  floodplains,  rivers  and
lakes, and coastal areas such as estuaries, saltmarshes, mangroves, lagoons,
intertidal  flats  and  seagrass  beds,  and  also  coral  reefs  and  other  marine
areas  no  deeper  than  six  meters  at  low  tide,  as  well  as  human-made


wetlands  such  as  dams,  reservoirs,  rice paddies,  fish  ponds,  saltpans,  and
wastewater treatment ponds,.
I.      Wi.se Llse refers to the maintenance of the ecological character of peatlands,
achieved through the implementation of ecosystem approaches, within the
context of sustainable development.
SECTION  5.  Implementing  and  Monitoring Agencies.  -  The  Department  of
Environment  and  Natural  Resources  (DENR)  through  the  Biodiversity  Management
Bureau,   shall   be   the   lead   agency   in   monitoring   of  overall   implementation   and
compliance with this Act. The Department of the Interior and Local Government (DILG)
through   the    Bureau    of   Local    Government   Supervision    shall    support   in    the
implementation of this Act, in coordination with Department of Agriculture - Bureau of
Soils  and Water Management,  Philippine Atmospheric,  Geophysical  and Astronomical
Services Administration,  Department of Agrarian  Reform,  Bureau of Fire  Protection  -
DILG,  Bureau of Local Government Development - DILG,  Department of Public Works
and  Highway,  National  Water  Resources  Board,  National  Museum,  concerned  DENR
Offices,  academe,  and  concerned  Local  Government Units  for specific  peatland  areas,
and concerned non-government organizations.
The  DENR with  the  coordinating agencies  shall  exercise  the  following powers
and functions within their mandates: formulate, implement and monitor policies, rules,
ordinances regulations, plans and programs;  enter into partnership and engagements
with  interested  partners;  develop  best  practices  on  the  wise  use  of peatland  areas;
communication education public awareness;  and convene regular meetings to  update
and share technical progress report to be shared among the coordinating agencies
SECTION  6.  Role  of  Local  Government  Units.   -  The  municipal,   city,   or
provincial  Local  Government having territorial jurisdiction  over the  peatland  and its
resources   shall   prioritize   peatland   for   protection   under  the   National   Integrated
Protected Area System (NIPAS), as amended by RA 11038, or declared as critical habitat
under  the  Wildlife  Act,  or  as  local  conservation  area  or  other  effective  area-based
conservation  measures  through  the  ordinances  of LGUs.  They  shall  also  include  the
protection   and   conservation   of  peatland   and   its   resources   to   their   respective
Comprehensive    Land    Use    Plans    (CLUPs),    Local    Disaster    Risk    Reduction    and
Management Plans  (LDRRMPs),  Local Climate Change Adaptation Plans  (LCCAPs)  and
other plans  in  consultation with  concerned  agencies.  They shall  coordinate with the
DENR and DILG in monitoring of peatland and its resources within their jurisdiction and
in compliance of this Act.
SECTION  7.  Integration  and  Mainstreaming  of  Peatland  Protection  and
Sustainable Use.  - All government agencies  and  offices,  and  local  government units
(LGUs)  shall  integrate  and  mainstream  peatland  protection  and  sustainable  use  into
their  plans,  policies,  ordinances  and  rules  and  regulations,  programs,  projects,  and
development planning processes. Peatland conservation targets shall be identified in all
plans  related to  biodiversity,  forestry,  land  degradation,  climate  change  and  disaster
risk reduction and management, as applicable. Concerned local government units shall
also directly consult with the DENR and affected communities in the development and


implementation  of their  plans,  programs  and  projects  within,  or  having  impact,  on
peatlands.
SECTION 8. Development of a National Peatland Conservation Program. -  A
National   Peatland   Conservation   Program   shall   be   developed   by   the   DENR,   in
coordination with other concerned agencies, sectors, and stakeholders, within one year
from the effectivity of this Act to provide direction, support and guidance to the local
government units  (LGU)  and stakeholders in the development and implementation of
their   local   peatland   conservation   programs.   The   National   Peatland   Conservation
Program  shall  define  national  targets  for  the  conservation  of  peatlands  and  the
development of its national coordinating mechanism.
The Program shall include, but not be limited to the following strategies:
1.   Inventory, mapping, delineation, assessment and monitoring of peatlands. All
peatlands   in   the   country   shall   be   inventoried   and   assessed.   Peatland
assessment  including  bio-capacity,  carrying  capacity,  carbon  storage  and
ecosystem services assessment and valuation of peatland ecosystems shall be
conducted to  measure the full extent of its value and guide agencies  on its
conservation and sustainable use.
2.   Restoration and rrehabilitation of degraded peatlands. Nature-based solutions
shall be primarily employed in the restoration of the ecosystem services lost
from peatland degradation.
3.   Regulation   against  peatland   drainage,   conversion   and   reclamation,   peat
extraction and deliberate setting of fire within the peatland or immediately
adjacent areas that may affect the peatland
4.   Enforcement  of  legal  easement  zones,  dangers  zones  and  other  land  use
setbacks.   All   concerned   government   agencies   and   LGUs   shall   strictly
implement land use setback provisions imposed by law.
5.   Peat fire early warning systems, prevention, control and monitoring.
6.   Research,   development,   and   extension.   Extensive   researches   that   will
determine  the  value  of peatlands  and  peatland  resources  as  well  as  best
practices  that  will  sustain  these  values  shall  be  encouraged.  The  use  of
innovative technologies  on  sustainable peatland management and practices
on  peatland  ecosystem-based  adaptation  shall  also  be  promoted  and  made
accessible particularly to vulnerable communities.
7.   Assessment of vulnerability to climate change and disaster risk management
8.   Peatland carbon stock assessment, accounting, verification and crediting. The
nationwide  assessment of carbon  stocks  shall be  completed  three  (3)years
after the completion of a national peatland inventory.


9.    Assessment  and  monitoring  of greenhouse  gas  flux.  Results  of nationwide
assess met of GHG fluxes from peatlands shall be contributed to the biennial
update reports (BUR) submitted to the UN Framework Convention on Climate
Change.
10. Knowledge management and peatland information system
11. Implementation of soil and water conservation technologies
12. Measures to address invasive alien species
13.Establishment   and   promotion   of   peatland   best   management   practices
(including Public-Private Partnership)
14. Communication,  education,  participation,  capacity-building  and  awareness
Program
15. Collaboration with Indigenous and local communities in the management and
wise use of the peatlands
16. Integration of local and traditional ecological knowledge and practices with
science-based knowledge systems
17. Requiring  environmental  impact  assessments  for  any  development activity
proposed  within  the  peatland  of  adjacent  areas  or  the  catchment  of  the
peatland which may potentially have a negative impact on the peatland
SECTION  9.    Land  Classification  of Peatland.  -  All  areas  which  have  been
classified and released as agricultural land but that are currently or formerly may have
been  identified  as  peatland  even  if they  have  been  subsequently  degraded  shall  be
reverted to either forest land or protected area The appropriate implementing agency
shall immediately initiate the expropriation proceedings before the proper court under
the existing law.
SECTION 10. Prohibited acts. (c/o proponent. Suggestion to include intentional
draining and conversion to unsustainable agriculture, deliberate setting of fire, mining
or extraction of peat soil, unpermitted construction of permanent structures as the key
prohibited  acts.  Other  prohibited  acts  are  provided  under  the  NIPAS/ENIPAS  Act,
Wildlife Act, Water Code and Clean Water Act, as applicable)
SECTION    11. Reporting   Responsibility. -The    DENR   Regional    Executive
Director,  under  whose  jurisdiction  the  peatland  is  located,  shall  submit  an  annual
accomplishment report on their peatlands to the  Secretary of the  DENR through the
BMB.  The  report  shall  also  include  the  conditions  and  benefits  of  the  biological
resources and ecosystem services of the peatland to be submitted by the RED, through
channels, to the Secretary of the DENR every five (5) years. Consequently, the BMB shall
likewise  prepare  a report on the  implementation  of the  National Action  Plan  for the
Protection and Sustainable Use of Philippine Peatlands (NAPP) every five (5) years and
shall submit the same to the President.The country report on the status of peatlands


shall also  inform the  updating of national action plans  on biodiversity,  forestry,  land
degradation,  climate  change  and  disaster  risk  reduction  and  management,  among
others.
SECTION 12. Appropriations. - The amounts necessary to implement this Act
during the first year of implementation shall be sourced from the DENR.    Thereafter,
such  amounts  necessary  to  effectively  carry  out  the  provisions  of this  Act  shall  be
included in the General Appropriations Act.
SECTION  13.  Implementing Rules and  Regulations  (IRR).  -   The  DENR,  in
close  coordination  with  concerned  agencies,  shall,  within  six  (6)  months  from  the
effectivity of this Act, issue rules and regulations necessary to implement the provisions
hereof.
SECTION  14.   Separability Clause.  -  If any  provision  of this Act is  declared
unconstitutional  or  invalid,  any  part  or  provisions  hereof not  affected  thereby shall
continue to be in full force and effect.
SECTION 15.  Repealing Clause. -  All laws, decrees, executive orders, rules and
regulations or parts thereof which are contrary or inconsistent with this Act are hereby
repealed or modified accordingly.
SECTION 16. Effectivity. - This Act shall take effect fifteen  (15)  days following
its  publication  in  the  O#ci.crJ Gazette  or  in  at  least  two  (2)  newspapers  of general
circulation.
Approved,