EIGHTEENTH CONGRESS OF THE ) 
SENATE OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE 
S. No. 
1 4 8
' 
M / ‘
o f tip. 
’ 
r f T j  y
'19 JUL -2 All :20
RECEIVED L)V
Introduced by SENATOR CYNTHIA A. VILLAR
AN ACT
PROVIDING 
FOR 
THE 
PRESERVATION, 
REFORESTATION, 
AFFORESTATION AND SUSTAINABLE DEVELOPMENT OF MANGROVE 
FORESTS IN  THE PHILIPPINES, PROVIDING PENALTIES THEREFOR
AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Mangrove forests are considered one of the most productive and fertile 
ecosystems in the world. Many of our people living in coastal communities lived, 
fished and hunted in the mangroves for ages, deriving from them important 
commodities such as food, fuel, timber, medicine and building materials. Mangrove 
forests also served as "shelterbelt" because they can cushion the impact of strong 
winds and provide protection against soil erosion. With its extensive air root system, 
mangrove forests are able to stabilize shorelines and protect inshore nutrients from 
adjacent areas. More important, mangrove forests serve as natural nurseries or 
breeding places for a large number of commercially important marine species.
Through the years, we have witnessed the rapid decline of our mangrove 
forests, which could be attributed to the "open access" of the present system that 
causes the over-population of resources found within the forests. This is intensified


by the lack of technical understanding of management, especially among local 
government executives and community residents living along the coasts.
This measure proposes to establish reservation areas in all coastal areas in 
each municipality of the country solely for the preservation, protection, reforestation, 
afforestation and sustainable development of mangrove forests. 
In setting aside 
portions of land for mangroves, we can ensure that our people will continue to enjoy 
the benefits accorded by this important ecosystem. This bill will also penalize the 
destruction and cutting of mangrove trees, as well as the dumping of waste products 
within the reservation areas. Furthermore, the measure makes the offender pay for 
the expenses that will be incurred for the restoration or rehabilitation of the 
mangrove areas that will be damaged or destroyed.
In view thereof, early approval of this bill is earnestly recommended.
C Y N T H IA  A. V IL L A R


EIGHTEENTH CONGRESS OF THE ) 
SENATE OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. No. 148
' 
o i tii?  %■' 
. i.ir p
•19 JUL -2 All :20
RECEIVED B.
Introduced by SENATOR CYNTHIA A. VILLAR
AN ACT
PROVIDING 
FOR 
THE 
PRESERVATION, 
REFORESTATION, 
AFFORESTATION AND SUSTAINABLE DEVELOPMENT OF MANGROVE 
FORESTS IN  THE PHILIPPINES, PROVIDING PENALTIES THEREFOR
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
1 
SECTION 1. 
Title. 
-  This Act shall be known as the "National Mangrove
2 
Forest Protection and Preservation Act of 2019."
3
4
5
6
SEC. 2. Declaration o f Policy. -  It is hereby declared the policy of the State 
to protect and preserve the country's natural resources. 
Towards this end, the 
preservation, reforestation, afforestation and sustainable development of the 
mangrove forests shall be pursued through the establishment of reservation areas 
exclusively for mangrove trees.
8 
SEC. 3. 
Definition o f Terms. -  For purposes of this Act, the following
9 
terms shall mean:


1 
(a) 
"Afforestation" refers to the establishment of a mangrove forest in an
2 
area that did not carry such forest within the past fifty (50) years or within living
3 
memory;
4
5
6
7
8 
9
10
11
(b) 
"Coastal areas" refers to the band of dry land and adjacent ocean 
space (water and submerged land) 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 (1) 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 reefs, algae flats, seagrass beds and other soft bottom
areas;
12 
(c) "Mangrove f o r e s t ' t o  a type of forest occurring on a tidal flat
13 
along the sea coast, extending along streams where the water is brackish;
14 
(d) 
"Reservation areas" refers to portions of coastal areas which have
15 
been set 
aside exclusively for reforestation, afforestation, conservation and
16 
preservation purposes; and
12 
(e) 
"Reforestation/rshaII refer to the planting of mangrove trees along the
18 
denuded coastal areas.
19 
SEC. 4. 
Establishment o f Mangrove Reservation Areas. -  There shall be
20 
established and set aside in all coastal areas in each municipality within the
21 
Philippine portions of land solely for the preservation, protection, reforestation,
22 
afforestation and sustainable management of mangrove forests. 
All existing
23 
mangrove forests shall automatically form part of the reservation areas.
24 
SEC. 5. 
Establishment o f the National Council for the Preservation o f
25 
Mangrove Forests. -  There is hereby established a National Council for the
26 
Preservation of Mangrove Forests, hereinafter referred to as the National Council,


1 
which shall be an attached agency of the Department of Environment and Natural
2 
Resources (DENR).
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21
22
23
24
25
26 
27
The National Council shall be composed of twelve (12) members consisting of 
the following:
(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 Interior and Local Government 
(DILG);
(4) 
The Secretary of the Department of Science and Technology (DOSIO;
(5) 
The Director-General of the National Economic Development Authority 
(NEDA);
(6) 
The Director of the Bureau of Fisheries and Aquatic Resources (BFAR) 
of the DA;
(7) 
The Director of the Forest Management Bureau (FMB) of the DENR;
(8) 
The Director of the Ecosystem and Research Development Bureau 
(ERDB) of the DENR;
(9) 
The Administrator of the National Mapping and Resources Information 
authority (NAMRIA);
(10) 
A representative from the academe to be appointed by the President 
of the Philippines;
(11) 
A representative from the research institutions conducting researches 
on sustainable mangrove forest management to be appointed by the 
President of the Philippines; and
(12) 
A representative from an accredited non-government organization 
(NGOs) 
conducting 
programs 
on 
sustainable 
mangrove 
forest 
management to be appointed by the President of the Philippines.


1 
SEC. 6. 
Powers and Functions o f die National Council. -  The National
2 
Council shall have the following powers and functions:
3 
(1) 
To review existing relevant policies and conduct studies on mangrove
4 
forest and its preservation;
5 
(2) 
To 
prepare 
a 
comprehensive 
program 
for 
the 
preservation,
6 
reforestation, afforestation and sustainable development of mangrove forests;
7 
(3) 
To establish the guidelines in identifying the areas to be declared as
8 
mangrove forest reservations;
9 
(4) 
To identify and delineate the boundaries of coastal areas which shall
10 
form part of the mangrove reservation areas;
11 
(5) 
To exercise control and supervision over all the local councils; and
12 
(6) 
To promulgate the rules and regulations necessary to carry out the
13 
provisions of this Act;
14 
SEC. 7. 
The Local Council for the Preservation o f Mangrove Forests. -  A
15 
local council for the preservation of mangrove forests, hereinafter referred to as the
16 
Local Council, shall be established in each of the municipalities where a mangrove
17 
reservation area has been identified, for each of the municipality where a
18 
reservation area has been identified. 
Each Local Council shall be chaired by the
19 
Regional Executive Director of the DENR under whose jurisdiction the reservation
20 
area is located, with the following members: (a) a representative of the municipal
21 
government concerned; (b) a representative each from the barangays under whose
22 
territory the reservation area is located; 
(c) a representative from an accredited
23 
non-governmental organization (NGO); and (d) a representative from the private
24 
sector.
25 
SEC. 8. 
The Powers and Functions o f the Local Council. -  The Local Council
26 
shall have the following powers and functions:
27 
(1) 
To implement and enforce all the programs and policies laid down by
28 
the National Council;


1 
(2) 
To carry out the general administration and day to day planning of the
2 
Program;
3 
(3) 
To secure the mangrove reservation area from illegal and destructive
4 
activities which would endanger the successful implementation and viability of the
5 
program; and
6 
(4) 
To perform such other powers and functions as may be designated by
7 
the National Council.
8 
In order to secure the mangrove reservation area from illegal and destructive
9 
activities, the Local Council and the local government, under whose jurisdiction the
10 
reservation area is located, shall employ the services of forest guards who shall be
11 
tasked with the responsibility to guard and police the areas. They shall have the
12 
authority to arrest those caught violating the provisions of this Act and the rules and
13 
regulations issued pursuant thereto.
14 
In the event that any of the forest guards are found to be guilty of
15 
nonfeasance, misfeasance or malfeasance, the forest guard or guards concerned
16 
and the officials of the Local Council and the local government, by virtue of the
17 
principle of command responsibility, shall be held liable for such violations and shall
18 
be prosecuted in accordance with the provisions of this Act without prejudice to any
19 
criminal and/or liabilities provided for under existing laws of the country.
20 
SEC. 9. 
Prohibited Acts. -  The following acts are hereby prohibited within
21 
the mangrove reservation areas:
22 
(a) 
Cutting, uprooting or destroying any mangrove tree;
23 
(b) 
Dumping of waste;
24 
(c) 
Construction or reclamation activity;


2
3
4
1
(d) 
Illegal fishing activities that will result in the damaging and destruction 
of the mangrove forest; and
(e) 
Other acts or activities that will result in the damage and/or 
destruction of the mangrove forest.
5 
SEC. 10. 
Penalties. -  Any person, natural or juridical, found guilty of
6 
violating any provisions of this Act or the rules and regulations issued by the
7 
National Council, shall, after due notice and public hearing by the regular courts of
8 
competent jurisdiction, be fined in the amount of not less than Two hundred
9 
thousand 
pesos 
(PhP200,000.00) 
but 
not 
more 
than 
One 
million 
pesos
10 
(PhPl,000,000.00) or imprisonment for not less than one (1) year but not more than
11 
six (6) years, or both, at the discretion of the Court: 
Provided, That if the area
12 
requires rehabilitation or restoration as determined by the Court, the offender shall
13 
also be required to restore or compensate for the restoration of the damage.
14 
If the offender is an association or corporation, the president or manager and
15 
the officer who has direct knowledge over the offense shall be held liable under this
16 
Act.
17
18
19
20 
21 
22
23
24
25
26
27
28 
29
Sec. 13. 
Implementing Rules and Regulations. -  Within ninety (90) days 
from the effectivity of this Act, the Department of Environment and Natural 
Resources (DENR), in coordination with the Department of the Interior and Local 
Government (DILb) and other relevant stakeholders, 
shall 
promulgate the 
implementing rules and regulations as may be necessary to carry out the provisions 
of this Act.
Sec. 11. Appropriations. -  The amount needed for the initial implementation 
of this Act shall be taken from the current year's appropriations of the Department of 
Environment and Natural Resources (DENR). 
Thereafter, such sums as may be 
necessary for its continued implementation shall be included in the annual General 
Appropriations Act.


1 
Sec. 12. Separability Clause. -  If any portion or provision of this Act is
2 
declared unconstitutional or invalid, the remainder of this Act or any provisions
3 
hereof not affected thereby shall continue to be in force and effect.
4 
Sec. 13. Repealing Clause. -  Any law, presidential decree or issuance,
5 
executive order, letter of instruction, rule or regulation inconsistent or contrary to
6 
the provisions of this Act is hereby repealed or modified accordingly.
7 
Sec. 14. Effectivity. -This Act shall take effect after fifteen (15) days following
8 
its complete publication in the Official Gazette or a newspaper of general circulation.
Approved,