Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
‘Second Regular Session

House Bill No. 7825

Introduced by Representatives John Marvin “Yul Servo” Nieto, Edw:
Maceda, Eric M. Martinez, Federico Il "Ricky" S. Sandoval, Dale "Along" R.
Mal and Eric L. Olivarez

EXPLANATORY NOTE

As a manifestation of support to this timely piece of legislation, this representation
respectfully refiles this bill, which has constantly been receiving support from the past and
present (Rep. Gary C. Alejano’s HBO1509, Rep. Gloria Macapagal-Arroyo’s HB01525, and
Rep. Emmeline Aglipay-Villar’s HB03260) congress.

Given the ecological and economic benefits of mangroves it should be the policy of the state
to protect and preserve mangroves forests in the country. Mangroves also provide a means to
effectively combat climate change as they prevent erosion and store carbon in their sediments.
Despite the effort of the government and other concemed societal sectors on this matter, much
‘more needs to be done as studies have shown that the number of mangrove forests has been
steadily decreasing throughout the years.

‘The proposed measure seeks to further improve the protection and preservation of mangrove
forests in the country by establishing a mechanism that can help rehabilitate public forest
lands and restore areas presently denuded and eroded to become living thriving forest
reserves. The proposed measure also aims to introduce a national renewal program of
mangroves, and to enable various sectors to help in achieving the said measure’s goals and
objectives

Through this proposed measure, we will be able to ensure that people will continue to enjoy
the benefits offered by mangrove systems,

In view of the fos he passage of this measure is earnestly sought.

JOHN SERVO” NIETO

EDWARD PEI |ACEDA

(C MARTINEZ



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

7825

House Bill No.

Introduced by Representatives John Marvin “Yul Servo” Nieto, Edward Vera Perez
Maceda, Eric M. Martinez, Federico Il "Ricky" S, Sandoval, Dale "Along" R.

Malapitan, and Eric L. Olivarez

AN ACT
ESTABLISHING THE NATIONAL COUNCIL FOR THE PRESERVATION OF
MANGROVE FORESTS

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 country's mangrove resources
from destruction, exploitation 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.

(1) 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 sofi-bottom areas;

(2) Mangrove forest - a type of forest occurring on a tidal flat along the sea coast,
extending along streams where the water is brackish;


(3) _ Reservation areas - portions of coastal areas which have been set aside exclusively
for reforestation, conservation, and preservation purposes; and,
(4) Reforestation - the planting of mangrove trees along the denuded coastal areas.

SEC. 4, Establishment of Mangrove Reservation Areas. - There shall be established and set
aside in all local government units 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 of ten (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) _arepresentative from the academe to be appointed by the President;

(9) arepresentative 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;

(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 of this Act

SEC. 7. The Local Councils for the Preservation of Mangrove Forests. - & local council for
the preservation of mangrove forests, hereinafter referred to as the Local Council, shall be
established in each of the local government units 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 of the 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 Functions 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 concemed sectors of the
‘community on issues, concems 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 Local Council without prior consultations
with the local government unit concerned, non-governmental or people’s organizations, and
other sectors concemed to explain the objectives of the project or program, its impact on the
people and the community in terms of ecological balance, 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
7610.

SEC. 10. Prohibited Acts. - The, following acts are hereby prohibited within the mangrove
reservation areas:

(1) Cutting, uprooting, destroying or gathering any mangrove tree or any mangrove forest
products;

(2) Dumping of waste,

(3) Construction or reclamation activity without the necessary license, permit, or
authority;

(4) Mlegal fishing activities that will result in the damage and destruction of the
mangrove forest;

(5) Conversion of mangrove reservation areas into fishponds or for any other purpose,
and,

(6) Other acts or activities that will result in the damage and/or destruction of the
mangrove forest, as determined by the Local Council concerned.


1. Penalties - Any person, natural or juridical, found guilty of violating any of the
ions 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 (PhP100,000.00) but not more than One
million pesos (PhP1,000,000.00) 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 thar, 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 ot provision of this Act shall
bbe held unconstitutional or invalid, the other section or provision not otherwise affected shall
remain in full force and effect.

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,