THIRTEENTH CONGRESS OF THE 
} 
REPUBLIC OF THE PHILIPPINES 
1 
Third Regular Session 
1 
S E N A 'J E 
t 
S.No. 2536 
(ln substitution of S. Ncx 2043) 
Prepared jointly by the Committees on Environment and Natural Resources and Finance with Sen. Cayetano 
and the members of the Committees as authors 
AN ACT 
ESTABLISHING APO REEF IN SABLAYAN, OCCIDENTAL MINDORO AS A 
PROTECTED AREA AND ITS PERIPHERAL WATERS AS BUFFER ZONES, 
PROVIDING FOR ITS MANAGEMENT, FUNDS AND FOR OTHI~R PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Phihppmes in Congress assembled. 
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SECTION 1. Title. - This Act shall be known as the "Apo Reef Protected Area 
SEC. 2. Land Classification. - All lands of the public domain comprising the 
Apo Reef Protected Area shall fall under the classification of National Park as 
provided for in the Philippine Constitution. However, Public Lands already classified 
as agricultural and alienable or disposable prior to.the passage of this Act shall remain 
as such and may be disposed of pursuant to the provisions of Commonwealth Act No. 
141 or the Public Land Act, as amended. 
SEC. 3. Scope. - The boundaries of the Apo Reef Protected Area, situated in 
the Municipality of Sablayan, Province of 
Occidental Mindoro, containing an 
approximate area of fifteen thousand seven hundred ninety-two (15,792) hectares, are 
as follows: 
Act of 2006". 
*- 
Control Points 
CM 0 
Latitude 
Northings 
Eastings 
( ' '7 
(Meters) 
(Meters) 
1 
123 
12-44-47 
120-27-22 
223773.809 
2 
123 
12-41-1 1 
120-33-44 
235240.033 
3 
123 
12-3 5-47 
120-29-57 
228292.637 
4 
123 
12-39-18 
120-23-46 
2217153.893 
Any modification of this Act due to factors such as changing ecological 
situations, new scientific or archaeological findings, or discovery of traditional 
boundaries not previously taken into account shall be made through an Act passed by 
Congress after full consultation with the affected public and concerned government 
agencies. 
SEC. 4. Buffer Zones. - Buffer Zones surrounding the Protected Area, 
containing an approximate area of eleven thousand six hundred seventy-seven 
(1 1,677) hectares, are hereby established with the following boundaries: 
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Control 
CM 
Latitude 
Longitude 
Northings 
Eastings 
Points 
(Meters) 
(Meters) 
1 
123 
12-46-14 
120-27-00 
1413043.2;27 
223151.990 
2 
123 
12-41-32 
120-35-19 
1404229,656 
238121.888 
3 
123 
12-34-20 
123-30-16 
1391042.8013 
228863.890 
4 
123 
12-38-57 
120-22-1 2 
1399689.78t8 
21 4329.441 
Such Buffer Zones are established for the purpose oB forming an extra layer of 
protection for fishing ground from users of nearby sea-lanes, providing a belt around 
the Protected Area. 
SEC. 5. Definition of Terms. - The following terms are hereby defined for the 
a) Accredited NGOslPOs - shall refer to Non-Government Organizations and 
People's Organizations that satisfactorily complied with the accreditation process for 
Non-Government Organizations and People's Organizations by the Sangguniang 
Bayan of Sablayan pursuant to Republic Act No. 7160 or the Local Government Code 
of 1991; 
b) Department - shall refer to the Department of Environment and Natural 
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purposes of this Act. 
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Resources; 
c) Non-Renewable Resources - shall refer to those resources found within the 
PA and its buffer zones, the natural replenishment rate of which is either not known or 
takes more than 25 years; 
d) Passive fishing gear - any means of catching, gathering or collecting fish or 
aquatic products that does not alter the capacity of the ecosystem to replenish itself 
nor harm any protected species or the young of any species; 
e) Plan - shall refer to the Conservation and Protection Plan; 
f) Protected Species - any individual of the following species: manta ray, all 
species of marine turtles, all species of whales and any species listed under the 
Convention of International Trade of Endangered Species (CITES), or any plant or 
animal that shall be declared as protected under the Philippine laws, rules and 
regulations or the Protection and Conservation Plan herein provided for; 
g) Secretary - shall refer to the Secretary of the Department of Environment 
SEC. 6. lnsfifufional Mechanisms. - The following administrative and 
A. The Protected Area Management Board. - There shall be a Protected Area 
Management Board which shall be the policy-malting body of the Protected Area. It 
shall be composed of: 
and Natural Resources. 
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policymaking mechanisms shall apply: 
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1. The Provincial Environment and Natural Resources Officer as Chair; 
2. The Provincial Planning and Development Officer; 
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3. One (1) representative from the Municipal Government of Sablayan to be 
4. The president of Association of Barangay Captain of Sablayan; 
5. One (1) representative from other departmients or national government 
agencies directly involved in the Protected Area or with long term projects or 
permanent facility located therein; 
6. One (1) representative from the Land Bank of the Philippines, Sablayan 
7. Two (2) representatives from accredited NGOs operating within Sablayan 
8. Two (2) representatives from accredited POs operating within Sablayan 
9. Three (3) representatives from the local indigenous communities chosen 
Every member of the PAMB shall serve for a term of five (5) years and shall be 
considered to represent his or her sector deemed to carry the vote of such sector in all 
matters. In case of members who are government official, the membership shall be 
attached to the office held. 
appointed by the Mayor; 
Branch to be appointed by the Branch Manager; 
chosen among themselves in a meeting duly called for the purpose; 
chosen among themselves in a meeting duly called for the purpose; 
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among themselves in a meeting duly called for the purpose. 
All members of PAMB, Secretariat and CENRO are allowed to claim 
incentive/allowance in the amount of five hundred pesos (P500.00) while attending 
their regular meetings chargeable to fund allocation for PAMB operations. 
The PAMB of Apo Reef Protected Area shall have the following powers and 
functions: 
1. Decide matters relating to planning, resources protection and general 
administration of the area in accordance with the approved protection and 
conservation plan; 
2. Approve proposals, work plans, action plans and guidelines for the 
management of the Protected Area in accordance with the approved protection and 
conservation plan; 
3. Delineate and demarcate Protected Area boundaries buffer zones, ancestral 
domains, and recognize the rights and privileges of indigenous communities under the 
provision of this Act; 
4. Promulgate rules and regulations to promote development programs and 
projects on biodiversity conservation and sustainable development consistent with the 
Management Manual of the Protected Area; 
Conservation Plan in order to provide employment to the people dwelling in and 
around the Protected Area; 
5. Ensure the implementation of programs as prescribed in the Protection and 
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6. Control and regulate the construction, operation and maintenance of roads, 
trails, waterworks, sewerage, fire protection and sanitation system and other public 
utilities within the Protected Area; 
7. Monitor and evaluate the performance of Protected Area personnel, NGOs 
and the communities in providing for biodiversity conservation and socio-cultural and 
economic development and report their assessments to the NIPAS Policy and 
Program Steering Committee and the IPAF Governing Board. 
The DENR, though the Regional Executive Director (RED), shall exercise 
authority to oversee the PAMB to ensure that it is acting within the scope of its powers 
and functions. In case of a contradiction between administrative orders issued by the 
DENR pursuant to Republic Act No. 7586 for national appliCation and the rules add 
regulations issued by PAMB, the PAMB shall notify the Secretary of the DENR who 
shall decide whether to apply the rule or withdraw its application. 
B. The Protected Area superintendent (PASu). - There shall be a Protected 
Area Superintendent appointed by the DENR, who shall serve as the chief operating 
officer of the Protected Area. The PASu shall have the following powers and functions: 
I. Prepare the Protection and Conservation Plan and successor plans as 
2. Serve as the Secretariat for the PAMB with the duty to provide the PAMB 
with all the information necessary for it to make appropriate decision when necessary; 
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herein provided and execute it; 
3. Hire and supervise the necessary personnel to support operations as the 
budget made available by the PAMB may allow; 
interested in the achievement of the goals and objectives of the 
Protected Area, and in the planning, protection and management thereof; 
4. Establish productive partnership with the local community including groups 
5. Develop and implement a park information, education and visitor program; 
6. Enforce laws, rules and regulations relevant to the Protected Area and assist 
in the prosecution of offenses; 
7. Supervise all activities with the Protected Area for conformity with the 
Protection and Conservation Plan; 
8. Perform such other functions as the PAMB may assign. 
SEC. 7. Administration and Management. - The Apo Reef Protected Area is 
hereby placed under the control and administration of'-the DENR through the 
Protected Area Management Board. For this purpose, there is hereby created a 
Protected Area Office which shall be equipped with necessary personnel, as follows: 
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One (1) Protected Area Superintendent (PASu) 
One (1) Assistant PA Superintendent 
Technical Staff composed of the following personnel: 
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One (1) Senior Ecosystem Management System Specialist 
Two (2) Ecosystem Management Specialist I 
One (1) Community Development 0ffic:er I 
Two (2) Ecosystem Management Specialist I 
Three (3) Community Development Officw I 
One (1) Project Development Officer I 
Administrative Staff composed of the followi,ng personnel: 
One (1) Administrative Officer II 
One (1) Records Officer 
One (I) 
Property Custodian 
One (1) Clerk 111 
Two (2) Clerk I I  
One (1) Driver 
Two (2) Utility Man 
, 
Finance Staff composed of the following personnel: 
One (1) Accountant 
One (1) Cashier I 
One (1) Bookkeeper 
Two (2) Accounting Clerk 
Field Staff composed of the following personnel: 
Ten (1 0) Park Rangers 
Four (4) Boatswain 
Four (4) Boatman 
SEC. 8. Seasonal Fishing Rights. - Fishers who migrate Apo Reef seasonally 
for traditional fishing and other activities that have benign impact on the sustainability 
and biodiversity of the reef shall be allowed to continue such activities provided that 
commission of any of the prohibited acts herein or failure to report such acts when 
observed shall cause the cancellation of such rights. 
SEC. 9. Prohibited Acts. - 
A. The Penalties in Article 309 and 310 of the Revised Penal Code depending 
on the value of the resources take, damaged or destroyed shall be imposed upon any 
person who: 
1. Hunts, destroys, collects, disturbs or possesses .anywhere within the Apo 
Reef Protected Area any plants or animals, sand, coral, rocks or products derived 
therefrom without a Protected Area permit, with the exception of fish and aquatic 
products caught through passive fishing gear; 
2. Possesses outside the Protected Area any wild plants or animals or products 
derived therefrom which came from the Protected Area; 
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3. Explores or extracts mineral within the Protected Area; and 
4. Fishes within the Protected Area through the use of explosives, noxious 
substances, electricity or nets below three (3) centimeters in Size from knot to knot 
when stretched, or by any other means except with the use of passive fishing gear 
provided that the PAMB may take rules and regulations to regulate, restrict or prohibit 
other activities that may cause reef destruction or damago, including, but not limited to 
reef gleaning and drift netting. 
Valuation of the damage shall take into account biodiversity and conservation 
6. A fine of not less than five thousand pesos (P5,OOO.OO) but not more than 
one hundred thousand pesos (PlO0,OOO.OO) and/or imprisonment of not less than one 
(1) year nor more than three (3) years and the restoration’and rehabilitation of the 
damages shall be imposed upon any person: 
considerations as well as aesthetic and scenic value. 
1. Hunts, collects, removes or destroys any endangered or protected species: 
2. Drops anchor within the Protected Area except in the designated sites or 
3. Knowingly destroys or causes damage to any coral or other non-living 
4. Throws, dumps or causes to be dumped into the sea within the Protected 
where there is a danger to life or property which necessitates such act: 
marine resources; 
Area any non-biodegradable material or other substance deleterious to marine life; 
5. Fishes anywhere within the Protected Area without license. Anyone 
intending to fish within the waters of the Protected Area shall register hislher license 
with the PAMB. Failure to so register hidher license constitutes a presumption of a 
lack thereof. 
C. A fine of not less than one hundred thousand pesos (PlO0,OO.OO) but not 
more than five hundred thousand pesos (P500,OOO.OO) andlor imprisonment from 
three (3) years to five (5) years shall be imposed upon any person who: 
1. Violates any rules and regulations in the protection and conservation plan by 
the PAMB or agreements reached before the PAMB in its exercise of adjudicative 
functions: 
2. Erects any permanent structure on land or on water for any purpose outside 
the Protection and Conservation Plan, provided that permanent structures intended for 
marine safety and determined to be urgently necessary before the next Protection and 
Conservation Plan shall have taken effect shall be exempted from this prohibitions; 
3. Possesses or deals in ammonium nitrate or cyanide within the Protected 
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Area. 
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D. A fine not less than five thou sand pesos (P5.000.00) nor more than five 
hundred thousand pesos (P500,OQO.OO) ,and/or imprisonment of not less than one (1) 
year but not more than five (5) years shall" be imposed upon: 
1. Any person who shall induce another or conspire to commit any of the above 
acts or suffer their workers to commit any tof the above acts shall be liable in the same 
manner as the one actually performing the act; 
2. Any person who shall evade responsibility for criminal acts by disguising a 
vessel or hiding its registered name or registering a vessel twice under different 
names. The act of disguising a vessel or hiding its registered name or registering a 
vessel twice under different names shall give rise to disputable presumption that it 
was committed with the knowledge of lithe owner and! with intent to evade 
responsibility for criminal acts. 
SEC. I O .  Special Prosecutor and Retained Counsel. - Within thirty (30) days 
from the effectivity of this Act, the Department of Justice (DOJ) sha'rl appoint a special 
prosecutor to whom all cases of violation of laws, rules and regulations in the PA shall 
be assigned. Such Special Prosecutor shall coordinate with the PAMB and the PASu 
in the petformance of hidher duties and assist in the training of wardens and rangers 
in arrest and criminal procedures. The PAMB may retain the services of a counsel to 
prosecute and/or assist in the prosecution of cases under the direct control and 
supervision of the regular or special prosecutor and to defend the members of the 
PAMB, the PASu and the staff, or any person assisting in the protection, conservation 
and sustainable development of the PA, against any legal action related to their 
powers, functions and responsibilities as provided in this Act or as delegated or 
tasked by the PAMB. 
SEC. 11. lntegrated Protected Area Funds. - The following shall constitute 
part of the lntegrated Protected Area Funds and shall be subject to the rules thereon 
from the moment they accrue: 
(a) Taxes from the permitted use or collection of resources from Protected 
Areas with the exception of taxes already collected by the local government on such 
resources at the time of the passage of this Act; 
(b) Contribution from industries and facilities directly benefiting from the 
Protected Area; 
(c) Such other fees and incomes derived from the operation of the Protected 
Area. 
The PAMB shall have the power to disburse the IPAF: Provided, That a share 
of twenty five percent (25%) shall be provided for the use of the national government 
for the support of the National Protected Areas System: Provided, furlher, That the 
PAMB shall honor conditions attached to donations. 
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SEC. 12. Utilization of Non-ren ewable Resources. - Any explanation for, 
exploitation or utilization of non-renewabl e resources within the Protected Area shall 
not be allowed. Energy projects, whether renewable or otherwise, shall be permitted 
only through an Act of Congress, provided that exploitation of renewable energy up to 
three (3) megawatts capacity shall be exem pt from such requirement. 
SEC. 13. Reporting Responsibility. - The PASu, through the PAMB, shall 
submit an annual accomplishment report: to the Secretary of the DENR on the 
activities undertaken in the PA. 
SEC. 14. Appropriations. - The Secretary of the DENR shall immediately 
include in the Department's program the implementation of this Act, the funding of 
which shall be included in the annual General Appropriations Act. 
SEC. 15. Construction and Suppletory Applic:ation of Existing Laws, The 
provisions of this Act shall be construed liberally in favor of achieving biodiversity 
conservation, protection and sustainable development Provisions of Republic Act No. 
7586, otherwise known as the National Integrated Protected Areas Management Act 
of 1992 and existing forestry laws, and their corresponding rules and regulations not 
inconsistent hereto shall have the suppletory effect in the implementation of this Act. 
SEC. 16. Repealing Clause. - For the purpose of this Act. Sections 11, 15, 20 
and 21 of Republic Act No. 7586 are hereby modified. All other laws, rules and 
regulations inconsistent with the act are hereby repealed or modified accordingly. The 
prohibition and penalties under Republic Act No. 7586 are hereby superseded for the 
entire area covered by this Act. 
SEC. 17. Separability Clause. - The provisions of this Act are hereby declared 
to be separable, and in the event one or more of such provisions are held 
unconstitutional, the validity of other provisions shall not be affected thereby: 
SEC. 18. Effectivity Clause. -This Act shall be translated in English and 
Filipino, within thirty (30) days from the date of approval hereof. It shall be published 
once a week for three (3) consecutive weeks in a newspaper of general circulation 
readily available in the areas in and around the score specified herein. It shall likewise 
be conspicuously posted simultaneously in the provincial, municipal and barangay 
halls within the area as well as in three (3) other places frequented by the public. 
Fifteen (15) days after the last publication and posting, this .Act shall have full force 
and effect. 
Approved, 
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