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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS
First Regular Session

5474

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

Article 11 Section 16 declares that the State shall protect and advance the right of the people
to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Despite
the government's good intentions, rapid population growth, urbanization and industrialization
have far outstripped urban environment services and weak natural resource management
systems have led to rapid degradation of those environments too.

Rapid conversion of forestlands and grasslands to urban use is depleting these natural systems.
Agricultural yields in lowland areas are stagnating and population pressures are stimulating
cultivation of fragile upland areas, causing serious soil erosion. While estimates of
deforestation differ, forest cover in the Philippines has certainly been significantly reduced
over the last forty years due to increasing urbanization, illegal logging, and forest fires.
Reforestation efforts by the government have been erratic, with low tree survival rates. Marine
resources are heavily stressed by over-exploitation and pollution. While we cannot totally undo
this environmental upheaval, we can to some extent reverse the severity of the damage,
accordingly cushioning its inevitable impact.

It is in this light that this bill seeks to establish a basic policy for nature restoration in the
country. Ecological restoration, the attempt to guide damaged ecosystems back to a previous,
usually healthier or more natural condition, is rapidly gaining recognition as one of the most
promising approaches to conservation. It is hoped that with the passage of this bill, we shall be
able to redeem our troubled relationship with nature and sustain the God-given finite resources
of this country for the subsequent generations of Filipinos to come.

In view of the foregoing, the immediate passage of this bill is earnestly sought.
.

IC. ALEJANO


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

5474

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
PROTECTING THE ENVIRONMENT THEREBY ESTABLISHING A BASIC
POLICY FOR NATURE RESTORATION, PROVIDING FUNDS THEREFOR, 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 “Nature Restoration Law of
2017".

SEC. 2. Purpose. - This Law establishes the basic principles of nature restoration,
defines the responsibilities of concerned government agency, and stipulates necessary matters
for the implementation of nature restoration, including the establishment of the Basic Policy
for Nature Restoration, This is done for the purpose of pursuing the comprehensive
implementation of measures concerning nature restoration, thereby securing biodiversity in
support of efforts toward realizing a society that is in harmony with nature, and contributing to
the conservation of the global environment.

SEC. 3. Definition of Terms. — As used in this Act, the following terms shall mean:

‘A. "Nature restoration” means the conservation, restoration or creation, and maintenance
of the conditions of rivers, marshes, tidal flats, seaweed/seagrass beds, community-
based woods, rural landscapes, forests, and other natural environments, with the
participation of various actors in the community, including concerned governmental
agencies, concemed municipal governments, local residents, specified non-profit
corporations, and individuals with specialized knowledge of the natural environment,
with the objective of recovering the ecosystems and other natural environments that
have been damaged or destroyed in the past.

B. "Nature restoration project” means a project to be implemented with the objective to
restore nature.

C. "Landowner, etc." means an individual who owns a piece of land, woods, or bamboo
thicket or the right to the use of and profits from a piece of land, woods or bamboo
thicket; or the fishing rights or common of piscary to an area (excluding special
facilities and other facilities clearly known to have been set up for temporary use).


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SEC. 4. Basic Principles. —

A. Nature restoration shall be carried out appropriately for the purposes of maintaining and
passing on a sound and bountiful natural environment to future generations, realizing a
society in harmony with nature through the protection of biodiversity, and contributing
to the conservation of the global environment,

B. Nature restoration shall be carried out with the cooperation of various actors in the
community including concerned governmental agencies, concerned local governments,
local residents, specified non-profit corporations, and individuals with specialized
knowledge of the natural environment in a voluntary and active manner. Efforts shall
be made to ensure transparency.

C. Nature restoration shall be carried out based on scientific knowledge, taking into
account characteristics of the natural environment in the area and the delicate balance
of the ecosystem, as well as nature's ability to recover.

D. Nature restoration shall be carried out in such a way that, even after a nature restoration
project has begun, the state of nature restoration is monitored, the monitoring results
are assessed scientifically, and the assessment results are reflected in the project

E. Due to the important need for people to leam about conservation of the natural
environment, hereinafter referred to as "natural environmental learning", arrangements
shall be made to utilize the nature restoration project as a venue for natural
environmental learning as itis implemented.

SEC. 5. Responsibilities of the National and Local Governments. - The national and
local governments shall strive to provide the necessary assistance to facilitate the
implementation of nature restoration projects undertaken by local residents, specified non-
profit corporations, and other private organizations

SEC. 6. Responsibilities of the Department of Environment and Natural Resources.
~ The Department of Environment and Natural Resources, hereinafter referred to as the DENR,
who undertakes a nature restoration project pursuant to this Law, shall strive to take the lead in
carrying out the nature restoration project based on the basic principles.

SEC. 7. Coordination with Other Public Interests. — Nature restoration shall be carried
out taking into consideration the need to coordinate such efforts with the conservation of
national land and other public interests.

SEC. 8. Basic Policy for Nature Restoration. —

‘A. The government shali formulate a basic policy for comprehensively promoting nature
restoration measures, hereinafter referred to as "Basic Policy for Nature Restoration"
The Basic Policy for Nature Restoration provides the following:

Basic direction for the implementation of nature restoration;

Basic matters concerning the committee detailed in Section 9 of this Act;

Basic matters concerning formulation of the overall plan for nature restoration,

Basic matters concerning the promotion of natural environmental learning

concerning nature restoration; and

5. Other important matters concerning the promotion of nature restoration

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B. The DENR shall draft the Basic Policy for Nature Restoration, consulting with the
Department of Agriculture, Forestry and Fisheries and the Minister of Land,
Infrastructure and Transport and shall call for approval from the Cabinet;


The DENR shall seek public opinion when drafting the Basic Policy for Nature
Restoration:

‘The DENR shall, without delay, make public the Basic Policy for Nature Restoration
when a Cabinet decision is made in accordance with the provision in Paragraph 3;
The Basic Policy for Nature Restoration shall be revised approximately every five years
in accordance with progress in the implementation of nature restoration projects; and
Provisions from Paragraphs A to E are applicable to changes to the Basic Policy for
Nature Restoration.

SEC. 9. Nature Restoration Committee. —

To administer the matters provided in the following paragraph, the effecter shall form
anature restoration committee (hereinafter referred to as "Committee") with concerned
local governments, concerned governmental agencies, and other parties who intend to
participate in the nature restoration project or activities related to the project to be
carried out by the effecter, including local residents, specified non-profit corporations,
individuals with specialized knowledge of the natural environment, landowners, etc.

‘The Committee shall administer the following matters
1. Draw up the overall plan for nature restoration;
2. Discuss the drafted implementation plan of the nature restoration project;
and
3. Conduct communication and coordination for implementing the nature
restoration project.

The overall plan for nature restoration, hereinafter referred to as "overall plan for nature
restoration", determines the following matters in line with the Basic Policy for Nature
Restoration:

1, Areas subject to nature restoration;

2. Goals of nature restoration;

3. Names of organizations and individuals to join the Committee and their

responsibilities; and
4. Other necessary matters for facilitating nature restoration.

The Committee decides the necessary matters related to the organization and
management of the Committee.
Members of the Committee shall cooperate in promoting nature restoration.

SEC. 10. Implementation Plan of Nature Restoration Project. —
‘The effecter shall formulate a plan for implementing the nature restoration project,
hereinafter referred to as the "implementation plan of the nature restoration project",
based on the Policy for Nature Restoration;
‘The implementation plan of the nature restoration project shall provide the following.

1. Name of effecter and name of the Committee to which the effecter belongs;

2. Areas subject to and contents of the nature restoration project;
3. Relationship between the area subject to the nature restoration project and its
local natural environment, and the significance and effect of the conservation of
natural environment; and


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4, Other necessary matters related to implementation of the nature restoration
project.

C. Indrawing up the implementation plan of the nature restoration project, the DENR shall
fully discuss the draft with the Committee beforehand and draw up the plan according
to the results of the discussion;

D. The implementation plan of the nature restoration project shall be in conformity with
the overall plan of nature restoration; and

E. Upon drawing up the implementation plan of the nature restoration project, the DENR
shall promptly submit a copy of the plan (including copies of documents attached to the
implementation plan of the nature restoration project; hereinafter the same) and a copy
of the overall plan of nature restoration for the nature restoration project
implementation plan (including copies of documents attached to the overall plan for
nature restoration; hereinafter the same) to the local government official under whose
jurisdiction the area covered by the nature restoration project in the implementation
plan lies.

SEC. 11. Agreement on Maintenance. - \n order to conduct maintenance related to
nature restoration on all or part of the area covered by the nature restoration project, the effecter
may carry out the maintenance by concluding an agreement with the landowner of the area.

SEC. 12. Establishment of a Consultation System for Effecters. - The competent
minister shall set up the necessary system to provide proper consultations to effecters

SEC. 13. Consideration for the Implementation of Nature Restoration Projects. -
When asked for permits or other legally prescribed actions for the implementation of a nature
restoration project based on the implementation plan of the nature restoration project, the heads
of governmental agencies and concerned local governments shall give proper consideration to
enable the smooth and speedy implementation of the nature restoration project.

SEC. 14, Announcement of the Implementation Status of Nature Restoration
Projects.

1. The competent minister shall announce the implementation status of nature restoration
projects annually.

2. The competent minister shall make an announcement upon the receipt of a copy of the
implementation plan of the nature restoration project and a copy of the overall plan for
nature restoration which was submitted pursuant to the provision in Article 9, Paragraph
5 (including the case when Paragraph 7 of the same article is applicable)

SEC. 15. Reporting Progress of the Implementation Plan of the Nature Restoration
Project. - Pursuant to the competent ministerial ordinance, the competent minister may request
the effecter, who carries out the nature restoration project according to its implementation plan,
to report on the progress of the implementation plan of the nature restoration project.

SEC. 16. Financial Measures, etc. - The national and local governments will take the
necessary measures, financial and otherwise, to implement nature restoration.


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SEC. 17. Other Measures Related to Nature Restoration. - The national and local

governments will take the necessary measures to promote natural environmental leaming
regarding nature restoration and to expand public awareness activities to promote nature
restoration.

The national and local governments will take the necessary measures to promote natural
environmental learning regarding nature restoration and to expand public awareness
activities to promote nature restoration:

The national and local govemments will make efforts to provide appropriate
information on nature restoration to facilitate nature restoration activities carried out by
local residents, specified non-profit corporations, and individuals with specialized
knowledge of the natural environment, etc.;

The national and local governments will pursue research and development on nature
restoration, disseminate the results, and promote other science and technology for
nature restoration; and

The national and local governments will pursue agriculture, forestry, and fisheries in
harmony with the local environment in conjunction with the implementation of nature
restoration projects.

SEC. 18. Nature Restoration Promotion Conference. ~

The government shall establish the Nature Restoration Promotion Conference made up
of officials from Department of Environment and National Resources (DENR),
Department of Agriculture (DA), Department of Public Works and Highways (DPWH)
and other concemed governmental agencies to carry out communication and
coordination in order to implement nature restoration in a comprehensive, effective,
and efficient manner; and

‘The DENR, DA and DPWH shall establish the Nature Restoration Expert Panel, made
up of individuals with specialized knowledge of the natural environment, to consider
the opinions provided when the communication and coordination provided in the
preceding paragraph are carried out.

SEC. 19. Competent Departmental Secretaries, etc. ~

Competent Departmental Secretaries in this Law are the DENR, DA and DPWH
Secretaries; and

Competent ordinances in this Law are orders issued by the DENR, DA and DPWH
Secretaries.

SEC. 20. Implementing Rules. - The Secretary of the DENR shall issue the pertinent

rules with regard to this Act, including but not limited to the application for termination of
suspension and lifting of suspension of the Program


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SEC. 21. Separability Clause. - If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
valid and subsisting

SEC. 22. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent
with, the provisions of this Act, is hereby repealed, modified, or amended accordingly.

SEC. 23. Effectivity Clause. - This Act shall take effect fifteen (15) days afler its
complete publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,