Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No. 8238

Introduced by DIWA Party-list Representative Pepito M. Pico

EXPLANATORY NOTE

Mangroves are unique as far as forests go, poised between land and the sea, Mangrove forests
are indispensable hosts to rich and diverse ecosystems, home to a wide array of plants and
animals, many of which are endangered. These forests also provide sustenance, directly and
indirectly, for people who live in coastal communities. They are fishing grounds, and also a
protective bulwark against the elements, stabilizing shorelines and protecting inshore nutrients
from erosion, as well as protecting coastal areas from the effect of strong winds. Mangrives
are also good for the environment. On average, they store around 1,000 tons of carbon per
hectare in their biomass and underlying soil, making them some of the most carbon-rich
ecosystems on the planet.!

In spite of all these benefits, mangrove forests are some of the most endangered environments
‘on the planet. As stated in a 2014 UNEO report: “Mangroves are being destroyed at rates 3-5
times greater than average rates of forest loss and over a quarter of the original mangrove cover
has already disappeared; driven by land conversion for aquaculture and agriculture, coastal
development, pollution and overexploitation of mangrove resources. As mangroves become
smaller and more fragmented, important ecosystem goods and services will be diminished or
lost. The consequences of further mangrove degradation will be particularly severe for the
well-being of coastal communities in developing countries, especially where people rely
heavily on mangrove goods and services for their daily subsistence and livelihoods.”

This bill, a refiling of House Bill No. 3260 filed by former DIWA Party-list Representative
Emmeline Villar and a counterpart of Senate Bill No. 326 of Senator Cynthia Villar, proposes
to establish reservation areas in all coastal areas in each municipality of the country for the
preservation, protection, reforestation, afforestation and sustainable development of our
mangrove forests. Such reservation areas will help guarantee a future where these forests —
important in ways both tangible and intangible to our people ~ are no longer in danger of

+ UNEP (2014). The Importance of Mangroves to People: A Call to Action. Van Bochove, J., Sullivan, E.,
Nakamura, T. (Eds). United Nations Environment Programme World Conservation Monitoring Centre ,
Cambridge. 128 pp.

3d.

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disappearing forever. This bill will also penalize the destruction of mangrove forests, as well
as other harmful acts within the reservation areas, and require any offenders to make restitution
for the expenses that will be incurred in order to rehabilitate the forests. For the present and
for the future, I urge the passage of this measure.

PEPITO M. PICO
Representative, DIWA Party-list

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
Third Regular Session
8938

House Bill No. __

Introduced by DIWA Party-list Representative Pepito M. Pico

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 of Representatives of the Republic of the Philippines in Congress
assembled:

SECTION 1. Title. This Act shall be known as the “National Mangrove Forest Protection and
Preservation Act.”

SECTION 2. Declaration of 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.

SECTION 3. Definition of Terms. For purposes of this Act, the following terms shall be
defined as, -
a) Afforestation — refers to the establishment of a mangrove forest in an area that did
not carry such forest within the past fifty (50) years or within living memory;
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
isobaths to include coral reefs, algae flats, seagrass beds and other soft bottom
areas;
Mangrove forest ~ refers to a type of forest occurring on a tidal flat along the sea
coast, extending along streams where the water is brackish;

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d) Reservation areas — refers to portions of coastal areas which have been set aside
exclusively for reforestation, afforestation, conservation and preservation purposes;
and

e) Reforestation — refers to the planting of mangrove trees along the denuded coastal
areas.

SECTION 4. Establishment of Mangrove Reservation Areas. There shall be established and
set aside in all coastal areas in each municipality within the Philippine portions of land solely
for the preservation, protection, reforestation, afforestation and sustainable management of

mangrove forests. All existing mangrove forests shall automatically for part of the reservation
areas.

SECTION 5. Establishment of National Council for the Preservation of Mangrove Forests. A
National Council for the Preservation of Mangrove Forests (NCPMF) is hereby established,
which shall be an attached agency of the Department of Environment and Natural Resources
(DENR).
‘The NCPMF 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 (DOST);

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 DENR;

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
(MANRIA);

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 (NGOs0 conducting
programs on sustainable mangrove forest management to be appointed by the President
of the Philippines.

SECTION 6. Powers and Funetions of the NCPMF. The NCPMEF shall have the following
powers and functions:

1) To review existing relevant policies and conduct studies on mangrove forest and its

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preservation;

2) To prepare a comprehensive program for the preservation, reforestation, afforestation
and sustainable development of mangrove forests;

3) To establish the guidelines in identifying the areas to be declared as mangrove forest

reservations;

To identify and delineate the boundaries of coastal areas which shall form part of the

mangrove reservation areas;

5) To exercise control and supervision over all the local councils; and

6) To promulgate the rules and regulations necessary to carry out the provisions of this
Act;

4)

SECTION 7. The Local Council for the Preservation of Mangrove Forests. A Local Council
for the Preservation of Mangrove Forests (LCPMF), shall be established in each of the
municipalities 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, and shall have the following members:

1) A representative of the concerned municipal government;

2) A representative from each barangays under whose territory the reservation area is
located;

3) A representative from an accredited non-government organization (NGO); and

4) A representative from the private sector.

SECTION 8. The Powers and Functions of the LCPMF. The LCPMF shall have the following
powers and functions:
1) To implement and enforce all the programs and policies laid down by the NCPMF;
2) To carry out the general administration and day to day planning of the Program;
3) To secure the mangrove reservation area from illegal and destructive activities which
would endanger the successful implementation and viability of the program; and
4) To perform such other powers and functions as may be designated by the NCPMF.

In order to secure the mangrove reservation area from illegal and destructive activities, the
Local Council and the local government, under whose jurisdiction the reservation is located,
shall employ the services of forest guards who shall be tasked with the responsibility to guard
and police the areas. They shall have the authority to arrest those caught violating the
provisions of this Act and the rules and regulations issued pursuant thereto.

In the event that any of the forest guards are found to be guilty of nonfeasance, misfeasance or
malfeasance, the forest guard or guards concerned and the officials of the LCPMF and the local
government, by virtue of the principle of command responsibility, shall be held liable for such
ions and shall be prosecuted in accordance with the provisions of this Act without
prejudice to any criminal and/or liabilities provided for under existing laws of the country.

SECTION 9. Prohibited Acts. The following acts are hereby prohibited within the mangrove
reservation areas:

1) Cutting, uprooting or destroying any mangrove tree;

2) Dumping of waste;

3) Construction or reclamation activity;

4) Mlegal — fishing activities that will result in the damaging and destruction of the

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mangrove forest; and
5) Other acts or activities that will result in the damage and/or destruction of the
mangrove forest.

SECTION 10. Penalties. Any person, natural or juridical, found guilty of violating any
provisions of this Act or the rules and regulations issued by the NCPMF, after due notice and
public hearing by regular courts of competent jurisdiction, shall be fined in the amount of not
less than Two Hundred thousand pesos (Php200,000.00) 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 , that 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.

SECTION 11. Separability Clause. If, for any reason, any section or provision of this Act
shall be declared unconstitutional or invalid, the other sections or provisions not affected therby
shall remain in full force and effect.

SECTION 12. Repealing Clause. All laws, presidential decrees, executive orders, rules and
regulations or parts thereof which are inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 13. Effectivity, This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) newspaper of general circulation.

Approved,

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