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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO._ 8156

Introduced by Hon, ANGELO B, PALMONES

ANACT
AMENDING REPUBLIC ACT NO. 758, OTHERWISE KNOWN AS AN ACT
PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF NATIONAL
INTEGRATED PROTECTED AREAS SYSTEM, DEFINING ITS SCOPE AND
COVERAGE, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The NIPAS Law was enacted about 20 years ago. However, only a few of the proclaimed and
congress-enacted Protected Areas (PAs) are properly managed exemplified only by the Mt
Kitanglad Protected Landscape in Bukidnon. There are many constraints to the proper
management of a PA. Among these are the lack of plantilla position of Protected Area
Superintendent and its comesponding staff that is supposed to provide management of a PA.

To implement fully the PA Management Plan requires tremendous amount of funds.
However, PAs are not appropriated with sufficient funds to carry out proper management. In
fact there are limited sources of funds for the Integrated Protected Area Fund (IPAF), There
is need to identify innovative sources of funds for the IPAF in addition to its appropriate
application.

RA 7586 is basically applicable to terrestrial protected areas and there is less emphasis on
marine and inland water sites. This situation has led to the identification and proclamation of
loop-sided number of terrestrial PAs against marine and fresh water areas. Of the 113
proclaimed PAs covering 3.57 million hectares, 84 are terrestrial (2,2 million hectares) while
only 29 are marine and inland waters protected areas in 1.37 million hectares. The law needs
to be revised/amended to correct the situation.

‘The penalties for violation of the NIPAS Act are not commensurate to the destruction of the
environment that such acts bring about. There is need to revise the penalties in terms of fines
and/or imprisonment in order that these pose some deterring effects on woutd-be violators.





Republic of the Philippines
HOUSE. OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Secand Regular Session

HOUSE BILL NO. 6158

Introduced by Hon. ANGELO B. PALMONES

AN ACT
AMENDING REPUBLIC ACT NO, 7586, OTILERWISE KNOWN AS AN ACT
PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF NATIONAL
INTEGRATED PROTECTED AREAS SYSTEM, DEFINING ITS SCOPE AND
COVERAGE, AND FOR OTHER PURPOSES

Section 1, Protected Area Superintendent - There shail be a position of Protected Area
Superintendent (PASu} created in each of the protected areas established under the National
Integrated Protected Arcas System (NIPAS). The PASu shall bave a rank equivalent to that of
a Provincial Environment and Natural Resources Officer (PENRO) of the Department of
Environment and Natural Resources (DENR). The PASu shall be under the direct supervision,
of the Protected Area Management Board (PAMB) and the DENR and shall hase the
following duties and responsibilities.

a) Implement the Protected Area Management Plan approved by PAMB,

b) Enforce rules and regulations (0 protect the area from trespassing, damage
vandalism and illegal occupancy:

c) Apprchend, seize and take custody illegally cuvharvested products from the area:

4) Issue cutting permit for planted trees for a volume of up to five (5) cubic meters
per applicant per year for traditional and subsistence uses of indigenous cultural
communities (ICC) and tenured migrants onty:

€) — [ssue certificate of origin and transport permit for natural resources and other
forest products collected’gathered from the protected area in accordance with the
resource instruments/agreements oF gratuitous permits issued by the PANIB or the
DENR;

Issue permits tor the establishment of fish pens and/or fish cages in inland waters
and lakes based on assessed camying capacities of such waters and lakes and only
{n protected areas where environmental impact assessments have been conducted:

2) Collect and receive pertinent fees, charges, donations and other incomes from the
protected area, Provided that such fees, charges, donations and other incomes


receivedicollected shall be reported regularly to the PAMB in accordance with
existing guidelines;

h) Prepare and recommend to the PAMB for approval the annual work and financial
plan of the protected area based on the Initial Protected Area Plan or
Management Plan of the protected area;

i) Develop a management information system to ensure that relevant and updated
information area available for planning, monitoring and decision-making:

J) Perform other relevant functions that the Regional Executive Director (RED) or
PAMB may delepale or assign.

The PASu shall be supported by a techaical and administrative staff of at least 5 10
personnel, respectively, who shall also have civil service positions. The level of such
positions shall be determined by the PAMB.

‘The tunds needed for the establishment of the position of PASu and support staff shall come
initialy from the appropriations of the DENR and thereafter shall come from annual
appropriations from Congress

‘The PAMB shall also have the authority to deputize residents from nearby communities. The
DENR is authorized to provide commensurate compensation to protected area deputies, the
funds for which shall also come from DENR annual appropriations,

Section 2. Proclaimed Protected as Part of National Park All proclaimed Protected
‘Areas shall fall under the classification of National Parks pursuant to the provisions of the
Philippine Constitution.

Section 3. Environmental Impact Assessment ~ Section 12 of RA No. 7586 is amended a5
follows:

“SEC. 12. Kavironmental impact Assessment — Proposals for activities WHETHER 8 [THIN
‘OR outside the scope of the management plan for protected areas shall be subject to an
environmental impact assessment as required by law before they are implemented, and the
results thereof shall be taken into consideration in the decision-making process No actual
implementation of such activities shall be allowed without the required Environmental
Compliance Certificate (ECC) under the Philippine Environment Impact Assessment (ELA)
System In instances where such activities are allowed to be undertaken, the proponent shall
plan and carry them out in such manner as will minimize any adverse effects and rahe
preventive and remedial action when appropriate.

The proponent shall be liable for any damage due to lack of caution or indiscretion. IN THE
CASE OF UTILIZING INLAND WATERS IN PROTECTED AREAS FOR FISH PENS AND
FISI{ CAGES OR SIMILAR ACTIVITIES THE CARRYING CAPACITY OF THE INLAND
WATER SHALL BE ASSESSED AND SHALL BE BASIS THE FOR GRANTING
PERMITS FOR THE NAMED ACTIVITIES ABOVE. THE PAMB SHALL HAVE THE
SOLE AUTHORITY TO GRANT THE PERMIT. NO SUCH ACTIVITIES SHALL BE
ALLOWED IN INLAND WATERS WITHOUT THE PERMIT (SSUED BY THE PAMB
SUCH PERMIT SHALL PRECEED THE ISSUANCE OF BUSINESS PERMITS BY LOCAL
GOVERNMENT UNITS”.

Section 4, Protected Areas under the DENR Jurisdiction — All proclaimed protected areas
in terresuial and marine enviroments including inland waters and lakes, including those that


will be subsequently proclaimed shall be under the authority and jurisdiction ot’ the
Department of Environment and Natural Resources,

Section S. Areas under the Management of Other Departments and Government
Instrumentalities — Section 15 of RA No. 7586 is amended as follows:

‘SEC. 15. Areas under the Management and Other Departments and Government
Instrumemalites. ~ Should there be protected areas, or portions thereof, under the
Jurisdiction of government instrumentalities other than the DENR, such jurisdictions
shall, prior to the passage of this Act, remain in the said department or government
instrumentality: Provided, That the department or government instrumentality
exercising administrative jurisdiction over said protected area of a portion thereof
shall coordinate with the DENR in the preparation of iis management plans, upon the
effectiviy of this Act. THE DENR SHALI. EXERCISE OVERSIGHT FUNCTIONS.
OVER SUCH PROTECTED AREAS AND SHALL LIKEWISE HAVE
VISTTORIAL POWERS”

Section 6, Integrated Protected Areas Fund - Section 16 on the Integrated Provected
Areas Fund of RA No. 7586 is hereby amended as follows:

“SEC. 16, Integrated Protected Area Fund. - There is hereby established a trust fund to
be known as Integrated Protected Areas (IPAS) Fund for the purposes of financing
Projects of the System, The [PAF may solicit and receive donations, endowments. and
grants in the form of contributions, and such endowments shall be exempted from
Income or gift taxes and all other taxes, charges or fees imposed by the Government or
any political subdivision or instrumentality thereof.

All incomes generated from the operation of the System or management of wild Hora
and fauna shall accrue to the Fund SUBJECT TO THE RETENTION BY THE
MANAGEMENT BOARD OF EACH PROTECTED ARFA, OF SEVENTY: IVE
PERCENT (75%) OF ALL REVENUES RAISED THEREFROM and may be utilized
directly by the DENR for the above purpose. THE REMAINING TWENTY FIVE
(25%) SHALL ACCRUE TO THE NATIONAL INTEGRATED PROTECTED
AREAS FUND WIIICH SHALL BE ESTABLISHED AT THF DENR LEVEL FOR
THE PURPOSE OF FUNDING MANAGEMENT AND DEVELOPMENT OF
OTHER PROTECTED AREAS.

‘These incomes shall be derived from:

(a) Taxes from the permitted sale and export of flora and fauna and other resources
from protected areas;

(b) Proceeds from lease of multiple-use areas;

(c} Contributions from industries and facilities directly benefiting from the protected
areas;

(4) Such other fees and incomes derived from the operation of the protected urea: and

(©) ENVIRONMENTAL FEES INCLUDING FINES IMPOSED DUE VIOLATION
OF ENTERPRISES LOCATED IN PROTECTED AREAS. INCLUDING THEIR
BUFFER ZONES AND MULTIPLE-USE ZONES SHALL ACCRUE TO THE
INTEGRATED PROTECTED AREAS FUND.


THE FUND, INCLUDING ALL DONATIONS, GRANTS, ENDOWMENTS FROM
VARILOS SOURCES AND OTHER CONTRIBUTIONS SHALL BE DEPOSITED
IN ANY GOVERNMENi BANK WITHIN THF LOCALITY WHERE EACH
PROTECTED AREA IS LOCATED, PROVIDED, THAT IS THERE {S NO
GOVERNMENT BANK AVAILABLE IN THE LOCALITY, AN ACCOUNT
SHALL BE OPENED IN A GOVERNMENT BANK NEAREST TO THE
LOCALITY.

DISBURSEMENTS FROM THE FUND SHALL BE MADE SOLELY FOR THF.
PROTECTION, MAINTENANCE, ADMINISTRATION AND MANAGEMENT
OF THE SYSTEM, AND DULY APPROVED PROJECTS ENDORSED BY THE
PAMBS IN THR AMOUNTS AUTHORIZED BY DENR IN ACCORDANCE
WITH EXISTING ACCOUNTING, BUDGETING AND AUDITING RULES AND
REGULATIONS; PROVIDED FURTHER, THAT THE FUND SHALL NOT BE
USED TO COVER PERSONAL SERVICES EXPENDITURES.

Section 7. Prohibited Acts - The prohibited acts under RA No, 7586 are hereby
AMENDED SUCH AS FOLLOWS:

“SFC, 20, Prohibited Acts. - Except as may be allowed by the nature of their catezories
and pursuant to nules and regulations goveming the same, the following acts are
prohibited within protected areas.

(a) Hunting, destroying. or mere possession of my plants or animals or products
derived there from without a permit from the Management Board;

(>) Dumping of any waste products detriment to the protected area, or 1o the plants
and animats or inhabitants therein:

{c) Use of any motorized equipment without a permit fom the Management Board:

(4) Mutilating, defacing or destroying objects of natural beauty, or objects uf interest
to cultural communities (of scenic value);

(e) Damaging and leaving roads and trails in a damayed condition;
(2) Squatting, minerat locating, or otherwise occupying any land;

(g) Constructing or maintaining any kind of structure, fence or enclosure, conducting
any business enterprise without a permit;

(hy) Leaving in exposed or unsanitary conditions refuse or debris, or deposiing in
gtound or in bodies of water;

(i) Altering, removing destroying or defacing boundary marks or signs,
() TREASURE HUNTING; AND

(k) QUARRYING AND SIMILAR ACTIVITIES.


Section 8, Penalties — Section 21 of RA No. 7586 is amended as follows.

“SEC. 21. Penalties. - Whoever violates this Act or any rules and regulanons issued by
the Department pursuant to this Act or whoever is found guilty by a competem court of
justice of any of the offense in the preceding section shall be fined in the amount of not
less than FIVE HUNDRED THOUSAND PESOS (500,000) NOR MORE THAN
ONE MILLION PESOS (PI,000,000) exclusive of the value of the thing damaged or
imprisonment for not less than TWO YEARS (2) BUT NOT MORE THAN TEN 110)
YEARS or both, as detennined by the coun, the offender shall also be required to
restore or compensate for the restoration to the damage: Provided, further. That the
court shall order the eviction of the offenses from the land and the forfeiture in favor of
the Government of all minerals, timber or any species collected or removed including
all equipment, devices and firearms used in connection there with, and any construction
or improvement made thervon by the offender. If the offender is an association or
corporation, the president or manager shall be directly responsible for the act of his
employees and laborers: Provided, finally, That the DENR may impose administrative
fines and penalties consistemt with this Act.

Section 9. Implementing Rules and Regulations, The Department of Enviroament and
Natural Resources shall prepare and issue the implementing rules and regulations of this Act
within 90 days from the approval of this Act

Section 10. Repealing Clause. Ail laws, decrees, orders, rules and regulations or portions
thereof, inconsistent with this Act are hereby repealed or modified accordingly

Section 11, Effectivity — This Act shall ake effect 15 days afier its complete publication in
‘two newspapers of general circulation,

Approved