NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
S. No. 2225
litW S’nintf
CP of • I i ? 
" i: ? 11 S']’
23 MAY 23 A 9 55
RECEIVED BV.
Introduced by SENATOR CYNTHIA A. VILLAR
AN ACT
ESTABLISHING PIGBUCAN POINT TO PARON POINT OF MANITO IN THE 
PROVINCE OF ALBAY AS A PROTECTED AREA UNDER THE CATEGORY OF 
PROTECTED SEASCAPE, PROVIDING FOR ITS PROTECTION, 
CONSERVATION, PROPER MANAGEMENT, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Under the 1987 Philippine Constitution, it is a declared policy 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"1 In line with 
safeguarding a healthful ecology, the Constitution likewise provides that Congress 
shall determine the national parks, which shall be conserved and may not be 
increased nor diminished, except by law2.
These constitutional obligations led to the establishment of the National 
Integrated Protected Areas System (NIPAS) under Republic Act (RA) No. 7586, which 
was later amended by RA No. 11038 or the "Expanded NIPAS Act of 2018". The 
NIPAS aims to safeguard the perpetual existence of all native plants and animals for 
current and future generations by creating a comprehensive system of protected
1 Article II, Section 16,1987 Philippine Constitution
2 Article XII, Sec. 3,1987 Philippine Constitution


areas that encapsulate rich, unique, and biologically significant regions, including 
habitats of endangered species and biogeographic zones.
As of May 2023, the Philippines has officially declared 114 protected areas 
through legislation. Despite this, based on data and various suitability assessments 
from the Biodiversity Management Bureau (BMB) of Department of Environment and 
Natural Resources (DENR), numerous potential sites in the country await legislative 
action to attain protected area status in order to facilitate their conservation.
This proposed bill seeks to declare the area extending from Pigbucan Point to 
Paron Point in the Province of Albay as a protected seascape under the NIPAS. This 
aligns with the strategic necessity of establishing protected areas to safeguard 
biodiversity, preserve vital habitats, and maintain ecological balance. Such initiatives 
also deliver multiple benefits, including resilience to climate change, global food 
security, water quality maintenance, natural resource conservation, economic 
development, prevention of diseases and pests, and numerous advantages to wildlife 
and human health3.
Pigbucan Point to Paron Point of Manito, Albay is among the areas included as 
part of our country's mangrove swamp forest reserves by virtue of Presidential 
Proclamation No. 2152, series of 1981, also known as the "Declaration of the Entire 
Province of Palawan and Certain Parcels of the Public Domain and/or Parts of the 
Country as Mangrove Swamp Forest Reserves". In 2020, a Protected Area Suitability 
Assessment (PASA) conducted by the Department of Environment and Natural 
Resources (DENR) found that the proposed Manito Protected Seascape (MPS) - 
which spans seven coastal barangays of Manito, specifically Tinapian, Manumbalay, 
Buyo, Itba, Cawit, Pawa, and Hologan and with a total area of 3,040.01 hectares - 
boasts a diverse range of marine habitats such as mangrove forests, seagrass beds, 
and coral reefs along its rich coastline, serving as home to various threatened flora 
and fauna.
3 Secretariat of the Convention on Biological Diversity, 2008
2


To support the preservation, conservation, and proper management of 
Manito's coastal and marine environment, this bill proposes to include the Manito 
Protected Seascape in the list of legislated protected areas under the National 
Integrated Protected Areas System.
Following the filing of House Bill No. 7129 by Representative Joey S. Salceda 
of the 2nd District of Albay, which seeks to establish Pigbucan Point to Paron Point of 
Manito in Albay as a protected area, I am encouraged to file a counterpart bill In the 
Senate and advocate for its passage.
Hence, I seek the swift approval of this bill.
CYNTHIA A. VILLAR


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
s. No. 2225
of lUe erarjj
23 MAY 23 A9 55
iVXeiVED 3'
Introduced by SENATOR CYNTHIA A. VILLAR
AN ACT
ESTABLISHING PIGBUCAN POINT TO PARON POINT OF MANITO IN THE 
PROVINCE OF ALBAY AS A PROTECTED AREA UNDER THE CATEGORY OF 
PROTECTED SEASCAPE, PROVIDING FOR ITS PROTECTION, 
CONSERVATION, PROPER MANAGEMENT, AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
1 
Sec. 1. Title. - This Act shall be known as the "Manito Protected Seascape
2 
Act".
3 
Sec. 2. Declaration of Policy. - Cognizant of the profound impact of human
4 
activities on all components of the natural environment, it is declared the policy of
5 
the State to secure for the Filipino people of present and future generations, the
6 
perpetual existence of all ecologically important flora and fauna through the
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declaration of protected areas under the National Integrated Protected Area System
8 
(NIPAS) within the classification of national park as provided for in the Constitution.
9 
In recognition of the richness of the biological resources, both flora and fauna
10 
of Pigbucan Point to Paron Point, as well as their aesthetic and ecological
11 
Importance, it is hereby declared as protected area with a category of protected
12 
seascape and shall hereinafter be referred to as Manito Protected Seascape (MPS).
13 
As such, the State shall ensure the conservation, protection, management and


1 
rehabilitation of the area. It is likewise recognized that effective administration of
2 
this area is possible only through cooperation among national government,
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concerned local government unit (LGU), non-governmental organizations (NGOs),
4 
private entities and local communities. The use and enjoyment of this area must be
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consistent with the principles of biological diversity and sustainable development.
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In doing so, the State shall ensure the full implementation of this Act, the
7 
mobilization of resources for the institutional mechanisms herein established, and
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the full scientific and technical support needed for the conservation of biodiversity
9 
and the integrity of the ecosystems, socio-culturai practices.
10 
Sec. 3. Scope and Coverage. - The boundaries of the Manito Protected
11 
Seascape, which falls under the category of Protected Seascape as defined herein,
12 
within the municipality of Manito, are as follows:
LINE
BEARING
DISTANCE
(m.)
1 - 2
N41030'W
134.98
2-3
N56°5rw
227.57
3-4
S70°43,W
151.40
4-5
S81°12'W
240.13
5-6
N46°41'W
152.76
6-7
S21°11'W
61.35
7-8
S40038'W
60.54
00
1
^3
S53045'W
70.48
9-10
S68°06'W
89.61
10-11
N55°23,W
60.69
11 - 12
N20°55,W
68.33


12- 13
N08032'W
247.29
13 - 14
N00°38,W
231.66
14-15
N04°09,E
120.71
15-16
N34°40,E
96.86
16-17
S05°12'W
85.90
17- 18
S22°18'E
163.92
18-19
S08°26,W
106.13
19-20
S56040'E
176.87
20 - 21
S00o00'W
77.77
21 - 22
S55°00'W
47.46
22-23
S33°32'E
84.51
23-24
N71058'E
59.82
24-25
S46°41'E
152.76
25-26
S21°42'W
118.65
26-27
S16°13,E
168.89
27-28
S34°35,E
128.44
28-29
S24°04'W
425.27
29-30
S00o00'W
52.76
30-31
S71°34'E
27.81
31-32
N35000’E
53.67
32-33
N59°56'E
96.52
33-34
S48°01'E
59.15
34-35
S29°07,W
397.63
35-36
S56°17'W
215.88


36-37
S06°20'E
154.38
37-38
S07°38'W
265.38
38-39
S43°40,W
401.14
39-40
S35000'W
161.00
40-41
S10°18,E
147.46
41-42
S35°06,W
198.81
42-43
S83°48'W
203.43
43-44
N49009'W
215.07
44-45
N50°11,W
156.70
45-46
N87°25'W
172.34
46-47
N39°48,W
67.92
47-48
N74°41,W
119.63
48-49
N45029'W
209.94
49-50
N64°2rW
177.93
50-51
N83°46,W
287.24
51 - 52
N58°10'W
171.52
52-53
N79058'W
248.84
53 - 54
S63°21'W
304.73
54-55
S25032'W
207.89
55-56
S09041'E
579.21
56-57
S32021'W
179.93
57-58
S68059'W
79.95
58-59
S00001'E
160.72
59-60
S40°07,E
160.50


60-61
S40003'W
283.25
61-62
N82°3rW
183.07
62-63
N66°20’W
1957.32
63-64
N32°53,E
6751.24
64-65
N89°57'E
7375.25
65-66
S00°07,W
2896.16
66-67
s70°orw
1332.56
67-68
N38°09,W
177.91
68-69
N16°25,W
167.50
69-70
N14°09'E
141.63
70-71
N03°54,W
254.02
71-72
N07°42,E
340.44
72-73
N09010'W
195.40
73 - 74
N02°39'E
105.94
74-75
N24°02,E
96.91
75-76
N37007'W
189.03
76-77
N47°45'W
239.46
77-78
S78°00,W
142.25
78-79
N79058'W
130.80
79-80
N51°55,W
108.83
80-81
S25°13'W
139.04
81-82
S58°26'W
308.33
82-83
S80004'W
137.72
83-84
N40°45'W
122.41


84-85
N53°57,W
156.34
85-86
N81°09,W
107.23
86-87
S87°52'W
241.19
87-88
N69°03,W
269.12
88-89
N80°04'W
165.23
89-90
N72°05'W
295.48
90-91
N85°46,W
75.12
91-92
S38°30,W
36.50
92-93
S14037'W
93.81
93-94
S32°01,E
58.83
94-95
S85°40,W
32.26
95-96
S79°12,W
82.14
96-97
N78°44'W
342.08
97-98
S89°15,W
120.53
98-99
N41°36,W
193.76
99 - 100
N85°50'W
30.51
100 - 101
S65052'W
96.02
101 - 102
S54002'W
214.87
102 - 103
S44°14'W
95.27
103 - 104
S65°07,W
137.80
104 - 105
S79°37,W
161.10
105 - 106
S55°33'W
76.44
106 - 107
S31°25,W
58.03
107 - 108
S06°27,E
177.50


108 - 109
S30007'E
197.06
109 - no
S01058'E
112.83
110-111
S15°57,W
113.23
111 - 112
N30°15,W
108.04
112-113
N39°35'W
112.26
113 - 114
S89°32,W
119.02
114- 115
S84°48,W
128.85
115-116
S11°30'W
234.12
116-117
S52049'W
141.54
117- 118
S41°11'E
41.33
118-119
N63°26,E
121.73
119 - 120
S12°13,E
385.92
120 - 121
S44°17'E
249.05
121 - 122
S67°59'E
104.62
122-1
S36°08,W
274.71
1 
The Department of Environment and Natural Resources (DENR), with the
2 
assistance from other government agencies, if necessary, shall delineate and
3 
demarcate on the ground the boundaries of the protected area. Any modification of
4 
the coverage of this Act due to such factors as changing ecological situations, new
5 
scientific or archeological findings, or discovery of traditional boundaries not
6 
previously considered shall be made through an act of Congress, after consultation
7 
with the affected public and concerned government agencies.
8 
Sec. 4. Definition of Terms. - For purposes of this Act, the following terms
9 
shall be defined as follows:
10
a) Biological diversity or biodiversity refers to the variability among living
7


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organisms from all sources including, inter alia, terrestrial, marine and 
other aquatic ecosystems and the ecological complexes of which they 
are part; this inciudes diversity within species, between species and of 
ecosystems;
b) 
Bioprospecting refers to the research, collection, and utiiization of 
biologicai and genetic resources for purposes of applying the 
knowiedge derived therefrom solely for commercial purposes;
c) 
Buffer zones refer to identified areas outside the boundaries of and 
immediately adjacent to designated protected areas that need special 
development control in order to avoid or minimize harm to the 
protected area;
d) 
By-products or Derivatives refer to parts taken, or substances extracted 
from wildlife, in raw or in processed form;
e) 
Coiiecting refers to the act of gathering or harvesting wildlife and Its 
by-products or derivatives;
f) 
Conveyance refers to every kind of vessel, including motorized or non- 
motorized vehicles, non-displacement crafts and seaplanes that are 
used or may be used as a means of transportation on land or water. It 
shall include everything found therein, except personal effects;
g) 
Deiineation refers to the actual ground survey of the boundaries of 
protected areas and their buffer zones and management and 
management zones using the global positioning system (GPS) or other 
applicable survey instruments and technologies, with the intention of 
producing a map of the area;
h) 
Demarcation refers to the establishment of the boundaries of protected 
areas and their buffer zones using visible markers, monuments, buoys 
In case of marine areas, and known natural features and landmarks.
8


among others, as a result of the actual ground delineation;
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i) 
Ecosystem goods and services refer to the multitude of material and 
nonmaterial provisions and benefits from healthy ecosystems necessary 
for human sustenance, well-being, and survivai including support 
processes, provisioning and environment regulating services, and 
cultural resource preservation services;
j) 
Endemic species refer to the species or subspecies of flora and fauna 
which are naturally occurring and found within specific areas in the 
country;
k) 
Exotic species refer to the species or subspecies of flora and fauna 
which do not naturally occur within the protected area at present or in 
historical time;
l) 
Expioration refers to the act of searching or prospecting for mineral 
resources, as defined by law, by geological, geochemical or geophysical 
surveys, remote sensing, test pitting, trenching, drilling, shaft sinking, 
tunneling or any other means, for the purpose of determining the 
existence, extent, quantity, and quality of resources in an area, and the 
feasibility of utilizing these resources for profit;
m) 
Gear refers to any instrument or device and its accessories utilized in 
taking, catching, gathering, killing, hunting, destroying, disturbing, 
removing, or possessing resources within the protected area;
n) 
Geneticaiiy modified organism (GMO) refers to any living organism that 
possesses a novel combination of genetic material through the use of 
modern biotechnology;
o) 
Hunting refers to the killing or catching of wild fauna for food and 
recreational purposes, with the use of weapons such as guns, bow and 
arrow, spears, traps and snares, and the like;


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p) 
Integrated Protected Area Fund (IPAF) refers to the special account 
established for the purpose of financing projects of the NIPAS and 
individual protected areas;
q) 
Invasive alien species refer to species introduced deiiberately or 
unintentionally outside their natural habitats where they have the 
ability to establish themselves, invade, outcompete native species, and 
take over the new environment;
r) 
Kaingin refers to the slash-and-burn cultivation of vegetated land in a 
protected area, whether occupied or not, shifting and permanent with 
little or no provision to prevent soil erosion;
s) 
Multiple-use zone refers to the area where settlement, traditional and 
sustainable land use including agriculture, agroforestry, extraction 
activities, and income generating, or livelihood activities may be 
allowed to the extent prescribed in the protected area management 
plan;
t) 
National Integrated Protected Areas System (NIPAS) refers to the 
classification and administration of all designated protected areas to 
maintain essential ecological processes and life-support systems, to 
preserve genetic diversity, to ensure sustainable use of resources found 
therein, and to maintain their natural conditions to the greatest extent 
possible;
u) 
National park refers to the lands of the public domain classified as such 
in the Constitution which include all areas under the NIPAS pursuant to 
this Act, primarily designated for the conservation of native plants and 
animals, their associated habitats and cultural diversity;
v) 
Occupying refers to a continuous stay of individuals or groups within a 
protected area, whether residing or engaging in the cultivation of land
10


or fishing for more than twenty-four (24) hours;
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w) 
Poaching refers to gathering, collecting, or possessing products or 
natural resources from the protected area by any individual person, 
corporation or entity whether local or foreign; in the case of marine 
protected areas, operating any foreign fishing vessels by any person, 
corporation, or entity without a permit;
x) 
Protected area refers to identified portions of land and/or water set 
aside by reason of their unique physical and biological significance, 
managed to enhance biological diversity and protected against 
destructive human exploitation;
y) 
Protected area occupants refer to persons who are residing, utilizing, 
and cultivating areas within the protected area. These include private 
owners, IPs, tenured migrants and informal settlers;
z) 
Protected Area Retained Income Account refers to the trust fund 
maintained by any protected area and administered by the respective 
Protected Area Management Boards (PAMB) created pursuant to this 
Act representing the seventy-five percent (75%) of revenues generated 
from the protected area to support Its operation and management;
aa) Protected iandscape and/or seascapes refer to areas of national 
significances which are characterized by the harmonious interaction of 
man and land and water while providing opportunities for public 
enjoyment through recreation, tourism, and other economic activities;
bb) Protected species refer to plants or animals declared protected under 
Philippines laws, rules, and regulations. These shall include all species 
listed under the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora and all its Annexes, the Convention on 
the Conservation of Migratory Species (CMS), those specified under the
11


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red-list categories of the International Union for Conservation of Nature 
and Natural Resources (lUCN), or any plant or animal which the 
Department of Environment and Natural Resources (DENR), PAMB or 
any government agency may deem necessary for conservation and 
preservation In the protected area;
cc) Quarrying refers to the process of extracting, removing, and disposing 
sand, gravel, guano, limestone, and all other resources used as 
building and construction materials that are found within the protected 
area;
dd) Resource reserve refers to an extensive, relatively isolated, and 
uninhabited area which is difficult to access and is designated to 
protect the natural resources of the area for future use and prevent or 
contain development activities that could affect the resources, pending 
the establishment of sustainable resource utilization goals which are 
based upon appropriate information and planning;
ee) Special Account in the General Fund (SAGF) refers to the trust fund 
deposited in the national treasury representing the twenty-five percent 
(25%) of the revenues generated from the operation of individual 
protected area and earmarked to support the NIPAS;
ff) Strict Protection zone refers to an area possessing some outstanding 
ecosystem, features, and species of flora and fauna of national 
scientific importance that should be maintained to protect and preserve 
nature in its undisturbed state and to preserve ecologically 
representative examples of the natural environment to ensure their 
availability, or degraded areas that have been designated for 
restoration and subsequent protection, even if these areas are still in 
various stages of regeneration; and shall be closed to all human 
activity except for scientific studies, environmental monitoring, 
education, and for the maintenance of genetic resources in a dynamic
12


and evolutionary state may include habitats of threatened species;
2 
gg) 
Tenured migrants refer to protected area occupants who have been
3 
actually, continuously and presently occupying a portion of the
4 
protected area for five (5) years before the prociamation or law
5 
establishing the same as a protected area, and are solely dependent
6 
therein for subsistence;
7 
hh) 
Threatened species refer to species or subspecies considered criticaily
8 
endangered, vulnerable, or other accepted categories of wildlife whose
9 
population is at risk of extinction;
10 
ii) 
Wetiands refer to a wide variety of iniand habitats such as marshes,
11 
peatlands, floodplains, rivers and iakes, and coastai areas such as
12 
saitmarshes, mangroves, intertidal mudflats and seagrass beds, and
13 
also coral reefs and other marine areas no deeper than six (6) meters
14 
at iow tide, as weli as human-made wetlands such as dams, reservoirs,
15 
rice paddies and wastewater treatment ponds and lagoons; and
16 
jj) 
Wiidiife refers to the wild forms and varieties of flora and fauna, in all
17 
developmental stages, including those which are in captivity or are
18 
being bred, fed, or propagated.
19 
Sec. 5. Buffer Zone. - When necessary, the DENR Secretary, upon the
20 
recommendation of the PAMB, may designate areas surrounding the protected areas
21 
as buffer zones for the purpose of providing extra layer of protection where
22 
restrictions may be applied: Provided, that, in cases where the designated buffer
23 
zone would cover private lands, the owners thereof shall be required to design their
24 
development with due consideration to the protected area management plan.
25 
Sec. 6. Management Rian. - Within one (1) year from the establishment of
26 
the protected area, there shall be a management plan formulated for each protected
27 
area that shall serve as the basic long-term framework plan for the management of
13


1 
the protected area and guide In the preparation of its annual operations plan and
2 
budget.
3 
The management plan shall, at the minimum, promote the adoption and
4 
Implementation of innovative management techniques including, when necessary,
5 
zoning, buffer zone management, habitat conservation and rehabilitation, diversity
6 
management, community organizing and development, socioeconomic and scientific
7 
researches, site-specific policy development, climate change adaptation and
8 
mitigation, disaster risk reduction and management, waste sewerage and septic
9 
management, and gender and development, among others.
10 
Sec. 7. Management of the Manito Protected Seascape. - The management
11 
and administration of the protected area shall be vested with the Protected Area
12 
Management Board (PAMB): and placed under the control and administration of the
13 
DENR through the Biodiversity Management Bureau (BMB) through National
14 
Integrated Protected Areas System (NIPAS).
15 
Sec. 8. Protected Area Management Board (PAMB). - Within three (3) months
16 
after the effectivity of this Act, a PAMB shall be created for each of the protected
17 
areas designated as initial component, established by presidential proclamation, and
18 
declared by law. The Board shall be composed of the following:
19 
a) 
DENR Regional Director under whose jurisdiction the protected area is
20 
located, as Chairperson;
21 
b) 
Governor/s of the province/s where the protected area is located or
22 
their duly designated representative/s;
23 
c) 
A Senator of the Republic of the Philippines who is duly registered
24 
resident of the city or province where the protected area Is located or a
25 
duly authorized representative, 
unless the Senator declines
26 
membership in the PAMB;
27 
d) 
District RepresentatIve/s of the Congressional district/s where the
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protected area is located or their duly designated representatives, 
unless the District Representative declines membership in the PAMB;
e) 
Mayor/s of the city/cities or municipallty/municipallties where the 
protected area Is located or their duly designated representative/s;
f) 
Chairperson/s of the barangay/s where the protected area Is located;
g) 
Regional Directors of the following government agencies, namely: The 
Department of Agriculture (DA), the National Economic and 
Development Authority (NEDA), the Department of Science and 
Technology (DOST), the Philippine National Police (PNP), and the 
Department of National Defense (DND);
h) 
Three (3) representatives from either an NGO or PO, duly accredited 
both by the DENR and the provincial government. The NGO or PO 
represented should have been in existence for at least five (5) years 
and with track record in or related to the protected area management;
i) 
At least one (1) but not more than three (3) representatives from all 
the IPs/ICCs present In the area and recognized by the National 
Commission on Indigenous Peoples (NCIP);
j) 
One (1) representative from an academic institution, preferably from a 
university or college in the province where the protected area is 
located, with proven track record in or related to the protected area 
management;
k) 
One (1) representative from the private sector, preferably a resident of 
the province where the protected area is located, who is distinguished 
in a profession or field of interest relevant to the protected area 
management;
l) 
Ex officio members or members of the PAMB by virtue of their elective
15


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or appointive government positions as specified in the immediately 
preceding subparagraphs (a), (b), (c), (d), (e), (f) and (g), shall serve 
for the duration of their respective terms of office in their respective 
elective or appointive government positions;
m) 
On the other hand, the members of the PAMB specified under 
subparagraphs (h), (I), (j), and (k) of this section shall be appointed by 
the DENR Secretary after the conduct of a transparent and fair 
selection process. They shall each serve a term of three (3) years and 
may be reappointed for another term;
n) 
The members of the PAMB shall serve without compensation, except 
for the actual and necessary traveling and subsistence expenses 
incurred in the performance of their duties, either in their attendance in 
meetings of the PAMB or in connection with other official business 
authorized through a resolution of the PAMB or in connection with 
other official business authorized through a resolution of the PAMB, 
subject to existing rules and regulations. Each member shall have the 
full capacity and accountability for decisions binding to the member's 
sector; and
o) 
The PAMB members duly appointed prior to the effectivity of this Act 
shall continue their term until the expiration of their appointment. 
Thereafter, members of the management board shall be appointed in 
accordance with the provisions of this Act: Provided, That the Regional 
Director of the DENR shall ensure that the relevant members of the 
PAMB are duly appointed by the DENR Secretary: Provided, further. 
That at least forty percent (40%) of the PAMB members shall be 
women, pursuant to Republic Act No. 9710 or 'The Magna Carta of 
Women';
A member of the PAMB may be removed for any of the following grounds:
16


a) More than three (3) consecutive unexcused absences from regular 
meetings of the management board;
b) Commission of acts prejudicial to the management of protected areas 
as embodied in Section 20 hereof and/or other existing rules and 
regulations governing protected areas;
6 
c) 
Disassociation from the office or organization being represented;
7 
d) 
Termination of relationship with the office or organization 
being
8 
represented; or
9 
e) 
Conviction by final judgment of any criminal act.
10 
Sec. 9-A. Powers and Functions of the PAMB. — The PAMB shall have the
11 
following powers and functions:
12
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16
17
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20
21
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23
24
25
a) 
Oversee the management of the protected area;
b) 
Approve policies, plans and programs, proposals, agreements and other 
related documents for the management of the protected areas;
c) 
Approve the management plan of the protected area and ensure Its 
harmonization and integration with the ADSDPP, land use plan and 
other development plan, public or private, and its implementation;
d) 
Adopt a manual of operations to include rules of procedures in the 
conduct of business and the creation of committees and their respective 
terms of reference;
e) 
Recommend the deputation of appropriate agencies and individuals for 
the enforcement of the laws, rules and regulations governing the 
management of the protected area;
f) 
Allocate financial resources for the implementation of the management 
plan and manage the Protected Area Retention Income Account and
17


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Other funds in accordance with the accounting and budgeting rules and 
regulations;
g) 
Set fees and charges In accordance with existing guidelines;
h) 
Issue rules and regulations for the resolution of conflicts through 
appropriate and effective means;
i) 
Recommend appropriate policy changes to the DENR and other 
government authorities;
j) 
Monitor and assess the performance of the Protected Area 
Superintendent (PASU) and other protected area personnel and 
compliance of partners with the terms and conditions of any 
undertaking, contract or agreement;
k) 
Recommend from among a shortlist of qualified candidates, the 
designation or appointment of the PASU; and
l) 
Assess the effectiveness of the management of the protected area: 
Provided, That the members of the management board representing 
the LGUs and national agencies in the PAMB shall inform their 
respective constituents, offices or sectors, of PAMB-approved or other 
relevant policies, rules, regulations, programs, and projects and shall 
ensure that the provisions of this Act and its implementing rules and 
regulations are complied with, and used as reference and framework in 
their respective plans, policies, programs, and projects. Failure to 
comply with the foregoing shall be the basis for disciplinary action 
against such member according to administrative rules and regulations 
and such penalties as the PAMB may provide: Provided, further. That 
the DENR, through the Regional Director, shall ensure that the PAMB 
acts within the scope of its powers and functions. In case of conflict
18


1 
between the resolutions Issued by the PAMB and the existing
2 
administrative orders of national application, the latter shall prevail.
3 
Sec. 9-B. The Protected Area Management Office (PAMO). - There is hereby
4 
established a Protected Area Management Office (PAMO) to be headed by a
5 
Protected Area Superintendent (PASU) with a permanent plantilla (Salary Grade 24)
6 
position who shall supervise the day-to-day management, protection and
7 
administration of the protected area. A sufficient number of support staff with
8 
permanent plantilla position shall be appointed by the DENR to assist the PASU in
9 
the management of the protected area.
10 
The PASU shall be primarily accountable to the PAMB and the DENR for the
11 
management and operations of the protected area. Pursuant thereto, the PASU shall
12 
have the following duties and responsibilities:
13
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15
16
17
18
19
20
21
22
23
24
25
26
a) 
Prepare the management plan, in consultation with the stakeholders, 
including the annual work and financial plans and ensure its 
implementation;
b) 
Ensure the integration of the protected area management plans, 
programs, projects, and policies with relevant national and LGUs' plans 
and programs;
c) 
Provide secretariat services to the PAMB and its committees and ensure 
the availability of relevant and timely information for decision-making;
d) 
Formulate and recommend to the PAMB proposed policies, rules, 
regulations and programs;
e) 
Establish, operate, and maintain database management system which 
shall be an Important basis for decision-making;
f) 
Enforce the laws, rules and regulations relevant to the protected area, 
commence and institute administrative and legal actions in
19


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27
collaboration with other government agencies or organizations, and 
assist in the prosecution of offenses committed in violation of this Act;
g) 
Monitor, evaluate, and report the implementation of management 
activities of the protected area;
h) 
Request for and receive any technicai assistance, support or advice 
from any agency or instrumentality of the government as well as 
academic institutions, NGOs, and the private sector, as may be 
necessary for the effective management, protection and administration 
of the protected area;
i) 
Issue permits and clearances for activities that implement the 
management plan and other permitted activities in accordance with 
terms, conditions, and criteria established by the PAMB: Provided, That 
all permits for extraction activities, including collection for research 
purposes, shail aiso continue to be issued by reievant authorities, 
subject to prior clearance from the PAMB, through the PASU, in 
accordance with the specific acts to be covered;
j) 
Collect and/or receive pertinent fees, charges, donations, and other 
income for the protected area: Provided, that such fees, charges, 
donations, and other income coilected/received shall be reported 
regularly to the PAMB and the DENR in accordance with existing 
guidelines;
k) 
Prepare and recommend to the PAMB, approval of the annual work and 
financial plans of the protected area based on the management plan;
l) 
Perform such other functions as the PAMB and the DENR may assign; 
and
m) 
The PAMO may be augmented by the deputized local environment and 
natural resources officers upon the recommendation of the PAMB and
20


1 
approval of the DENR.
2 
Sec. 10. Environmental Impact Assessment (EIA). - Considering that
3 
protected areas are environmentally critical areas, the proponent of development
4 
projects and activities with potentially significant adverse impacts as determined by
5 
the Environmental Management Bureau (EMB), whether or not these projects or
6 
activities are included in the management plan, shall secure an Environmental
7 
Compliance Certificate (ECC) In accordance with the Philippine Environment Impact
8 
Statement (EIS) System: Provided, That for development projects and activities that
9 
are not environmentally critical, an initial environmental examination (lEE) shall be
10 
undertaken instead of a full-blown EIA. No project or activity may be undertaken by
11 
any project proponent without prior clearance from the PAMB. The DENR shall
12 
require the submission of the PAMB clearance, among others, before Issuing an ECC
13 
to a project proponent.
14 
No actual Implementation of such activities shall be allowed without the
15 
required ECC under the Philippine EIA System. Violations of environmental laws,
16 
rules and regulations, including those under the EIA System, shall be penalized
17 
accordingly.
18 
Sec. 11. Energy Resources. - Consistent with the policies declared In Section
19 
2 hereof, the exploration for energy resources may be allowed in protected areas
20 
only for the purpose of gathering data and information and only if such activity is
21 
carried out with the least damage to surrounding areas.
22 
Surveys for nonrenewable energy projects shall be conducted only in
23 
accordance with a program approved by the DENR, and the result of such surveys
24 
shall be made available to the public and submitted to the President who shall make
25 
the appropriate recommendations to Congress. The development and operation of
26 
nonrenewable energy projects are prohibited in strict protection zone.
27 
Renewable energy projects may be allowed within the protected area by the
28 
PAMB with the concurrence of the DENR Secretary: Provided, that renewable energy
21


1 
projects, which shall be located outside the strict protection zones, shaii undergo the
2 
EIA as provided by law, and shall adopt reduced impact technoiogies so as not to be
3 
detrimental to ecosystem functions, biodiversity, cultural practices and traditions:
4 
Provided, that sufficient bond shaii be remitted by the proponent to the DENR. The
5 
amount of which will be based on damage estimation upon decommissioning and
6 
projected cause of rehabiiitation. It shaii be released to the depositor upon the
7 
satisfactory decommissioning of aii equipment, structures and improvements and the
8 
rehabilitation of the site according to the zones and objectives of the management
9 
plan as attended to by the PAMB.
10 
Sec. 12. Areas Under the Management of Other Departments and
11 
Government Instrumentalities. - Should there be protected areas, or portions
12 
thereof, under the jurisdiction of government instrumentalities other than DENR,
13 
such jurisdiction shall remain in the said department or government instrumentality:
14 
Provided, That the DENR shall retain its oversight function over such protected
15 
areas, and the concerned agency shaii provide annuai reports on the management
16 
of said areas focusing on the conservation of the biodiversity therein.
17 
Sec. 13. Integrated Protected Area Fund (IPAF). - There is hereby
18 
established a trust fund to be known as Integrated Protected Area Fund (IPAF) for
19 
purposes of financing the projects and sustaining the operation of protected areas
20 
and the System. Income generated from the operation and management of the
21 
protected area shall accrue to the IPAF. The Income shall be derived from fees and
22 
charges from the use of resources and facilities of protected areas; contributions
23 
from industries and facilities directly benefiting from the protected area: and such
24 
other fees and income derived from the operation of the protected area.
25 
The PAMB shall retain seventy-five percent (75%) of all revenues raised
26 
through the above means, which shall be deposited in the Protected Area-Retained
27 
Income Account (PA-RIA) in any authorized government depository bank within the
28 
locality: Provided, That disbursements out of such deposits shall be used solely for
29 
the protection, maintenance, administration, and management of the protected area
22


1 and Implementation of duly approved projects of the PAMB.
2 
Grants, donations, and endowments from various sources, domestic or
3 
foreign, shall be deposited in full in a special account in the National Treasury to be
4 
used for the purpose specified in the deeds and instruments covering them.
5 
Voluntary or legislated payments for ecosystem goods and services, including
6 
fines, penalties, and compensation for damages from protected area offenses shall
7 
accrue fully to the PA-RIA and shall be managed by the PAMB.
8 
The remaining twenty-five percent (25%) of revenues shall be deposited as a
9 
special account in the General Fund in the National Treasury for purposes of
10 
financing the projects of the System.
11 
The use of the IPAF shall be in accordance with existing accounting,
12 
budgeting, and auditing rules and regulations: Provided, further. That the IPAF shall
13 
not be used to cover personal services expenditures.
14 
The DENR shall submit to the Department of Budget and Management (DBM)
15 
and the Department of Finance (DOF) quarterly reports on the financial and physical
16 
accomplishments on the utilization of the IPAF and other documents as may be
17 
required by the DBM, and shall furnish a copy of the same to the House Committee
18 
on Appropriations and the Senate Committee on Finance.
19 
Sec. 14. Tax Exemption. - All grants, bequests and endowments, donations
20 
and contributions made to the protected area fund to be used actually, directly, and
21 
exclusively by the protected area, shall be exempted from donor's tax and shall be
22 
considered as allowable deduction from the gross income of the donor for the
23 
purpose of computing the taxable Income of the donor In accordance with the
24 
provisions of the National Internal Revenue Code of 1997, as amended.
25 
Sec. 15. Field Officers. - All officials, technical personnel and forest guards
26 
employed in the integrated protected area service or all persons deputized by the
27 
DENR, upon recommendation of the Management Board shall be considered as field
23


1 
officers and shall have the authority to investigate and search premises and
2 
buildings and make arrests in accordance with the rules on criminal procedure for
3 
the violation of laws and regulations relating to protected areas. Persons arrested
4 
shall be brought to the nearest police precinct for investigation.
5 
Nothing herein mentioned shall be construed as preventing regular enforcers
6 
and police officers from arresting any person in the act of violating said laws and
7 
regulations.
8 
Sec. 16. Special Prosecutors and Retained Counsel. - Within thirty (30) days
9 
from the effectivity of this Act, the Department of Justice (DOJ) shall appoint special
10 
prosecutors to prosecute violations of laws, rules and regulations in protected areas.
11 
The special prosecutor shall coordinate with the PAMB and the PASU in the
12 
performance of duties and assist in the training of wardens and rangers In arrest and
13 
criminal procedures. The PAMB may retain the services of counsel to prosecute and
14 
assist in the prosecution of cases under the direct control and supervision of the
15 
regular or special prosecutor. Said counsel shall also represent and defend the
16 
members of the PAMB, PASU and the staff, or any DENR-deputized individual and
17 
volunteer, against any legal action arising from the performance of their powers,
18 
functions and responsibilities as provided in this Act.
19 
Sec. 17. Prohibited Acts. - Except as may be allowed by the nature of their
20 
categories and pursuant to rules and regulations governing the same, the following
21 
acts are prohibited within protected areas:
22 
a) 
Poaching, killing, destroying, disturbing of any wildlife including In
23 
private lands within the protected areas;
24 
b) 
Hunting, taking, collecting, or possessing of any wildlife, or by-products
25 
derived therefrom, including in private lands within the protected area
26 
without the necessary permit, authorization or exemption: Provided,
27 
That the PASU as authorized by the PAMB shall issue a permit,
28 
authorization or exemption only for culling, scientific research, the
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29
exceptions provided under Section 27(a) of Republic Act No. 9147 
(Wildlife Resources, Conservation and Protection Act) or harvests of 
nonprotected species in multipie-use zones by tenured migrants and 
IPs;
c) 
Cutting, gathering, removing or collecting timber within the protected 
area inciuding private iands therein, without the necessary permit, 
authorization, certification of pianted trees or exemption such as for 
cuiiing exotic species; except, however, when such acts are done in 
accordance with the duly recognized practices of the IPs/ICCs for 
subsistence purposes;
d) 
Possessing or transporting outside the protected area any timber, 
forest products, wiidiife, or by-products, derived therefrom which are 
ascertained to have been taken from the protected area other than 
exotic species, the culling of which has been authorized under an 
appropriate permit;
e) 
Using any fishing or harvesting gear and practices or any of their 
variations that destroys coral reefs, seagrass beds or other marine life 
and their associated habitats or terrestriai habitat as may be 
determined by the DA or the DENR: Provided, That mere possession of 
such gears within the protected areas shall be prima facie evidence of 
their use;
f) 
Dumping, throwing, using or causing to be dumped into or piaced in 
the protected area of any toxic chemical, noxious or poisonous 
substance or nonbiodegradabie materiai, untreated sewage or animal 
waste products or products whether in liquid, solid or gas state, 
inciuding pesticides and other hazardous substances as defined under 
Repubiic Act No. 6969, otherwise known as the 'Toxic Substances and 
Hazardous and Nudear Wastes Controi Act of 1990' detrimentai to the 
protected area or to the plants and animals or inhabitants therein;
25


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20 
21 
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24
25
g) 
Operating any motorized conveyance within the protected area without 
permit from the PAMB, except when the use of such motorized 
conveyance is the oniy practical means of transportation of IPs/ICCs In 
accessing their ancestral domain/land;
h) 
Altering, removing, destroying or defacing boundary marks or signs;
i) 
Engaging in 'kaingin' or in any manner, causing forest fires inside the 
protected area;
j) 
Mutilating, defacing, destroying, excavating, vandalizing or, in any 
manner, damaging any natural formation, religious, spiritual, historical 
sites, artifacts and other objects of natural beauty, scenic value or 
objects of interest to IPs/ICCs;
k) 
Damaging and leaving roads and trails in damaged condition;
l) 
Littering or depositing refuse or debris on the ground or In bodies of 
water;
m) 
Possessing or using blasting caps or explosives anywhere within the 
protected area;
n) 
Occupying or dwelling in any public land within the protected area 
without clearance from the PAMB;
o) 
Constructing, erecting, or maintaining any kind of structure, fence or 
enclosure, conducting any business enterprise within the protected 
area without prior clearance from the PAMB and permit from the DENR, 
or conducting these activities in a manner that is inconsistent with the 
management plan duly approved by the PAMB;
p) 
Undertaking mineral exploration or extraction within the protected 
area;
26


1 
q) Engaging in commercial or large-scale quarrying within the protected
2 
area;
3
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7
8 
9
10
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12
13
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15
16
17
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19
20 
21
24
25
26 
27
r) 
Estabiishing or introducing exotic species, including GMOs or invasive 
alien species within the protected area;
s) 
Conducting bioprospecting within the protected area without prior 
PAMB clearance in accordance with existing guidelines: Provided, that 
In addition to the penalty provided herein, any commercial use of any 
substance derived from nonpermitted bioprospecting within a protected 
area will not be allowed and all revenue earned from illegal 
commercialization thereof shall be forfeited and deposited as part of 
the IPAF;
t) 
Prospecting, hunting or otherwise locating hidden treasures within the 
protected area;
u) 
Purchasing or selling, mortgaging or leasing lands or other portions of 
the protected area which are covered by any tenurial instrument; and
v) 
Constructing any permanent structure within the forty (40)-meter 
easement from the high-water mark of any natural body of water or 
issuing a permit for such construction pursuant to Article 51 of 
Presidential Decree No. 1067: Provided, that construction for common 
usage wharves and shoreline protection shall be permitted by the 
PAMB only after thorough EIA.
22 
Sec. 18. Penalties. - Violations under this Act shall be subject to the following
23 
penalties:
a) A fine of not less than Two hundred thousand pesos (P200,000) but 
not more than One million pesos (P1,000,000) or imprisonment from 
one (1) year but not more than six (6) years, or both, plus damages of 
triple the value of the said resources, or both, shall be imposed upon
27


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7
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21 
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27
28 
29
any person who violates paragraphs (a) to (e) of Section 20 herein;
b) 
A fine of not less than Two hundred thousand pesos (P200/000) but 
not more than One million pesos (Pl^OOO.OOO) or imprisonment from 
one (1) year but not more than six (6) years, or both, shall be Imposed 
upon any person who violates paragraphs (f) to (n) of Section 20 
herein;
c) 
A fine of not less than One million pesos (P1,000,000) but not more 
than Five million pesos (P5,000,000) or imprisonment from six (6) 
years but not more than twelve (12) years, or both, shall be imposed 
upon any person who violates paragraphs (o) to (v) of Section 20 
herein;
d) 
A fine of Fifty thousand pesos (P50,000) daily shall be imposed on the 
owner of existing facilities within a protected area under Section 24 of 
this Act, if the existence of the same and its future plans and 
operations will be detrimental to the protected area. For every 
continuing violation, or if the violation continues to be committed for 
thirty (30) days and upon reaching a total fine of Five hundred 
thousand pesos (P500,000), the PAMB through the PASU and other 
deputized government entities, shall cause the cessation of operation 
and either forfeit in favor of the PAMO or demolish the facility at the 
cost of its owner. If the facility is government-owned, the agency in 
charge shall submit a plan for a substitute facility that complies with 
the protected area standards and, within one (1) year, execute the 
approved protected area management plan; and
e) 
Administrative fines of not less than Fifty thousand pesos (P50,000), 
but not exceeding Five million pesos (P5,000,000), shall be imposed by 
the DENR Secretary for the violation of any rule, regulation, or 
provision of any agreement reached with the PAMB: Provided, That if 
an area which has sustained damage from any activity conducted
28


1 
therein requires rehabiiitation or restoration as determined by the
2 
court, the offender shaii be required to restore or pay compensation for
3 
such damages, which payment shaii accrue to the IPAF.
4 
On the basis of a court order, the DENR shall cause the eviction of an
5 
offender from the protected area: Provided, that in cases of emergency, the DENR
6 
Secretary may order the immediate exit or departure of the offender from the
7 
protected area. The DENR Secretary may call on other enforcement agencies to
8 
assist in executing the order to vacate.
9 
An emergency occurs when there is a demonstrated impending threat to
10 
human life and biodiversity or to species found within the ecosystem of the
11 
protected area.
12 
All minerals, timber or species collected or removed from the protected area,
13 
including all equipment, devices, conveyances, and firearms used In connection
14 
therewith, shall be forfeited in favor of the government, and any construction or
15 
improvement made thereon by the offender shall be subject to confiscation by the
16 
PAMO, subject to the application of due process.
17 
The conveyances, vessels, equipment, paraphernalia, implements, gears,
18 
tools and similar devices used in the commission of the crime shall be dealt with in
19 
accordance with Part 4, Rule 12 (Custody and 
Disposition of Seized Items,
20 
Equipment, Paraphernalia, Conveyances and Instruments) of Administrative Matter
21 
No. 09-6-8-SC (Rules of Procedure for Environmental Cases) issued by the Supreme
22 
Court. However, in no case shall any confiscated or rescued protected animal species
23 
be sold or in any manner disposed of but shall be immediately turned over to the
24 
PAMO for rehabilitation and release to its natural habitat, subject to existing
25 
regulations. Valuation of the damage shall take 
into account biodiversity and
26 
conservation considerations as well as aesthetic and scenic value. The valuation and
27 
assessment by the DENR, in coordination with 
other concerned government
28 
agencies, shall be presumed regular, unless otherwise proven by preponderance of
29 
evidence.
29


N * *
1 
If the offender is an association or corporation, the president or manager,
2 
who is proven to have participated in or have actuai knowiedge of any violation
3 
against the provisions of this Act shali be directly liable for the act of the employees
4 
and laborers: Provided, finally, That the DENR may impose administrative fines and
5 
penalties consistent with this Act.
6 
Any person who shall Induce another or conspire to commit any of the acts
7 
prohibited in this Act, or force their workers to commit any of the same, shall be
8 
liable as principal.
9 
The penalties specified in this section shall be in addition to the penalties
10 
provided in Republic Act No. 9072 or the 'National Caves and Cave Resources
11 
Management and Protection Act', Republic Act No. 9147 or the 'Wildlife Resources
12 
Conservation and Protection Act', Republic Act No. 8550 or the 'Philippine Fisheries
13 
Code of 1998' and other related laws.
14 
The conviction of a public officer or officer of the law whether from the LGU
15 
or any national government agency for any violation of the provisions of this Act
16 
shall carry the accessory penalty of perpetual disqualification from public office.
17 
Sec. 19. Existing Rights. - All property and private rights within the protected
18 
area and Its buffer zones already existing and/or vested upon the effectivity of this
19 
Act shall be protected and respected in accordance with existing laws: Provided,
20 
That the exercise of such property and private rights shall be harmonized, as far as
21 
practicable, with the provisions of this Act. Notwithstanding this Act, all existing
22 
contracts, or agreements entered into by government for the utilization of natural
23 
resources within protected areas shall review, amended or terminated in order to
24 
assure that It will be consistent with this Act.
25 
The renewal of permits, contracts, and agreements shall be subject to the
26 
provisions of this Act. If the permits, contracts, and agreements are not renewed,
27 
such areas shall be rehabilitated or restored by the permit holders within the period
28 
provided by the pertinent laws and shall revert to national parks classification. As
30


1 
such, ail holders of permits, contracts, and agreements are required to prepare and
2 
submit a rehabilitation plan to the PAMB: Provided, that upon renewal, a sufficient
3 
bond shall be remitted by the proponent to the DENR to be released to the
4 
depository bank in the event of damage by or closure of the establishment after
5 
satisfactory rehabilitation according to the zones and objectives of the management
6 
plan as attested to by the PAMB.
7 
The occupation of LCDs and communities within the protected area shall be
8 
respected. Within ninety (90) days after the creation of the PAMB, the Board shall
9 
assess the physical occupation of said LCDs and communities within protected areas
10 
and recommend to proper authorities measures to ensure the protection of their
11 
well-being. Municipalities and cities with existing townships and town centers within
12 
the protected area shall continue to occupy such 
townships and town centers:
13 
Provided, That in the development of their CLUPs and barangay development plans,
14 
due consideration shall be given to the intended use for conservation and
15 
biodiversity as well as the objectives for protected areas to keep human habitation
16 
and environmental conservation In harmony.
17 
Sec. 20. Tenured Migrants and Other Protected Area Occupants. - Tenured
18 
migrants shall be eligible to become stewards of portions of lands within multiple-
19 
use zones. The PAMB shall identify, verify and review all tenurial instruments, land
20 
claims, and issuances of permits for resource use 
within the protected area and
21 
recommend the Issuance of the appropriate tenure instrument consistent with the
22 
zoning provided in the management plan and the provisions of this Act.
23 
Should areas occupied by tenured migrants be designated as zones in which
24 
no occupation or other activities are allowed pursuant to the attainment of
25 
sustainable development, the provision for the transfer of the tenured migrants to
26 
multiple-use zones or buffer zones shall be accomplished through just and humane
27 
means: Provided, that protected area occupants who are not qualified as tenured
28 
migrants shall be resettled outside the protected area.
29 
The rights of the tenured migrants may be transferred only to the spouse or
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one of their direct descendants listed at the time of the survey.
2 
In the event of termination of a tenurlal instrument for cause or by voluntary
3 
surrender of rights, the PASU shall take immediate steps to rehabilitate the area.
4 
Following the protected area occupants survey required under Section 5(c)(1)
5 
hereof, the DENR Regional Director shall submit to the BMB within two (2) years
6 
from the passage of this Act, the final list of tenured migrants, which shall be the
7 
basis for tenured migrant recognition and issuance of tenurial instruments. Within
8 
the two (2)-year period, the DENR Regional Director shall submit accomplishment
9 
report every six (6) months.
10 
The DENR through the BMB shall Issue guidelines for the determination of the
11 
reckoning period for the recognition of the tenured migrants.
12 
Sec. 21. Existing Facilities Within the Protected Area. - Within sixty (60) days
13 
from the effectivity of this Act, an inventory of all existing facilities such as roads,
14 
buildings and structures, water systems, transmission lines, communication facilities,
15 
heavy equipment, and Irrigation facilities, among others, within the protected area
16 
shall be conducted.
17 
The DENR Regional Director shall submit the inventory of facilities with
18 
corresponding descriptions and an assessment report containing the appropriate
19 
recommendations to the DENR Secretary through the BMB.
20 
The PAMB, with the assistance of the DENR, may impose conditions for the
21 
continuous operation of a facility found to be detrimental to the protected area until
22 
its eventual relocation. If the conditions are violated, the owner of the facility shall
23 
be made liable pursuant to Section 21 hereof.
24 
Existing facilities allowed to remain within the protected area shall be charged
25 
a reasonable fee by the PAMB based on existing guidelines. Structures found within
26 
the forty (40)-meter easement shall be demolished unless proven necessary to
27 
protect the shoreline and mitigate habitat destruction. The PAMB shall levy a
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reasonable fee for the use of such easement for their continued operations. Wharves
2 
shall be kept accessible to the public.
3 
Sec. 22. Special Uses Within Protected Areas. - Consistent with Section 2
4 
hereof, special uses may be allowed within protected areas except in strict
5 
protection zones and strict nature reserves. The PAMB may recommend the issuance
6 
of tenurial instrument subject to compliance to ECC and payment of corresponding
7 
user fee equivalent to five percent (5%) of the zonal value of commercial land within
8 
the nearest barangay or municipality where the project Is located multiplied by the
9 
area of development plus one percent (1%) value of improvement as premium:
10 
Provided, That the activity shall not be detrimental to ecosystem functions and
11 
biodiversity, and cultural practices and traditions.
12 
A sufficient bond shall be remitted by the proponent to the DENR to be
13 
released to the depository bank in the event of damage by or closure of the
14 
establishment after satisfactory rehabilitation according to the zones and objectives
15 
of the management plan as attested to by the PAMB.
16 
Sec. 23. Local Government Units (LGUs). - The LGUs within the protected
17 
area shall participate in its management through representation in the PAMB as
18 
provided for in this Act. Said LGUs may appropriate portions of their share from the
19 
annual internal revenue allotment and other income for use of the protected area:
20 
Provided, that all funds directly coming from the LGUs shall be exempted from the
21 
twenty-five percent (25%) remittance requirement for the IPAF.
22 
The LGUs shall continue to Impose and collect other fees not enumerated
23 
under Section 16 hereof which they have traditionally collected, such as business
24 
permits and rentals of LGU facilities: Provided, That the LGUs shall not impose
25 
property tax on properties owned by the government nor issue any tax declaration
26 
for areas covered by the protected area. Furthermore, LGUs may charge add-ons to
27 
fees imposed by the PAMB: Provided, that such add-ons shall be based on the
28 
contribution of the LGUs In the maintenance and protection of the protected area.
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LGUs with territory inside protected areas shaii align their CLUPs, local 
development plans, disaster risk reduction management plans and other required 
plans. Within six (6) months from the approval of the protected area management 
plan, the PAMB and the PASU shall collaborate with the LGU concerned in the 
formulation of the CLUP and other local plans and in the enforcement thereof. The 
concerned LGU official shall be held administratively and criminally liable for failure 
to enforce and/or implement the provisions of this Act.
Sec. 24. Reporting Responsibility. - The PASU, through the PAMB, shall 
submit an annual accomplishment report of the protected area to the Secretary of 
the DENR through the BMB. A report on the conditions and benefits of the biological 
resources and ecosystem services of the protected area shall also be submitted by 
the PASU, through channels, to the Secretary of the DENR every five (5) years. 
Consequently, the BMB shall likewise prepare a National State of Protected Areas 
(NSPAs) report every five (5) years and shall submit the same to the President, the 
Senate and the House of Representatives.
Sec. 25. Appropriations. - The Secretary of the DENR shall Immediately 
include in the DENR's program the Implementation of this Act, the funding of least 
two (2) million pesos shall be Included in the annual General Appropriations Act 
annually.
Sec. 26. Construction and Interpretation. - The provisions of this Act shall be 
construed liberally in favor of the protection and rehabilitation of the protected area 
and the conservation and restoration of its biological diversity, taking Into account 
the needs and interests of qualified tenured migrants, vested rights, IPs and local 
communities, and the benefits from ecosystem services and functions of protected 
areas, for present and future generations: Provided, That nothing in this Act shall be 
construed as a diminution of local autonomy or in derogation of ancestral domain 
rights under the Indigenous Peoples' Rights Act of 1997.
Sec. 27. Subsequent Site-Specific Legislation. - Upon the generation of site- 
specific requirements for new legislation, the PAMB, through the DENR, shall
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endorse to Congress for its consideration and enactment site-specific proposals to 
appropriately respond to the distinct and particular needs and conservation 
requirements of the protected areas in each locality. Protected areas that may be 
later established or declared pursuant to this Act shall likewise undergo the same 
requirements of site-specific legislation."
Sec. 28. Implementing Rules and Regulations (IRR). - Within sixty (60) days 
from the effectivity of this Act, the DENR Secretary shall, in consultation with other 
concerned government agencies, the industry representatives and nongovernment 
organizations, promulgate the necessary rules and regulations for the effective 
implementation of this Act.
Sec. 29. Transitory Provision. - In order to enhance biological diversity and to 
develop sustainable livelihood opportunities for tenured migrants, the DENR shall 
henceforth cease to issue concessions, licenses, permits, clearances, compliance 
documents or other instruments that allow utilization of resources within the 
protected area until the management plan shall have been put into effect.
All existing land use and resource use permits issued for purposes which are 
authorized within the protected area shall be reviewed and shall not be renewed 
upon their expiration unless consistent with the management plan and approved by 
the PAMB.
Sec. 30. Separability Clause. - If any provision of this Act is held invalid or 
unconstitutional, the other provisions not affected thereby shall remain in full force 
and effect.
Sec. 31. Repealing Clause. - All laws, presidential decrees, executive orders, 
rules and regulations and other Issuances or parts thereof which are inconsistent 
with the provisions of this Act are hereby repealed, amended or modified 
accordingly.
Sec. 32. Effectivity. - This Act shall take effect fifteen (15) days after its
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1 
publication in the Official Gazette or in at least two (2) newspapers of general
2 
circulation in the Philippines.
Approved,
36