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NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
s. No. 1080
fej'l Senate
of the ^vi'n'ci 'np
*22 AUG “8 PI -27
RECEIVED BY.
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
PROVIDING FOR THE PRESERVATION^ REFORESTATION AND 
SUSTAINABLE DEVELOPMENT OF ALL PHILIPPINE MANGROVE 
RESOURCES, DEFINING FOR THAT PURPOSE THE ACTS PROHIBITED 
WITHIN MANGROVE FORESTS, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The Philippine mangrove forests have continued to decline substantially during 
the last century. From an estimated 450,000 hectares of mangroves in 1918, less than 
140,000 hectares exist in 1988 down to 112,400 heaares in 1997. The World Bank 
has estimated that there will be less than 100,000 hectares left In the year 2030 If 
such rate of reduction continues. Worse, existing mangrove forests today are of a 
much lower quality, given that as early as 1988, 95% of these are secondary growth 
and only 5% are primary or olcl growth, as reported by the Department of Environment 
and Natural Resources.
One consequence of this continued decline in mangroves is the destruction of 
nursery grounds for fish, prawns, crabs and other important marine species. In the 
Philippines, with its thousands of islands and islets, mangrove forests also play a very 
important role as shelter belts^ against strong winds from typhoons, thereby 
protecting the inhabitants and preventing coastal erosion. This rapid decline is largely 
due to pressure from firewood gatherers, coral miners, blast cyanide fishers and 
industrial pollution. Over time the stress of the pollutants and reduced light kill large


areas of mangrove forests. Worse, while the government ceased approving mangrove 
conversion to fishpond, illegal conversion still continues.
This proposed measure thus seeks to establish reservation areas in all coastal 
areas of the country solely for the preservation, protection, reforestation, and 
sustainable development of mangrove forests. To strengthen the provisions of this 
proposed measures, penal sanctions are imposed for the destruction and cutting of 
mangrove trees, dumping of waste products and other harmful activities within the 
mangrove reservation areas.
Considering the vulnerabilib/ and importance of our mangrove resources. It is 
necessary to protect existing mangrove forests, rehabilitate and reforest denuded 
areas, and establish new mangrove plantations since it has been found that artificially 
established mangrove forests provide the same function as a natural mangrove forest.
In view of the foregoing, approval of this bill is earnestly requested.
JINSGOY EJERCITO ESTRADA


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE 
s. No. 1080
V 
, j' Ps
of tl)c
*22 AUG -8 PI :27
RECEIVtD BV;
Introduced by Senator Jinggoy Ejarcito Estrada
AN ACT
PROVIDING FOR THE PRESERVATION, REFORESTATION AND 
SUSTAINABLE DEVELOPMENT OF ALL PHILIPPINE MANGROVE 
RESOURCES, DEFINING FOR THAT PURPOSE THE ACTS PROHIBITED 
WITHIN HANGROVE FORESTS, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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Section 1. Short Tide - This Act shall be known as "The Mangrove Forest 
Protection and Preservation Act"
Sec. 2. Declaration of Policy. - The State shall protect and advance to right of 
the people to a balanced and healthful ecology in accord with the rhythm and harmony 
of nature. Towards this end. the State shall establish measures that safeguard the 
country's mangrove resources from destruction, exploitation and unregulated removal, 
and bring an end to activities which cause the destruction of these resources. Further, 
in recognition of the important ecological role of our mangrove resources as habitat 
for various marine and estuarine animals, for water quality maintenance and as food- 
web support, the State shall hereby endeavor to maintain the natural diversity of 
animals and plants found in the mangrove areas. Thus, the State hereby undertakes 
to ensure the preser\'ation, reforestation and sustainable development of the 
mangrove resources through the establishment of reservation areas exclusively for 
mangrove forests.
Sec. 3. Definition of Terms. - 
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a) Coastal areas- refer to the band of dry land and adjacent ocean space 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 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 isobath to include 
coral reeds, algal flats, seagrass beds, and other soft-bottom areas;
b) 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;
c) Reservation areas- refer to portions of coastal areas which have been set aside 
exclusively for reforestation, conservation, and presen/ation purposes; and
d) Reforestation - refers to the planting of mangrove trees along the denuded 
coastal areas.
Sec. 4. Establishment of Mangrove Reservation Areas. - There shall be 
established and set aside in all municipalities with coastal areas within the Philippines 
portions of land solely for the preservation, protection, reforestation, and sustainable 
management of mangrove forests to be known as Mangrove Reservation areas. All 
existing mangrove forest reserves declared as such and all other areas that may 
hereinafter be declared as such pursuant to a law or executive order shall 
automatically form part of said reservation areas.
Sec. 5. Establishment and Composition of the National Council for the 
Preservation of Mangrove Forests. - There is hereby established a National Council 
for the Preservation of Mangrove Forests, hereinafter referred to as the National 
Council, which shall be attached agency to the Department of Environment and 
Natural Resources (DENR).
The National Council shall be composed of ten (10) members consisting of:
1) The Secretary of the DENR who shall act as Chairperson;
2) The Secretary of the Department of Agriculture (DA) who shall act as Vice- 
Chairperson;
3) The Secretary of the Department of Science and Technology (DOST);
4) The Director of the Bureau of Fisheries and Aquatic Resources (BFAR);
5) The Director of the Forest Management Bureau (FMB) of the DENR;


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6) The Director of the Ecosystem and Research Development Bureau (ERDB);
7) The Administrator of the National Mapping and Resource Information 
Authority (NAMRIA);
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representativ/e h orn the academe to be appointed by the President;
9) A representative from the research institutions conducting researches on 
sustainable mangrove forest management to be appointed by the 
President; and
10) A representative from a non-government organization (NGO) conducting 
programs on sustainable mangrove forest management to be appointed by 
the President.
Sec. 6. Powers and Functions of the National Council. - The National Council 
shall have the following powers and functions:
1) Review existing, relevant policies and conduct studies on mangrove forest 
and its preservation;
2) Prepare a comprehensive program for the preservation, reforestation, and 
sustainable development of mangrove forests;
3) iistablish the guiaelines in identifying the coastal areas which shall form 
part of the mangrove reservation areas;
4) Identify and delineate the boundaries of the coastal areas which shall form 
part of the mangrove reservation areas;
5) Exercise control ar d supervision over all the local councils; and,
6) Promulgate the necessary rules and regulations to carry out the provisions 
of this Act.
Sec. 7. The Local Councils for the Preservation of Mangrove Forests. - A local 
council for the preservation of mangrove forests, her-inafter referred to as the Local 
Council, 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 D rector of the DENR under whose jurisdiction the reservation area 
is located, with the following members:
1) A member of the municipal council of the municipality concerned;
2) A member of the barangay council from each barangay under whose 
territory the resen/ation area Is located; and.


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3) A representative from an accredited non-governmental organization (NGO) 
involved in environmental advocacy.
Sec. 8. Powers and Functions of the Local Council. - The local council shall 
exercise the following powers and functions:
1) Implement and enforce all the programs and policies laid down by the 
National Council;
2) Carry out the general administration and day-to-day planning of the 
program;
3) Secure the mangrove reservation area from illegal and destructive activities 
which would endanger the successful implementation and viability of the 
program;
4) Engage the servios of forest guards who shall be tasked to guard and 
police the areas and arrest those caught in violation of the provisions of 
this Act;
5) Provide the forest guards the necessary skills and knowledge training and 
support;
6) Conduct periodic consultations with the appropriate local government unit, 
nongovernmental and people's organizations and other concerned sectors 
of the community on Issues, concerns and projects affecting the mangrove 
reserves in the locality; and,
7) Such other powers and functions as may be designated by the National 
Council.
Sec. 9. Mandatory Prior Consultation. - No project or program that may cause 
pollution, destruction or loss of mangrove forests or extinction of marine and estuarine 
plant and animal species shall be implemented by the i^Jationa! or Local Council without 
prior consultations v\i\th the local government unit concerned, non-governmental or 
people's organizations, and other sectors concerned to explain the objectives of the 
project or program, its impact on the people and the community in terms of ecological 
balance, and the measures that will be undertaken to prevent the adverse effects 
thereof; Provided, That the prior approval of the Sanggunian concerned shall be 
obtained in accordance with the provisions of Republic Act 7610.


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Sec. 10. Prohibited Acts. - The following acts are hereby prohibited within the 
mangrove reservation areas:
a) Cutting, uprooting, destroying or gathering any mangrove tree or any 
mangrove forest products;
b) Dumping of waste;
c) Construction or reclamation activity without the necessary license, permit, 
or authority;
d) Illegal fishing activities that will result in the damage and destruction of the 
mangrove forest;
e) Conversion of mangrove reservation areas Into fishponds or for any other 
purpose; and
f) 
Other acts or activities that will result in the damage and/or destruction of 
the mangrove forest, as determined by the Local Council concerned.
Sec. 11. Penalties. - Any person, natural or juridical, found guilty of violating 
any of the provisions of this Act or the rules and regulations issued by the National 
Council, shall, after due notice and public hearing by the regular courts of competent 
jurisdiction, be fined in the amount of not less than One Hundred thousand pesos 
(PhP100,QQ0.0Q) but not more than One million pesos (PhPl,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.
Sec. 12. Appropriations. - The amount needed for the initial implementation of 
this Act shall be charged against the current appropriations of the Department of 
Environment and Natural Resources. Thereafter, such amount necessary for the 
continued and effective implementation of the provisions of this Act shall be included 
in the General Appropriations Act the year following Its enactment.
Sec. 13. Separability Clause. - If any section or provision of this Act shall be 
held unconstitutional or invalid, the other section or provision not otherwise affected 
shall remain in full force and effect.


Sec. 14. Repealing Clause. - All laws, presidential decrees, executive orders, 
proclamations, rules and regulations which are inconsistent with the provisions of this 
Act hereby repealed or modi*led accordingly.
Sec. 15. Effectivity Clause. - This Act shall take effect fifteen (15) days from its 
publication in the Official Gazette or in at least two (2) newspapers of general 
circulation.
Approved,