Thirteenth Congress of the 
Republic of the Philippines 
First Regular Session 
Senate Bill No. 
Introduced by SENATOR COMPdERA PIA S. CAYETANO 
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EXPLANATORY NOTE 
This bill seeks to declare to provide for the development of the BURIAS and 
TWAYTAY REEFS in San Isidro, Davao Oriental as Marine Reserve and Sanctuary 
respectively. 
Burias and Tinaytay Reefs were once a haven of unscrupulous fisherman, practicing 
illegal fishing activities such as dynamite fishing, fish poisoning, aerial gathering, etc. these 
folks have expressed their strong support for the proposed establishment of the subject fish 
sanctuary were manifested during the assembly meetings and consultations. 
activities have greatly affected the livelihood of the fishing communities along the area. Local 
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The declining yield of fisheries in the Davao'Gulf and adjacent areas and the rapid 
increase in population in coastal communicates are threats of possible depletion of the resources, 
hence there is an urgent need to establish a fish sanctuary that will provide a sanctum fish lings 
to propagate and grow undisturbed. 
The proposed site is large enough to function as an ecological unit. It has an area of more 
than 50 hectares that is significant to affect an increase in fish production and to ensure 
continuity of the ecological linkages and processes. 
In view of the above considerations, support and early approval of this bill is earnestly 
sought. 
PA S. CAYETANO 
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Thirteenth Congress of the 
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Republic of the Philippines 
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First Regular Session 
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Jlw -8 P455 
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SENATE 
WED BY :____I___ 
Senate Bill No. 
Introduced by SENATOR COMPARERA PIA S. CAYETANO 
AN ACT 
DECLARING A PORTION OF THE SAN ISIDRO COASTAL WATERS AS 
KNOWN AS THE SAN ISIDRO PROTECTED SEASCAPE AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled. 
PROTE~TED AREA AND IT PERIPHERAL AREAS AS BUFFER ZONES TO BE 
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Seascape Act of 2005.” 
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SECTION 1. Short Tille. - This Act shall be known as the “San Isidro Protected 
SEC. 2. Declaration ofpolicy. - Cognizant of the profound impact of man’s activities 
on all components of the natural environment particularly the effect of increasing population, 
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resource exploitation and industrial advancement and recognizing the critical importance of 
protecting and maintaining the natural biological and physical diversities of the environment 
notably on areas with biologically unique features to sustain human life and development as well 
as plant and animal life, it is hereby declared the policy of the State to provide that the 
management, protection, sustainable development, and rehabilitation of protected areas shall be 
undertaken primarily to ensure the conservation of biological diversity and that the use and 
enjoyment of protected areas must be consistent with that principle. 
SEC. 3. Scope. - Certain parcels of land and water situated in the Municipality of San 
Isidro, Province of Davao Oriental, Island of Mindanao, are hereby declared as protected areas 
and its immediate peripheral areas as buffer zone under the category of protected seascape to be 
known as the San Isidro Protected Seascape and shall become part of the National Integrated 
Ares System (NIPAS) subject to private rights as provided for in this Act. The boundaries of the 
San Isidro Protected Seascape, hereinafter referred to as the Protected Area (PA), shall be as 
follows: 
Bounded on the East by the mainland Municipality of San Isidro, from the south of 
Cuabo and Sumlog Rivers to the San Isidro-Governor Generoso Municipal Boundary 
Monument; 
01 the South, West and North directions by portion of the Davao Gulf. Beginning a point 
marked “1” on the map and on the ground being at the south bank of Sumlog and Cuabo Rivers. 


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following the shoreline generally in Southeasterly and Southwesterly 
direction of about 4, 500.00 meters straight distance to corner 2; 
following the shoreline generally in Northeasterly and Southwesterly 
direction of about 1, 100.00 meters straight distance to comer 3; 
following the shoreline generally in Southeasterly direction of about 5, 
200.00 meters straight to distance to corner 4; 
following the shoreline generally in Southeasterly direction of about 2, 
200.00 meters straight distance to comer 5; 
following the shoreline generally in Southeasterly direction of about 2, 
200.00 meters straight distance to comer 6; 
following the shoreline generally in Southeasterly direction of about 
600.00 meters straight distance to comer 7; 
following the shoreline generally in Southwesterly direction of about 1, 
050.00 meters straight distance to corner 8; 
following the shoreline generally in Southwesterly direction of about 2, 
400.00 meters straight distance to comer 9; 
following the shoreline generally in Southerly direction of about 500.00 
meters straight distance to corner 10; 
following the shoreline generally in Southerly direction of about 900.00 
meters straight distance to comer 11; 
following the shoreline generally in Southeasterly direction of about 
650.00 meters straight distance to comer 12; 
Due West; 1, 000.00 meters to comer 13; 
Due West; 1, 000.00 meters to comer 14; 
Due West; 1, 000.00 meters to corner 15; 
Due West; 1,000.00 meters to comer 16; 
Due West; 1, 000.00 meters to comer 17; 
Due West; 1, 000.00 meters to comer 18; 
Due West; 1, 000.00 meters to comer 19; 
Due West; 1,000.00 meters to comer 20; 
Due West; 1,000.00 meters to corner 21; 
Due West; 1, 000.00 meters to comer 22; 
Due West; 1, 000.00 meters to comer 23; 
Due West; 1,000.00 meters to comer 24; 
Due West; 1, 000.00 meters to comer 25; 
Due West; 1, 000.00 meters to comer 26; 


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Thence 
Thence N. 10" 00' E., 1, 000.00 meters to comer 28; 
ThenceN. 10" 00' E., 1,000.00meters to comer 29; 
Thence N. 10" 00' E., 1,000.00 meters to corner 30; 
ThenceN. 10' 00' E., 1, 000.00 meters to corner 31; 
Thence N. 10" 00' E., 1, 000.00 meters to comer 32; 
Thence N. 10' 00' E., 1, 000.00 meters to corner 33; 
ThenceN. 10" 00' E., 1, 000.00 meters to comer 34; 
Thence N. 10" 00' E., 800,000 meters to comer 35; 
Thence N. 45' 00' E., 900,000 meters to corner 36; 
Thence N. 45" 00' E., 1, 000,000 meters to comer 37; 
Thence N. 45" 00' E., 1, 000,000 meters to comer 38; 
Thence N. 45" 00' E., 1, 000,000 meters to comer 39; 
Thence N. 45' 00' E., 1, 000,000 meters to comer 40; 
Thence N. 45' 00' E., 1,000,000 meters to comer 41 
Thence N. 45' 00' E., 1, 000,000 meters to comer 42; 
T%nce N. 45" 00' E., 1,000,000 meters to corner 43; 
Thence N. 45' 00' E., 1, 000,000 meters to comer 44; 
Thence N. 45' 00' E., 1, 000,000 meters to comer 45; 
Thence N. 45' 00' E., 1, 000,000 meters to comer 46; 
Thence N. 45' 00' E., 1, 000,000 meters to comer 47; 
Thence N. 45' 00' E., 1,000,000 meters to comer 48; 
Thence N. 45' 00' E., 1, 000,000 meters to comer 49; 
Thence N. 45" 00' E., 1,000,000 meters to corner 50; 
Due West; 1, 000.00 meters to corner 27; 
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containing an area of Seventeen thousand nine hundred seventy (1 7,970) hectares more or less. 
SEC. 4. Definition of Terms. -For purposes of this Act, the following terms shall mean: 
"National Integrated Protected Area System (NIPAS)" refers to all designated protected 
areas so classified to ensure the maintenance of essential ecological processes and life support 
systems therein, to preserve genetic diversity, to ensure sustainable use of resources found 
therein, and to maintain their natural conditions to the greatest extent possible; 
"Protected Area" refers to identified positions of land and water set aside by reasons of 
their physical and biological diversity and protected against destructive human exploitation; 
"Buffer Zone" are areas immediately adjacent to and outside the boundaries of designated 
protected areas that need special development control in order to avoid or minimize harm to the 
latter; 


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“Indigenous Cultural Community” refers to a groups of people sharing common bonds 
language, customs, and tradition and other distinct cultural traits, and who have since time 
immemorial, occupied, possessed and utilized a territory; 
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“Natural Park” is a relatively large area not materially altered by human activity, where 
extractive resource uses are not allowed, and maintained to protect outstanding natural and 
scenic uses of national or international significance for scientific, educational and recreational 
use; 
“Tenured Migrants” are occupants within the protected area which have actually and 
continuously occupied such area for five (5) years before the designation of the same as 
protected area and are solely dependent therein for subsistence. Tenured migrants shall be treated 
individually and assessed or based on household’s head of family with a minimum of three 
legitimate dependents. 
“Biodiversity” refers to the variety of life in all its forms found on earth; 
“Protected Area Management Board (PAMB)” refers to a multi-sectoral body tasked in 
planning for the appropriate management strategy to ensure resource protection and in the 
general administration of the protected area. 
“Private Rights” as used in this Act, shall mean rights of individual persons to ownership 
under existing laws and, in the case of indigenous cultural communities, to rights of possession 
since time immemorial, which possession may include places of abode and worship, burial 
grounds, and well-defined territories. 
SdC. 5. Management Ran. - A management plan and a management manual consistent 
with the General Management Planning Strategy shall be prepared by the Department of 
Environment and Natural Resources (DENR) in coordination with the PAMB, concerned Local 
Government Units (LGUs) and other sectors affected to serve as basis for the protection and 
conservation of the biodiversity of the PA for sustainable development. 
The management plan shall be approved by the PAMB and certified by the DENR 
Secretary. 
SEC. 6. Administrative and Management. - The PA shall be under the administrative 
jurisdiction of the DENR through the PAMB as constituted pursuant to Republic Act No. 7586 
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and its implementing rules and regulations. 
The PA is hereby placed under the following institutional arrangement; 
A. Department of Environment and Natural Resources. The DENR Secretary shall 
have supervision on the management of San Isidro Protected Seascape and is empowered to 
perform any and all of tlie following acts: 
a) Cause the boundary demarcation of the PA; 
b) Conduct studies on various characteristics, features, and condition of the PA; 


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c) Adopt and enforce land-use scheme and zoning plan in adjoining areas that may 
threaten the ecological balance in the PA; 
d) Certify that the PA Management Plan conforms to all national rules and regulations on 
protected area management, and in case objections, to communicate objections to the PAMB 
within 60 days upon receipt thereof, otherwise the same is considered approved; 
e) Coordinate with other government agencies, academic institutions, etc., for 
Submit to the Office of the President and to Congress the Annual Report of the PA; 
g) Formulate the Implementing Rules and Regulations necessary to carry out the 
collaborative programs, projects, and activities; 
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provisions of this Act. 
B. The Protected Area Management Board (PAMB). Specifically, the PAMB shall: 
1) Review, approve, and adopt a Management Plan for the PA, 
2) Review the deputation of individuals/groups to augment parks protection personnel 
and thereafter endorse to the Regional Executive Director for approval; 
3) Fix and impose administrative fees for the use of the PA and fines for violations of 
prohibited acts in the PA; 
4) Approve contracts and agreements consistent with the purpose of this Act, except for 
international contracts and agreements; 
5) Accept donations, grants in the form of contributions, and endowments; 
6) Review and approve the work and financial plan for the PA: 
7) Coordinate with other government agencies, academic institutions, and private 
organizations involved in the management, development, and conservation of the PA; 
8) Submit an annual report to the DENR Secretary: 
9)pelegate authority to the PAMB Executive Committee; 
10) Prepare or cause the listing of protected flora and fauna; 
11) Permit, control, and regulate the following within the PA; 
a. Infrastructures; 
b. Public Utilities; 
c. Occupancy of appropriate management zone; 
d. Dumping of waste; 
e. Use of motorized equipment; 
f. Business enterprise; and 
g. Other use of the PA such as mountain climbing, researcwstudy, and 
recreational activities; 
12) Promulgate rules and policies for the conduct of its business; and 
13) File suit against entities whose operations have determinednegative effect on the PA. 
C. The DENR Regional Executive Director (RED) for Region XI 


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1) Acts as chairman of the PAMB and signsiapproves contracts and agreements 
consistent with this Act except international contracts and agreements; 
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2) Approves the deputation of field officers. 
D. The Protected Area Superintendent Office (PASO). There is hereby created a 
Protected Area Superintendent's Office that shall be supported by a sufficient number of 
personnel- who shall be performing day-to-day management, protection and administration of the 
PA. The head of office shall be the Chief Operation Officer of the PA and shall be accountable to 
the RED and the PAMB. 
SEC. 7. Existing Facilities within the Protected Area. - Existing facilities within the 
PA prior to the enactment of the NPAS Act shall be subject to inventory and assessment by the 
PAMB using the criteria to be fomulated by the PAMB considering its impact on the PA, 
biodiversity consideration, public interest against local interest, and national significance of said 
facilities. 
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The PAMB shall monitor the operations of said facilities and recommend appropriate 
actionsimeasures if said facilities are found not consistent with the purpose of this Act. The 
PAMB shall also impose royalties or administrative fees, which shall be determined upon 
negotiations with concerned proponent/s. 
SEC. 8. Ancestral Lands and Rights over them. - Ancestral lands and customary rights 
and interest arising therefrom shall be accorded due recognition. The DENR through the 
Protected Areas and Wildlife Bureau (PAWB) shall determine the appropriate procedure for the 
recognition of ancestral domain claim of the members of the indigenous cultural committees 
within protected areas: Provided, That the DENR shall not evict indigenous communities from 
their present occupancy nor resettle them to ano'ther area without their consent: Provided, 
however, That all rules and regulations whether adversely affecting said communities or not shall 
be subject to notice and hearing to be participated in by members of the concerned indigenous 
community. 
For proper coordination with the DENR, a Certificate of Ancestral Domain Claim 
(CADC) committee shall be established which shall include a representative from the Special 
Provincial Task Force for Ancestral Domain (PSTFAD), and with adequate representation from 
indigenous cultural communities and their organizations. 
The DENR Secretary shall approve and issue the CADC upon recommendation of the 
PA-CADC Committee through the PAMB. 
SEC. 9. Tenured Migrants. - Tenured migrants shall be eligible to become stewards of 
portions of land within zones that may be designated by DENR and from which tenured migrants 
may derive subsistence. The DENR shall develop an appropriate tenurial instrument for these 
inhabitants withiii the PA. 
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Tenured migrants shall be considered and treated individually or per household on the 
basis of head of families with legal dependents. 
Tenured migrants occupying portions of ancestral domain shall be treated separately. The 
PAMB shall develop appropriate mechanisms to resolve this dispute. 
Absenteeitransient migrants in the PA who do not qualify as tenured migrants shall not be 
eligible toibecome stewards of portions of land within multiple-use and sustainable-use zones. 
SEC. 10. Other Activities within the PA. - Proposals for the construction of dams, 
irrigation canals, transmission lines, access roadsitrails and buildings which are outside the scope 
of he management plan for the PA shall, upon the permission of the PAMB, be subject to an 
environmental impact assessment as required by law before they are adopted, 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 Environmental Assessment (EIA) 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 take preventive and remedial 
action when appropriate. The proponent shall be liable for any damage due to lack of action of 
indiscretion. 
The PAMB shall determine which activities for the essential use of the communities shall 
be allowable, consistent with the management plan, and based on biodiversity criteria and 
management zoning plan. 
Area under the management of other agencies of the government shall be integrated in 
the overall management plan of the PA. 
SEC.11. Local Government Units (LGUs). - LGUs with territory inside the PA shall be 
found to follow the management plan and adopt it once approved. An LGU cannot just pass 
ordinances to amend the management plan nor can the management plan be overturned by an 
ordinance. 
Segregation of portions of the PA for LGU use, such as for tourism and industrial estate, 
shall be assessed based on biodiversity criteria and consistent with the management plan. 
Any developmentiproject proposal of the LGU within the PA shall, prior to its 
implementation, be reviewed, evaluated, and approved by the PAMB. 
SEC.12. Income Derived from the PA. - There is hereby established a trust fund to be 
known as \ the Integrated Protected Areas Fund (IPAF) for purposes of financing projects of the 
system. All incomes generated from the operation of the system or management of wild flora and 
fauna in the PA shall accrue to the Fund. These incomes shall be derived from: fees from 
permitted sale and export of flora and fauna and other resources from the PA; proceeds from 


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lease of multiple-used areas; contributions from industries and facilities directly benefiting from 
the PA; and such other fees and incomes derived from the operation of the PA. 
The Fund maybe augmented by grants, donations, endowments from various sources, 
domestic or foreign for purposes related to their functions: Provided, That the Fund shall be 
deposited as a special account in the National Treasury and disbursement there from shall be 
made solely for the protection, maintenance, administration and management of the System, and 
duly approved projects endorsed by the PAMB in accordance with existing accounting and 
budgeting rules and regulations. 
All donations and grants, endowments shall be exempted from donor's taxes and all other 
taxes, ch a! ges and fees imposed by the government. 
SEC. 13. §peciaZ Prosecutors. - The Department of Justice shall designate special 
prosecutors to prosecute violations of laws and rules and regulations in the PA: 
SEC. 14. Prohibited Acts. The following are prohibited within the P A  
1) 
Cutting/gathering and/or collecting timber or other forest products without 
license.- Any person who shall cut, gather, collect, or remove timber or other forest 
products from any forest land within the PA without any authority under a license or 
permit, or possess timber or other forest products without the legal documents as 
required under existing forestry laws and regulations, shall be guilty of Qualified 
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Theft as defined and punishable under Articles 309 and 310 of the Revised Penal 
Code. 
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Squatting - Any person, who with the: use of force, intimidation or threat, or 
taking advantage of the absence of tolerance of the landownedclaimant, succeeds in 
occupying or possessing the property/claim of the later, against his will for 
residential, commercial or any other purposes, shall be punished by imprisonment 
ranging from six (6) months to one (1) year or a fine of not less than One thousand 
pesos (P1,OOO.OO) nor more than Five thousand pesos (P5,OOO.OO) at the discretion of 
the Court, with subsidiary imprisonment in case of insolvency. 
If the offender is a corporation or association, the maximum penalty of five (5) 
years and the fine of Five thousand pesos (P5,OOO.OO) shall be imposed upon the 
president, director, manager, or managing partners thereof. 
3) Unlawful occupation or destruction within the PA. - Any person who enters and 
occupies or possesses or makes kaingin for his own private use or for others any land 
within the PA without authority or permit from the PAMB or in any manner destroys 
such land or part thereof or causes any damage to the timber stand and other forest 
products and forest growth found therein shall be punishable by the penalties 
provided for in Section 15 hereof. 
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4) Except as may be allowed by the nature of their categories and pursuant to the rules 
and regulations governing the same, the following acts or likewise prohibited within 
the PA and shall subject those found guilty by the penalties provided in Section 15 
hereof: 
a) Hunting, destroying, disturbing, or mere possession of any plants or animals 
or products derived therefrom without a permit from concern authorities; 
b) Dumping of any waste products detrimental to the PA, or to the plants and 
animals or human inhabitants therein; 
c) Using any motorized equipments with permit from PAMB; 
d) Mutilating, defacing or destroying objects of natural beauty or objects of 
interest to cultural communities; 
e) Damaging and leaving roads and trails in a damaged condition; 
fJ Mineral exploration, and survey of energy resources; 
g) Constructing or maintaining any kind of structure, fence or enclosures, and 
conducting any business enterprise without a permit; 
h) Leaving in exposed or unsanitary conditions refused or debris, or depositing 
such in the grounds or in bodies of water; 
i) Altering, removing, destroying or defacing boundary markers monuments or 
interpretative signs; and 
j) Entry without a permit of the following: 
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1. Mountain Climbers; 
2. Campers; 
3. Spelunkers; 
4. StudyiResearch Groups/Individuals; and 
5. Visitors 
The following are absolutely prohibited acts within the PA: 
a) Mining and sand and gravel quarrying or extraction, and 
b) Buying, selling, or transferring of rights over any laud within the 
protected area. 
SEC. IS. Penalties. - Whoever is found guilty of the acts prohibited under Section 14, 
subsection 3 and 4, of this Act or any rules and regulations issued by the Department pursuant to 
this Act or whoever is found guilty by competent court of justice of any offenses in the preceding 
section shall be fined the amount of not less than Five thousand Pesos (P5, 000.00) exclusive of 
the value of the thing damaged or imprisonment of not less than one (1) year but not more than 
six (6) years or both as determined by the Court. The offender shall also be required to restore or 
cornpensate for the restoration to the damage: Provided, That the court shall order the eviction of 
the offender from the land and forfeiture in favor of the Government of all minerals, timber, or 


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any plant or animal or animal species collected or removed therefrom including all equipment, 
devices and firearms used in the connection therewith, or any construction of improvements 
made thereon 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, jnally, 
That the DENR shall impose administrative fines and penalties it shall deem fit and consistent 
with this Act. 
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SEC. 16. Appropriations. - The Secretary of the Department of Environment and Natural 
Resources should include in its program the implementation of this Act, the funding of it shall be 
charged against the Integrated Protected Area Fund authorized under Section 12 hereof and from 
the appropriations authorized under the annual General Appropriations Act. 
SEC. 17. Transitory Provisions. - All regular and other personnel of DENR Region XI 
assigneddetailed to the San Isi&o Seascape Office prior to the approval of this Act shall form 
part of the of the PA regular staff. 
SEC. 18. 
SeparabiZity Clause. - If any part or section of this Act is declared 
unconstituti.ona1 such declaration shall not in any manner the other parts or section of this Act. 
SEC. 19. Repealing Clause. - All laws, presidential decrees, executive orders, rules and 
regulatioT found inconsistent with any provision of this Act shall be deemed repealed or 
modified accordingly. 
SEC. 20. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in two (2) newspapers of general circulation, 
Approved,