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Republic of the Philippines

HOUSE OF REPRESENTATIVES X yedUb, 09 2019 §
Queson City ( THE, “igen
EIGHTEENTH CONGRESS et - Gg
First Regular Session 'e s
1686 </NDEX ©
HOUSE BILL NO.

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

Mangroves are salt-tolerant trees or small shrubs that grow in coastal saline
or brackish waters. This bill, proposed in recognition of the invaluable contribution of
these ingenious plants to the world’s natural ecology, urges the establishment of
mangrove reservation areas in all local government units along the coast.

The importance of mangroves lies in their unique biology. They are tough
plants that thrive in highly hostile conditions. They are often soaked, and sometimes
even submerged, in salty waters and stand on muddy soil. Its timber is resistant to
rotting and insects, making it a valuable construction material. The roots are highly
dense and gather sediments which prevent coastal erosion by stabilizing the ground,
barring strong waves, winds and even floods. The plants also provide shelter to a
wide variety of fish, crab, shrimp, and mollusk species, including threatened and
endangered ones. According to the World Wildlife Fund (WWF), there are as many
as 25 times more fish of some species on reefs close to mangrove areas than in
areas where mangroves have been cut down. The contribution of mangroves, both in
goods and services, is conservatively estimated to be worth US$ 186 every year’

The Philippines is fortunate to have the 10" widest cover of mangrove forests
in the world. This Representation is proud to share that the Province of Camarines
Sur contributed to this when it planted more than one million mangrove propagules
through the hard work of volunteers from the El Verde Movement in 2012. This
placed the province in the Guinness Book of World Records for the most number of
mangroves planted in one hour. This is a testament to the commitment of this
Representation to protect and preserve these plants that our country have been
blessed with.

By establishing protected mangrove zones and imposing strict penalties on
those that bastardize these areas by cutting, uprooting, destroying or gathering any

" huip:/wwfpanda.org/our_work/oceans/coasts/mangroves/mangrove_importance


mangrove tree or its products, dumping of wastes or fishing illegally therein, among
other destructive and disruptive practices — the country is posed to enjoy the benefits
of a healthy and thriving mangrove forest cover. Additionally, it provides us with
opportunities to study these plants and discover more ways to utilize the same.

In light of the foregoing premises, the swift passage of this bill is humbly
‘sought.



Republic of the Whilippines
HOUSE OF REPRESENTATIVES,
Queson City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 1686

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
ESTABLISHING THE NATIONAL COUNCIL FOR THE PRESERVATION OF
MANGROVE FORESTS

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as “The Mangrove Forest
Protection and Preservation Act.”

SECTION. 2. Declaration of Policy. 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. 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 mangrove areas. Thus, the State hereby undertakes to
ensure the preservation, reforestation and sustainable development of the mangrove

resources through the establishment of reservation areas exclusively for mangrove
forests.

SECTION. 3. Definition of Terms,

1) 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 geographical extent may include areas
within a landmark limit of one kilometer from the shoreline and high tide
to include mangrove swamps, brackish water ponds, nipa swamps,
estuarine rives, 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;

Mangrove forest — a type of forest occurring on a tidal flat along the sea

coast, extending alone streams where the water is brackish;

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

4) Reforestation - the planting of mangrove trees along the denuded
coastal areas.

2)

SECTION. 4. Establishment of Mangrove Reservation Areas. — There shall be
established and set aside in all local government units 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 under Presidential
Proclamation 2152 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.

SECTION. 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 of 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 Chairman;

2) the Secretary of the Department of Agriculture (DA) who shall act as vice-
chairman;

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;

6) the Director of the Ecosystem and Research Development Bureau (ERDB);

7) the Administrator of the National Mapping and Resources Information Authority
(NAMRIA);

8) a representative from 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-govemment organization (NGO) conducting

programs on sustainable mangrove forest management to be appointed by the
President.


SECTION. 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;

Prepare a comprehensive program for the preservation, reforestation,

and sustainable development of mangrove forests;

Establish the guidelines in identifying the coastal areas which shall form

part of the mangrove reservation areas;

Identify and delineate the boundaries of the coastal which shall form part

of the mangrove reservation areas;

5) Exercise control and supervision over all the local councils; and

6) Promulgate the necessary rules and regulations to carry out the
provisions of this Act.

2

3)

4)

SECTION. 7. The Local Councils for the Preservation of Mangrove Forests. — A
local council for the preservation of mangrove forests, hereinafter referred to as the
Local Council, shall be established in each of the local government units where a
mangrove reservation area has been identified. Each Local Council shall be chaired
by the Regional Executive Director of the DENR 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 reservation area is located; and

3) A representative from an accredited non-governmental organization (NGO)
involved in environmental advocacy.

SECTION. 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;

Engage the services 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, knowledge training, and support;

6) Conduct periodic consultations with the appropriate local government unit, non-
governmental and people's organizations and other concemed sectors of the
community on issues, concems, and projects affecting the mangrove reserves
in the locality; and

4)


7) Such other powers and functions as may be designated by the National Council

SECTION. 9. Mandatory Prior Consultation. ~ No project or program that may cause
pollution, deduction or loss of mangrove forests or extinction of marine and estuarine
plant and animal species shall be implemented by the National or Local Council
without prior consultations with the local government unit concemed, 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 concemed
shall be obtained in accordance with the provisions of Republic Act 7610.

SECTION. 10. Prohibited Acts. — The following acts are hereby prohibited within the
mangrove reservation areas:

1) Cutting, uprooting, destroying or gathering any mangrove tree or any mangrove
forest products;

2) Dumping of waste;

3) Construction or reclamation activity without the necessary license, permit, or

authority;

4) Illegal fishing activities that will result in the damage and destruction of the
mangrove forest;

5) Conversion of mangrove reservation areas into fishponds or any other purpose;
and

6) Other acts or activities that will result in the damage and/or destruction of the
mangrove forest, as determined by the Local Council concerned.

SECTION. 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
(Php 100,000.00) but not more than One Million Pesos (Php 1,000,000.00) or
imprisonment of not less than one (1) years but not more than six (6) years, or both,
at the discretion of the Court, the offender shall also be required to restore or
compensate for the restoration of the damage. If the offender is an association or
corporation, the President or Manager and the officer who has direct knowledge over
the offense shall be held liable under this Act.

SECTION. 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.


SECTION. 13. Separability Clause. — If, for any reason, 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.

SECTION. 14. Repealing Clause. - All laws, presidential decrees, executive orders,
proclamations, rules and regulations which are inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.

SECTION. 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,