x 
FOURTEENTH CONGRESS OF THE REPUBLIC 
First Regular Session 
7 JUL -3 
PL? 2 :  
OF THE PHILIPPINES 
S E N A T E  
S. B. No. 852 
Introduced by Senator Manuel “Lito” M. Lapid 
EXPLANATORY NOTE 
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. It is 
imperative to attain equanimity in ecosystem if we are to survive. The statistics 
posed by environmentalists are alarming, the potential damage staggering in 
their immensity. Experts say that if nothing drastic is done by the Government 
and by the people in the next fifty (50) years, the country can turn into a desert. 
Mangrove forests host teeming life both aerial and marine, offering a 
haven and rich food source to marine life. Sadly, our coastal areas are depleted 
of mangrove trees caused mainly by desperate fisher folk resorting to disastrous 
measures like dynamite fishing for their food and livelihood. 
This Act seeks to address the situation by providing for the preservation, 
reforestation, afforestation and sustainable development of mangrove forests in 
the Philippines. 
This Act further seeks to establish a national council for the preservation 
of mangrove forests to promulgate the rules and regulations necessary to carry 
out the provisions of this Act. 
In view of the above, passage of this bills is most earnestly sought. 


q,l c n  
OF THE PHILIPPINES 
7 J& -3 
I 4 .i:i 
FOURTEENTH CONGRESS OF THE REPUBLIC 
First Regular Session 
S E N A T E  
S. B. No. 852 
Introduced by Senator Manuel “Lito” M. Lapid 
AN ACT 
PROVIDING FOR THE PRESERVATION, REFORESTATION, FORESTATION 
AND SUSTAINABLE DEVELOPMENT OF MANGROVE FORESTS IN THE 
PHILIPPINES, PROVIDING PENALTIES THEREFOR AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Title. - This Act shall be known as the “National Protection 
and Preservation of Mangrove Forest Act of 2007.” 
SEC. 2. 
Declaration of Policy.-It 
is hereby declared the policy of the 
State to protect and preserve the country’s natural resources. Towards this end, 
the preservation, reforestation, afforestation and sustainable development of 
mangrove forests shall be pursued through the establishment of reservation 
areas exclusively for mangrove trees. 
SEC. 3. 
(a) 
(b) 
Definition of Terms-For purposes of this Act: 
“Afforestation” shall refer to the planting of mangrove trees along 
coastal areas not previously planted to mangrove trees. 
“Coastal area zone” is a band of dry and adjacent ocean space 
(water and submerged land) 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 
(1) kilometer from the shoreline at high tide to include mangrove 
swamps, brackish waters, ponds, nipa swamps, estuaries, rivers, 
sandy beaches and other areas within a seaward limit of two 
hundred (200) meters isobaths to include coral reefs, algae flats, 
seagrass beds and other soft bottom areas. 
(c) 
“Mangrove” shall refer to types of forests that encompass a 
community of inter-tidal lands including all species of trees, shrubs, 
vines and herbs found on coast swamps or borders of swamps. 
(d) 
“Reservation” areas shall refer to coastal areas which have been 
set aside exclusively for reforestation, afforestation, conservation 
and preservation purposes. 
(e) 
“Reforestation” shall refer to the planting of mangrove trees along 
denuded coastal areas. 
SEC. 4. 
Reservation Areas.-There 
shall be established and set 


aside in all coastal areas in each municipality within the Philippines portions of 
land solely for the preservation, protection, reforestation and sustainable 
management of mangrove forests. All existing mangrove forests shall 
automatically form part of the reservation areas. 
Establishment 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 an attached agency of the Department of Environment 
and Natural Resources (DENR). The Secretary of the DENR shall be the 
chairman of the National Council. The other members of the National Council 
shall be the Secretary of the Department of the Interior and Local Government; 
the Secretary of the Department of Agriculture; the Director of the Bureau of 
Fisheries and Aquatic Resources; the Director-General of the National Economic 
and Development Authority; the Director of the Forest Management Bureau; the 
Administrator of the National Mapping and Resources Information Authority; a 
representative from academic and research institutions and a representative from 
accredited non-governmental organization. 
SEC. 6. 
Powers and Functions of the National Council.-The 
National Council shall have the following powers and functions: 
SEC. 5. 
To 
prepare a comprehensive program for 
the 
preservation of mangrove forests. For this purpose, it 
shall conduct studies on the system and the mode of 
preservation of the mangrove forest; 
(1) 
To identify and delineate boundaries of the coastal areas 
which shall form part of the mangrove reservation areas; 
To exercise control and supervision over all the local 
councils; 
To promulgate the rules and regulations necessary to 
carry out the provisions of this Act; and 
To provide support in the implementation of the strategic 
environment plan for Palawan pursuant to Republic Act 
No. 761 1 and such other political subdivisions as may be 
similarly situated. 
SEC. 7. 
The Local Council for the Preservation of Mangrove 
Forests.- There shall be established a local council for the Preservation of 
Mangrove Forests, hereinafter referred to as the local council, for each of the 
municipality where a reservation areas has been established and set aside. The 
local council shall be composed of the DENR Regional Executive Director, under 
whose jurisdiction the reservation area is located, who shall be the chairman and 
the following members: a representative of the municipal government concerned; 
a representative from each of the barangay under whose territory the reservation 
area is located; a representative from an accredited non-governmental 
organization and representative from the private sector and in the province of 
Palawan, the chairman of the Palawan Council for Sustainable Development, as 
chairman. 
SEC. 8. 
The Powers and Functions of the Local Council-The 
local council shall have the following powers and functions: 


To implement and enforce all the programs and 
policies laid down by the National Council; 
To carry out the general administration and day to day 
planning of the program; 
To secure the reservation areas from illegal and 
destructive activities which would endanger the 
successful implementation and viability of the 
program; and 
To perform other powers and functions as may be 
designated by the National Council. 
In order to secure the reservation area from illegal and destructive 
activities, the local council and the focal government under whose jurisdiction the 
reservation area is located shall employ the services of forest guards who shall 
be tasked with the responsibility to guard and police the areas. They shall have 
the authority to make arrests against those caught violating the provisions of this 
Act or the rules and regulations issued pursuant thereto. 
In the event that any of the forest guards are found to be guilty of 
nonfeasance, misfeasance or malfeasance, the forest guards concerned together 
with the officials of the local council and the local government, by virtue of the 
principle of command responsibility, shall be held liable for such violations and 
shall be prosecuted in accordance with the provisions of Section 9 of this Act 
without prejudice to any criminal liability which they may be found guilty of. 
(4) 
SEC. 9. 
(a) 
Destruction, cutting of mangrove trees within the reservation areas; 
(b) 
Dumping of waste products within the reservation areas; 
(c) 
Construction or reclamation within the jurisdiction of the reservation 
areas without the necessary license, permit or authority; 
(d) 
Illegal fishing activities which will result into damage and 
destruction of the reservation areas; and 
(e) 
Other acts or activities that will result in the damage and destruction 
of the reservation areas. 
SEC. I O .  
Penalties.-Any 
person, natural or juridical, found guilty of 
violating any provisions of this Act, or any rules and regulations issued by the 
National Council, shall, after due notice and hearing be penalized in the amount 
of not less than Five hundred thousand pesos (P500,OOO.OO) but not more that 
One million pesos (P1,000,000.00), or imprisonment of not less that one (1) year 
but not more that six 96) 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 
shall be directly responsible for the acts of his employees and laborers. 
Repealing Clause.-All 
laws, presidential decrees, executive 
orders, rules and regulations or parts thereof that are inconsistent with the 
provisions of this Act are hereby repealed or modified accordingly. 
Prohibited Acts.-The 
following acts are hereby prohibited: 
SEC. 11. 


SEC. 12. 
Separability Clause.-If, 
for any reason, any part or 
provision of this Act is declared unconstitutional or invalid, such parts not affected 
thereby shall remain in full force and effect. 
Effectivity Clause.-This 
Act shall take effect fifteen (15) 
days after its complete publication in at least two (2) newspapers of general 
circulation. 
SEC. 13. 
Approved,