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26 
PIS.: 
THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
The State shall protect and advance the right of the people to a balanced 
healthful ecology in accord with the rhythm and harmony of nature. It is imperative 
attain equanimity in the ecosystem if we are to survive. 
The statistics posed 
environmentalists are alarming, the potential damage staggering in their immer 
Experts say that if nothing drastic is done by the Government and by the people ir 
next fifty (50) years, the country can turn into a desert. 
Mangrove forests host teeming life both aerial and marine, offering a haven 
rich food source to marine life. Sadly, our coastal areas are depleted of mang.ove 
trees. Desperate fisherfolk resort to disastrous measures like dynamite fishing for 
food and livelihood. 
This Act seeks to address the situation by providing for the preservaiion, 
reforestation, afforestation and sustainable development of mangrove forests in 
Philippines. 
mangrove forests to promulgate the rules and regulations necessary to carry out 
provisions of this Act. 
This Act further seeks to establish a national council for the preservatioi 
In view of the above, passage of this bill is most earnestly sought. 
~ - 
S E N A T E  
- 
and 
to 
by 
sity. 
the 
and 
.:heir 
the 
of 
the 
146% 
S.B. No. 
Introduced by Senator Manuel "Lito" M. Lapid 
I 
EXPLANATORY NOTE 
.. . 
+A 
MANUEL " L I T 0  M. LAPID 
.
.
 


THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
S E N A T E  
146 
S.B. No. 
.. - 
- 
Introduced by Senator Manuel “Lito” M. Lapid 
AN ACT 
PROVIDING 
FOR 
THE 
PRESERVATION, 
REFORESTATION, 
AFFORESTATION 
AYD 
SUSTAINABLE 
DEVELOPMENT 
OF 
MANGROVE FORESTS IN THE PHILIPPINES,. 
OTHER PURPOSES 
PROVIDING PENALTIES THEREFOR AND FOR 
Be it enacted by the. Senate and House of Representatives of the Philippin 
Congress assembled: 
SECTION 1. 
Title. - This Act shall be known as the “National Prote 
and Preservation of Mangrove Forest Act of 2004.” 
SEC. 2. 
Declaration of Policy. - It is hereby declared the policy ( 
State to protect and preserve the country’s natural resources. Towards this enc 
preservation, reforestation, afforestation and sustainable development of man 
forests shall be pursued through the establishment of reservation areas exclusive 
mangrove trees. 
SEC. 3. 
(a).- 
“Afforestation” shall refer to the planting of mangrove trees along a 
areas not previously planted to mangrove trees. 
“Coastal area zone” is a band of dry land and adjacent ocean : 
(water and submerged land) in which terrestrial processes and 
directly affect oceanic processes and uses and vice versa. Its geogr 
extent may include areas within a landmark limit of one (1) kilometer 
Definition of Terms. - For purposes of this Act: 
(b) 
:2 3 
1s in 
:tion 
’ the 
, the 
rove 
y for 
astal 
Dace 
uses 
iphic 
from 
I 


the shoreline at high tide to include mangrove swamps, brackish Wi 
ponds, nipa swamps, estuaries, rivers, sandy beaches and other i 
within a seaward limit of two hundred (200) meters isobath to include 
reefs, algae flats, seagrass beds and other soft bottom areas. 
“Mangroves” shall refer to types of forests that encompass a commur 
inter-tidal lands including all species of trees, shrubs, vines and I 
found on coast swamps or borders of swamps. 
“Reservation” areas shall refer to coastal areas which have been set 
exclusively for reforestation, afforestation, conservation and presen 
purposes. 
(c) 
(d) 
(e) 
“Reforestation” shall refer to the planting of mangrove trees 
~ denudeti-coastal areas. 
areas. 
SEC. 6. 
Powers and Functions of the National Council. - The N i  
Council shall have the following powers and functions: 
(1) 
To prepare a comprehensive program for the preservation of man 
forests. For this purpose, it shall conduct studies on the system ar 
mode of preservation of the mangrove forest; 
and delineate boundaries of the coastal areas which 
form part of the mangrove reservation areas; 
(2)-- 
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SEC. 8. 
The Powers and Functions of the Local Council. - The 
council shall have the following powers and functions: 
(1) 
To implement and enforce all the programs and policies laid ddwn b$ 
National Council; 
To carry out the general administration and day to.day plan ing.0' 
(2) 
program; 
I 
(3) To secure the reservation area from illegal and destructive activities 
would endanger the successful implementation and viability of 
program; and 
To perform other powers and functions as may be designated b) 
National Council. 
(4) 
In order to secure the reservation area from illegal and 
(3) 
(4) 
(5) 
To exercise control and supervision over all the local councils; 
To promulgate the rules and regulations necessary to carry OL 
provisions of this Act; and 
To provide support in the implementation of the strategic environmen 
for Palawan pursuant to Republic Act No. 7611 and such other pc 
subdivisions as may be similarly situated. 
local 
the 
the 
byhich 
the 
the 
SEC. 7. 
The Local Council for the Preservation of Mangrove Fore. 
There shall be established a local council for the Preservation of Mangrove Fo 
hereinafter referred to as the local council, for each of the municipality whc 
reservation area has been established and set aside. 
The local council s k  
composed of the DENR Regional Executive Director, under whose jurisdictio 
reservation area is located, who shall be the chairman and the following membc 
representative of the municipal government concerned; a representative from e i  
the barangay under whose territory the reservation area is located; a represer; 
from an aczredited non-governmental organization and a representative from the p 
sector and in the province of Palawan, the chairman of the Palawan Couni 
Sustainable Development, as chairman. 
- - 
the 
plan 
itical 
ts. - 
ests, 
re a 
II be 
the 
rs: a 
:h of 
htive 
ivate 
iI for 
c 


responsibility, shall be held liable for such violations and shall be pro l ecutf 
accordance with the provisions of Section 9 of this Act without prejudice to any cri; 
liability which they may be found guilty of. 
i 
SEC. 9. 
(a) 
(b) 
(c) 
Prohibited Acts. -The following acts are hereby prohibited: 
Destruction, cutting of mangrove trees within the reservation areas; 
Dumping of waste products within the reservation areas; 
Construction or reclamation within the jurisdiction of the reservation i 
without the necessary license, permit or authority; 
Illegal fishing activities which will result into damage and destruction I 
reservation areas; and 
Other acts or activities that will result in the damage and destruction I 
reservation areas. 
(d) 
(e) 
SEC. 10. 
Penalties. - Any person, natural or juridical, found guil 
violating any provisions of this Act, or any rules and regulations issued by the Na 
Council, shall, after due notice and hearing be penalized in the amount of not less 
Five hundred thousand pesos (P500,OOO.OO) but not more than One million 
(Pl,OOO,OOO.OO), or imprisonment of not less than one (1) year but not more than I 
years, or both, at the discretion of the Court: Provided, That if the area re( 
rehabilitation or restoration as determined by the court, the offender shall ah 
required to restore or compensate for the restoration of the damage. 
- 
If the offender is an association or corporation, the president or manager sh 
directly responsible for the acts of his employees and laborers. 
SEC. 11. 
Repealing Clause. - All laws, presidential decrees, exec 
orders, rules and regulations or parts thereof that are inconsistent with the 
this Act are hereby repealed or modified accordingly. 
SEC. 12. 
Separability Clause. - If, for any reason, any part or provis 
this Act is declared unconstitutional or invalid, such parts not affected thereby 
remain in full force and effect. 
SEC. 13. 
Effectivity Clause. - This Act shall take effect fifteen (15) 
after its complete publication in at least two (2) newspapers of general circulation. 
Approved, 
i in 
iinal 
reas 
f the 
f the 
Y of 
onal 
than 
3 0 s  
x (6) 
ires 
1 be 
ill be 
utive 
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in of 
shall 
days