, 
SIXTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
foenlltl' 
i~ff"'"f tlr. i>m.'aru 
'13 JUl -1 P2 :45 
Introduced by SENATOR CYNTHIA VILLAR 
EXPLANATORY NOTE 
Mangrove forests are considered one of the most productive and fertile 
ecosystems in the world. Many of our people living in coastal communities lived, 
fished and hunted in the mangroves for ages, deriving from them important 
commodities such as food, fuel, timber, medicine and building materials. 
Mangrove forests also served as "shelterbelt" because they can cushion the 
impact of strong winds and provide protection against soil erosion. With its 
extensive air root system, mangrove forests are able to stabilize shorelines and 
protect inshore nutrients to adjacent areas. More important, mangrove forests 
serve as natural nurseries or breeding places for a large number of commercially 
important marine species. 
Through the years, we have witnessed the rapid decline of our mangrove 
forests, which could be attributed to the "open access" of the present system that 
causes the over-population of resources found within the forests. This is 
intensified by the lack of technical understanding of management, especially 
among local government executives and community residents living along the 
coasts. 
This measure proposes to establish reservation areas in all coastal areas 
in each municipality of the country solely for the preservation, protection, 
reforestation, afforestation and sustainable development of mangrove forests. In 
setting aside portions of land for mangroves, we can ensure that~our people will 
continue to enjoy the benefits accorded by this important ecosystem. This bill will 
also penalize the destruction and cutting of mangrove trees, as well as the 
dumping of waste products within the reservation areas. Furthermore, the 
measure makes the offender pay for the expenses that will be incurred for the 
restoration or rehabilitation of the mangrove areas that will be dalT)aged or 
destroyed. 
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In view thereof, early approval of this bill is earnestly recommended. 
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SIXTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
S.B. No. 
142 
,:ien14h? 
{Gil", "I t~. j!.,<",!Sf~ 
'13 
JUL -1 
P2 :45 
Introduced by SENATOR CYNTHIA VILLAR 
AN ACT 
PROVIDING 
FOR 
THE 
PRESERVATION, 
REFORESTATION, 
AFFORESTATION 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: 
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SECTION 1. Title. -
This Act shall be known as the "National Mangrove 
Forest Protection and Preservation Act of 2013." 
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 the 
mangrove forests shall be pursued through the establishment of reservation 
areas exclusively for mangrove trees. 
SEC. 3. 
Definition of Terms. - For purposes of this Act: 
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(a) 
"Afforestation" shall refer to the establishment of a mangrove forest 
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in an area that did not carry such forest within the past fifty (50) years or within 
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living memory; 
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(b) 
"Coastal areas" shall refer to the band of dry land and adjacent 
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ocean space (water and submerged land) in which terrestrial processes and 
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-uses directly affect oceanic processes and uses and vice versa; its geographic 
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extent may include areas within a landmark limit of one (1) kilometer from the 
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shoreline at high tide to include mangrove swamps, brackish water ponds, nipa 
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swamps, estuarine rivers, sandy beaches and other areas within a seaward limit 
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of two hundred (200) meters isobath to include coral reefs, algae flats, seagrass 
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beds and other soft bottom areas; 
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(c) 
"Mangrove foresf'shall refer to a type of forest occurring on a tidal 
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flat along the sea coast, extending along streams where the water is brackish; 
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(d) 
"Reservation areas" shall refer to portions of coastal areas which 
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have been set aside exclusively for reforestation, afforestation, conservation and 
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preservation purposes; and 
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(e) 
"Reforestation" shall refer to the planting of mangrove treEls along 
the denuded coastal areas. 
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SEC. 4. Establishment of Mangrove Reservation Areas. - There shall be 
established and set aside in all coastal areas in each municipality within the 
Philippine portions of land solely for the preservation, protection, reforestation, 
afforestation and sustainable management of mangrove forests. 
All existing 
mangrove forests shall automatically form part of the reservation areas. 
SEC. 5. 
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). 
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The National Council shall be composed of twelve (12) members 
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conSisting of: 
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(1) 
The Secretary of the DENR who shall act as Chairman; 
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(2) 
The Secretary of the Department of Agriculture (DA) who shall act 
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as Vice-Chairman; 
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(3) 
The Secretary of the Department of Interior and Local Government 
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(DILG); 
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(4) 
The Secretary of the Department of Science and Technology 
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(DOST); 
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(5) 
The Director-General of the National Economic Development 
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Authority (NEDA); 
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(6) 
The Director of the Bureau of Fisheries and Aquatic Resources 
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(BFAR) of the DA; 
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(7) 
The Director of the Forest Management Bureau (FMB~ of the 
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DENR; 
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(8) 
The Director of the Ecosystem and Research Development Bureau 
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(ERDB) of the DENR; 
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(9) 
The Administrator of the National Mapping and Resources 
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Information authority (NAMRIA); 
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(10) 
A representative from the academe to be appointed by the 
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President of the Philippines; 
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(11) 
A representative from the research institutions conducting 
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researches on sustainable mangrove forest management to be 
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appointed by the President of the Philippines; and 
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(12) 
A representative from an accredited non-government organization 
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(NGOs) conducting programs on sustainable mangrove forest 
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management to be appointed by the President of the Philippines. 
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SEC. 6. 
Powers and Functions of the National Council. - The National 
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Council shall have the following powers and functions: 
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(1) 
To review existing relevant policies and conduct studies on 
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mangrove forest and its preservation; 
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(2) 
To prepare a comprehensive program for the· preservation, 
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reforestation, afforestation and sustainable development of mangrove forests; 
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(3) 
To establish the guidelines in identifying the areas to be declared 
as mangrove forest reservations; 
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To identify and delineate the boundaries of coastal areais which 
shall form part of the mangrove reservation areas; 
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To exercise control and supervision over all the local councils; and 
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To promUlgate the rules and regulations necessary to carry out the 
provisions of this Act; 
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SEC. 7. The Local Council for the Preservation of Mangrove Forests. - A 
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local council for the preservation of mangrove forests, hereinafter referred to as 
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the Local Council, shall be established in each of the municipalities where a 
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mangrove reservation area has been identified. for each of the municipality 
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where a reservation area has been identified. 
Each Local Council shall be 
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chaired by the Regional Executive Director of the DENR under whose jurisdiction 
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the reservation area is located, with the following members: (a) a representative 
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of the municipal government concerned; 
(b) a representative each from the 
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barangays under whose territory the reservation area is located; 
(c) a 
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representative from an accredited non-governmental organization (NGO); and (d) 
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a representative from the private sector. 
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SEC. 8. 
The Powers and Functions of the Local Council. - The Local 
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Council shall have the following powers and functions: 
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(1) 
To implement and enforce all the programs and policies laid down 
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by the National Council; 
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(2) 
To carry out the general administration and day to day planning of 
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the Program; 
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(3) 
To secure the mangrove reservation area from illegal and 
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destructive activities which would endanger the successful implementation and 
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viability of the program; and 
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(4) 
To perform such other powers and functions as may be designated 
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by the National Council. 
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In order to secure the mangrove reservation area from illegal and 
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destructive activities, the Local Council and the local government, under whose 
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jurisdiction the reservation area is located, shall employ the services of forest 
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guards who shall be tasked with the responsibility to guard and police the areas. 
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They shall have the authority to arrest those caught violating the provisions of 
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this Act and the rules and regulations issued pursuant thereto. 
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In the event that any of the forest guards are found to be guilty of 
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nonfeasance, misfeasance or malfeasance, the forest guard or guards 
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concerned and the officials of the Local Council and the local government, by 
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virtue of the principle of command responsibility, shall be held liable for such 
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violations and shall be prosecuted in accordance with the provisions of this Act 
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without prejudice to any criminal and/or liabilities provided for under existing laws 
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of the country. 
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SEC. 9. 
Prohibited Acts. - The following acts are hereby prohibited 
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within·the mangrove reservation areas: 
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(a) 
Cutting, uprooting or destroying any mangrove tree; 
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(b) 
Dumping of waste; 
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(c) 
Construction or reclamation activity; 
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(d) 
Illegal fishing activities that will result in the damaging and 
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destruction of the mangrove forest; and 
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(e) 
Other acts or activities that will result in the damage and/or 
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destruction of the mangrove forest. 
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SEC. 10. 
Penalties. - Any person, natural or juridical, found guilty of 
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violating any provisions of this Act or the rules and regulations issued by the 
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National Council, shall, after due notice and public hearing by the regular courts 
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of competent jurisdiction, be fined in the amount of not less than Two hundred 
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thousand pesos (PhP200,OOO.OO) but not more than One million pesos 
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(PhP1,OOO,OOO.OO) or imprisonment for not less than one (1) year but not more 
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than six (6) years, or both, at the discretion of the Court: Provided, That if the 
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area requires rehabilitation or restoration as determined by the Court, the 
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offender shall also be required to restore or compensate for the restoration of the 
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damage. 
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If the offender is an association or corporation, the president or manager 
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and the officer who has direct knowledge over the offense shall be held liable 
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under this Act. 
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SEC. 11. 
Separability Clause. -
If, for any reason, any section or 
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provision of this Act shall be declared to be unconstitutional or invalid, the other 
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sections or provisions not affected thereby shall remain in full force and effect. 
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SEC. 12. 
Repealing Clause. - All laws, presidential decrees, executive 
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orders, rules and regulations or parts thereof which are inconsistent with the 
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provisions of this Act are hereby repealed or modified accordingly. 
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SEC. 13. Effectivity. - This Act shall take effect fifteen (15) days after its 
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complete pUblicati~n in at least two (2) newspapers of general circulationi 
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Approved, 
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