\ 
FIFTEENTH CONGRESS OF THE. 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 1185 
INTRODUCED BY HON. MANNY 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. 
The rapid decline of mangrove forests can be attributed to the "open access" of 
the present system which causes 'the over-population of resources found within the 
forests. This is exacerbated 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. FurthE;lrmore, 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 damaged or destroyed. 
In view of the foregoing, early approval of this bill is earnestly sought. 
V LAR 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 1185 
INTRODUCED BY HON. MANNY VILLAR 
AN ACT PROVIDING FOR THE PRESERVATION, REFORESTATION, 
AFFORESTATION AND SUSTAINABLE DEVELOPMENT OF MANGROVE 
FORESTS IN THE PHILlPP,INES, 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." 
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: 
(a) 
"Afforestation" shall refer to the planting of mangrove trees along coastal 
areas not previously planted with the mangrove trees. 
(b) 
"Coastal area zone" is a band of dry land 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 
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beaches and other areas within a seaward limit of two hundred (200) meters isobath to 
include coral reefs, algae flats, seagrass beds and other soft bottom areas. 
(c) 
"Mangroves" 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 the 
denuded coastal areas. 
SEC. 4. ReseIVation 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, afforestation and sustainable management of 
mangrove forests. All existing mangrove forests shall automatically form part of the 
reservation areas. 
SE·C. 5. Establishment of the National Council for the PreseIVation of Mangrove 
Forests. - There is hereby estabtished 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 council shall be headed by the Secretary of the DENR who 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 the academic and 
research institutions and a representative from an accredited nongovernmental 
organization. 
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SEC. 6. Powers and Functions of the National Council. - The National Council 
shall have the following powers and functions: 
(1) 
To prepare a comprehensive program for the preservation of the 
mangrove forests. For this purpose, it shall conduct studies on the system and the 
mode of preservation of the mangrove forest; 
(2) 
To identify and delineqte boundaries of the coastal areas which shall form 
part of the mangrove reservation areas; 
(3) 
To exercise control and supervision over all the local councils; 
(4) 
To promulgate the rules and regulations necessary to carry out the 
provisions of this Act; and 
(5) 
To provide support in the implementation of the strategic environmental 
plan for Palawan pursuant to Republic Act No. 7611 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 area 
has been identified. 
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 nongovernmental 
organization and a 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: 
(1) 
To implement and enforce all the programs and policies laid down by the 
National Council; 
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, . 
• 
(2) 
To carry out the general administration and day to day planning of the 
program; 
(3) 
To secure the reservation area from illegal and destructive activities which 
would endanger the successful implementation and viability of the program; and 
(4) 
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 local 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. 
SEC. 9. Prohibited Acts. - The following acts are hereby prohibited: 
(a) 
Destruction, cutting of'the 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 in the damaging and destruction of 
the reservation areas; and 
(e) 
Other acts or activities which result in the damage and destruction of the 
reservation areas. 
SEC. 10. 
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, 
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shall, after due notice and public hearing by the regular courts of record, be penalized 
with a fine in the amount of not less than Five hundred thousand pesos (P500,000.00) 
but not more than One million pesos (Pi ,000,000.00), or imprisonment for not less than 
one (1) year but not more than six (6) 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. 
SEC. 11. 
Repealing Clause. -
All laws, presidential decrees, executive 
orders, rules and regulations or parts thereof which are inconsistent with the provisions 
of this Act are hereby repealed or modified accordingly. 
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. 
SEC. 13. 
Effectivity. - This Act shall take effect fifteen (15) days after its 
complete publication in at least two (2) newspapers of general circulation. 
Approved, 
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