SUSON, ANGELYN D.

NATURAL RESOURCES AND ENVIRONMENTAL LAW

COMPARATIVETABLEBETWEENR.A. 7586 ANDR.A. 11038

National Integrated Protected Areas System(Nipas) Act

R.A. 8786 R.A. 11038

Section 1. Title – This Act shall be known and referred to as the Section 1. Title. - This Act shall be known and referred to as the
"National Integrated Protected Areas SystemAct of 1992′′. "Expanded National Integrated Protected Areas System Act of
2018"
Section 2. Declaration of Policy – Cognizant of the profound Section 2. Section 2 of Republic Act No. 7586 is hereby amended
impact of man’s activities on all components of the natural to read as follows:
environment particularly the effect of increasing population, "Sec. 2. Declaration of Policy. - Cognizant of the profound impact
resource exploitation and industrial advancement and of human activitieson all componentsof the natural environment
recognizing the critical importance of protecting and maintaining particularly the effect of increasing population, resource
the natural biological and physical diversitiesof the environment exploitation and industrial advancement, and recognizing the
notably on areas with biologically unique features to sustain critical importance of protecting and maintaining the natural,
human life and development, as well as plant and animal life, it biological, and physical diversities of the environment notably on
ishereby declared thepolicy of theStatetosecurefor theFilipino areas with biologically unique features to sustain human life and
people of present and future generations the perpetual existence development, as well as plant and animal life, it is hereby
of all native plants and animals through the establishment of a declared the policy of the State to secure for the Filipino people
comprehensive system of integrated protected areas within the of present for future generations, the perpetual existence of all
classification of national park as provided for in the Constitution. native plants and animals through the establishment of a
It is hereby recognized that these areas, although distinct in comprehensive system of integrated protected areas within the
features, posses common ecological values that may be classification of national park as provided for in the Constitution.
incorporated into a holistic plan representative of our natural "It is hereby recognized that these areas, although distinct in
heritage; that effectiveadministrationof thisarea ispossibleonly features, possess common ecological values that may be
through cooperation among national government, local incorporated into a holistic plan to conserve and protect our
government and concerned private organizations; that the use natural heritage; that effective administration of these areas is
and enjoyment of these protected areas must be consistent with possible only through cooperation among the national
the principles of biological diversity and sustainable government, local governments, concerned nongovernment
development. organizations, private organizations, and local communities; that
the use and enjoyment of these protected areas much be
To this end, there is hereby established a National Integrated consistent with the principles of biological diversity and
Protected Areas System (NIPAS), which shall encompass sustainable development.
outstandingly remarkableareasandbiologically important public "To this end, there is hereby established a National Integrated
lands that are habitats of rare and endangered species of plants Protected Areas System (NIPAS), which shall encompass
and animals, biogeographic zones and related ecosystems, ecologically rich and unique areas and biologically important
whether terrestrial, wetland or marine, all of which shall be public lands that are habitats of rare and threatened species of
designated as "protected areas". plantsand animals, biogeographic zonesand related ecosystems,
whether terrestrial, wetland or marine, all of which shall be
designated as 'protected areas'. The System shall recognize
conservation areas and the management regimes being
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
implementedby local government units(LGUs), local communities
and indigenous peoples (IPs).
"The State shall ensure the full implementation of this Act, the
mobilization of resourcesfor the institutional mechanismsherein
established, and the full scientific and technical support needed
for the conservation of biodiversity and the integrity of the
ecosystems, culture and indigenous practices."
Section 5. Establishment and Extent of the System– The Section 4. Section 5 of Republic Act No. 7586 is hereby amended
establishment and operationalization of the Systemshall involve to read as follows:
the following: "Sec. 5. Establishment and Extent of the System. - The
1. All areasor islandsin thePhilippinesproclaimed, designated or establishment and operationalization of the Systemshall involve
set aside, pursuant to a law, presidential decree, presidential the following:
proclamation or executive order as national park, game refuge, (a) All areas or islands in the Philippines proclaimed, designated
bird and wildlife sanctuary, wilderness area, strict nature or set aside, pursuant to a law, presidential decree, presidential
reserve, watershed, mangrove reserve, fish sanctuary, natural proclamation or executive order as national park, game refuge,
and historical landmark, protected and managed bird and wildlife sanctuary, wilderness area, strict nature
landscape/seascapeaswell asidentifiedvirginforestsbeforethe reserve, watershed, mangrove reserve, fish sanctuary, natural
effectivity of thisAct arehereby designated asinitial components and historical landmark, protected and managed
of the System. The initial components of the System shall be landscape/seascape as well as old growth forests identified
governed by existing laws, rulesand regulations, not inconsistent beforetheeffectivity of thisAct or still tobeidentified, arehereby
with this Act; designated as initial components of the System. The initial
2. Withinone(1) year fromtheeffectivity of thisAct, theDENRshall components of the System shall be governed by existing laws,
submit tothe Senate and the House of Representativesa mapand rules, and regulations, not inconsistent with this Act.
legal descriptions or natural boundaries of each protected area "(a.1.) Establishment as Protected Areas. - Aside from the areas
initially comprising the System. Such maps and legal description already declaredasprotectedareasthroughactsof Congress, the
shall, by virtue of this Act, constitute the official documentary following parcels of land and/or bodies of water are hereby
representation of the entire System, subject to such changes as established as protected areas within the classification of
Congress deems necessary; national park pursuant to the Philippine Constitution:
3. All DENR records pertaining to said protected areas, including
mapsandlegal descriptionsor natural boundaries, copiesof rules Region Protected Area Province Area (Has.)

1 1 Kalbario-Patapat Natural Park Ilocos Norte 3,903.19

and regulations governing them, copies of public notices of, and 2 Libunao Protected Landscape Ilocos Norte 47.15
reports submitted to Congress regarding pending additions, 3 Bessang Pass Natural Monument/Landmark Ilocos Sur 581.05
4 Bigbiga Protected Landscape Ilocos Sur 142.87
eliminations, or modifications shall be made available to the 5 Lidlidda Banayoyo Protected Landscape Ilocos Sur 1,042.29

public. These legal documentspertaining toprotected areasshall 6 Salcedo Protected Landscape (formerly Sta.
Lucia Protected Landscape)
Ilocos Sur 196.33

also be available to the public in the respective DENR Regional 7 Agoo Damortis Protected Landscape and La Union 10,774.68
Seascape
Offices, Provincial Environment and Natural Resources Offices 8 Manleluag Spring Protected Landscape Pangasinan 1,938.83
(PENROs) and Community Environment and Natural Resources 2 9 Palaui Island Protected Landscape and
Seascape
Cagayan 8,048.57

Offices (CENROs) where NIPASareas are located; 10 Peñablanca Protected Landscape and Seascape Cagayan 118,653.67
11 Tumauini Watershed Natural Park Isabela 6,509.38
4. Within three (3) years fromthe effectivity of this Act, the DENR 12 Salinas Natural Monument Nueva Vizcaya 5,966.05
shall study and review each area tentatively composing the 13 Casecnan Protected Landscape Quirino,
Vizacaya,
Nueva
and
86,246.77

Systemas to its suitability or non-suitability for preservation as Aurora

3 14 Amro River Protected Landscape Aurora 6,431.30
protected area and inclusion in the System according to the 15 Dinadiawan River Protected Landscape Aurora 3,366.54
categories established in Section 3 hereof and report its findings 16 Simbahan Talagas Protected Landscape Aurora 2,284.30
17 Talaytay Protected Landscape Aurora 3,598.31
to the President as soon as each study is completed. The study 18 Bataan Natural Park Bataan 20,004.17
19 Roosevelt Protected Landscape Bataan 950.43
must include in each area:
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
1. Aforest occupants survey; 20 Masinloc andOyonBay ProtectedLandscapeand
Seascape
Zambales 7,558.00

2. An ethnographic study; NCR 21 Las Piñas-Parañaque Critical Habitat and Las Piñas City and 181.63
Ecotourism Area (LPPCHEA), also known as Las Parañaque City
3. Aprotected area resource profile; Piñas-Parañaque Wetland Park

4. Land use plans done in coordination with the respective 4A

22
23
Ninoy Aquino Parks and Wildlife Center
Mts. Palay-Palay-Mataas-na-Gulod Protected
Quezon City
Batangas and
23.85
3,972.70
Regional Development Councils; and Landscape Cavite
24 Taal Volcano Protected Landscape Batangas and 62,292.16
5. Such other background studies as will be sufficient bases for Cavite

selection. 25
26
Buenavista Protected Landscape
Maulawin Spring Protected Landscape
Quezon
Quezon
287.24
183.15
The DENRshall: 27 Quezon Protected Landscape Quezon 1,042.85
28 Hinulugang Taktak Protected Landscape Rizal 3.58
1. Notify the public of proposed action through publication in a 29 Pamitinan Protected Landscape Rizal 609.15
newspaper of general circulation, and such other means as the 30 Upper Marikina River BasinProtectedLandscape Rizal 26,125.64
4B 31 Marinduque Wildlife Sanctuary Marinduque 9,758.71
Systemdeemsnecessary inthearea or areasinthevicinity of the 32 Apo Reef Natural Park Occidental Mindoro 15,799.23
33 Mt. Calavite Wildlife Sanctuary Occidental Mindoro 18,172.69
affected land thirty (30) days prior to the public hearing; 34 Mts. Iglit-Baco Natural Park Occidental and 106,655.62
i. Conduct public hearings at the locations nearest to the area Oriental Mindoro
35 Mt. Guiting-Guiting Natural Park Romblon 15,515.22
affected; 5 36 Mt. Mayon National Park Albay 5,327.15

ii. At least thirty (30) days prior to the date of hearing, advise all 37 Ticao Burias Pass Protected Seascape Albay, Masbate and
Sorsogon
414,244.00

Local Government Units (LGUs) in the affected areas, national 38 Abasig-Matogdon-Mananap Natural Biotic Area Camarines Norte 5,918.312
39 Bicol Natural Park Camarines Sur 5466.35
agencies concerned, people’s organizations and non-government 40 Buhi Wildlife Sanctuary Camarines Sur 1,620.65
organizations and invite such officials to submit their views on 41
42
Lagonoy Natural Biotic Area
Malabungot Protected Landscape
Camarines Sur
Camarines Sur
443.63
147.71
the proposed action at the hearing not later than thirty (30) days 43 Mt. Isarog Natural Park Camarines Sur 10,090.89
44 Catanduanes Natural Park Catanduanes 48,924.09
following the date of hearing; and 45 Bongsanglay Natural Park Masbate 518.90
iii. Give due consideration to the recommendations at the public 46 Bulusan Volcano Natural Park Sorsogon 3641.47
6 47 North west Panay Peninsula Natural Park Aklan and Antique 12.009.29
hearing; and provide sufficient explanation for his 48 SibalomNatural Park Antique 6,778.44
49 Northen Negros Natural Park Negros Occidental 70,826.16
recommendations contrary to the general sentiments expressed 7 50 Albirquerque-Loay-Loboc Protected Landscape Bohol 1,165.51
in the public hearing; and Seascape
51 Chocolate Hills Natural Monument Bohol 13,994.95
2. Uponreceipt of therecommendationsof theDENR, thePresident 52 Panglao Island Protected Seascape Bohol 2,445.08

shall issue a presidential proclamation designating the 53

54
Rajah Sikatuna Protected Landscape
TalibonGroupof IslandProtectedLandscapeand
Bohol
Bohol
10,964.64
6,446.31
recommended areas as protected areas and providing for Seascape
55 Camotes Island Protected Landscape and Cebue 1,436.31
measuresfor their protectionuntil suchtimewhenCongressshall Seascape
haveenacted a lawfinally declaring such recommended areasas 56
57
Olango Island Wildlife Sanctuary
Tañon Strait Protected Seascape
Cebu
Cebu, Negros
1,382.29
534,589.05
part of the integrated protected area systems; and Occidental and
Oriental
3. Thereafter, the President shall send to the Senate and the 58 Apo Island Protected Landscape and Seascape Negros Oriental 691.40
House of Representatives his recommendations with respect to 8
59
60
Balisasayao Twin Lakes Natural Park
Cuatro Islas Protected Landscape and Seascape
Negros Oriental
Leyte
8,016.05
11,407.46
the designations as protected areas or reclassification of each 61 Lake Danao Natural Park Leyte 2,244.16
62 Mahagnao Volcano Natural Park Leyte 340.82
area on which review has been completed, together with maps 63 Guiuan Marine Resource Protected Landscape Eastern Samar 66,725.26
and legal description of boundaries. The President, in his and Seascape
64 Biri Larosa Protected Landscape and Seascape Northern Samar 32,284.14
recommendation, may propose the alteration of existing 65 Calbayog Pan-as Hayiban Protected Landscape Samar 5,067.93
66 Samar Island Natural Park Samar, Eastern 335,105.57
boundaries of any or all proclaimed protected areas, addition of Samar and
any contiguous area of public land of predominant physical and Northern Samar
9 67 Basilan Natural Biotic Area Basilan 4,545.99
biological value. Nothing contained herein shall limit the 68 Aliguay Island Protected Landscape and Iablea City 1,189.36
Seascape
President to propose, as part of his recommendation toCongress, 69 Turtle Islands Wildlife Santuary Tawi-Tawi 242,958.29
additional areas which have not been designated, proclaimed or 70 Great and Little Sta. Cruz Island Protected Zamboanga City 1,827.16
Landscape and Seascape
set aside by law, presidential decree, proclamation or executive 71 Pasonanca Natural Park Zamboanga City 12,102.08
72 Jose Rizal Memorial Protected Landscape Zamboanga del 474.82
orders as protected area/s. Norte
73 Murcielagos Protected Landscape and Seascape Zamboanga del 100.40
Norte
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
74 Selinog Island Protected Landscape and Zamboanga del 959.41
Seascape Norte
75 Siocon Resource Reserve Zamboanga del 855.59
Norte
76 Dumanquillas Bay Protected Landscape and Zamboanga del Sur 26,112.21
Seascape
77 Mt. Timolan Protected Landscape Zamboanga del Sur 2,244.54
78 Buug Natural Biotic Area Zamboanga 1,261.46
Sibugay
10 79 Mt. Kalatungan Range Natural Park Bukidnon 22,225.11
80 Mt. Timpoong Hibok-Hibok Natural Monument Camiguin 2,203.39
81 Mt. Inayawan Range Natural Park Lanao del Norte 4,236.19
82 Baliangao Protected Landscape and Seascape Misamis Occidental 315.50
83 Initao-Libertad Protected Landscape and Misamis Oriental 921.02
Seascape
84 Mt. Balatukan Range Natural Park Misamis Oriental 8,437.86
11 85 Mabini Protected Landscape and Seascape Compostela Valley 7,292.62
86 Mainit Hot Spring Protected Landscape Compostela Valley 1,422.63
87 Aliwagwag Protected Landscape Davao Oriental and 10,261.06
Compostela Valley
88 Mati Protected Landscape Davao Oriental 884.46
89 Pujada Bay Protected Landscape and Seascape Davao Oriental 20,873.43
12 90 Saragani Bay Protected Seascape General SantosCity 210,887.69
and Sarangani
91 Mt. MatutumProtected Landscape South Cotabato and 13,947.00
Sarangani
13 92 Agusan Marsh Wildlife Sanctuary Agusan del Sur 40,940.96
93 Siargao Island Protected Landscape and Surigao del Norte 283,974.77
Seascape
94 Tinuy-An Falls Protected Landscape Surigao del Sur 4,321.75

"The boundaries and technical description of each protected area

as described in the attached Annex, which are duly certified
accurate on every page thereof by the National Mapping and
Resource Information Authority (NAMRIA) are hereby adopted and
made an integral part thereof.
"The DENR, with the assistance of other government agencies, if
necessary, shall delineate and demarcate on the ground the
boundaries of each protected area which shall not be modified
except by an act of Congress.
"(a.2.) The Remaining Initial Components. - Within three (3) years
from the effectivity of this Act, the DENR shall undertake the
following activities in preparation for the establishment of the
remaining initial components as protected areas through an act
of Congress:
"(1) Provide maps and technical descriptions of the areas;
"(2) Conduct suitability assessment of the areas; and
"(3) Conduct public consultations.
Any initial component that does not satisfy the abovementioned
requirementsshall be disestablished pursuant toSection 7 of this
Act.
"(b) All DENRrecordspertaining tosaid protected areas, including
maps and technical descriptions or natural boundaries, copies of
rules and regulations governing them, copies of public notices of,
and reports submitted to Congress regarding pending additions,
eliminations, or modifications shall be made available to the
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
public. These legal documentspertaining toprotected areasshall
also be available to the public in the respective DENR Regional
Offices, Provincial Environment and Natural Resources Offices
(PENROs) and Community Environment and Natural Resources
Offices(CENROs) andProtectedArea Management Offices(PAMOs)
where protected areas are located;
"(c) The DENR shall conduct a suitability assessment for each of
the proposed protected area. If found suitable for inclusion in the
System according to the categories established in Section 3
hereof, a report containing thefollowing itemsshall be submitted
to the president as soon as the study is completed, to wit:
"(1) AProtected area occupants survey;
"(2) An ethnographic study;
"(3) Aprotected area resource profile;
"(4) Land and water use plans; and
"(5) Other background studies.
"(d) In the conduct of public consultation, the DENRshall:
"(1) Notify the public of proposed action through publication in a
newspaper of general circulation and such other meansincluding
notices to the stakeholders that will likely be affected within the
respective localities, thirty (30) days prior to the public
consultation;
"(2) Conduct public consultation at locations near the proposed
protected area;
"(3) Invite all local government units (LGUs) in the affected areas,
national agencies concerned, people's organizations (POs) and
nongovernment organizations (NGOs) and request for
corresponding postion papers; and
"(4) Prepare recommendationsbased on the viewsand comments
gathered frompublic consultation;
"(e) Upon receipt of the recommendations of the DENR, the
President shall issue a proclamation establishing the proposed
protected areas and providing for measures for their protection
until the time when Congress shall have enacted a law finally
declaring the recommended areas as part of the System; and
"(f) Uponcompletionof theappropriatereview, thePresident shall
recommend to the Senate and the House of Representatives the
designations of protected areas ot reclassification of each area."

Section 6. Additional Areas to be Integrated to the System. – Section 5. Section 6 of Republic Act No. 7586 is hereby amended
Notwithstanding theestablishment of the initial component of the to read as follows:
additional areas with outstanding physical features, "Sec. 6. Additional Areas to be Included into the System. - Upon
anthropological significance and biological diversity in the recommendation of the DENR, additional areas with unique
accordance with the provisions of Section 5d. physical features, anthropological significance and high
biological diversity may be proposed for inclusion as part of the
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
System. Such areas shall undergo the same procedure as the
remaining initial components for legislative enactment."

Section 8. Buffer Zones. – For each protected area, there shall be Section 6. Section 8 of Republic Act No. 7586 is hereby amended
established peripheral buffer zones when necessary, in the same to read as follows:
manner asCongressestablishestheprotectedarea, toprotect the "Sec. 8. Buffers Zones. - When necessary, the DENR Secretary,
samefromactivitiesthat will directly andindirectly harmit. Such upon the recommendation of the PAMB, may be designate areas
buffer zones shall be included in the individual protected area surrounding the protected areas as buffer zones for the purpose
management plan that shall prepared for each protected area. of providing extra layer of protection where restrictions may be
The DENR shall exercise its authority over protected areas as applied: Provided, That, in cases where the designated buffer
provided in this Act on such area and designated as buffer zones zone would cover private lands, the owners thereof shall be
required to design their development with due consideration to
the protected area management plan."

Section 9. Management Plans. – There shall be a general Section 7. Section 9 of Republic Act No. 7586 is hereby amended
management planning strategy to serve as guide in formulating to read as follows:
individual plans for each protected area. The management "Sec. 9. Management Plan. -Within one (1) year from the
planning strategy shall, at the minimum, promote the adoption establishment of theprotected area thereshall bea management
and implementation of innovative management techniques plan formulated for each protected area that small serve as the
including if necessary, the concept of zoning, buffer zone basic long-term framework plan for the management of the
management for multiple use and protection, habitat protected area and guide in the preparation of its annual
conservation and rehabilitation, diversity management, operations plan and budget.
community organizing, socioeconomic and scientific researches, "The management plan shall, at the minimum, promote the
site-specific policy development, pest management, and fire adoption and implementation of innovative management
control. The management planning strategy shall also provide techniques including, when necessary, zoning, buffer zone
guidelines for the protection of indigenous cultural communities, management, habitat conservation and rehabilitation, diversity
other tenured migrant communities and sites for close management, community organizing and development,
coordination between and among local agencies of the socioeconomic and scientific researches, site-specific policy
Government as well as the private sector. development, climate change adaptation and mitigation, disaster
Each component area of the System shall be planned and risk reduction and management, waste sewerage and septic
administered to further protect and enhance the permanent management, and gender and development, among others.
preservation of its natural conditions. A management manual "The plan shall be harmonized with the Ancestral Domain
shall be formulated and developed which must contain the Sustainable Development and Protection Plan (ADSDPP) required
following: an individual management plan prepared by three (3) under Republic Act No. 8371, or "The IndigenousPeople's Right Act
experts, basic background information, field inventory of the of 1997', therespectiveCompreshensiveLand UsePlans(CLUPs) of
resources within the area, an assessment of assets and local governments required under Republic Act No. 7160 or the
limitations, regional interrelationships, particular objectives for 'Local Government Code of 1991' and other local plans."
managing the area, appropriate division of the area into
management zones, a reviewof the boundaries of the area, and a
design of the management programs.

Section 10. Administration and Management of the System. – The Section 8. Section 10 of Republic Act No. 7586 is hereby amended
National Integrated Protected Areas System is hereby placed to read as follows:
under the control and administration of the Department of "Sec. 10. Administration and Management of the System. - The
Environment and Natural Resources. For this purpose, there is National Integrated Protected Area System (NIPAS) is hereby
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
hereby createda divisionintheregional officesof theDepartment placed under the control and administration of the DENRthrough
to be called the Protected Areas and Wildlife Division in regions the Biodiversity Management Bureau (BMB).
where protected areas have been established, which shall be "Tocarry out the mandate of thisAct, the secretary of the DENRis
under the supervision of a Regional Technical Director, and shall empowered to performthe following acts:
include subordinate officers, clerks, and employees as may be "(a) Issue a system-wide set of rules and regulations to
proposed by the Secretary, duly approved by the Department of implement the provision of this Act;
Budget and Management, and appropriated by the Congress. The "(b) Set standards, procedures, and protocols for the
Service thus established shall manage protected areas and establishment and management of protected areas and the
promote the permanent preservation, to the greatest extent System, such as, but not limited to conduct of study, zoning,
possible of their natural conditions. reviewof plans and project proposals, specificationsand types of
To carry out the mandate of this Act, the Secretary of the DENRis buildings and other structures, and installation of uniform
empowered to performany and all of the following acts: markers and symbols;
a. To conduct studies on various characteristic features and "(c) Deputize field officers and other technical and support
conditions of the different protected areas, using commonalities personnel;
in their characteristics, classify and define theminto categories "(d) Determine a system-wide set of fees and charges to ensure
and prescribe permissible or prohibited human activities in each sustainable financing of protected areas and the System;
category in the System; "(e) Impose administrative fines and penalties;
b. To adopt and enforce a land use scheme and zoning plan in "(f) Report on the status of the Integrated Protected Area Fund
adjoining areas for the preservation and control of activities that (IPAF), its collection of fees, and disbursements fromthe IPAF;
may threaten the ecological balance in the protected areas; "(g) Designate the appropriate Chairperson of each PAMB;
c. To cause the preparation of and exercise the power to review "(h) Enter into contracts and/or agreements with private entities
all plans and proposals for the management of protected areas; or public agenciesasmay benecessary tocarry out theobjectives
d. Topromulgate rulesand regulationsnecessary tocarry out the of the System;
provisions of this Act; "(i) Accept in thenameof thePhilippineGovernment and in behalf
e. To deputize field officers and delegate any of his powers under of NIPAS funds, gifts or bequest of money for immediate
this Act and other laws to expedite its implementation and disbursements or other property in the interest of the NIPAS, its
enforcement; activities or its services;
f. Tofix and prescribe reasonable NIPASfees tobe collected from "(j) Call on any agency or instrumentality of the Government as
government agencies or any person, firmor corporation deriving well asacademic institutions, NGOsand theprivatesector asmay
benefits fromthe protected areas; be necessary to accomplish the objectives and activities of the
g. To exact administrative fees and fines as authorized in Section System;
21 for violation of guidelines, rules and regulations of this Act as "(k) Submit an annual report to the President of the Republic of
would endanger the viability of protected areas; the Philippines and to Congress on the status of protected areas
h. Toenter intocontractsand/or agreementswith private entities in the country;
or public agenciesasmay be necessary tocarry out the purposes "(l) Overseeand set guidelinesin theconstruction, operationsand
of this Act; maintenance of roads, trails, waterworks, sewerage systems, fire
i. To accept in the name of the Philippine Government and in protection, sanitation systemsand other public utilitieswithin the
behalf of NIPAS funds, gifts or bequests of money for immediate protected area;
disbursements or other property in the interest of the NIPAS, its "(m) Within the limits allowed by existing laws, rules and
activities or its services; regulations ensure that settlement areas inside the protected
j. To call on any agency or instrumentality of the Government as area shall not be expanded and that coverage shall only be
well asacademic institutions, non-government organizationsand limited to the original area/s occupied by tenured migrants and
the private sector as may be necessary to accomplish the indigenous communities; and
objectives and activities of the System; "(n) Perform such other functions as may be directed by the
President of the Republic of the Philippines, and todocuh acts as
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
k. To submit an annual report to the President of the Philippines may be necessary to the accomplishment of the purposes and
and to Congress on the status of protected areas in the country; objectives of the System."
l. To establish a uniform marker of the System, including an
appropriate and distinctive symbol for each category in the
System, in consultation with appropriate government agencies
and public and private organizations;
m. To determine the specification of the class, type and style of
buildings and other structures to be constructed in protected
areas and the materials to be used;
n. Control the construction, operation and maintenance of roads,
trails, waterworks, sewerage, fire protection, and sanitation
systems and other public utilities within the protected area;
o. Control occupancy of suitable portions of the protected area
and resettle outside of said area forest occupants therein, with
the exception of the members of indigenous communities area;
and
p. To perform such other functions as may be directed by the
President of the Philippines, and to do such acts as may be
necessary or incidental totheaccomplishment of thepurposeand
objectives of the System.

Section 11. Protected Area Management Board. – AProtected Area Section 9. Section 11 of the Republic Act No. 7586 is hereby
Management Board for each of the established protected area amended to read as follows:
shall be created and shall be composed of the following: The "Sec. 11. Protected Area Management Board (PAMB). - Within three
Regional Executive Director under whose jurisdiction the (3) monthsafter theeffectivity of thisAct, aPAMBshall becreated
protected area is located; one (1) representative from the for each of the protected areas designated as initial component,
autonomous regional government, if applicable; the Provincial established by presidential proclamation, and declared by law.
Development Officer; one (1) representative from the municipal The Board shall be composed of the following:
government; one (1) representative fromeach barangay covering "(a) DENR Regional Director under whose jurisdiction the
the protected area; one (1) representative from each tribal protected area is located, as Chairperson;
community, if applicable; and, at least three (3) representatives "(b) Governor/s of the province/s where the protected area is
from non-government organizations/local community located or their duly designated representative/s;
organizations, and if necessary, one (1) representative fromother "(c) A Senator of the Republic of the Philippines who is a duly
departments or national government agencies involved in registered resident of the city or province where the protected
protected area management. area is located or a duly authorized representative, unless the
The Board shall, by a majority vote, decide the allocations for Senator declines membership in the PAMB;
budget, approve proposals for funding, decide matters relating to "(d) District Representative/s of the Congressional district/s
planning, peripheral protection and general administration of the where the protected area is located or their duly designated
area in accordance with the general management strategy. The representatives, unless the District Representative declines
members of the Board shall serve for a term of five (5) years membership in the PAMB;
without compensation, except for actual and necessary traveling "(e) Mayor/s of the city/cities or municipality/municipalities
and subsistence expenses incurred in the performance of their where the protected area is located or their duly designated
duties. They shall be appointed by the Secretary of the DENR as representative/s;
follows: "(f) Chairpeson/s of the barangay/s where the protected area is
located;
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
a. A member who shall be appointed to represent each local "(g) Regional Directors of the following government agencies,
government down to barangay level whose territory or portion is namely: the Department of Agriculture (DA), the National
includedintheprotectedarea. Eachappointeeshall betheperson Economic and Development Authority (NEDA), the Department of
designated by the head of such LGU, except for the Provincial Science and Technology (DOST), the Philippine National Police
Development Officer who shall serve ex officio; (PNP), and the Department of National Defense (DND);
b. A member from non-government organizations who shall be "(h) Three (3) representatives from either an NGO or PO, duly
endorsed by heads of organizations which are preferably based accredited both by the DENRand the provincial government. The
in the area or which have established and recognized interest in NGOor POrepresented should have been in existence for at least
protected areas; five(5) yearsandwith track recordinor related toprotected area
c. The RED/s in the region/s where such protected area lies shall management;
sit asex officiomember of the Board and shall serve asadviser/s "(i) At least one (1) but not more than three (3) representatives
in matters related to the technical aspect of management of the from all the IPs/ICCs present in the area and recognized by the
area; and National Commission on Indigenous Peoples (NCIP);
d. The REDshall act aschairman of theBoard. When there aretwo "(j) One (1) representative from an academic institution,
(2) or more REDs in the Board, the Secretary shall designate one preferably froma university or college in the province where the
(1) of them to be the Chairman. Vacancies shall be filled in the protected area is located, with proven track record in or related
same manner as the original appointment. is located, with proven track record in or related tothe protected
area management; and
"(k) One (1) representative from the private sector, preferably a
resident of the province where the protected area is located, who
is distinguished in a profession or field of interest relevant to the
protected area management.
" Ex officio members or members of the PAMB by virtue of their
elective or appointive government positions as specified in the
immediately preceding subparagraphs (a), (b), (c), (d), (e), (f), and
(g), shall serve for the duration of their respective terms of office
in their respective elective or appointive government positions.
"On the other hand, the members of the PAMB specified under
subparagraphs(h), (i), (j), and (k) of thissection shall beappointed
by the DENRSecretary after the conduct of a transparent and fair
selection process. They shall each serve a termof three (3) years
and may be reappointed for another term.
The members of the PAMB shall serve without compensation,
except for the actual and necessary traveling and subsistence
expenses incurred in the performance of their duties, either in
their attendance in meetings of the PAMB or in connection with
other official business authorized througha resolution of the
PAMB, subject to existing rules and regulations. Each member
shall have the full capacity and accountability for decisions
binding to the member's sector.
"The PAMBmembers duly appointed prior to the effectivity of this
Act shall continue their term until the expiration of their
appointment. Thereafter, members of the management board
shall be apointed in accordance with the provisions of this
Act: Provided, That the Regional Director of the DENRshall ensure
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
that the relevant members of the PAMBare duly appointed by the
DENR Secretary: Provided, further, That at least forty percent
(40%) of thePAMBmembersshall bewomen, pursuant toRepublic
Act No. 9710 or 'The Magna Carta of Women'.
"Amember of the PAMBmay be removed for any of the following
grounds:
"(1) More than three (3) consecutive unexcused absences from
regular meetings of the management board;
"(2) Commission of acts prejudicial to the management of
protected areas as embodied in Section 20 hereof and/or other
existing rules and regulations governing protected areas;
"(3) Disassociation from the office or organization being
represented;
"(4) Termination of relationship with the office or organization
being represented; or
"(5) Conviction by final judgment of any criminal act."

Section 10. Insert two(2) newsectionsafter Section 11 of Republic

Act No 7586 to read as follows:
"Sec. 11-A. Powers and Functions of the PAMB. - The PAMB shall
have the following powers and functions:
"(a) Oversee the management of the protected area;
"(b) Approvepolicies, plansandprograms, proposals, agreements,
and other related documents for the management of the
protected areas;
"(c) Approve the management plan of the protected area and
ensure its harmonization and integration with the ADSDPP, land
use plan and other development plan public or private, and its
implementation;
"(d) Adopt a manual of operations to include rules of procedures
in the conduct of business, and the creation of committees and
their respective terms of reference;
"(e) Recommend the deputation of appropriate agencies and
individualsfor the enforcement of the laws, rulesand regulations
governing the management of protected area;
"(f) Allocate financial resources for the implementation of the
management plan and manage the Protected Area Retention
Income Account and and other funds in accordance with the
accounting and budgeting rules and regulations;
"(g) Set fees and charges in accordance with the existing
guidelines;
"(h) Issue rules and regulations for the resolution of conflicts
through appropriate and effective means;
"(i) Recommend appropriate policy changestotheDENRand other
governing authorities;
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
"(j) Monitor and assess the performance of the protected area
personnel and compliance of partners with the terms and
conditions of any undertaking, contract or agreement;
"(k) Recommend from among a shortlist of qualified candidates,
the designation or appointment of the PASU; and
"(l) Assess the effectiveness of the management of the protected
area: Provided, That the members of the management board
representing the LGUs and national agencies in the PAMB shall
informtheir respective constituents, offices or sectors, of PAMB-
approved or other relevant policies, rules, regulations, programs,
and projects and shall ensure that the provisions of this Act and
its implementing rules and regulations are complied with, and
used as reference and framework in their respective plans,
policies, programs, and projects. Failure to comply with the
foregoing shall be the basis for disciplinary action against such
member according to administrative rules and regulations and
such penalties as the PAMB may provide: Provided, further, That
The DENR, through the Regional Director, shall ensure that the
PAMBactswithin the scope of itspowersand functions. In case of
conflict between the resolutions issued by the PAMB and the
existing administrative orders of national application, the latter
shall prevail."
"Sec. 11-B. TheProtected Area Management Office(PAMO). - There
is hereby established a Protected Area Management Office
(PAMO) to be headed by a Protected Area Superintendent (PASU)
with a permanent plantilla position who shall supervise the day
management, protection and administration of the protected
area. Asufficient numberof support staff withpermanent plantilla
position shall be appointed by the DENRto assist the PASUin the
management of the protected area.
"The PASU shall be primarily accountable to the PAMB and the
DENR for the management and operations of the protected area.
Pursuant thereto, the PASU shall have the following duties and
responsibilities:
"(a) Prepare the management plan, in consultation with the
stakeholders, including the annual work and financial plans and
ensure its implementation;
"(b) Ensure the integration of the protected area management
plans, programs, projects, and policieswith relevant national and
LGUs' plans and programs;
"(c) Provide secretariat services to the PAMBand its committees
and ensure the availability of relevant and timely information for
decision-making;
"(d) Formulate and recommend to the PAMB proposed policies,
rules, regulations, and programs;
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
"(e) Establish, operate, and maintain a database management
systemwhich shall be an important basis for decision-making;
"(f) Enforce the laws, rules and regulations relevant to the
protected area. Commence and institute administrative and legal
actions in collaboration with other government agencies or
organizations, andassist intheprosecutionof offensescommitted
in violation of this Act;
"(g) Monitor, evaluate, and report the implementation of
management activities of protected area;
"(h) Request for and receive any technical assistance support or
advice fromany agency or instrumentality of the government as
well as academic institutions, NGOs, and the private sector, as
may be necessary for the effective management, protection and
administration of the protected area;
"(i) Issuepermitsand clearancesfor activitiesthat implement the
management plan and other permitted activities in accordance
with terms, conditions, and criteria established by the
PAMS: Provided, That all permits for extraction activities,
including collection for research purposes, shall also continue to
be issued by relevant authorities, subject to prior clearance from
the PAMB, through the PASU, in accordance with the specific acts
to be covered;
"(j) Collect and/or receive pertinent fees, charges, donations, and
other income for the protected area: Provided, That such fees,
charges, donations, and other incomecollected /received shall be
reported regularly to the PAMBand the DENRin accordance with
existing guidelines;
"(k) Prepare and recommend to the management plan; and
"(l) Performsuch other functions as the PAMBand the DENRmay
assign.
"ThePAMOmay beaugmented by thedeputizedlocal environment
and natural resources officers upon the recommendation of the
PAMBand approval of the DENR."

Section 12. Environmental Impact Assessment. – Proposals for Section 11. Section 12 of Republic Act No. 7586 is hereby amended
activities which are outside the scope of the management plan to read as follows:
for protected areas shall be subject to an environmental impact "Sec. 12. Environmental Impact Assessment (EIA). Consideringthat
assessment as required by lawbefore they are adopted, and the protectedareasareenvironmentally critical areas, theproponent
results thereof shall be taken into consideration in the decision- of development projectsand activitieswith potentially significant
making process. adverse impacts as determined by the Environmental
No actual implementation of such activities shall be allowed Management Bureaus (EMB), whether or not these projects or
without the required Environmental Compliance Certificate (ECC) activities are included in the management plan, shall secure an
under the Philippine Environmental Impact Assessment (EIA) Environmental Compliance Certificate (ECC) in accordance with
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
system. In instances where such activities are allowed to be the Philippine Environment Impact Statement (EIS)
undertaken, the proponent shall plan and carry themout in such System: Provided, That for development projects and activities
manner aswill minimize any adverse effectsand take preventive that are not environmentally critical, an initial environmental
and remedial action when appropriate. The proponent shall be examination (IEE) shall be undertaken instead of a full-blown EIA.
liable for any damage due to lack of caution or indiscretion. Noproject or activity may beundertakenby any project proponent
without prior clearance from the PAMB. The DENR shall require
the submission of the PAMB clearance, among others, before
issuing an ECCto a project proponent.
"No actual implementation of such activities shall be allowed
without the required ECC under the Philippine EIA System.
Violationsof environmental laws, rulesand regulations, including
those under the EIASystem, shall be penalized accordingly.

Section 13. Ancestral Lands and Rights Over Them. – Ancestral Section 12. Section 13 of Republic Act No. 7586 is hereby amended
landsandcustomary rightsandinterest arisingshall beaccorded to read as follows:
due recognition. The DENR shall prescribe rules and regulations "Sec. 13. Ancestral Domains and Customary Rights. - ancestral
to govern ancestral lands within protected areas: Provided, that domains and customary rightsshall be accorded due recognition.
the DENR shall have so power to evict indigenous communities "As part of heritage preservation and pursuant to the need to
fromtheir present occupancy nor resettle themto another area conserve biologically significant areas, the territories and areas
without their consent: Provided, however, That all rules and occupied and conserved for and by IPs and communities shall be
regulations, whether adversely affectingsaidcommunitiesor not, recognized, respected, developed, and promoted.
shall be subjected to notice and hearing to be participated in by "The ICCs and IPs concerned shall have the responsibility to
members of concerned indigenous community. govern, maintain, develop, protect, and conserve such areas, in
accordance with their indigenous knowledge systems and
practices and customary law, with full and effective assistance
fromthe NCIP, DENRand other concerned government agencies.
"Amechanismfor coordinationandcomplementationbetweenthe
indigenous traditional leadership and governance structures and
the NCIP, DENR, government agencies, concerned LGUs and civil
society organizations shall be created."

Section 14. Survey for Energy Resources. – Consistent with the Section 13. Section 14 of Republic Act. No. 7586 ishereby amended
policies declared in Section 2 hereof, protected areas, except as follows:
strict nature reserves and natural parks, may be subjected to "Sec. 14. Energy Resources. - Consistent with the policies
exploration only for the purpose of gathering information on declared in Section 2 hereof, theexploration for energy resources
energy resources and only if such activity is carried out with the may be allowed in protected areas only for the purpose of
least damage to surrounding areas. Surveys shall be conducted gathering data and information and only if such activity iscarried
only in accordancewith a programapproved by theDENR, and the out with the least damage to surrounding areas.
result of such surveys shall be made available to the public and "Surveys for nonrenewable energy projects shall be conducted
submitted to the President for recommendation to Congress. Any only in accordancewith a programapproved by theDENR, and the
exploitation and utilization of energy resources found within result of such surveys shall be made available to the public and
NIPAS areas shall be allowed only through a law passed by submitted to the President who shall make the appropriate
Congress. recommendations toCongress. The development and operation of
nonrenewable energy projects are prohibited in areas
categorized as strict nature reserves and natural parks.
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
"Renewable energy projects may be allowed within the protected
area by the PAMB with the concurrence of the DENR
Secretary: Provided, That renewable energy projects, which shall
be located outside the strict protection zones, shall undergo the
EIA as provided by law, and shall adopt reduces impact
technologies so as not to be detrimental to ecosystemfunctions,
biodiversity, cultural practices and traditions: Provided, That
sufficient bond shall be remitted by the proponent to the DENR.
The amount of which will be based on damage estimation upon
decommissioning and projected cost of rehabilitation. It shall be
released to the depositor upon the satisfactory decommissioning
of all equipment, structures and improvements and the
rehabilitation of the site according to the zones and objectives of
the management plan as attested to the PAMB."

Section 15. Areas Under the Management of Other Departments Section 14. Section 15 of Republic Act No. 7586 is hereby amended
and Government Instrumentalities. – Should there be protected to read as follows:
areas, or portions thereof, under the jurisdiction of government "Sec. 15. Areas Under the Management of Other Departments and
instrumentalities other than the DENR, such jurisdiction shall, Government Instrumentalities. - Should there be protected areas,
prior to the passage of this Act, remain in the said department or or portions thereof, under the jurisdiction of government
government instrumentality; Provided, That the department or instrumentalities other than the DENR, such jurisdiction shall
government instrumentality exercising administrative remain in the said department or government
jurisdiction over said protected area or a portion thereof shall instrumentality: Provided, That theDENRshall retain itsoversight
coordinate with the DENR in the preparation of its management function over such protected areas, and the concerned agency
plans, upon the effectivity of this Act. shall provide annual reports on the management of said areas
focusing on the conservation of the biodiversity therein."

Section 16. Integrated Protected Areas Fund. – There is hereby Section 15. Section 16 of Republic Act No. 7586, as amended by
established a trust fund to be known as Integrated Protected Republic Act. No. 10629, is hereby further amended to read as
Areas (IPAS) Fund for purposes of financing projects of the follows:
System. The IPASmay solicit and receive donations, endowments, "Sec. 16. Integrated Protected Area Fund (IPAF). - There is hereby
and grants in the form of contributions, and such endowment established a trust fund tobeknown asIntegrated Protected Area
shall be exempted fromincome or gift taxes and all other taxes, Fund (IPAF) for purpose of financing the projects and sustaining
charges or fees imposed by the Government or any political the operation of protected areas and the System. Income
subdivision or instrumentality thereof. generated fromthe operation and management of protected area
All incomes generated from the operation of the System or shall accrue to the IPAF. The income shall be derived from fees
management of wild flora and fauna shall accrue tothe Fund and and charges fromthe use of resources and facilities of protected
may be utilized directly by the DENRfor the above purpose. These areas; contributions from industries and facilities directly
incomes shall be derived from: benefiting from the protected area; and such other fees and
a. Taxes from the permitted sale and export of flora and fauna income derived fromthe operation of the protected area.
and other resources fromprotected areas; "ThePAMBshall retain seventy-fivepercent (75%) of all revenues
b. Proceeds fromlease of multiple use areas; raised through the above means, which shall be deposited in the
c. Contributions fromindustries and facilities directly benefiting Protected Area-Retained Income Account (PA-RIA) in any
fromthe protected area; and authorized government depository bank within the
locality: Provided, That disbursement out of suchdepositsshall be
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
d. Such other fees and incomes derived fromthe operation of the used solely for the protection, maintenance, administration, and
protected area. Disbursements from the Funds shall be made management of the protected area and implementation of duly
solely for the protection, maintenance, administration, and approved projects of the PAMB.
management of the System, and duly approved projectsendorsed "Grants, donations, and endowments from various sources,
by the PAMBs, in the amounts authorized by the DENR. domestic or foreign, shall be deposited in full in a special account
in the National Treasury to be used for the purpose specified in
the deeds and instruments covering them.
"Voluntary or legislated payments for ecosystem goods and
services, including fines, penalties, and compensation for
damages from protected area offenses shall accrue fully to the
PA-RIAand shall be managed by the PAMB.
"The remaining twenty-five percent (25%) of revenues shall be
deposited asa special account in theGeneral Fund in the National
Treasury for purposes of financing the projects of the System.
"The use of the IPAF shall be in accordance with existing
accounting, budgeting, and auditing rules and
regulations: Provided, further, That the IPAF shall not be used to
cover personal services expenditures.
The DENR shall submit to the Department of Budget and
Management (DBM) andtheDepartment of Finance(DOF) quarterly
reports on the financial and physical accomplishments on the
utilization of the IPAFand other documentsasmay be required by
the DBM, and shall furnish a copy of the same to the House
Committee on Appropriations and the Senate Committee on
Finance."

Section 19. Special Prosecutors. – TheDepartment of Justice shall Section 17. Section 19 of Republic Act No. 7586 is hereby amended
designate special prosecutors to prosecute violations of laws, to read as follows:
rules and regulations in protected areas. "Sec. 19. Special ProsecutorsandRetainedCounsel. - Withinthirty
(30) daysfromtheeffectivity of thisAct, theDepartment of Justice
(DOJ) shall appoint special prosecutors to prosecute violations of
laws, rules and regulations in protected areas. The special
prosecutors shall coordinate with the PAMBand the PASUin the
performance of duties and assist in the training of wardens and
rangers in arrest and criminal procedures. The PAMBmay retain
the services of counsel to prosecution of cases under the direct
control and supervision of the regular or special prosecutor. Said
counsel shall also represent and defend the members of the
PAMB, PASU
and the staff, or any DENR-deputized individual and volunteer,
against any legal action arising from the performance of their
powers, functions and responsibilities as provided in this Act."
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
Section 20. Prohibited Acts. – Except as may be allowed by the Section 18. Section 20 of Republic Act No. 7586 ishereby amended
nature of their categories and pursuant to rules and regulations to read as follows:
governing the same, the following acts are prohibited within "Sec. 20. Prohibited Acts. - Except as may be allowed by the
protected areas: nature of their categories and pursuant to rules and regulations
a. Hunting, destroying, disturbing, or mere possession of any governing the same, the following acts are prohibited within
plantsor animalsor productsderived therefromwithout a permit protected areas:
fromthe Management Board; "(a) Poaching, killing, destroying, disturbing of any wildlife
b. Dumping of any waste products detrimental to the protected including in private lands within the protected area;
area, or to the plants and animals or inhabitants therein; "(b) Hunting, taking, collecting, or possessing of any wildlife, or
c. Use of any motorized equipment without a permit from the by-products derived therefrom, including in private lands within
Management Board; theprotected area without the necessary permit, authorization or
d. Mutilating, defacing or destroying objects of natural beauty, or exemption: Provided, That thePASUasauthorizationor exemption
objects of interest to cultural communities (of scenic value); only for culling, scientific research , the exemptions provided
e. Damaging and leaving roads and trails in a damaged condition; under Section 27(a) of Republic Act No. 9147 (Wildlife Resources,
f. Squatting, mineral locating, or otherwise occupying any land; Conservation and Protection Act) or harvests of nonprotected
g. Constructing or maintaining any kind of structure, fence or species in multiple-use zones by tenured migrants and IPs;
enclosures, conducting any business enterprise without a permit; "(c) Cutting, gathering, removing or collecting timber within the
h. Leaving in exposed or unsanitary conditionsrefuseor debris, or protected area including provate lands therein, without the
depositing in ground or in bodies of water; and necessary permit, authorization, certification of planted trees or
i. Altering, removing destroying or defacing boundary marks or exemption such acts are done in accordance with the duly
signs. recognized practices of the IPs/ICCs for subsistence puposes;
"(d) Possessing or transporting outside the protected area any
timber, forest products, wildlife, or by-products derived
therefrom which are ascertained to have been taken from the
protected area other that exotic species, the culling of which has
been authorized under an appropriate permit;
"(e) Using any fishing or harvesting gear and practices or any of
their variations that destroys coral reefs, seagrass beds or other
marine life and their associated habitats or terrestrial habitat as
may be determined by the DA or the DENR; Provided, That mere
possession of such gears within the protected areas shall
be prima facie evidence of their use;
"(f) Dumping, throwing, using, or causing to be dumped into or
places in the protected area of any toxic chemical, noxious or
poisonous substance or nonbiodegradable material, untreated
sewage or animal waste or products whether in liquid, solid or
gas state, including pesticides and other hazardous substances
as defined under Republic Act No. 6969, otherwise known as the
"Toxic Substances and Hazardous and Nuclear Waste Control Act
of 1990' detrimental to the protected area, or to the plants and
animals or inhabitants therein;
"(g) Operating any motorized conveyance within the protected
area without permit fromthe PAMB, except when the use of such
motorized conveyance is the only practical means of
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
transportation of IPs/ICCs in accessing their ancestral
domain/land;
"(h) Altering, removing, destroying or defacing boundary marksor
signs;
"(i) Engaging in 'kaingin' or, any manner, causing forest fires
inside the protected area;
"(j) Mutilating, defacing, destroying, excavating, vandalizing or, in
any manner damaging any natural formation, religious, spiritual,
historical sites, artifacts and other objects of natural beauty,
scenic value or objects of interest to IPs/ICCs;
"(k) Damaging and leaving roads and trails in damaged condition;
"(l) Littering or depositing refuse or debris on the ground or in
bodies of water;
"(m) Possessing or using blasting caps or explosives anywhere
within the protected area;
"(n) Occupying or dwelling in any public land within the protected
area without clearance fromthe PAMB;
"(o) Constructing, erecting, or maintaining any kind of structure,
fenceor enclosure, conductingany businessenterprisewithinthe
protected area without prior clearancefromthePAMBand permit
fromthe DENR, or conducting these activities in a manner that is
inconsistent with the management plan duly approved by the
PAMB;
"(p) Undertaking mineral exploration or extraction within the
protected area;
"(q) Engaging in commercial or large-scale qaurrying within the
protected area;
"(r) Establishing or introducing exotic species, including GMOs or
invasive alien species within the protected area;
"(s) Conducting bioprospecting within the protected area without
prior PAMB clearance in accordance with existing
guidelines: Provided, That in addition to the penalty provided
herein, any commercial use of any substance derived from
nonpermitted bioprospecting within a protected area will not be
allowed and all revenue earned from illegal commercialization
thereof shall be forfeited and deposited as part of the I{AF;
"(t) Prospecting, hunting or otherwise locating hidden treasure
within the protected area;
"(u) Purchasing or selling, mortgaging or leasing lands or other
portions of the protected area which are covered by any tenurial
instrument; and
"(v) Constructing any permanent structure within the forty (40)-
meter easement fromthe high water mark of any natural body of
water or issuingapermit for suchconstructionpursuant toArticle
51 of Presidential Decree No. 1067: Provided, That construction for
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
common usage wharves and shoreline protection shall be
permitted by the PAMBonly after thorough EIA."

Section 21. Penalties. – Whoever violatesthisAct or any rulesand Section 19. Section 21 of Republic Act No. 7586 is hereby amended
regulations issued by the Department pursuant to this Act or to read as follows:
whoever is found guilty by a competent court of justice of any of "Sec. 21. Penalties. - Violation under this Act shall be subject to
the offenses in the preceding section shall be fined in the amount the following penalties:
of not less than Five thousand pesos (P5,000) nor more than Five "(a) Afineof not lessthanTwohundredthousandpesos(P200,000)
hundred thousand pesos (P500,000), exclusive of the value of the but not morethan Onemillionpesos(P1,000,000) or imprisonment
thing damaged or imprisonment for not less than one (1) year but from one (1) year but not more than six years, or both, plus
not more than six (6) years, or both, as determined by the court: damages of triple the value of the said resources, or both, shall
Provided, that, if thearea requiresrehabilitation or restoration as be imposed upon any person who violates paragraphs (a) to(e) of
determined by the court, the offender shall be required torestore Section 20 herein;
or compensate for the restoration to the damages: Provided, "(b) Afine of not less than Two hundred thousand pesos (200,000)
further, that court shall order the eviction of the offender from but not morethan Onemillionpesos(P1,000,000) or imprisonment
the land and the forfeiture in favor of the Government of all from one (1) year but not more than six years, or both, shall be
minerals, timber or any species collected or removed including imposed upon any person who violates paragraphs (f) to (p) of
all equipment, devicesandfirearmsusedinconnectiontherewith, Section 20 herein;
and any construction or improvement made thereon by the "(d) Afineof Fifty thousandpesos(P50,000) daily shall beimposed
offender. If the offender is an association or corporation, the on the owner of existing facilities within a protected area under
president or manager shall be directly responsible for the act of Section 24 of this Act, if the existence of the same and its future
his employees and laborers: Provided, finally, that the DENRmay plans and operations will be detrimental to the protected area.
impose administrative fines and penalties consistent with this For every continuing violation, or if the violation continues to be
Act. committed for thirty (30) days and upon reaching a total fine of
Five hundred thousand pesos (P500,000), the PAMB through the
PASU and other deputized government entities, shall cause the
cessation of operation and either forfeit in favor of the PAMO or
demolish the facility at the cost of its owner. If the facility is
government-owned, the agency in change shall submit a plan for
a substitute facility that complies with the protected area
standards and, within one (1) year, execute the approved
protected area management plan;
"(e) Administrative fines of not less that Fifty thousand pesos
(P50,000), but not exceeding Fivemillionpesos(P5,000,000), shall
be imposed by the DENR Secretary for the violation of any rule,
regulation, or provision of any agreement reached with the
PAMB: Provided, That if anarea whichhassustaineddamagefrom
any activity conducted therein requires rehabilitation or
restoration as determined by the court, the offender shall be
required to restore of pay compensation for damage, which
payment shall accrue to the IPAF.
"On the basis of a court order, the DENR shall cause the eviction
of an offender fromthe protected area: Provided, That in cases of
emergency, the DENRSecretary may order the immediate exit or
departure the offender from the protected area. The DENR
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
Secretary may call on other enforcement agencies to assist in
executing the order to vacate.
"An emergency occurs when there is a demonstrated impending
threat to human life and biodiversity or to species found within
yje ecosystemof the protected area.1âwphi1
"All minerals, timber or species collected or removed from the
protected area, including all equipment, devices, conveyances,
and firearms used in connection therewith, shall be forfeited in
favor of the government, and any construction or improvement
made thereon by the offender shall be subject to confiscation by
the PAMO, subject to the application of due process.
"Theconveyance, vessels, equipment, paraphernalia, implements,
gears, tools, and similar devices used in the commission of the
crime shall de dealth with in accordance with Part 4, Rule 12
(Custody and Disposition of Seized Items, Equipment,
Paraphernalia, Conveyance and Instruments) of Administrative
Matter No. 09-6-8-SC (Rules of Procedures for Environmental
Cases) issuedby theSupremeCourt. However, innocaseshall any
confiscated or rescued protected animal speciesbe sold or in any
manner disposed of but shall be immediately turned over to the
PAMOfor rehabilitation and release toits natural habitat, subject
to existing regulations. Valuation of the damages shall take into
account biodiversity and conservation considerations as well as
aesthetic and scenic value. The valuation and assessment by the
DENR, in coordination with other concerned government agencies,
shall be presumed regular, unless otherwise proven by the
preponderance of evidence.
"If the offender is an association or corporation, the president or
manager, who is proven to have participated in or have actual
knowledge of any violation against the provisionsof thisAct shall
be directly liable for the act of the employees and
laborers: Provided, finally, That the DENR may impose
administrative fines and penalties consistent with this Act.
"Any person who shall induce another or conspire to commit any
of the acts prohibited in this Act, or firce their workers to commit
any of the same, shall be liable as principal.
"The penalties specified in this section shall be in addition to the
penalties provided in Republic Act No. 9072 or the National Caves
and Cave Resources Management and Protection Act', Republic
Act No. 9147 or the 'Wildlife Resources Conservation and
Protection Act', Republic Act No. 8550 or the 'Philippine Fisheries
Code of 1998' and other related laws.
"Theconviction of a public officer of thelawwhether fromtheLGU
or any national government agency for any violation of the
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
provisions of this Act shall carry the accessory penalty of
perpetual; disqualification frompublic office."

Section 20. Insert twelve (12) new sections after Section 21 of

Republic Act No. 7586 to read as follows:
"Sec. 22. Existing Rights. - All property and private rights within
the protected area and its buffer zones already existing and/or
vested upon the effectivity of this Act shall be protected and
respected in accordance with existing laws: Provided, That the
exercise of such property and private rights shall be harmonized,
as far as practicable, with the provisions of this Act.
Notwithstanding this Act, all existing rights, contracts, or
agreements entered into by government for utilization of natural
resources within protected areas shall continue to be recognized
and governed by Philippine laws.
"The renewal of permits, contracts, and agreements shall be
subject to the provisions of this Act. If the permits, contracts,
agreementsarenot renewed, such areasshall berehabilitated or
restored by the permit holders within the period provided by the
pertinent laws and shall revert to the national parks
classification. As such, all holders of permits, contracts, and
agreements are required to prepare and submit a rehabilitation
plan to the PAMB: Provided, That upon renewal, a sufficient bond
shall be remitted by the proponent to the DENRto be released to
the depository bank in the event of damage by a closure of the
establishment after satisfactory rehabilitation according to the
zones and objectives of the management plan as attested to by
the PAMB.
"Theoccupationof theLGUsandcommunitieswithintheprotected
area shall be respected. Within ninety (90) daysafter the creation
of the PAMB, the Board shall assess the physical occupation of
said LGUs and communities within protected areas and
recommend to proper authorities measures to ensure the
protection of their well-being. Municipalities and cities with
existing townships and town centers within the protected area
shall continue to occupy such townships and town
centers: Provided, That in the development of their CLUPs and
barangay development plans, due consideration shall be given to
the intended for conservation and biodiversity as well as the
obejctives for protected areas to keep human habitation and
environmental conservation in harmony."
"Sec. 23. Tenure Migrants and Other Protected Area Occupants. -
Tenure migrantsshall be eligibile tobecome stewards portionsof
lands within multiple-use zones, The PAMB shall identify, verify
and review all tenurial instruments, land claims, issuances of
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
permits for resource use within the protected area and
recommend the issuance of the appropriate tenure instrument
consistent with the zoning provided in the management plan and
the provisions of this Act.
"Should areas occupied by tenured migrants be designated as
zones in which no occupation or other activities are allowed
pursuant to the attainment of sustainable development, the
provision for the transfer of the tenure migrants to multiple-use
zones or buffer zones shall be accomplished through just and
humane means: Provided, That protected area occupantswhoare
not qualified as tenured migrants shall be resettled outside the
protected area.
"Therightsof thetenuredmigrantsmay betransferred only tothe
spouse or one of their direct descendants listed at the time of the
survey."In the event of termination of a tenurial instrument for
cause or by voluntary surrender of rights, the PASU shall take
immediate steps to rehabilitate the are.
"Following the protected area occupants survey required under
Section 5(c)(1) hereof, the DENRRegional Director shall submit to
theBMBwithintwo(2) yearsfromthepassageof thisAct, thefinal
list of tenured migrants, which shall be the basis for tenured
migrantsrecognition and issuanceof tenurial instruments. Within
the two (2)-year period, the DENR Regional Director shall submit
accomplishment report every 6 (6) months.
"The DENR through the BMB shall issue guidelines for the
determination of the reckoning period for the recognition of the
tenured migrants."
"Sec 24. Existing Facilities Within the Protected Area. Within sixty
(60) days from the effectivity of this Act, an inventory of all
existing facilities such as roads, buildings and structures, water
systems, transmission lines, communication facilities, heavy
equipment, and irrigation facilities, among others, within the
protected area shall be conducted.
"The DENR Regional Director shall submit the inventory of the
facilities with corresponding descriptions and an assessment
report containing the appropriate recommendations to the DENR
Secretary through the BMB.
"The PAMB, with the assistance of the DENR, may impose
conditions for the continuous operation of a facility found to be
detrimental to the protected area until its eventual relocation. If
the conditionsare violated, theowner of the facility shall bemade
liable pursuant to Section 21 (d) hereof.
"Existing facilities allowed to remain within the protected area
shall be charged a reasonable fee by the PAMBbased on existing
guidelines. Structures found within the forty (40)-meter
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
easement shall bedemolishedunlessprovennecessary toprotect
the shoreline and mitigate habitat destruction. The PAMB shall
levy a reasonable fee for the use of such easement for their
continued operations. Wharves shall be kept accessible to the
public.
"Sec. 24. Special Uses Within Protected Areas. - Consistent with
Section 2 hereof, special uses may be allowed within protected
area except in strict protection zones and strict nature reserves.
The PAMB mat recommend the issuance of tenurial instrument
subject to compliance to ECCand payment of corresponding user
fee equivalent to five percent (5%) of the zonal value of
commercial land within the nearest barangay or municipality
where the project is located multiplied by the area of
development plus one percent (1%) value of improvement as
premium: Provided, That the activity shall not be detrimental to
ecosystemfunctions and biodiveristy, and cultural practices and
traditions.
"Asufficient bond shall be remitted by the proponent to the DENR
to be released to the depository bank in the event of damage by
or closure of the establishment after the satisfactory
rehabilitation according to the zones and objectives of the
management plan as attested by the PAMB."
"Section 26. Local Government Units. (LGUs). - The LGUswithin the
protected area shall participate in its management through
representation in the PAMBas provided for in this ACT. Said LGUs
may appropriate portions of their share fromthe annual internal
revenue allotment and other income for use of the protected
area: Provided, That all funds directly coming fromthe LGUsshall
be exempted form twenty-five percent (25%) remittance
requirement for the IPAFunder Section 16 hereof.
The LGUs shall continue to impose and collect other fees not
enumeratedunder Section16 hereof whichthey havetraditionally
collected, such as business permits and rentals of LGU
facilities: Provided, That the LGUs shall not impose property tax
on properties owned by the government nor issue any tax
declarations for areas covered by the protected area.
Furthermore, LGUs may charge add-ons to fees imposed by the
PAMB: Provided, That such add-ons shall be based on the
contribution of the LGUs in the maintenance and protection of the
protected area.
"LGUswithterritory insideprotectedareasshall aligntheir CLUPs,
local development plans, disaster risk reduction management
plans and other required plans according to the objectives
specified herein and in the protected area management plans.
Within six (6) months from the approval of the protected area
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
management plan, the PAMBand the PASUshall collaborate with
the LGUconcerned in the formulation of the CLUPand other local
plans and in the enforcement thereof. The concerned LGUofficial
shall be held administratively and criminally liable for failure to
enforce and/or implement the provisions of this Act."
"Section 27. Reporting Responsibility. - The PASU, through the
PAMB, shall submit an annual accomplishment report of the
protected area totheSecretary of DENRthrough theBMB. Areport
on the conditions and benefits of the biological resources and
ecosystemservices of the protected area shall also be submitted
by thePASU, throughchannels, totheSecretary of theDENRevery
five (5) years. Consequently, the BMB shall likewise prepare a
National State of Protected Areas (NSPAs) report every five (5)
years and shall submit the same to the President, the senate and
the House of Representatives."

"Section 28. Appropriations. - The Secretary of the DENR shall

immediately includein theDENR'sprogramtheimplementation of
this ACT, the funding of which shall be included in the annual
General Appropriations Act."
"Section 29. Construction and Interpretation. The provisions of
this Act shall be construed liberally in favor of the protection and
rehabilitation of the protected area and the conservation and
restoration biological diversity taking into account the needs and
interests of qualified tenured migrants, vested rights, IPs and
local communities, and the benefitsfromecosystemservicesand
functions of protected areas, for present and future
generations: Provided, That nothing in this Act shall be construed
as a diminution of local autonomy or in derogation of ancestral
domain rights under the Indigenous Peoples' Rights Act of 1997."
"Section 30. Subsequent Site-Specific Legislation. - Upon the
generation of site-specific requirements for new legislation, the
PAMB, through the DENR, shall endorse to Congress for its
consideration and enactment site-specific proposals to
appropriately respond to the distinct and particular needs and
conservationrequirementsof theprotectedareasineachlocality.
Protected areas that may be later established or declared
pursuant to this Act shall likewise undergo the same
requirements of site-specific legislation."
"Section 31. Joint Congressional Oversight Committee. - To
monitor and oversee the implementation of this Act, a Joint
Congressional Oversight Committee is hereby created. It shall be
composed of the Chairpersons of the Senate Committee on
Environment and Natural Resources and the House Committee on
Natural Resources as Chairperson and Co-chairperson,
 SUSON, ANGELYN D.
NATURAL RESOURCES AND ENVIRONMENTAL LAW
respectively, five (5) members each from the Senate and the
House of Representatives as memberss: Provided, That two (2) of
the five (5) members are nominated by the respective minority
leaders of the Senate and the House of Representatives."
"Section 32. Implementing Rules and Regulations (IRR). Within six
(6) months fromthe effectivity of this Act, the DENRshall prepare
the IRRof this Act."
"Section 33. Transitory Provision. - In order to enhance biological
diversity and to develop sustainable livelihood opportunities for
tenure migrants, the DENR shall henceforth cease to issue
concessions, licenses, permits, clearances, compliance
documents or other instruments that allow utilization of
resources within the protected area until the management plan
shall have been put into effect.
"All existing land use and resource use permits issued for
purposes which are authorized within the protected area shall be
reviewed and shall not be renewed upon their expiration unless
consistent withthemanagement planandapprovedby thePAMB."