NATIONAL INTEGRATED PROTECTED

AREAS SYSTEM ACT OF 1992

(AS AMENDED BY R.A. NO. 11038)

Natural Resources and Environmental Law

Submitted to:

Atty. Claudie M. Mendoza

Submitted by:

Enriquez, Ricardo

Madlangbayan, Geraldine

Sison, Gellen

Viola, Mara Franchesca S.

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 TABLE OF CONTENTS
BACKGROUND OF NATIONAL INTEGRATED PROTECTION SYSTEM ACT ....................................................... 6
DECLARATION OF POLICY .............................................................................................................................. 9
PROTECTED AREAS....................................................................................................................................... 12
Categories Of Protected Areas ................................................................................................................ 12
1.Strict Nature Reserve ........................................................................................................................ 12
2.Natural Monument ........................................................................................................................... 12
Table 1. Natural Monument ................................................................................................................ 13
3.Natural Parks .................................................................................................................................... 13
Table 2. Natural Parks .......................................................................................................................... 13
4.Wildlife Sanctuary ............................................................................................................................. 14
Table 3. Wildlife Sanctuary .................................................................................................................. 15
5.Protected Landscape and Seascapes ................................................................................................ 15
Table 4. Protected Landscape .......................................................................................................... 16
Table 5. Protected Seascape ............................................................................................................ 17
6.Resource Reserves ............................................................................................................................ 18
Table 6. Resource Reserves ............................................................................................................. 18
7.Natural Biotic Areas .......................................................................................................................... 19
Table 7. Natural Biotic Areas ........................................................................................................... 19
8. Other categories established by law, conventions or international agreements which the
Philippine Government is a signatory .............................................................................................. 19
9. Main Consideration in the Determination of Areas for inclusion in the NIPAS .............................. 19
CASE: ............................................................................................................................................................ 20
PICOP Resources, Inc. v. Base Metals Mineral Resources ....................................................................... 20
GR No. 163509, December 6, 2006, Ponente: Justice Ting ..................................................................... 20
CASE: ............................................................................................................................................................ 21
Resident Marine Mammals of the Protected Seascape Tanon Strait vs. Angelo Reyes......................... 21
GR No. 180771, April 21, 2015, Ponente: Justice Leonen ....................................................................... 21
ESTABLISHMENT AND EXTENT OF THE SYSTEM .......................................................................................... 24
Table 2. Proposed Protected Areas in Region 2 (Cagayan Valley)........................................................... 25
Table 3. Proposed Protected Areas in Region 3 (Central Luzon) ............................................................. 25
Table 4. Proposed Protected Areas in National Capital Region (NCR) .................................................... 25
Table 5. Proposed Protected Areas in Region 4A (CALABARZON) .......................................................... 26
Table 6. Proposed Protected Areas in Region 4B (MIMAROPA) ............................................................. 26
Table 7. Proposed Protected Areas in Region 5 (Bicol Region) ............................................................... 26
Table 8. Proposed Protected Areas in Region 6 (Western Visayas) ........................................................ 26
Table 9. Proposed Protected Areas in Region 7 (Central Visayas) .......................................................... 27
Table 10. Proposed Protected Areas in Region 8 (Eastern Visayas) ........................................................ 27
Table 11. Proposed Protected Areas in Region 9 (Zamboanga Peninsula) ............................................. 28
Table 12. Proposed Protected Areas in Region 10 (Northern Mindanao) .............................................. 28

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 Table 13. Proposed Protected Areas in Region 11 (Davao Region) ......................................................... 28
Table 14. Proposed Protected Areas in Region 12 (SOCCSKSARGEN) ..................................................... 28
Table 15. Proposed Protected Areas in Region 13 (SOCCSKSARGEN) ..................................................... 29
ADMINISTRATION AND MANAGEMENT OF THE SYSTEM ........................................................................... 30
Specific Powers of the DENR Secretary ................................................................................................... 31
Protected Area Management Board ....................................................................................................... 32
Composition of the PAMB ....................................................................................................................... 33
Powers and Functions of the PAMB ........................................................................................................ 34
Grounds For Removal Of Pamb Member ................................................................................................ 36
PROTECTED AREA MANAGEMENT OFFICE .................................................................................................. 36
Duties and Responsibilities of the PASU .................................................................................................. 36
ENVIRONMENTAL IMPACT ASSESSMENT .................................................................................................... 37
ANCESTRAL DOMAINS AND CUSTOMARY RIGHTS ...................................................................................... 38
TAX EXEMPTION .......................................................................................................................................... 39
SPECIAL PROSECUTORS AND RETAINED COUNSEL ...................................................................................... 39
PROHIBITED ACTS ........................................................................................................................................ 41
PENALTIES .................................................................................................................................................... 44

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5
BACKGROUND OF NATIONAL INTEGRATED PROTECTION SYSTEM ACT

The National Integrated Protected Areas System or the NIPAS ACT of 1992 was

created to classify and administer all the designated protected areas and to maintain

essential ecological processes and life support systems, to preserve genetic diversity, to

ensure sustainable use of resources found therein, and to maintain their natural

conditions to the greatest extent possible in the Philippines.

The NIPAS Act was a product of the National Parks Law as early as 1932, which

was followed by a series of laws and decrees creating individual national parks until the

1970s. During this period, the aims of parks management were largely to remove settlers

and other unauthorized occupants from the parks, and to enhance recreation and

tourism.

The People Power Revolution of 1986 led to a surge of advocacy to the protection

of the natural resource. Non-governmental organizations (NGOs) who were instrumental

in deposing a dictator were taking up development concerns including environmental

protection, the rights of indigenous peoples and social equity. The power of this advocacy

can be seen in the strong provisions of the 1987 Constitution concerning indigenous

people’s rights, the right to a clean environment, the conservation of natural resources,

equitable access to natural resources and social justice. Thus, as soon as the new

administration took office after the ratification of the Constitution, there were moves to

recast environmental laws to give greater access to poor and marginalized segments of

the population, and to shift policy from resource exploitation to conservation.

In 1987, the DENR initiated the formulation of a conceptual framework for a

Philippine Strategy for Sustainable Development. After a long process of consultation

with various sectors and language refinement, a draft was presented to the Cabinet in

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1989 and approved through a Resolution. The underlying goal of the Strategy was to

“achieve economic growth with adequate protection of the country’s biological resources

and its diversity, vital ecosystem functions, and overall environmental quality.” One of

the key strategies was to establish an integrated protected areas system, which

emphasized the preservation of the “variety of genes, species and ecosystems”

(Philippines)

The Act also marked the beginning of radical changes in environmental legislation

in the Philippines that emerged from the peaceful People Power Revolution of 1986. As

soon as the Constitution of 1987 was ratified by the people, the President reorganized the

bureaucracy, restructuring the Department of Environment and Natural Resources

(DENR).

Hence, NIPAS Act was approved on 1 June 1992, days before the historic United

Nations Conference on Environment and Development, popularly called the ‘Earth

Summit’, in Rio de Janeiro. In 2018, the Act was amended by RA 11038, also known as E-

NIPAS. The law is intended to provide a rational way of organizing and managing the

country’s many different types of conservation areas into a system of uniformly created

and managed protected areas.

In the first 12 years, minor changes were made in the implementing rules to refine

the administrative processes of establishing and managing the system. From 2004 to 2008,

the DENR issued four major implementing rules dealing with very contentious

implementation issues:

• DENR Administrative Order No. 2004-32, Revised Guidelines on the

Establishment and Management of Community-Based Program in Protected

Areas, issued on 31 August 2004;

• DENR Administrative Order No. 2005-21, Revised Guidelines on the

Establishment and Management of Integrated Protected Areas Fund, issued on 14

October 2005;

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 • DENR Administrative Order No. 2007-17, Rules and Regulations Governing

Special Uses within Protected Areas, issued on 25 July 2007; and

• DENR Administrative Order No. 2008-17, Amending Section 10 of DENR

Administrative Order No. 25 Series of 1992 and Providing Criteria in the

Identification and Procedures in the Delineation and/ or Demarcation of

Management Zones within Protected Areas, issued on 8 September 2008.

On 24 December 2008, the DENR issued a wholesale revision of the NIPAS Act

implementing rules and regulations, consolidating and amending all previous issuances.

The Revised Implementing Rules and Regulations of the NIPAS Act (Revised IRR) lays

down the current operational rules for establishing and managing protected areas in the

Philippines. The NIPAS Act itself has not been amended directly. 1

Republic Act 11038 or the Expanded National Integrated Protected Areas System

(ENIPAS) was enacted into law on 22 June 2018, amending Republic Act No. 7586 or the

former NIPAS law. Almost a year later, on 30 May 2019, the Department of Environment

and Natural Resources (DENR) released Department Administrative Order (DAO) 2019-

05 containing the Implementing Rules and Regulations (IRR) of the ENIPAS. It has

enacted additional 94 PAs located in various parts of the country. It extends the process

of enacting parks or PAs, and expands the definition of protected areas, taking into

consideration the practices from other countries.2

1https://www.iucn.org/downloads/philippines.pdf
2 https://angoc.org/wp-content/uploads/2021/04/ENIPAS_English_Final.pdf
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DECLARATION OF POLICY

Section 2 of Republic Act No. 7586 as amended by RA 11038 states that:

“Cognizant of the profound impact of human activities on all components of

the natural environment particularly the effect of increasing population, resource

exploitation and industrial advancement, and recognizing the critical importance of

protecting and maintaining the natural, biological, and physical diversities of the

environment notably on areas with biologically unique features to sustain human life and

development, as well as plant and animal life, it is hereby declared the policy of the State

to secure for the Filipino people of present for future generations, the perpetual existence

of all native plants and animals through the establishment of a comprehensive system of

integrated protected areas within the classification of national park as provided for in the

Constitution.

It is hereby recognized that these areas, although distinct in features, possess

common ecological values that may be incorporated into a holistic plan to conserve and

protect our natural heritage; that effective administration of these areas is possible only

through cooperation among the national government, local governments, concerned

nongovernment organizations, private organizations, and local communities; that the use

and enjoyment of these protected areas much be consistent with the principles of

biological diversity and sustainable development.

To this end, there is hereby established a National Integrated Protected Areas

System (NIPAS), which shall encompass ecologically rich and unique areas and

biologically important public lands that are habitats of rare and threatened species of

plants and animals, biogeographic zones and 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 implemented by

local government units (LGUs), local communities and indigenous peoples (IPs).

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The State shall ensure the full implementation of this Act, the mobilization of resources

for the institutional mechanisms herein established, and the full scientific and technical

support needed for the conservation of biodiversity and the integrity of the ecosystems,

culture and indigenous practices. 3

The specific policies governing the establishment and management of the NIPAS are the

following:

a. The protected areas and their immediate vicinities shall be contiguous to ensure

their integrity. Police power and eminent domain may be exercised to achieve this

policy.

b. Protected areas should complement each other in terms of taxonomic

representation, species migration patterns, maintenance of essential ecological

processes and life support systems, and efficiency in conservation costs.

c. The management plan of protected areas shall be harmonized in consonance with

the principles of biological diversity and sustainable development.

d. The management of the NIPAS shall contribute to the significant reduction of

biodiversity loss. It shall consider the ability of ecosystems to adapt to the

impacts of rapid climate change, reduce disaster risks, and mitigate anthropogenic

greenhouse gas emissions.

In order to achieve the aforementioned policies of the NIPAS, the following strategies

shall be adopted:

a) In selecting areas for inclusion in the NIPAS, the conservation priority areas in

each of the identified biogeographic zones, in both aquatic and terrestrial

environments, shall be primarily considered.

b) The NIPAS should complement the designation creation or establishment of

similar conservation areas under other domestic laws, and the management

3https://www.officialgazette.gov.ph/downloads/2018/06jun/20180622-RA-11038-
RRD.pdf
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 regimes of LGUs., local communities, and indigenous cultural

communities/indigenous people (ICC/IPs). This must likewise be consistent with,

and supportive of the obligations of the Philippines under the treaties and

international laws. For this purpose, the metes and bounds of these areas may be

necessary.

c) The sustainability of the NIPAS depends on the collaboration of all stakeholders

through a functional, transparent, accountable, and participatory governance

mechanism; the judicious use of the Integrated Protected Area Fund; fair and

equitable benefit sharing mechanisms; and the development of other means for the

sustainable management of protected areas prescribed under the NIPAS Act, as

amended.4

The NIPAS Act lays the basis for the establishment of a protected area system,

emphasizing the goal of biodiversity conservation. It recognizes the impact of human

activities on the natural environment as well as the value that biodiversity provides in

sustaining human life and development. In declaring it to be “the policy of the State to

secure for the Filipino people of present and future generations the perpetual existence

of all native plants and animals”, the law internalizes the principle of inter-generational

responsibility and the importance of protecting endemic species. Areas that may be

designated under the NIPAS Act “encompass outstanding remarkable areas and

biologically important public lands that are habitats of rare and endangered species of

plants and animals, biogeographic zones and related ecosystems, whether terrestrial,

wetland or marine”.

4 https://www.officialgazette.gov.ph/downloads/2019/05may/20190530-IRR-RA-7586-RRD.pdf

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PROTECTED AREAS

Protected Areas refers to identified portions of land and/or water set aside by

reason of their unique physical and biological significance, managed to enhance

biological diversity and protected against destructive human exploitation.

Currently, there are around 240 protected areas throughout the country. Land-

based PAs cover 4.07 million hectares or 13.57 percent of the Philippines’ land area, while

marine-based PAs equal 1.38 million hectares or 0.63 percent of the country's oceans.

Legally, 120 PAs are in the early stages of proclamation, 13 sites have been proclaimed,

and 107 PAs are legislated.

Categories Of Protected Areas

The Protected Areas was established under the NIPAS Act and can be classified

into eight (8) categories:

1.Strict Nature Reserve

It refers to an area possessing some outstanding ecosystem, features, and species

of flora and fauna of national scientific importance that should be maintained to protect

and to preserve nature in its undisturbed state and to preserve nature in its undisturbed

state and to preserve ecologically representative examples of the natural environment to

ensure their availability for scientific study, environmental to ensure their availability for

scientific study, environmental monitoring, education, and for the for the maintenance of

genetic resources in a dynamic and evolutionary state.5

Permissible activities: For scientific study, environmental monitoring and education,

and the maintenance of genetic resources in a dynamic and evolutionary state; all other

activities not allowed.

2.Natural Monument
It refers to a relatively small area focused on protection of small features to protect

or preserve nationally significant natural features on account of their special interest or

5 Section 5 (a) of R.A. No. 7586 as amended by R.A. No. 11038

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unique characteristics.

Permissible activities: Recreational and commercial activities may be allowed, except for

criminal acts prohibited in all protected areas.

Table 1. Natural Monument

Protected Area Name Province Area (has)

Bessang Pass Ilocos Sur 581.05

Chocolate Hills Bohol 13994.95

Mt. Timpoong Hibok- Camiguin 2203.39

hibok

Salinas Nueva Vizcaya 5966.05

3.Natural Parks
It refers to a relatively large area not materially altered by human activity where

extractive resource uses are not allowed and is maintained to protect outstanding natural

and scenic areas of national or international significance for scientific, educational, and

recreational use.

Permissible activities: Recreational and commercial activities may be allowed, except for

criminal acts prohibited in all protected areas.

Table 2. Natural Parks

Protected Area Name Province Area (has)

Kalbario-Patapat Ilocos Norte 3903.19

Northern Sierra Madre Isabela 356969.32

Protected Area Name Province Area (has)

Apo Reef Occidental Mindoro 15799.23

Mt. Guiting-Guiting Romblon 15515.22

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 Bicol Camarines Norte, 5466.35

Camarines Sur

Bulusan Volcano Sorsogon 3641.57

Mt. Mayon Albay 5327.15

Mt. Isarog Camarines Sur 10090.89

Mt. Kanlaon Negros Occidental, Negros 23559.76

Oriental

Northern Negros Negros Occidental 70826.16

Northern Panay Antique 12009.29

Sibalom Antique 6778.44

Balinsasayao Twin Lakes Negros Oriental 8016.05

Lake Danao Leyte 2244.11

Mahagnao Volcano Leyte 340.82

Samar Island Northern Samar 335105.57

Pasonanca Zamboanga City 12102.08

Mt. Balatukan Misamis Oriental 8437.87

Mt. Inayawan Lanao Del Norte 4236.18

Mt. Kitanglad Bukidnon 47234.2

Mt. Apo Cotabato 64111.47

4.Wildlife Sanctuary
It refers to an area which assures the natural conditions necessary to protect

nationally significant species, groups of species, biotic communities or physical features

of the environment which may require specific human manipulations for the

perpetuation.

Permissible activities: Emphasizes habitat and species protection, which “may require

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specific human manipulation for the perpetuation” of protected wildlife; other

compatible activities allowed.

Table 3. Wildlife Sanctuary

Protected Area Name Province Area (has)

Agusan Marsh Agusan Del Sur 40940.96

Mt. Hamiguitan Range Davao Oriental 7137.4

Turtle Islands Tawi Tawi 242958.28

Olango Island Cebu 1382.3

Naro Island Masbate 110.01

Chico Island Masbate 7.84

Buhi Wildlife Camarines Sur 1620.71

Rasa Island Palawan 1994.84

Mt. Calavite Occidental Mindoro 18172.69

Marinduque Marinduque 9759.6

Calauit Palawan 3701.62

Unnamed National Park Laguna, Quezon, Rizal and 23.85

Bulacan

5.Protected Landscape and Seascapes

It refers to areas of national significance which are characterized by the

harmonious interaction of man and land while providing opportunities for public

enjoyment through recreation and tourism within the normal lifestyle and economic

activity of these areas.

Permissible activities: Emphasizes providing opportunities for public enjoyment

through recreation and tourism, in keeping with the normal lifestyle and economic

activity of these areas.

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Table 4. Protected Landscape
Protected Area Name Province Area (has)

Casecnan Nueva Vizcaya, Quirino, 86246.77

and Aurora

Lidlidda Banayoyo Ilocos Sur 1042.29

Manleluag Spring Pangasinan 1938.83

Salceo Ilocos Sur 196.33

Magapit Cagayan 3851.15

Peñablanca Cagayan 118653.66

Quirino Quirino 183364.76

Amro River Aurora 6431.3

Dinadiawan River Aurora 3366.54

Roosevelt Bataan 950.43

Simabahan-Talagas Aurora 2284.38

Talaytay Aurora 3598.31

Buenavista Quezon 287.24

Hinulugan Taktak Rizal 3.58

Maulawin Quezon 183.15

Pamitinan Rizal 609.15

Quezon Quezon 1042.85

Taal Volcano Batangas 62292.16

Upper Marikina Rizal 26125.64

Malampaya Palawan 201018.26

Mt. Mantalingahan Palawan 121886.57

Central Cebu Cebu 28488.57

Rajah Sikatuna Bohol 10964.64

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 Calbayog-Pan-As Hayiban Samar 5067.93

Jose Rizal Memorial Zamboanga del Norte 474.82

Protected Area Name Province Area (has)

Mount Timolan Zamboanga del Sur 2244.54

Mimbilisan Misamis Oriental 106.83

Aliwagwag Compostela Valley 10261.07

Baganga Davao Oriental 114.87

Mati Davao Oriental 884.46

Mt. Matutum South Cotabato, Sarangani 13947

Tinuy-an Falls Bislig City 4321.75

Table 5. Protected Seascape

Protected Area Name Province Area (has)

Agoo-Damortis La Union 10774.68

Malabungot Camarines Sur 147.71

Alburquerque-Loay-Loboc Bohol 1165.51

Apo Island Negros Oriental 691.4

Camotes Island Bohol 1436.98

Talibon Group of Islands Bohol 6446.31

Biri Larosa Northern Samar 32284.14

Cuatro Islas Leyte 11407.46

Guiuan Eastern Samar 66725.26

Aliguay Island Zamboanga del Norte 1188.39

Dumanquilas Zamboanga del Sur 26112.21

Great and Little Sta. Cruz Zamboanga del Sur 1827.16

Islands

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 Murcielagos Island Zamboanga del Norte 100.4

Selinog Island Zamboanga del Norte 959.41

Baliangao Misamis Occidental 315.5

Initao-Libertad Misamis Oriental 921.02

Protected Area Name Province Area (has)

Mabini Davao del Sur 7292.62

Mainit Compostela Valley 1422.63

Pujada Bay Davao Oriental 20873.43

Siargao Protected Surigao del Nort 283974.76

6.Resource Reserves

Under Sec.4 [10], Ra 7586, resource reserve refers to an extensive and relatively isolated

and uninhabited area normally with difficult access designated as such to protect natural

resources of the area for future use and prevent or contain development activities that

could affect the resource pending the establishment of objectives which are based upon

appropriate knowledge and planning.

Table 6. Resource Reserves

Protected Area Name Province Area (has)

Upper Agno River Basin Benguet Province; 78005.32

Hungduan and Kiangan,

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 Ifugao; Kayapa, Nueva

Viscaya

Siocon Zamboanga del Norte 855.59

7.Natural Biotic Areas

Under Sec.4 [7], RA 7586, natural biotic area is an area set aside to allow the way of life of

societies living in harmony with the environment to adapt to modern technology at their

pace.

Permissible activities: The way of life of communities living in harmony with the

environment is allowed, and allowed to evolve towards modernization at their own

pace.

Table 7. Natural Biotic Areas

Protected Area Name Province Area (has)

Abasig-Matogdon Camarines Norte 5918.31

Mananap

Lagonoy Camarines Sur 443.63

Basilan Basilan 4545.99

Buug Zamboanga del Sur 1261.46

8. Other categories established by law, conventions or international agreements

which the Philippine Government is a signatory
Other criteria used in determining categories not listed in the NIPAS Act x x x

may be considered in the establishment of protected areas. Provided, that such criteria

support biodiversity conservation and sustainable development (Rule 3.2, IRR).

9. Main Consideration in the Determination of Areas for inclusion in the NIPAS

The rich biodiversity of the area shall be the main consideration in the

determination of areas for inclusion in the NIPAS. These areas must have the following

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characteristics:

Irreplaceability

• Vulnerability

• Naturalness of the area

• Abundance and diversity of species of flora and fauna

• Unique or outstanding cultural, geological and aesthetic features that support

biodiversity and sustain ecological processes and functions; and

• Value of ecosystem services (Rule 5.6, IRR).

CASE:

PICOP Resources, Inc. v. Base Metals Mineral Resources

GR No. 163509, December 6, 2006, Ponente: Justice Ting
Facts:

An application for Mining Lease Contracts was filed by the Banahaw Mining with

the Bureau of Mines to extract and dispose of precious minerals found within its mining

claims. Banahaw Mining and PICOP Resources entered into a Memorandum of

Agreement because a portion of Banahaw Mining’s mining claims was located in

PICOP’s logging concession in Agusan del Sur. Petitioner PICOP allowed Banahaw

Mining a right of way to its mining claims. Banahaw Mining converted its mining claims

to applications for Mineral Production Sharing Agreements (MPSA). While the

applications for the MPSA were still pending, Banahaw Mining assigned its rights and

interest in favor of the respondent Base Metals Mineral Resources Corp. The respondent

amended the pending MPSA applications of the Banahaw Mining to substitute itself as

applicant. PICOP filed an Opposition to Base Metals applications with the Mines Geo-

Sciences Bureau. PICOP adverse claim asserts that its concession areas are closed to

mining operations because these are within the Agusan-Surigao-Davao forest reserve

established under Proclamation No. 369 of Gov. Gen. Dwight Davis. It was also alleged

that the area is part of permanent forest established under RA No. 3092, and it overlaps

20
the wilderness area where mining applications are expressly prohibited under RA 7586.

Hence, the area is closed to mining operations under Sec. 19(f) of RA 7942.

Issue: Whether or not the area covered by Base Metals’ MPSA is closed to mining

activities?

Held: No, PICOP failed to present any evidence that the area covered by the MPSA is a

protected wilderness area designated as an initial component of the NIPAS as required

by RA 7586. Assuming that the area covered by Base Metals’ MPSA is a government

reservation, defined as proclaimed reserved lands for specific purposes other than

mineral reservations, such does not necessarily preclude mining activities in the area. Sec.

15(b) of DAO 96-40 provides that government reservations may be opened for mining

applications upon prior written clearance by the government agency having jurisdiction

over such reservation. Sec. 6 of RA No. 7942 also provides that mining operations in

reserved lands other than mineral reservations may be undertaken by the DENR, subject

to certain limitations. RA No. 7942 does not disallow mining applications in all forest

reserves but only those proclaimed as watershed forest reserves. The Supreme Court held

that there is no evidence in this case that the area covered by Base Metals’ MPSA has been

proclaimed as watershed forest reserves.

CASE:

Resident Marine Mammals of the Protected Seascape Tanon Strait vs. Angelo
Reyes
GR No. 180771, April 21, 2015, Ponente: Justice Leonen

Facts: DOE and Japan Petroleum Exploration Co. Ltd. (JAPEX) entered into a

Geophysical Survey and Exploration Contract-102 for the exploration, development and

production of petroleum resources at the offshore of Tanon Strait. The EMB of DENR

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Region VII granted an ECC to the DOE and JAPEX for the offshore oil and gas exploration

project in Tañon Strait. Months later, JAPEX began to drill an exploratory well, near

Pinamungajan town in the western Cebu Province. This drilling lasted until February 8,

2008.

The Resident Marine Mammals, through the Stewards, claimed that they have the

legal standing to file this action since they stand to be benefited or injured by the

judgment in this suit. Citing Oposa v. Factoran, Jr., they also asserted their right to sue

for the faithful performance of international and municipal environmental laws created

in their favor and for their benefit. In this regard, they propounded that they have the

right to demand that they be accorded the benefits granted to them in multilateral

international instruments that the Philippine Government had signed, under the concept

of stipulation pour autrui. The Stewards contended that there should be no question of

their right to represent the Resident Marine Mammals as they have stakes in the case as

forerunners of a campaign to build awareness among the affected residents of Tañon

Strait and as stewards of the environment since the primary steward, the Government,

had failed in its duty to protect the environment pursuant to the public trust doctrine.

As regards the Stewards, the respondents also challenged their claim of legal

standing on the ground that they are representing animals, which cannot be parties to an

action. Moreover, the public respondents argued that the Stewards are not the real

parties-in-interest for their failure to show how they stand to be benefited or injured by

the decision in this case. Since the petition was not brought in the name of a real party-

in-interest, it should be dismissed for failure to state a cause of action.

Issue: Whether the service contract is violative of the 1987 Philippine Constitution?

Whether the issuance of the Environmental Compliance Certificate (ECC) in

Environmentally Critical Areas and Habitats of Marine Wildlife and Endangered Species

is legal and proper?

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Held: Yes, Service Contract No. 46 was null and void for non-compliance with the

requirement of the 1987 Constitution. It was held that in accordance to the environmental

law, every Filipino is entitled to act as a steward of nature and that consequently, the

plaintiff had the standing to sue. The court also considered that according to

Proclamation No. 2146, the Tañon Strait is an environmentally critical area and has been

declared a protected area in 1998. Consequently, no activity outside the scope of its

management plan could take place without the delivery of an Environmental Compliance

Certificate granted after undergoing an Environmental Impact Assessment to determine

the effect of such activity on the ecosystem. In that case, the oil company already started

to conduct oil exploration activities without an Environmental Impact Assessment and

before being granted and Environmental Compliance Certificate, in violation of the

NIPAS Act of 1992. Furthermore, the court held that the PD No. 87 which was used as a

legal basis for the service contract between the Government and the oil company in

charge of the oil exploration activities was ultra vires. Indeed, because the Tañon Straits

is a protected area, the contract would have required to be allowed by a law passed by

the Congress.

Therefore, the constitutional court cancelled the contract and all the permits

related to the oil exploration in the Tañon Straits.

The court further clarifies the enacted NIPAS Act which is to secure for the Filipino

people of present and future generations the perpetual existence of all native plants and

animals through the establishment of a comprehensive system of integrated protected

areas. These areas, although distinct in features, possess common ecological values that

may be incorporated into a holistic plan representative of our natural heritage. The

NIPAS encompasses outstandingly remarkable areas and biologically important public

lands that are habitats of rare and endangered species of plants and animals,

biogeographic zones, and related ecosystems, whether terrestrial, wetland or marine.

23
 It classifies and administers all the designated protected areas to maintain essential

ecological processes and life-support systems, to preserve genetic diversity, to ensure

sustainable use of resources found therein, and to maintain their natural conditions to the

greatest extent possible.

ESTABLISHMENT AND EXTENT OF THE SYSTEM

Before the enactment of the Republic Act (R.A.) No. 7586 or the “National Integrated

Protected Areas System Act of 1992” (NIPAS Act), there are already areas or islands in the

Philippines that were proclaimed, designated, or set aside by earlier laws as national park,

game refuge, bird and wildlife sanctuary, wilderness area, strict nature reserve,

watershed, mangrove reserve, fish sanctuary, natural and historical landmark, protected

and managed landscape/seascape, and growth forests. Section 5 (a) of the NIPAS Act, as

amended by R.A. No. 11038 or the “Expanded National Integrated Protected Areas

System Act of 2018” (ENIPAS Act), designated these areas as initial components of the

System, which are governed by existing laws that are not inconsistent with the NIPAS

Act.6

Aside from the areas already declared as protected areas through acts of Congress,

the ENIPAS Act also established ninety-four (94) protected areas within the classification

of national park pursuant to the Philippine Constitution6, which are listed, according to

region, in the following tables:

Table 1. Proposed Protected Areas in Region 1 (Ilocos Region)

6 Section 5 (a) of R.A. No. 7586 as amended by R.A. No. 11038

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Table 2. Proposed Protected Areas in Region 2 (Cagayan Valley)

Table 3. Proposed Protected Areas in Region 3 (Central Luzon)

Table 4. Proposed Protected Areas in National Capital Region (NCR)

25
Table 5. Proposed Protected Areas in Region 4A (CALABARZON)

Table 6. Proposed Protected Areas in Region 4B (MIMAROPA)

Table 7. Proposed Protected Areas in Region 5 (Bicol Region)

Table 8. Proposed Protected Areas in Region 6 (Western Visayas)

26
Table 9. Proposed Protected Areas in Region 7 (Central Visayas)

Table 10. Proposed Protected Areas in Region 8 (Eastern Visayas)

27
Table 11. Proposed Protected Areas in Region 9 (Zamboanga Peninsula)

Table 12. Proposed Protected Areas in Region 10 (Northern Mindanao)

Table 13. Proposed Protected Areas in Region 11 (Davao Region)

Table 14. Proposed Protected Areas in Region 12 (SOCCSKSARGEN)

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Table 15. Proposed Protected Areas in Region 13 (SOCCSKSARGEN)

In connection with the protected areas established by the ENIPAS Act, the

Department of Environment and Natural Resources (DENR) shall make all records

pertaining to said protected areas public. These records include maps and technical

descriptions or natural boundaries, copies of rules and regulations governing them,

copies of public notices, and reports submitted to Congress regarding pending additions,

eliminations, or modifications.7 Rule 5.3 of the Implementing Rules and Regulations of

R.A. No. 7586, as amended by R.A. 11038, further required that the maps and technical

descriptions of proposed protected areas be certified by the National Mapping and

Resource Information Authority (NAMRIA).8

The DENR, through its Regional Offices9, shall also conduct a suitability

assessment for each proposed protected area. The DENR Regional Offices will assess the

proposed protected areas to determine whether said areas are suitable for inclusion in

the NIPAS based on the categories established in Section 3 of the Act. 10 The DENR

Regional Offices shall also determine the proposed protected areas’ suitability for

establishment or disestablishment as a protected area, modification of its boundaries, or

the inclusion of additional areas in the NIPAS,11 pursuant to Section 6 of the Act12. If a

proposed protected area is suitable for retention or inclusion in the NIPAS, the DENR

Regional Office shall submit a report to the president.13 In addition, public consultation

with the stakeholders of each protected area shall be conducted by the DENR.14

In determining whether a proposed protected area is suitable for inclusion in the

NIPAS, the rich biodiversity of the area shall be the main consideration. Said are must
29
have irreplaceability, vulnerability, naturalness of the area, abundance and diversity of

species of flora and fauna, unique or outstanding cultural, geological, and aesthetics

features that support biodiversity and sustain ecological processes and functions, and

value of ecosystem services.15

With all the responsibilities provided for by law, the DENR has the authority to

regulate activities in the protected areas. Such power is classified as prescriptive regulation

or command and control. This regulatory tool in environmental law premises on the

assumption that regulators know best and have the most accurate information. Therefore,

they have the authority to direct the behavior of regulated parties. 16

Furthermore, buffer zones may be designated by the DENR Secretary, upon the

recommendation of the PAMB, for the purpose of providing an extra layer of protection

where restrictions may be applied. Provided, that where the buffer zone would cover private

lands, the owners thereof shall be required to design their development with due

consideration to the protected area management plan

ADMINISTRATION AND MANAGEMENT OF THE SYSTEM

Section 10 of the NIPAS Act, as amended by R.A. 11038, vested the control and

administration of the NIPAS to the DENR through the Biodiversity Management Bureau

(BMB).17 In relation to this, the DENR Regional Executive Directors may deputize field

officers and other technical personnel for protection, conservation, intelligence-

gathering, law enforcement, and other related tasks proposed for inclusion as part of the System.

Such areas shall undergo the same procedure as the remaining initial components for legislative enactment.

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Specific Powers of the DENR Secretary
Section 10 of the NIPAS Act, as amended by R.A. 11038, also listed the powers of

the DENR Secretary. Two of which are Sec. 10 (b) and (e), to wit:

(b) Set standards, procedures, and protocols for the establishment and

management of protected areas and the System, such as, but not limited to conduct

of study, zoning, review of plans and project proposals, specifications and types

of buildings and other structures, and installation of uniform markers and

symbols; xxx

(e) Impose administrative fines and penalties.

The foregoing provisions show the regulatory tools in environmental law that NIPAS

used. In addition to the prescriptive regulation mentioned in the earlier part of this paper,

the NIPAS Act, as amended by R.A. No. 11038, also uses penalties as a regulatory tool.

Penalties can also be called internalizing externalities. This regulatory tool premises on the

assumption that when actual costs to the environment are passed on to individuals who

destroy it, said individuals will avoid destroying the environment. 19

The following provisions20 enumerate the other powers of the DENR Secretary:

(a) Issue a system-wide set of rules and regulations to implement the provision of

this Act;

(c)Deputize field officers and other technical and support personnel;

(d)Determine a system-wide set of fees and charges to ensure sustainable

financing of protected areas and the System;

Xxx

(f)Report on the status of the Integrated Protected Area Fund (IPAF), its collection

of fees, and disbursements from the IPAF;

(g)Designate the appropriate Chairperson of each PAMB;

(h)Enter into contracts and/or agreements with private entities or public agencies

as may be necessary to carry out the objectives of the System;

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 (i)Accept in the name of the Philippine Government and in behalf of NIPAS funds,

gifts or bequest of money for immediate disbursements or other property in the

interest of the NIPAS, its activities or its services;

(j)Call on any agency or instrumentality of the Government as well as academic

institutions, NGOs and the private sector as may be necessary to accomplish the

objectives and activities of the System;

(k)Submit an annual report to the President of the Republic of the Philippines and

to Congress on the status of protected areas in the country;

(l)Oversee and set guidelines in the construction, operations and maintenance of

roads, trails, waterworks, sewerage systems, fire protection, sanitation systems

and other public utilities within the protected area;

(m)Within the limits allowed by existing laws, rules and regulations ensure that

settlement areas inside the protected area shall not be expanded and that coverage

shall only be limited to the original area/s occupied by tenured migrants and

indigenous communities; and

(n)Perform such other functions as may be directed by the President of the

Republic of the Philippines, and to do such acts as may be necessary to the

accomplishment of the purposes and objectives of the System."

Protected Area Management Board

Within three (3) months after the effectivity of Expanded National Integrated

Protected Areas System Act of 2018, PAMB’s were created for each of the protected areas

designated as initial component, established by presidential proclamation, and declared

by law.

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Composition of the PAMB

The Board shall be composed of the following:

➢ DENR Regional Director under whose jurisdiction the protected area is located, as

Chairperson;

➢ Governor/s of the province/s where the protected area is located or their duly designated

representative/s;

➢ A Senator of the Republic of the Philippines who is a duly registered resident of the city or

province where the protected area is located or a duly authorized representative, unless the

Senator declines membership in the PAMB;

➢ District Representative/s of the Congressional district/s where the protected area is located

or their duly designated representatives, unless the District Representative declines

membership in the PAMB;

➢ Mayor/s of the city/cities or municipality/municipalities where the protected area is located

or their duly designated representative/s;

➢ Chairperson/s of the barangay/s where the protected area is located;

➢ Regional Directors of the following government agencies, namely: the Department of

Agriculture (DA), the National Economic and Development Authority (NEDA), the

Department of Science and Technology (DOST), the Philippine National Police (PNP),

and the Department of National Defense (DND); (h) Three (3) representatives from either

an NGO or PO, duly accredited both by the DENR and the provincial government. The

NGO or PO represented should have been in existence for at least five (5) years and with

track record in or related to protected area management;

➢ At least one (1) but not more than three (3) representatives from all the IPs/ICCs present

in the area and recognized by the National Commission on Indigenous Peoples (NCIP);

➢ One (1) representative from an academic institution, preferably from a university or college

in the province where the protected area is located, with proven track record in or related

is located, with proven track record in or related to the protected area management; and

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 ➢ 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 this section shall be appointed by the DENR Secretary after the conduct of a

transparent and fair selection process. They shall each serve a term of three (3) years and

may be reappointed for another term.21

Powers and Functions of the PAMB

Expanded National Integrated Protected Areas System Act of 2018 Sec. 11-A provides

the following powers and functions of PAMB:

(a) Oversee the management of the protected area;

(b) Approve policies, plans and programs, 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 individuals for the

enforcement of the laws, rules and regulations governing the management of

protected area;

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(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 changes to the DENR and other governing

authorities;

(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 inform their 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 PAMB acts within the scope of its powers and functions. In case of

conflict between the resolutions issued by the PAMB and the existing

administrative orders of national application, the latter shall prevail.”

35
Grounds For Removal Of PAMB Member
i) More than three (3) consecutive unexcused absences from regular meetings of the

management board

ii) 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;

iii) Disassociation from the office or organization being represented;

iv) Termination of relationship with the office or organization being represented; or

v) Conviction by final judgement of any criminal act.

PROTECTED AREA MANAGEMENT OFFICE

The Protected Area Management Office (PAMO) is headed by a Protected Area

Superintendent (PASU) who supervises the day management, protection and

administration of the protected area. A sufficient number of support staff is appointed by

the DENR to assist the PASU in the management of the protected area.

Duties and Responsibilities of the PASU

The PASU is 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:

• Prepare the management plan, in consultation with the stakeholders, including

the annual work and financial plans and ensure its implementation;

• Ensure the integration of the protected area management plans, programs,

projects, and policies with relevant national and LGUs' plans and programs;

• Provide secretariat services to the PAMB and its committees and ensure the

availability of relevant and timely information for decision-making;

36
 • Formulate and recommend to the PAMB proposed policies, rules, regulations, and

programs;

• Establish, operate, and maintain a database management system which shall be an

important basis for decision-making

• 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, and assist in the prosecution of offenses

committed in violation of this Act;

• Monitor, evaluate, and report the implementation of management activities of

protected area;

ENVIRONMENTAL IMPACT ASSESSMENT

R.A. 11038 Amended Section 12 of R.A.7586 also known as NIPAS Act, in it’s

Section 11 it was provided that Considering that protected areas are environmentally

critical areas, the proponent of development projects and activities with potentially

significant adverse impacts as determined by the Environmental Management Bureaus

(EMB), whether or not these projects or activities are included in the management plan,

shall secure an Environmental Compliance Certificate (ECC) in accordance with the

Philippine Environment Impact Statement (EIS) System: Provided, That for development

projects and activities that are not environmentally critical, an initial environmental examination

(IEE) shall be undertaken instead of a full-blown EIA. No project or activity may be

undertaken by any project proponent without prior clearance from the PAMB. The DENR

shall require the submission of the PAMB clearance, among others, before issuing an ECC

to a project proponent.

It was also provided in Section 12 (2) that "No actual implementation of such

activities shall be allowed without the required ECC under the Philippine EIA System.

37
Violations of environmental laws, rules and regulations, including those under the EIA

System, shall be penalized accordingly.

In short, instead of a Full-blown EIS System, a project or activity which is not

classified as environmentally critical will be subjected to an Initial Environmental

Examination. And such a project or activity must procure a clearance from the PAMB

before an ECC can be issued.

ANCESTRAL DOMAINS AND CUSTOMARY RIGHTS

Section 12 of NIPAS as amended by R.A. 11038 provides that “ancestral domains and

customary rights shall be accorded due recognition.” And as part of heritage preservation

and pursuant to the need to conserve biologically significant areas, the territories and

areas occupied and conserved for and by IPs and communities shall be recognized,

respected, developed, and promoted. The ICCs and IPs concerned shall have the

responsibility to 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 from the NCIP, DENR and other concerned government

agencies. A mechanism for coordination and complementation between the indigenous

traditional leadership and governance structures and the NCIP, DENR, government

agencies, concerned LGUs and civil society organizations shall be created.

In recognition of the rights of these IP’s and ICC’s it was provided under the IRR for

NIPAS, specifically Rule 20.1, Indigenous peoples living within the protected areas are

allowed to collect certain resources given that it is carried out according to the recognized

indigenous practices for their livelihood. The documentation of practices in the ADSDPP

or claim book can help serve as a basis of proving if one act is according to customary

practice.

38
TAX EXEMPTION
The following if are made to fund the protected area and if to be used actually,

directly, and exclusively by the protected area, shall be exempted from donor's tax and

shall be considered as allowable deduction from the gross income of the donor for the

purpose of computing the taxable income of the donor in accordance with the provisions

of the National Internal Revenue Code of 199725:

➢ Grants

➢ Bequests

➢ Endowments

➢ Donations

➢ Contributions

However, as provided by Rule 16-A of the IRR for NIPAS, the abovementioned

shall not circumvent the payment of fees, fines, penalties, damages, rehabilitation costs,

and other legally imposed charges, in lieu of the bonds prescribed by NIPAS Act.

SPECIAL PROSECUTORS AND RETAINED COUNSEL

Section 1728. Section 19 of Republic Act No. 7586 is hereby amended to read as

follows:

"Sec. 19. Special Prosecutors and Retained Counsel. - Within thirty (30) days from

the effectivity of this Act, the Department 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 PAMB and the PASU in

the performance of duties and assist in the training of wardens and rangers in

arrest and criminal procedures. The PAMB may 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

39
 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."

The term “Special Prosecutors and Counsels” are not limited to those lawyer’s and

prosecutors that are working under the Government as provided in Rule 19.1 and 19.2 of

the IRR, “the engagement of services of private counsel shall be subject to applicable laws,

rules, and regulations.”29

The DOJ shall appoint special prosecutors to prosecute violations of laws, rules

and regulations in protected areas. The designated special prosecutors in pursuance of

their duties shall coordinate with the PAMB and the PASU they shall also assist in the

training of wardens and rangers in arrest and criminal procedures.

In 2015 the DOJ had tapped special prosecutors to handle cases involving

violations of environmental laws in critical areas. In an office order, the DOJ designated

10 prosecutors to specifically handle environmental laws, upon the request of

environmental advocacy group Oceana Philippines.30

Rule 19.2 The DENR and the DOJ shall issue guidelines on the appointment of

special prosecutors, the retention of the services of private counsel, and the reporting and

funding mechanisms.

The PAMB may 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.

40
PROHIBITED ACTS
Section 18 of R.A. 11038 amended Section 20 of Republic Act No. 7586, thus the prohibited

acts are as follows:

Sec. 20. Prohibited Acts. - Except as may be allowed by the nature of their

categories and pursuant to rules and regulations governing the same, the

following acts are prohibited within protected areas:

a) Poaching, killing, destroying, disturbing of any wildlife including in

private lands within the protected area;

b) Hunting, taking, collecting, or possessing of any wildlife, or by-products

derived therefrom, including in private lands within the protected area

without the necessary permit, authorization or exemption: Provided, That

the PASU as authorization or exemption only for culling, scientific

research , the exemptions provided under Section 27(a) of Republic Act No.

9147 (Wildlife Resources, Conservation and Protection Act) or harvests of

nonprotected species in multiple-use zones by tenured migrants and IPs;

c) Cutting, gathering, removing or collecting timber within the protected area

including private lands therein, without the necessary permit,

authorization, certification of planted trees or exemption such acts are

done in accordance with the duly recognized practices of the IPs/ICCs for

subsistence purposes;

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

41
 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 from the PAMB, except when the use of such motorized

conveyance is the only practical means of transportation of IPs/ICCs in

accessing their ancestral domain/land;

h) Altering, removing, destroying or defacing boundary marks or 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;

42
 n) Occupying or dwelling in any public land within the protected area

without clearance from the PAMB;”

Under the law it is prohibited to occupy or dwell in any public land within a

protected area, in this case the MSPLS, without clearance from the PAMB. The NIPAS

also forbids construction and maintenance of any kind of structure, fence and enclosure,

if one is to conduct any kind of business within a protected area, they must secure a

prior clearance from the PAMB and permit from DENR.

o) Constructing, erecting, or maintaining any kind of structure, fence or

enclosure, conducting any business enterprise within the protected area

without prior clearance from the PAMB and permit from the 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 quarrying 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

IPAF;

t) Prospecting, hunting or otherwise locating hidden treasure within the

protected area;

43
 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 from the high-water mark of any natural body of water or

issuing a permit for such construction pursuant to Article 51 of

Presidential Decree No. 1067: Provided, that construction for common

usage wharves and shoreline protection shall be permitted by the PAMB

only after thorough EIA."

It was also provided under Rule 20.2 that, “Possession or transportation outside of the

protected area of any timber, forest products, wildlife, or by-products derived therefrom,

which are not identified in the ADSDPP or CCP as a sustainable traditional resource right,

and are ascertained to have been taken from the protected area, other than exotic species,

the culling of which has been authorized under the appropriate permit is prohibited. 40

As an exemption to acts that are prohibited under the law, Rule 20.3 of the IRR

provides that, engaging in kaingin in Certificate of Ancestral Domain Claim (CADC)/

Certificate of Ancestral Domain Title (CADT) areas located inside the protected areas

shall be allowed to ICCs/IPs if identified as sustainable traditional resource rights of

their ADSDPP and recognized by the NCIP.41

But such acts should not be the ones provided under, Rule 20.4 which is, “any

activity that in any manner will mutilate, deface, destroy, excavate, fill-in, vandalize, or

damage any natural formation, religious, spiritual, historical sites, artifacts and other

objects of natural beauty, scenic value or objects of interest to IPs/ICCs”, except if such

activities are consistent with the PAMP and approved by the PAMB.42

PENALTIES
Penalties under the law are laid down as follows:

For Violations of Par. (a) to (e) of Sec. 20:

o Fine = Php200,000.00 to Php1,000,00000

44
 o Imprisonment = 1 to 6 years

o or both fine and imprisonment

o Damages = Triple the value of the resource

For Violations of Par. (f) to (n) Sec. 20:

o Fine = Php200,000.00 to Php1,000,00000

o Imprisonment = 1 to 6 years

o or both fine and imprisonment

o Fine = Php1,000,000.00 to Php5,000,00000

o Imprisonment = 6 to 12 years

o or both fine and imprisonment

For Existing facilities within a protected area under Sec. 24 which if its existence

and future plans and operations will be detrimental to the Protected Area:

o Fine = Php50,000 daily

o For every continuing violation, or if the violation continues to be

committed for thirty (30) days and upon reaching a total fine of Five

hundred thousand pesos (P500,000), the PAMB shall cause the cessation of

operation and either forfeit in favor of the PAMO or demolish the facility

at the cost of its owner.

o If the facility is government-owned, the agency in charge shall submit a

plan for a substitute facility that complied with the protected areas

standards and, within 1 year execute the approved protected area

management plan.

For the Violations of any rule, regulation, or provision of any agreement reached

with the PAMB:

o Fine = Php50,000.00 to Php5,000,000.00

45
 o If the area which sustained damages requires rehabilitation or restoration,

the offender shall be required to do so or pay compensations for such

damages

On the basis of a court order the DENR shall have the power to cause the eviction

of an offender from the protected area. In cases of emergency the DENR Secretary may

order the immediate exit or departure of the offender from the protected area.

The following shall be forfeited in favor of the government:

o Minerals, timber or species collected or removed from the protected area.

o Equipment, devices, conveyances and firearms used in connection

therewith.

Section 19.43 Section 21 of Republic Act No. 7586 is hereby amended to read as follows:

Sec. 21. Penalties. - Violation under this Act shall be subject to the following penalties:

(a) A fine of not less than Two hundred thousand pesos (P200,000) but not more than

One million pesos (P1,000,000) or imprisonment from one (1) year but not more

than six years, or both, plus damages of triple the value of the said resources, or

both, shall be imposed upon any person who violates paragraphs (a) to (e) of

Section 20 herein;

(b) A fine of not less than Two hundred thousand pesos (200,000) but not more than

One million pesos (P1,000,000) or imprisonment from one (1) year but not more

than six years, or both, shall be imposed upon any person who violates paragraphs

(f) to (p) of Section 20 herein;

(c) A fine of Fifty thousand pesos (P50,000) daily shall be imposed on the owner of

existing facilities within a protected area under Section 24 of this Act, if the

existence of the same and its future plans and operations will be detrimental to the

protected area. For every continuing violation, or if the violation continues to be

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

46
 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;

(d) Administrative fines of not less than fifty thousand pesos (P50,000), but not

exceeding Five million pesos (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 an area which has sustained damage

from 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.

(e) On the basis of a court order, the DENR shall cause the eviction of an offender

from the protected area: Provided, That in cases of emergency, the DENR Secretary

may order the immediate exit or departure the offender from the protected area.

The DENR Secretary may call on other enforcement agencies to assist in executing

the order to vacate.

(f) An emergency occurs when there is a demonstrated impending threat to human

life and biodiversity or to species found within the ecosystem of the protected area.

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.

(g) The conveyance, vessels, equipment, paraphernalia, implements, gears, tools, and

similar devices used in the commission of the crime shall be dealt with in

accordance with Part 4, Rule 12 (Custody and Disposition of Seized Items,

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 Equipment, Paraphernalia, Conveyance and Instruments) of Administrative

Matter No. 09-6-8-SC (Rules of Procedures for Environmental Cases) issued by the

Supreme Court. However, in no case shall any confiscated or rescued protected

animal species be sold or in any manner disposed of but shall be immediately

turned over to the PAMO for rehabilitation and release to its 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.

(h) 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 provisions of this Act 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.

(i) Any person who shall induce another or conspire to commit any of the acts

prohibited in this Act, or force their workers to commit any of the same, shall be

liable as principal.

(j) 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.

(k) The conviction of a public officer of the law whether from the LGU or any national

government agency for any violation of the provisions of this Act shall carry the

accessory penalty of perpetual; disqualification from public office.

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Section 20.44 Insert twelve (12) new sections after Section 21 of Republic Act No. 7586 to

read as follows:

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 conditions are violated, the owner of the facility shall be made liable

pursuant to Section 21 (d) hereof.

Existing facilities allowed to remain within the protected area shall be charged a reasonable

fee by the PAMB based on existing guidelines. Structures found within the forty (40)-

meter easement shall be demolished unless proven necessary to protect 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.”

Rule 21.2 The violations of the foregoing shall result to the following consequences: 45

(a) 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.

(b) All construction or improvement made thereon by the offender shall be subject to

confiscation by the PAMO, subject to the application of due process.

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 (c) The conveyances, vessels, equipment, paraphernalia, implements, gear, tools, and

similar devices used in the commission of the crime shall be under the custody

and disposition of the DENR.

(d) Protected animal species which have been confiscated or rescued, shall in no case

be sold or disposed of. Such animals shall be immediately turned over to the

PAMO or nearest rescue center for rehabilitation and release to its natural habitat,

subject to existing regulations.

(e) 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 provisions of the NIPAS Act, as amended, shall be directly liable for the act of

the employees and laborers; Provided, that the DENR may impose administrative

fines and penalties consistent with NIPAS Act, as amended.

(f) Any person who shall induce another or conspire to commit any of the acts

prohibited in the NIPAS Act, as amended, or force their workers to commit any of

the same, shall be liable as principal.

(g) The conviction of a public officer or officer of the law, whether from the LGU or

any national government agency, for any violation of the provisions of the NIPAS

Act, as amended, shall carry the accessory penalty of perpetual disqualification

from public office.

Rule 21.3 of the IRR provides that the penalties specified in the NIPAS Act, as

amended, 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”, as amended by Republic Act No. 10654, Presidential

Decree No. 705 or the “Revised Forestry Code of the Philippines and other related laws. 46

50
 Rule 21.4 of the IRR mandates the DENR to intensify its communication, education

and public awareness activities on the provisions of the ENIPAS Act and this Order to

support law enforcement. 47

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