10/12/2019 [ REPUBLIC ACT NO.

11038, June 22, 2018 ]

114 OG No. 29, 4991 (July 16, 2018)

[ REPUBLIC ACT NO. 11038, June 22, 2018 ]

AN ACT DECLARING PROTECTED AREAS AND PROVIDING FOR THEIR

MANAGEMENT, AMENDING FOR THIS PURPOSE REPUBLIC ACT NO.
7586, OTHERWISE KNOWN AS THE "NATIONAL INTEGRATED
PROTECTED AREAS SYSTEM (NIPAS) ACT OF 1992" AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

SECTION 1. Title. - This Act shall be known and referred to as the “Expanded National
Integrated Protected Areas System Act of 2018".

SEC. 2. Section 2 of Republic Act; No. 7586 is hereby amended to read as follows:

"SEC. 2. Declaration of Policy. - 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 in hereby declared the policy of the State to secure for the
Filipino people of present and 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 communiti es; that the use and enjoyment of these protected areas mu st 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 Suite 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."

SEC. 3. Section 4 of Republic Act No. 7586 is hereby amended to road as follows:

"SEC. 4. Definition of Terms. - For purposes of this Act, the following terms shall
be defined as follows;

"(a) Biological diversity or biodiversity refers to the variability among living

organisms from .'ill sources including, inter alia, terrestrial, marine and other
aquatic ecosystems and the ecological complexes of which they are part; this
includes diversity within species, between species and of ecosystems,

"(b) Bioprospecting refers to the research, collection, and utilization of biological

and genetic resources for purposes of applying the knowledge derived therefrom
solely for commercial purposes;

"(c) Buffer zones refer to identified areas outside the boundaries of and
immediately adjacent to designated protected areas that need special
development control in order to avoid or minimize harm to the protected area:

"(d) Byproducts or Derivatives refer to parts taken or substances extracted from

wildlife, in raw or in processed form;

"(e) Collecting refers to the act of gathering or harvesting wildlife and its by-
products or derivatives;

"(f) Conveyance refers to every kind of vessel, including motorized or

nonmotorized vehicles, nondisplacement crafts and seaplanes that are used or m
ay be used as a means of transportation on land or water. It shall include
everything found therein, except personal effects:

"(g) Delineation refers to the actual ground survey of the boundaries of protected
areas and their buffer zones and management and management zones using the
global positioning system (GPS) or other applicable survey instruments and
technologiezs with the intention of producing a map of the area;

"(h) Demarcation refers to the establishment of the boundaries of protected areas

and their buffer zones using visible markers, monuments, buoys in case of marine
areas, and known natural features and landmarks, among others, as a result of
the actual ground delineation:

"(i) Ecosystem goods and services refer to the multitude of material and
nonmaterial provisions and benefits from healthy ecosystems necessary for
human sustenance we11- bei ng, and s u r v i v a I including support processes,
provisioning and environment regulating services, and cultural resource
preservation services;

"(j) Endemic species refer to the species or subspecies of flora and fauna which
are naturally occurring and found within specific areas in the country:
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"(k) Exotic species refer to the species or subspecies of flora and fauna which do
not naturally occur within the protected area at present or in historical time.

"(l) Exploration refers to the act of searching of prospecting for mineral resources,
as defined by law, by geological, geochemical or geophysical surveys, remote
sensing, test pitting, trenching, drilling, shaft sinking, tunneling or any other
means, for the purpose of determining the existence, extent, quantity, and quality
of resources in an area, and the feasibility of utilizing these resources for profit;

"'(m) Gear refers to any instrument or-device and its accessories utilized in
taking, catching,, gathering, killing, hunting, destroying, disturbing, removing, or
possessing resources within the protected area;

"(n) Genetically modified organism (GMO) refers to any living organism that,
possesses a novel combination of genetic material through the- use of modern
biotechnology;

"(o) Hunting refers to the killing or catching of wild fauna for food and
recreational purposes, with the use of weapons s uch as guns, how and arrow,
spears, traps and snares, and the like;

“(p) Indigenous Cultural Community (ICC)/ Indigenous People (IP) refers to a

group of people sharing common bonds of language, customs, traditions, and
other distinctive cultural traits, and who have, since time immemorial occupied,
possessed and utilized a territory;

“(q) Integrated Protected Area Fund (IPAF) refers to the special account
established for the purpose of financing projects of the NIPAS and individual
protected areas:

"(r) Ivasive alien species refer to species introduced deliberately or unintentionally

outside their natural habitats where they have the ability to establish themselves
invade, outcompete native speci es, and take over the new environment;

"(s) Kaingin refers to the slash-and-burn cultivation of vegetated land in a

protected area, whether occupied or not, shifting and permanent with little or no
provision to prevent soil erosion:

"(t) Multiple-use zone refers to the area where settlement, traditional and
sustainable land use including agriculture, agroforesiry, extraction activities, and
income generating or livelihood activities may be allowed to the extent prescribed
in the protected area management plan;

"(u) National Integrated Protected Areas System (NIPAS) refers to the

classification and administration of all 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;

"(v) National park refers to the lands of the public domain classified as such in the
Constitution which include all areas under the NIP AS pursuant to this Act,

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primarily designated for the conservation of native plants and animals, their
associated habitats and cultural diversity;

“(w) Natural biotic area refers to 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;

"(x) Natural monument refers to a relatively small area focused on the protection
of small features to protect or preserve nationally signific ant natural features on
account of their special interest or unique characteristics;

"(y) Natural park 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;

'"(x) Occupying refers to a continuous stay of individuals or groups within a

protected area, whether residing or engaging in the cultivation of land or fishing
for more than twenty-four (24) hours;

"(aa) Poaching refers to gathering, collecting, or possessing products?

or natural resources from the protected area by any individual person,
corporation or entity whether local or foreign; in the case of marine
protected areas, operating any foreign fishing vessels by any person,
corporation, or entity without a permit:

"(bb) Protected area 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:

"(cc) Protected area occupants refer to person who are residing,

utilizing, and cultivating areas within the protected area. These include
private owners, IPs, tenured migrants and informal settlers;

"(dd) Protected Area Retained Income Account refers to the trust fund
maintained by any protected area and administered by the respective
Protected Area Management Boards (PMIB) created pursuant to this
Act representing the seventy-five percent (75%) of revenues
generated from the protected area to support its operation and
management;

"(ee) Protected landscapes and /or seascapes refer to areas of national

significance which are characterized by the harmonious interaction of
roan and land and water while providing opportunities for public
enjoyment through recreation, tourism, and other economic activities:

"(ff) Protected species refer to plants or animals declared protected

under Philippine laws, rules, and regulations. These shall include all
species Listed under the Convention on International Trade in
Endangered Species of Wild Fauna and Flora and all its Annexes, the

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Convention on the Conservation of Migratory Species (CMS), those

specified under the red-list categories of the International Union for
Conservation of Nature and Natural Resources (IIJCN), or any plant or
animal which the Department of Environment and Natural Resources
(DENR), PAMB or any government agency may deem necessary for
conservation and preservation in the protected area:

"(gg) Quarrying refers to the process of extracting, removing, and

disposing sand, gravel, guano, limestone, and all other resources used
as building and construction materials that are found within the
protected area;

"(hh) Resource reserve refers to an extensive, relatively isolated, and

uninhabited area which is difficult; to access and is designated to
protect the natural resources of the area for future use and prevent or
contain development activities that could affect the resources, pending
the establishment of sustainable resource utilization goals which are
based upon appropriate information and planning;

"(ii) Special Account, in the General Fund (SAGF) refers to the t rust
fund deposited in the national treasury representing the twenty-five
percent (25%) of the revenues generated from the operation of
individual protected area and earmarked to support the NIPAS;

“(jj) Strict nature reserve 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
preserve nature in its undisturbed state and to preserve ecologically
representative examples of the natural environment to ensure their
avaliability -for scientific study, environmental monitoring, education,
and for the maintenance of genetic resources in a dynamic and
evolutionary state;

"(kk)Tenured migrants refer to protected area occupants who have

been actually, continuously and" presently occupying a portion of the
protected area for five (5) years before the proclamation or law
establishing the same as a protected area, find are solely dependent
therein for subsistence:

"(ll) Threatened species refer to species or subspecies considered

critically endangered, vulnerable, or other accepted categories of
wildlife whose population is at risk of extinction:

"(mm) Wetlands refer to a wide variety of inland habitats such as

marshes, peatlands, floodplains, rivers and lakes, and coastal areas
such as saltmarshes, mangroves, intertidal mudflats and seagrass
beds, and also coral reefs and other marine areas no deep er than six
(6) meters at low tide, as well as human-made wetlands such as dams,
reservoirs, rice paddies and wastewater treatment ponds and lagoons;

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"(nn) Wildlife refer s to the wild forms and varieties of flora and fauna
in all developmental stages, including those which are in captivity or
are being bred, fed, or propagated: and

"(oo) Wildlife Sanctuary refers to an area which assures the natural

condition!: necessary to protect nationally significant .species, groups
of species, biotic communities or physical features of the environment
which may require specific human manipulations for their
perpetuation."

SEC. 4. Section 5 of Republic Act No, 7586 is hereby amended to read as follows:

"SEC. 5. Establishment and Extent of the System. - The establishment and

operationalization of the System shall involve the following:

'"(a) All areas or islands in the Philippines proclaimed, designated or set aside,
pursuant to a law, presidential decree, presidential proclamation or executive
order 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 as well as old
growth forests identified before the effectivity of this Act or still to be identified,
are hereby designated as initial components of the System. The initial
components of the System shall be governed by existing laws, rules and
regulations, not inconsistent with this Act.

"(a.l.) Establishment as Protected Areas. - Aside from the areas already declared
as protected areas through acts of Congress, the following parcels of land and/or
bodies of water are hereby established as protected areas within the classification
of national park pursuant to the Philippine Constitution:

Region Protected Area Province Area(Has)

1 1 Kalbario-Patapat Natural Park Ilocos Norte 3,903.19
2 Libunao Protected Landscape Ilocos Norte 47.15
3 Bessang Pass Natural Ilocos Sur 581.05
Monument/Landmark
4 Bigbiga Protected Landscape Ilocos Sur 142.87
5 Lidlidda Banayayo Protected Ilocos Sur 1,042.29
Landscape
6 Salcedo Protected Landscape Ilocos Sur 196.33
(formerly Sta. Lucia Protected
Landscape)
7 Agoo Damortis Protected La Union 10,774.68
Landscape and Seascape
8 Manleluag Spring Protected Pangasinan 1,938.83
Landscape
2 9 Palaui Island Protected Landscape Cagayan 8,045.57
and Seascape
10 Penablanca Protected Landscape Cagayan 118,653.67

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and Seascape
11 Tumauini Watershed Natural Park Isabela 6,509.38
12 Salinas Natural Monument Nueva Vizcaya 5,966.05
13 Caseonan Protected Landscape Quirino, Nueva 86,246.77
Vizcaya, and Aurora
3 14 Amro River Protected Landscape Aurora 6,431.30
15 Dinadiawan River Protected Aurora 3,366.54
Landscape
16 Simbahan Talagas Protected Aurora 2,284.30
Landscape
17 Talaytay Protected Landscape Aurora 3,593.31
18 Bataan 20,004.17
Bataan Natural Park

19 Roosevelt Protected Landscape Bataan 950.43

20 Masinloc and Oyon Bay Protected Zambales 7,558.00
Landscape and Seascape
NCR 21 Las-Pinas-Paranaque Critical Las Pinas City and 181.63
Habitat and Ecotourism Area Paranaque City
(LPPCHEA), also known as Las
Pinas-Paranaque Wetland Park
22 Ninoy Aquino Parks and Wildlife Quezon City 23.85
Center
4A 23 Mts. Palay-Palay-Mataas na Gulod Batangas and Cavite 3,972.70
Protected Landscape
24 Taal Volcano Protected Landscape Batangas and Cavite 62,292.16
25 Buenavista Protected Landscape Quezon 287.24
26 Maulawin Spring Protected Quezon 183.15
Landscape
27 Quezon Protected Landscape Quezon 1,042.85
28 Hinulugang Taktak Protected Rizal 3.58
Landscape
29 Pamitinan Protected Landscape Rizal 609.15
30 Upper Marikina River Basin Rizal 26,125.64
Protected Landscape
4B 31 Marinduque Wildlife Sanctuary Marinduque 9,758.71
32 Apo Reef Natural Park Occidental Mindoro 15,799.23
33 Mt. Calavite Wildlife Sanctuary Occidental Mindoro 18,172.69
34 Mts. Iglit-Baco Natural Park Occidental and 106,655.62
Oriental Mindoro
35 Mt. Guiting-Guiting Natural Park Romblon 15,515.22
5 36 Mt. mayon Natural Park Albay 5,327.15
37 Ticao Burias Pass Protected Albay, Masbate and 414,244.00
Seascape sorsogon
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38 Abasig Matogdon Mananap Natural Camarines Norte 5,918.31

Biotic Area
39 Bicol Natural Park Camarines Sur 5,466.35
40 Buhi Wildlife Sanctuary Camarines Sur 1,620.65
41 Lagonoy Natural Biotic Area Camarines Sur 443.63
42 Malabungot Protected Landscape Camarines Sur 147.41
43 Mt. Isarog Natural Park Camarines Sur 10,090.89
44 Catanduanes Natural Park Catanduanes 48,924.09
45 Bongsanglay Natural Park Masbate 518.90
46 Bulusan Volcano Natural Park Sorsogon 3,641.57
6 47 Northwest Panay Peninsula Natural Aklan and Antique 12,009.29
Park
48 Sibalom Natural Park Antique 6,778.44
49 Northern Negros Natural Park Negros Occidental 70,826.16
7 50 Bohol 1,165.51
Alburquerque-Loay-Loboc
Protected Landscape and Seascape

51 Chocolate Hills Natural Monument Bohol 13,994.95

52 Panglao Island Protected Seascape Bohol 2,445.08
53 Raja Sikatuna Protected Landscape Bohol 10,964.64
54 Talibon Group of Island Protected Bohol 6,446.31
Landscape and Seascape
55 Camotes Island Protected Cebu 1,436.98
Landscape and Seascape
56 Olango Island Wildlife Sanctuary Cebu 1,382.29
57 Tanon Strait Protected Seascape Cebu, Negros 534,589.05
Occidental and
Oriental
58 Apo Island Protected Landscape Negros Oriental 691.40
and Seascape
59 Balinsasayao Twin Lakes Natural Negros Oriental 8,016.05
Park
8 60 Cuatro Islas Protected Landscape Leyte 11,407.46
and Seascape
61 Lake Danao Natural Park Leyte 2,244.16
62 Mabagnao Volcano Natural Park Leyte 340.82
63 Guiuan Marine Resource Protected Eastern Samar 66,725.26
Landscape and Seascape
64 Biri Larosa Protected Landscape Northern Samar 32,284.14
and Seascape
65 Calbayog Pan-as Hayiban Samar 5,067.93
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Protected Landscape
66 Samar Island Natural Park Samar, Eastern 335,105.57
Samar and Northern
Samar
67 Basilan Natural Biotic Area Basilan 4,545.99
68 Aliguay Island Protected Landscape Isabela City 1,188.36
and Seascape
69 Turtle Islands Wildlife Sanctuary Tawi-Tawi 242,958.29
70 Great and Little [Link] Islands Zamboanga City 1,827.16
Protected Landscape and Seascape
71 Pasonanca Natural Park Zamboanga City 12,102.08
9 72 Jose Rizal Memorial Protected Zamboanga del Norte 474.82
Landscape
73 Murcielagos Protected Landscape Zamboanga del Norte 100.40
and Seascape
74 Selinog Island Protected Zamboanga del Norte 959.41
Landscape and Seascape
75 Sincon Resource Reserve Zamboanga del Norte 855.59
76 Dumanquillas Bay Protected Zamboanga del Sur 26,112.21
Landscape and Seascape
77 Mt. Timolan Protected Landscape Zamboanga del Sur 2,244.54
78 Buug Natural Biotic Area Zamboanga Sibugay 1,261.46
10 79 Mt. Kalatungan Range Natural Park Bukidnon 22,225.11
80 Mt. Timpoong Hibok-Hibok Natural Camiguin 2,203.39
Monument
81 Mt. Inayawan Range Natural Park Lanao del Norte 4,236.18
82 Baliangao Protected Landscape and Misamis Occidental 315.50
Seascape
83 Initao-Libertad Protected Misamis Oriental 921.02
Landscape and Seascape
84 [Link] Range Natural Park Misamis Oriental 8,437.86
11 85 Mabini Protected Landscape and Compostela Valley 7,292.62
Seascape
86 Mainit Hot Springs Protected Compostella Valley 1,422.63
Landscape
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 Davao Oriental 20,873.43
and Seascape
12 90 Sarangani Bay Protected Seascape General Santos City 210,887.69
and Sarangani
91 Mt. Matutum Protected Landscape South Cotabato and 13,947.00

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Sarangani
13 92 Agusan Marsh Wildlife Sanctuary Agusan del Sur 40,940.96
93 Siargao Island Protected Surigao del Norte 283.974.77
Landscape and Seascape
94 Tinuy-An Falls Protected Landscape Surigao del Sur 4,321.75

"The boundaries and technical descriptions 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 hereof.

"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 requirements
shall be disestablished pursuant to Section 7 of this Act.

"(b) All DENR records pertaining to said protected areas, including maps and
technical descriptions or natural boundaries, copies of rules and
regulationsgoverning them, copies of public notices of, and reports submitted to
Congress regarding pending additions, eliminations, or modifications shall be
made available to the public. These legal documents pertaining to protected areas
shall 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) and Protected Area
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 the following items
shall be submitted to the president as soon as the study completed, to wit:

"(1) A protected area occupants survey:

"(2) An etnographic study;

"(3) Aprotected area resource profile;

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"(4) Land and water use plans; and

"(5) Other background studies.

"(d) In the conduct of public consultation, the DENR shall:

"(1) Notify the public of proposed action through publication in a newspaper of

GENERAL CIRCULATION AND such othermeans including 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 unit (LGUs) in the affected areas, national
agencies concerned, people's organizations (POs) and nongovernment
organizations (NGOs) and request for corresponding position papers; and

"(4) Prepare recommendations based on the views and comments gathered from
the public 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) Upon completion of the appropriate review, the President shall recommend to
the Senate and the House of Representatives the designations of protected areas
of reclassification of each area."

SEC. 5. Sec 6 of Republic Act No. 7586 is hereby amended to read as follows:

"SEC.6. Additional Areas to be Included into the System.- Upon the

recommendation of the DENR, additional areas with unique physical features,
anthropological significance and high biological diversity may be proposed for
inclusion as part of the System. Such areas shall undergo the same procedure as
the remaining initial components for ligislative enactment."

SEC. 6. Section 8 of Republic ACt No. 7586 is hereby amended to read as follows:

"SEC.8. Buffer Zones.-When necessary, the DENR Secretary, upon the

recommendation of the PAMB, may designate areas surrounding the protected
areas as buffer zones for the purpose of providing extra layer of protection where
restrictions may be applied: Provided, That, in cases where the designated 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."

SEC. 7. Section 9 of Republic ACt No. 7586 is hereby amended to read as follows:

"SEC. 9. Management Plan.- Within one (1) year from the establishment of the
protected area, there shall be a management plan formulated for each protected
area that shall serve as the basic long-term framework plan for the management

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of the protected area and guide in the preparation of its annual operations plan
and budget.

"The management plan shall, at the minimum promote the adoption and
implementation of innovative management techniques including, when necessary,
zoning, buffer zone management, habitat conservation and rehabilitation,
diversity management, community organizing and development, socio economic
and scientific researches, site-specific policy development, climate change
adaptation and mitigation, disaster risk reduction and management, and gender
and development, among others.

"The plan shall be harmonized with the Ancestral Domain Sustainable

Development and Protection Plan (ADSDPP) required under Republic Act No.
8371, or "The Indigenous People's Rights Act of 1997', the respective
Comprehensive Land Use Plans (CLUPs) of local governments required under
Republic Act No. 7160 or the 'Local Government Code of 1991' and other local
plans."

SEC. 8. Section 10 of Republic Act No. 7586 is hereby amended to read as follows:

"SEC 10. Administration and Management of the System.- The National integrated
Protected Areas System (NIPAS) is hereby placed under the control and
administration of the DENR through the Biodiversity Management Bureau (BMB).

"To carry out the mandate of this Act, the Secretary of the DENR is empowered to
perform the following acts:

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

"(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;

"(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;

"(e) Impose administrative fines and penalties;

"(f) Report on the status of the Integrated Protected Area Fund (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;

"(i) Accept in the name of the Philippine Government and in behalf of NIPAS
funds, gifts or bequests of money for immediate disbursements or other property

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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 of the status of protected areas in the country;

"(l) Oversee and set guidelines in the construction, operation and maintenance of
roads, trails, waterworks, sewerage systems, fire protection, and 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 areas 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."

SEC. 9. Section 11 of Republic Act No. 7586 is hereby amended to read as follows:

"SEC. 11. Protected Area Management Board (PAMB).-Within three (3) months
after the effectivity of this Act, A PAMB shall be created for each of the protected
areas designated as initial component, established by presidential proclamation,
and declared by law. The Board shall be composed of the following:

"(a) DENR Regional Director under whose jurisdiction the protected area is
located, as Chairperson;

"(b) Governor/s of the province/s where the protected area is located or their duly
designated representative/s;

"(c) 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;

"(d) 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;

"(e) Mayor/s of the city/cities or municipality/municipalities where the protected

area is located or their duly designated representative/s;

"(f) Chairperson/s of the barangay/s where the protected area is located;

"(g) 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);

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"(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;

"(i) At least one (1) but not more than three (30 representatives from all the
IPs/ICCs present in the area and recognized by the National Commission on
Indigenous Peoples (NCIP);

"(j) One (1) representativefrom an academic institution, prefarably from a

university or college in the province where the protected area is located, with
proven track record in or related to the protected area managaement ; and

"(k) One (1) representative from the private sector, prefarably a resident of the
province where the protected area is located, who is distinguished in aprofession
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 re appointed for another term.

"The members of the PAMB shall serve without compensation, except for the
actual and necessary taveling and subsistence expenses incurred in the
performance of theior duties, either in their attendance in meetings of the PAMB
or in connection with other official business authorized through a resolution of the
PAMB, subject to existing rules and regulations. Each member shall have the full
capacity and accountability for decisions binding to the members's sector.

"The PAMB members 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 appointed in accordance with the provisions of
this Act: Provided, That the Regional director of the DENR shall ensure that the
relevant members of the PAMB areduly appointed by the DENR Secretary:
Provided,further, That t least forty percent (40%) of the PAMB members shall be
women, pursuant to Republic Act No. 9710 or "The Magna Carta of Women.

"A member of the PAMB may be removed for any of the following grounds:

"(1) More than three (3) consecutive unexcused absences fromregular 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;

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"(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."

SEC. 10. Insert two (2) new sections after 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) 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
protected area;

"(f) Allocate financial resources for the implementation of the management plan
and manage the Protected area Retention Income Account and other funds in
accordance with the accounting and budgeting rules and regulations;

"(g) set fees and charges in accordance with 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 government
authorities;

"(j) Monitor and assess the performance of the Protected Area Superintendent
(PASU) and other 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 efectiveness of the mangement 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

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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 penaltiesas 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 administrative orders of national application, the latter shall
prevail."

"SEC. 11-B. The Protected 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 to day management, protection and administration of the
protected area. A sufficient number of support staff with permanent plantilla
position shall be appointed by the DENR to assist the PASU in 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 policies with relevant national and LGUs' plans and programs;

"(c) Provide secretariat services to the PMAB and its committees and ensure the
avilability of relevant and timely information for-decision making;

"(d) Formulate and recommend to the PAMB proposed policies, rules, regulations,
and programs;

"(e) Establish, operate, and maintain a database management system which 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, and assist in the prosecution of
offenses committed in violation of this Act;

"(g) Monitor, evaluate, and report the implementation of management activities of

the protected area;

"(h) Request for and receive any technical assistance, support or advice from any
agency or instrumentality of the government as well as academic institutions,
NGOs, and the private sector, as may be necessary for the effective management,
protyection and administration of the protected area;

"(i) Issue permits and clearances for activities that implement the management
plan and other permitted activities in accordance with terms, conditions, and
criteria established by the PAMB: Provided, That all permits for extraction
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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
income collected/received shall be reported regularly to the PAMB and the DENR
in accordance with existing guidelines;

"(k) Prepare and recommend to the PAMB, approval of the annual work and
financial plans of the protected area based on the management plan; and

"(l) Perform such other functions as the PAMB and the DENR may assign.

"The PAMO may be augmented by the deputized local environment and natural
resources officers upon the recommendation of the PAMB and approval of the
DENR."

SEC. 11. Section 12 of Republic Act No. 7586 is hereby amended to read as
follows:

"SEC. 12. Environmental Impact Assessment (EIA).- Considering that protected

areas are environmentally critical areas, the proponent of development projects
and activities with potentially significant adverese impacts as determined by the
Environmental Mangement Bureau (EMB), whether or not these projects or
activities are included in the management plan, shall secure an Environmental
Compliance Certificate (ECC) in accordance with thePhilippine Environmental
Impact Statement (EIS) System: Provided, That for development projects and
activities that are notenvironmentally critical, an initial environmental examination
(IEE) shall be undertaken instead of a full blown EIA. No project or activity may
be undertakenby any project proponentwithout 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.

"No actual implementation of such activities shall be allowed without the required
ECC under the Philippine EIA System. Violations of environmental laws, rules and
regulations, including those under the EIA System, shall be penalized
accordingly."

SEC. 12. Section 13 of Republic Act No. 7586 is hereby amended to read as follows:

"SEC. 13. Ancestral Domains and Customary Rights.- Ancestral domains and
customry rights shall be accorded due recognition.

"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

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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."

SEC. 13. Section 14 of Republic Act No. 7586 is hereby amended to read as follows:

"SEC.14. Energy Resources.-Consistent with the policies declared in Section 2

hereof, the exploration for energy resources may be allowed in protected areas
only for the purpose of gathering data and information and only if such activity is
carried out with the least damage to surrounding areas.

"Surveys for nonrenewable energy projects shall be conducted only in accordance

with a program approved by the DENR, and the result of such surveys shall
bemade available to the public and submitted to the President who shall make the
appropriate recommendations to Congress. The development and operation of
nonrenewable energy projects are prohibited in areas categorized as strict nature
reserves and natural parks,

"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
undergothe EIA as provided by law, and shall adopt reduced impact technologies
so as not to be detrimental to ecosystem functions, 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 by the PAMB."

SEC. 14. Section 15 of Republic Act No. 7586 is hereby amended to read as follows:

"SEC. 15. Areas Under the Management of Other Departments and Government
Instrumentalities.-Should there be protected areas, or portions thereof, under the
jurisdiction of government instrumentaslities other than the DENR, such
jurisdiction shall remain in the said department of government instrumentality:
Provided, That the DENR shall retain its oversight function over such protected
areas, and the concerned agency shall provide annual reports on the management
of said areas focusing on the conservation of the biodiversity therein."

SEC. 15. Section 16 of Republic Act No. 7586, as amended by Republic Act No. 10629, is
hereby further amended to read as follows:

"SEC. 16. Integrated Protected Area Fund (IPAF).- There is hereby established a
trust Fund to be known as Integrated Protected Area Fund (IPAF) for purposes of
financing the projects and sustaining the operation of protected areas and the
System. Income generated from the operation and management of the protected
area shall accrue to the IPAF. The income shall be derived from fees and charges

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from the use of resources and facilities of protected areas; contributions from
industries and facilities directly benefiting from the protected area; and such other
fees and income derived from the operation of the protected area.

"The PAMB shall retain seventy-five percent (75%) of all revenues raised through
the above means, which shall be deposited in the Protected Area-Retained Income
Account (PA-RIA) in any authorized government depository bank within the
locality: Provided, That disbursements out of such deposits shall be used solely
for the protection, maintenance, administration, and management of the
protected area and implementation of duly approved projects of the PAMB.

"Grants, donations, and endownments from various sources, 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-RIA and shall be managed by the PAMB.

"The remaining twenty-five percent (25%) of revenues shall be deposited asa

special account in the General 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, budgetting,
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) and
the Department of Finance (DOF) quarterly reports on the financial and physical
accomplishments on the utilization of the IPAF and other documents as may 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."

SEC. 16. A new Section 16-A of Republic Act No. 7586, as amended by Republic Act No.
10629, shall read as follows:

"SEC. 16-A. Tax Exemption.- All grants, bequesta and endownments, donations
and contributions made to the protected area fund 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 1997, as amended."

SEC. 17. 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 prosecutor 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

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prosecute and assist in the 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."

SEC. 18. Section 20 of Republic Act No. 7586 is hereby amended to read 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
authorized by the PAMB shall issue a permit, authorization or exemption only for
culling, scientific research, the exceptions 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 as for culling exotic species;
except, however, when 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 than 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 placed 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 Wastes 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
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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, in 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 oads and trails in damage 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 from the PAMB;

"(o) Construting, 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 treasures 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 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,

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That construction for common usage wharves and shoreline protection shall be
permitted by the PAMB only after thorough EIA."

SEC. 19. Section 21 of Republic Act No. 7586 is hereby amended to read as follows:

"SEC. 21. Penalties.- Violations 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 (6) 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 (P200,000) but not more
than One million pesos (P1,000,000) or imprisonment from (1) year but not more
than six (6) years, or both, shall be imposed upon any person who violates
paragraphs (f) to (n) of Section 20 herein;

"(c) A fine of not less than One million pesos (P1,000,000) but not more than Five
million pesos (P5,000,000) or imprisonment from six (6) years but not more than
twelve (12) years, or both, shall be imposed upon any person who violates
paragraphs (o) to (v) of section 20 herein;

"(d) 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
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 charge 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 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 or pay
compensation for such damages, which payment shall accrue to the IPAF.

"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 of the offender from the
protected area. The DENR Secretary may call on other enforcement agencies to
assist in executing the order to vacate.

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"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.

"The conveyances, 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,
Equipment, Paraphernalia, Conveyances 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 damage 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 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 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.

"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.

"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.

"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 this Act
shall carry the accessory penalty of perpetual disqualification from public office."

SEC. 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
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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 the 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, and agreements are not renewed,
such areas shall be rehabilitated or restored by the permit holders within the
period provided by the pertinent laws and shall revert to 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 DENR to
be released to the depository bank in the event of damage by or closure of the
establishment after satisfactory rehabilitation according to the zones and
objectives of the management plan as attested to by the PAMB.

"The occupation of LGUs and communities within the protected area shall be
respected. Within ninety (90) days after 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 considerations shall be given to the intended use for
conservation and biodiversity as well as the objectives for protected areas to keep
human habitation and environmental conservation in harmony."

"SEC. 23. Tenured Migrants and Other Protected Area Occupants.- Tenured
migrants shall be eligible to become stewards of portions of lands within multiple-
use zones. The PAMB shallidentify, verify and review all tenurial instruments, land
claims, and issuances of 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 os
sustainable development, the provision for the transfer of the tenured migrants to
multiple-use zones or buffer zones shall be accomplished through just and
humane means: Provided, That protected area occupants who are not qualified as
tenured migrants shall be resettled outside the protected area.

"The rights of the tenured migrants may be transferred only to the 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 area.

"Following the protected area occupants survey required under Section 5(c)(1)
hereof, the DENR Regional Director shall submit to the BMB within two (2) years
from the passage of this Act, the final list of tenured migrants, which shall be the

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basis for tenured migrant recognition and issuance of tenurial instruments. Within
the two (2)-year period, the DENR Regional Director shall submit accomplishment
report every six (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 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
continous 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. Stuctures 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
reasonble fee for the use of such easement for their continued operations.
Wharves shall be kept accessible to the public."

"SEC. 25. Special Uses Within Protected Areas.-Consistent with Section 2 hereof,
special uses may be allowed within protected areas except in strict protection
zones and strict nature reserves. The PAMB may recommend the issuance of
tenurial instrument subject to compliancwe to ECC and 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 yhe activity shall not be detrimental to ecosystem
functions and biodiversity, and cultural practices and traditions.

"A sufficient bond shall be remitted by the proponent to the DENR to be released
to the depository bank in the event of damageby or closure of the establishment
after satisfactory rehabilitation according to the zones and objectives of the
management plan as attested to by the PAMB."

"SEC. 26. Local Government Units (LGUs).- The LGUs within the protected area
shall participate in its management through representation in the PAMB as
provided for in this Act. Said LGUs may appropriate portions of their share from
the annual internal revenue allotment and other income for use of the protected
area: Provided, That all funds directly coming from the LGUs shall be exempted
from the tywenty-five percent (25%) remittance requirement for the IPAF under
Section 16 hereof.
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"The LGUs shall continue to impose and collect other fees not enumerated under
Section 16 hereof which they have traditionally collected, such as business
permits and rentals of the LGU facilities: Provided, That the LGUs shall not impose
property tax on properties owned by the government nor issue any tax
declaration 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.

"LGUs with territory inside protected areas shall align their 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
management plans. Within six (6) months from the approval of the protected area
management plan the PAMB and the PASU shall collaborate with the LGU
concerned in the formulation of the CLUP and other local plans and in the
enforcement thereof. The concerned LGU official shall be held administratively and
criminally liable for failure to enforce and/or implement the provisions of this Act."

"SEC. 27. Reporting Responsibility.-The PASU, through the PAMB, shall submit an
annual accomplkishment report of the protected area to the Sectretary of the
DENR through the BMB. A report on the conditions and benefits of the biological
resources and ecosystem services of the protected area shall also be submitted by
the PASU, through chasnnels, to the Secretary of the DENR every 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.'

"SEC. 28. Approtiations.-The Secretary of the DENR shall immeditely include in

the DENR's program the implementation of this Act, the funding of which shall be
included in the annual General Appropriations Act."

"SEC. 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 of its biological diversity, taking into
account the needs and interests of qualified tenured migrants vested rights, IPs
and local communities, and the benefits from ecosystem services and 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 People's Rights Act of 1997."

"SEC. 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 conservation
requirements of the protected areas in each locality. Protected areas that may be
later established or declared pursuant to this Act shall likewise undergo the same
requirements of site-specific legislation."

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"SEC. 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, respectively, five (5) members
each from the Senate and the House of Representatives as members: Provided,
That two (2) of the five (5) members are nominated by the respective minority
leaders of the Senate and the House of Representatives."

"SEC. 32. Implementing Rules and Regulations (IRR).-Within six (6) months from
the effectivity of this Act, the DENR shall prepare the IRR of this Act."

"SEC. 33. Transitory Provision.-In order to enhance biological diversity and to

develop sustainable livelihood opportunities for tenured 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 resources 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 with the management plan and approved
by the PAMB."

SEC. 21. Separability Clause.-If any provision of this Act is declared unconstitutional or
invalid, other parts or provisions hereof not affected thereby shall continue to be in force and
effect.

SEC. 22. Repealing Clause.- All laws, decrees, executive orders, rules and regulations or
parts thereof which are contrary to or inconsistent with this Act are hereby repealed,
amended or modified accordingly.

SEC. 23. Effectivity.- This Act shall take effect fifteen (15) days after its complete publication
in the Official Gazette or in two (2) newspapers of general circulation.

Approved,

(SGD.) PANTALEON D. ALVAREZ (SGD.) AQUILINO "KOKO" PIMENTEL III

Speaker of the House President of the Senate
of Representatives

This Act which is a consolidation of Senate Bill No. 1444 and House Bill No. 6772 was passed
by the Senate and the House of Representatives on March 21, 2018.

(SGD.) CESAR STRAIT PAREJA (SGD.) LUTGARDO B. BARBO

Secretary General Secretary of the Senate
House of Representatives

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10/12/2019 [ REPUBLIC ACT NO. 11038, June 22, 2018 ]

Approved: JUN 22 2018

(SGD.) RODRIGO ROA DUTERTE

President of the Philippines

Source: Supreme Court E-Library | Date created: March 27, 2019

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