21823, 8:45 AM. E-Library - Information At Your Fingertips: Printer Friendly 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 communities; 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 hitpsselbrary judiciary gowphvthebooksheltshowdocstiendy/2/84990 118021823, 8:45 AM. SEC. E-Library Information At Your Fingertips: Printer Frenly areas and the management regimes being implemented by local government units (LGUs), local communities and indigenous peoples (IPs). "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." 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 hitpsselbrary judiciary gowphvthebooksheltshowdocstiendy/2/8499021823, 8:45 AM. E-Library Informaton At Your Fingertips: Pinter Friendly human sustenance well- bei ng, and s ur vi va I including support processes, provisioning and environment regulating services, and cultural resource preservation services; "(§) Endemic species refer to the species or subspecies of flora and fauna which are naturally occurring and found within specific areas in the country: "(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. "() 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; "(0) 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 @ 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; hips sel brary judiciary gowphthebooksheltshowdocstiendy/2/0499021823, 8:45 AM. E-Library Informaton At Your Fingertips: Pinter Friendly "(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, 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%) hitpsselbrary judiciary gowphvthebooksheltshowdocstiendy/2/8499021823, 8:45 AM. E-Library Information At Your Fingertips: Printer Frenly 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 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; “(ij) 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; hitpsselbrary judiciary gowphvthebooksheltshowdocstiendy/2/84990218/23, 8:45 AM E-Library Informaton At Your Fingertips: Pinter Friendly "(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 “(II) 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; "(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 "(00) Wildlife Sanctuary refers to an area which assures the natural condition!: necessary to protect nationally significant sspecies, 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 2 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) hitpsselbrary judiciary gowphvthebooksheltshowdocstiendy/2/8499021823, 8:45 AM. 1 NCR 4A 9 10 11 12 13 14 15 16 17 18 19 20 22 23 E-Library Information At Your Fingertips: Printer Friendly Kalbario-Patapat Natural Park Ilocos Norte Libunao Protected Landscape Ilocos Norte Bessang Pass Natural locos Sur Monument/Landmark Bigbiga Protected Landscape Ilocos Sur Lidlidda Banayayo Protected Ilocos Sur Landscape Salcedo Protected Landscape Ilocos Sur (formerly Sta. Lucia Protected Landscape) ‘goo Damortis Protected La Union Landscape and Seascape Manleluag Spring Protected Pangasinan Landscape Palaui Island Protected Cagayan Landscape and Seascape Penablanca Protected Cagayan Landscape and Seascape Tumauini Watershed Natural Isabela Park Salinas Natural Monument — Nueva Vizcaya Caseonan Protected Quirino, Nueva Landscape Vizcaya, and Aurora Amro River Protected Aurora Landscape Dinadiawan River Protected Aurora Landscape Simbahan Talagas Protected Aurora Landscape Talaytay Protected Landscape Aurora Bataan Natural Park Bataan Roosevelt Protected Bataan Landscape Masinloc and Oyon Bay Zambales Protected Landscape and Seascape Las-Pinas-Paranaque Critical Las Pinas City and Habitat and Ecotourism Area Paranaque City (LPPCHEA), also known as Las Pinas-Paranaque Wetland Park Ninoy Aquino Parks and Quezon City Wildlife Center Mts, Palay-Palay-Mataas na Batangas and Gulod Protected Landscape Cavite hitpsselbrary judiciary gowphvthebooksheltshowdocstiendy/2/84990 3,903.19 47.15 581.05 142.87 1,042.29 196.33 10,774.68 1,938.83 8,045.57 118,653.67 6,509.38 5,966.05 86,246.77 6,431.30 3,366.54 2,284.30 3,593.31 20,004.17 950.43 7,558.00 181.63 23.85 3,972.70 113021823, 8:45 AM. E-Library Information At Your Fingertips: Printer Friendly 24 Taal Volcano Protected Landscape 25 Buenavista Protected Landscape 26 Maulawin Spring Protected Landscape 27 Quezon Protected Landscape 28 Hinulugang Taktak Protected Landscape 29 Pamitinan Protected Landscape 30 Upper Marikina River Basin Protected Landscape 4B 31 Marinduque Wildlife Sanctuary 32 Apo Reef Natural Park 33 Mt. Calavite Wildlife Sanctuary 34 Mts. Iglit-Baco Natural Park 35 Mt. Guiting-Guiting Natural Park 5 36 Mt. mayon Natural Park 37 Ticao Burias Pass Protected Seascape 38 Abasig Matogdon Mananap Natural Biotic Area 39 Bicol Natural Park 40 Buhi Wildlife Sanctuary 41 Lagonoy Natural Biotic Area 42 Malabungot Protected Landscape 43 Mt. Isarog Natural Park 44 Catanduanes Natural Park 45 Bongsanglay Natural Park Batangas and Cavite Quezon Quezon Quezon Rizal Rizal Rizal Marinduque Occidental Mindoro Occidental Mindoro Occidental and Oriental Mindoro Romblon Albay Albay, Masbate and sorsogon Camarines Norte Camarines Sur Camarines Sur Camarines Sur Camarines Sur Camarines Sur Catanduanes Masbate 46 Bulusan Volcano Natural Park Sorsogon 6 47 Northwest Panay Peninsula Natural Park 48 Sibalom Natural Park 49 Northern Negros Natural Park Negros Occidental 7 50 Alburquerque-Loay-Loboc Protected Landscape and Seascape hitpsselbrary judiciary gowphvthebooksheltshowdocstiendy/2/84990 Aklan and Antique Antique Bohol 62,292.16 287.24 183.15 1,042.85 3.58 609.15 26,125.64 9,758.71 15,799.23 18,172.69 106,655.62 15,515.22 5,327.15 414,244.00 5,918.31 5,466.35 1,620.65 443.63 147.41 10,090.89 48,924.09 518.90 3,641.57 12,009.29 6,778.44 70,826.16 1,165.51 13021823, 8:45 AM. E-Library Information At Your Fingertips: Printer Frenly 51 Chocolate Hills Natural Monument 52 Panglao Island Protected Seascape 53 Raja Sikatuna Protected Landscape 54 Talibon Group of Island Protected Landscape and Seascape 55 Camotes Island Protected Landscape and Seascape 56 Olango Island wildlife Sanctuary 57 Tanon Strait Protected Seascape 58 Apo Island Protected Landscape and Seascape 59 Balinsasayao Twin Lakes Natural Park 8 — 60 Cuatro Islas Protected Landscape and Seascape 61 Lake Danao Natural Park 62 Mabagnao Volcano Natural Park 63 Guiuan Marine Resource Protected Landscape and Seascape 64 Biri Larosa Protected Landscape and Seascape 65 Calbayog Pan-as Hayiban Protected Landscape 66 Samar Island Natural Park 67 Basilan Natural Biotic Area 68 Aliguay Island Protected Landscape and Seascape 69 Turtle Islands Wildlife Sanctuary 70 Great and Little [Link] Islands Protected Landscape and Seascape 71 Pasonanca Natural Park hitpsselbrary judiciary gowphvthebooksheltshowdocstiendy/2/84990 Bohol Bohol Bohol Bohol Cebu Cebu Cebu, Negros Occidental and Oriental Negros Oriental Negros Oriental Leyte Leyte Leyte Eastern Samar Northern Samar Samar Samar, Eastern Samar and Northern Samar Basilan Isabela City Tawi-Tawi Zamboanga City Zamboanga City 13,994.95 2,445.08 10,964.64 6,446.31 1,436.98 1,382.29 534,589.05 691.40 8,016.05 11,407.46 2,244.16 340.82 66,725.26 32,284.14 5,067.93 335,105.57 4,545.99 1,188.36 242,958.29 1,827.16 12,102.0821823, 8:45 AM. E-Library Information At Your Fingertips: Printer Friendly 9 72 Jose Rizal Memorial Protected Landscape 73 Murcielagos Protected Landscape and Seascape 74 Selinog Island Protected Landscape and Seascape 75 Sincon Resource Reserve 76 Dumanauillas Bay Protected Landscape and Seascape 77 Mt. Timolan Protected Landscape 78 Buug Natural Biotic Area 10 79 Mt. Kalatungan Range Natural Park 80 Mt. Timpoong Hibok-Hibok Natural Monument 81 Mt. Inayawan Range Natural Park 82 Baliangao Protected Landscape and Seascape 83 Initao-Libertad Protected Landscape and Seascape 84 [Link] Range Natural Park 11 85 Mabini Protected Landscape and Seascape 86 Mainit Hot Springs Protected Landscape 87 Aliwagwag Protected Landscape 88 Mati Protected Landscape 89 Pujada Bay Protected Landscape and Seascape 12 90 Sarangani Bay Protected Seascape 91 Mt. Matutum Protected Landscape 13. 92 Agusan Marsh Wildlife Sanctuary 93 Siargao Island Protected Landscape and Seascape 94 Tinuy-An Falls Protected hitpsselbrary judiciary gowphvthebooksheltshowdocstiendy/2/84990 Zamboanga del Norte Zamboanga del Norte Zamboanga del Norte Zamboanga del Norte Zamboanga del Sur Zamboanga del Sur Zamboanga Sibugay Bukidnon Camiguin Lanao del Norte Misamis Occidental Misamis Oriental Misamis Oriental 474.82 100.40 959.41 855.59 26,112.21 2,244.54 1,261.46 22,225.11 2,203.39 4,236.18 315.50 921.02 8,437.86 Compostela Valley 7,292.62 Compostela Valley Davao Oriental and Compostela Valley Davao Oriental Davao Oriental General Santos City and Sarangani South Cotabato and Sarangani Agusan del Sur Surigao del Norte Surigao del Sur 1,422.63 10,261.06 884.46 20,873.43 210,887.69 13,947.00 40,940.96 283.974.77 4,321.75 1019021823, 8:45 AM. E-Library Information At Your Fingertips: Printer Frenly Landscape "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; "(4) Land and water use plans; and "(5) Other background studies. hitpsselbrary judiciary gowphvthebooksheltshowdocstiendy/2/84990 18021823, 8:45 AM. SEC. SEC. SEC. E-Library Information At Your Fingertips: Printer Frenly "(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." 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." 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.” 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 hitpsselbrary judiciary gowphvthebooksheltshowdocstiendy/2/84990 120021823, 8:45 AM. SEC. E-Library Information At Your Fingertips: Printer Frenly the management of the protected area and guide in the preparation of its annual operations pian 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." 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; hitpsselbrary judiciary gowphvthebooksheltshowdocstiendy/2/84990 1919021823, 8:45 AM. SEC. E-Library Informaton At Your Fingertips: Pinter Friendly "(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 in the interest of the NIPAS, its activities or its services; "(i) 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; "() 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." 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; hitpsselbrary judiciary gowphvthebooksheltshowdocstiendy/2/84990 1419021823, 8:45 AM. E-Library Informaton At Your Fingertips: Pinter Friendly "(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); "(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 hitpsselbrary judiciary gowphvthebooksheltshowdocstiendy/2/84990 1919021823, 8:45 AM. E-Library Information At Your Fingertips: Printer Frenly 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; "(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 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; hitpsselbrary judiciary gowphvthebooksheltshowdocstiendy/2/84990 read 1619021823, 8:45 AM. E-Library Informaton At Your Fingertips: Pinter Friendly "(i) Recommend appropriate policy changes to the DENR and other government authorities; "() 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 "() 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 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; hitpsselbrary judiciary gowphvthebooksheltshowdocstiendy/2/84990 1718021823, 8:45 AM. E-Library Information At Your Fingertips: Printer Frenly "(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; "() 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 activities, including collection for research purposes, shalll 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 (I) 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 hitpsselbrary judiciary gowphvthebooksheltshowdocstiendy/2/84990 1819021823, 8:45 AM. SEC. SEC. E-Library Informaton At Your Fingertips: Pinter Friendly 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." 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 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.” 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 hitpsselbrary judiciary gowphvthebooksheltshowdocstiendy/2/84990 19100218/23, 8:45 AM E-Library Informaton At Your Fingertips: Pinter Friendly 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 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. hitpsselbrary judiciary gowphvthebooksheltshowdocstiendy/2/84990 2083021823, 8:45 AM. SEC. 16. A new Section 16-A of Republic Act No. 7586, as amended by Republic Act No. E-Library Informaton At Your Fingertips: Pinter Friendly "The use of the IPAF shall be in accordance with existing accounting, budgeting, and auditing rules and regulations: Provided, further, That the IPAF shall not be used to cover personal services expenditures "The DENR shall submit to the Department of Budget and Management (DBM) 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.” 10629, shall read as follows: SEC. SEC. "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. 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 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 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.” 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 hitpsselbrary judiciary gowphvthebooksheltshowdocstiendy/2/84990 2168021823, 8:45 AM. E-Library Informaton At Your Fingertips: Pinter Friendly 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 1Ps/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 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; "(D) Littering or depositing refuse or debris on the ground or in bodies of water; hitpsselbrary judiciary gowphvthebooksheltshowdocstiendy/2/84990 2230