11/12/2019 Republic Act No.

11038

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Seventeenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand seventeen.

REPUBLIC ACT No. 11038

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" .

Section 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
is hereby declared the policy of the State to secure for the Filipino people of present for future
generations, the perpetual existence of all native plants and animals through the establishment of a
comprehensive system of integrated protected areas within the classification of national park as
provided for in the Constitution.

"It is hereby recognized that these areas, although distinct in features, possess common ecological
values that may be incorporated into a holistic plan to conserve and protect our natural heritage; that
effective administration of these areas is possible only through cooperation among the national
government, local governments, concerned nongovernment organizations, private organizations, and
local communities; that the use and enjoyment of these protected areas much be consistent with the
principles of biological diversity and sustainable development.

"To this end, there is hereby established a National Integrated Protected Areas System (NIPAS), which
shall encompass ecologically rich and unique areas and biologically important public lands that are
habitats of rare and threatened species of plants and animals, biogeographic zones and related
ecosystems, whether terrestrial, wetland or marine, all of which shall be designated as 'protected
areas'. The System shall recognize conservation areas and the management regimes being
implemented by local government units (LGUs), local communities and indigenous peoples (IPs).

"The State shall ensure the full implementation of this Act, the mobilization of resources for the
institutional mechanisms herein established, and the full scientific and technical support needed for
the conservation of biodiversity and the integrity of the ecosystems, culture and indigenous
practices."

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

"Sec. 4. Definition of Terms. - For purpose of this Act, the following terms shall be defined as follows:

"(a) Biological diversity or biodiversity refers to the variability among the living organisms from
all 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 refers 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) By-products or Derivatives refers 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 may 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

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system (GPS) or other applicable survey instruments and technologies, 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 refers to the multitude of material and nonmaterial
provisions and benefits from healthy ecosystems necessary for human sustenance, well-being,
and survival including support processes, provisioning and environment regulating services,
and cultural resource preservation services;

"(j) Endemic species refers 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;

"(l) Exploration refers to the act of searching or prospecting for mineral resources, as defines
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) Genitically 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 such as guns, bow 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) Invasive alien species refers to species introduced deliberately or unintentionally outside
their natural habitats where they have the ability to establish themselves, invade, outcompete
native species, 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, agroforestry, extraction activities, and income generating or livelihood
activities, and 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 NIPAS 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 significant 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 resources uses not allowed and is maintained to protect outstanding natural and
scenic areas of national or international significance for scientific, educational, recreational
use;

"(z) 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 that 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 diversity and protected against destructive human
exploitation;

"(cc) Protected Area Occupants refers to persons who are residing, utilizing, and cultivating
areas within the protected area. These include private owners, IPs, tenured migrants and
1 â w p h i1

informal settlers;

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"(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
(PAMB) created pursuant to this Act representing the seventy-five percent (75%) of revenues
generated from the protected area to sipport its operation and management;

"(ee) Protected landscapes and/or seascapes refer to areas of national significance which are
charactertized by the harmanonious interaction of man and land and water while providing
opportunities for public enjoyment through recreation, tourism, and other economic activities;

"(ff) Protected species refers 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
(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 resources utilization goals which are based upon appropriate
information and planning;

"(ii) Special Account in the General Fund (SAGF) refers to the trust 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 to preserve nature in its undisturbed state and to preserve nature in its
undisturbed state and to preserve ecologically representative examples of the natural
environment to ensure their availability for scientific study, environmental to ensure their
availability for scientific study, environmental monitoring, education, and for the for the
maintenance of genetic resources in a dynamic and evolutionary state;

"(kk) Tenure migrants refer to protected area occupants who have been actually, continuously
and presently 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, and 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 refers to wide variety of inland habitats such as marshes, peatlands,
floodplains, rivers and lakes, and coastal areas such as saltmarshes, mangroves, intertidal
mudfats and seagrass beds, and also coral reefs and other marine areas no deeper than six
(6) meters at low, as well as human-made wetlands such as dams, reservoirs, rice paddies and
wastewater treatment ponds and lagoons;

"(nn) Wildlife refers to the wild forms and varieties of flora and fauna, in all developmental
stages, including those who which are in capacity or are being bred, fed, or propagated; and

"(oo) Wildlife Sanctuary. - refers to an area which assures the natural conditions necessary to
protect nationally significant species, group of species, biotic communities or physical features
of the environment which may require specific human manipulations for their perpetuation."

Section 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.1.) 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 Banayoyo Protected Ilocos Sur 1,042.29

Landscape
6 Salcedo Protected Landscape Ilocos Sur 196.33
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(formerly Sta. Lucia Protected
Landscape)
7 Agoo Damortis Protected Landscape La Union 10,774.68
and Seascape

8 Manleluag Spring Protected Pangasinan 1,938.83

Landscape
9 Palaui Island Protected Landscape and Cagayan 8,048.57
Seascape

10 Peñablanca Protected Landscape and Cagayan 118,653.67

Seascape
2
11 Tumauini Watershed Natural Park Isabela 6,509.38

12 Salinas Natural Monument Nueva Vizcaya 5,966.05

13 Casecnan Protected Landscape Quirino, Nueva 86,246.77
Vizacaya, and Aurora
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
3
17 Talaytay Protected Landscape Aurora 3,598.31
18 Bataan Natural Park Bataan 20,004.17

19 Roosevelt Protected Landscape Bataan 950.43

20 Masinloc and Oyon Bay Protected Zambales 7,558.00
Landscape and Seascape
21 Las Piñas-Parañaque Critical Habitat Las Piñas City and 181.63
and Ecotourism Area (LPPCHEA), also Parañaque City
NCR known as Las Piñas-Parañaque
Wetland Park

22 Ninoy Aquino Parks and Wildlife Center Quezon City 23.85

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 Landscape Quezon 183.15

4A 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 Protected Rizal 26,125.64
Landscape

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

4B
34 Mts. Iglit-Baco Natural Park Occidental and Oriental 106,655.62
Mindoro

35 Mt. Guiting-Guiting Natural Park Romblon 15,515.22

5 36 Mt. Mayon National Park Albay 5,327.15

37 Ticao Burias Pass Protected Seascape Albay, Masbate and 414,244.00

Sorsogon

38 Abasig-Matogdon-Mananap Natural Camarines Norte 5,918.312

Biotic Area
39 Bicol Natural Park Camarines Sur 5466.35

40 Buhi Wildlife Sanctuary Camarines Sur 1,620.65

41 Lagonoy Natural Biotic Area Camarines Sur 443.63

42 Malabungot Protected Landscape Camarines Sur 147.71

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

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46 Bulusan Volcano Natural Park Sorsogon 3641.47

47 North west Panay Peninsula Natural Aklan and Antique 12.009.29

Park
6
48 Sibalom Natural Park Antique 6,778.44

49 Northen Negros Natural Park Negros Occidental 70,826.16

50 Albirquerque-Loay-Loboc Protected Bohol 1,165.51
Landscape and Seascape

51 Chocolate Hills Natural Monument Bohol 13,994.95

52 Panglao Island Protected Seascape Bohol 2,445.08
53 Rajah Sikatuna Protected Landscape Bohol 10,964.64

54 Talibon Group of Island Protected Bohol 6,446.31

Landscape and Seascape
7 55 Camotes Island Protected Landscape Cebue 1,436.31
and Seascape

56 Olango Island Wildlife Sanctuary Cebu 1,382.29

57 Tañon Strait Protected Seascape Cebu, Negros 534,589.05
Occidental and Oriental

58 Apo Island Protected Landscape and Negros Oriental 691.40

Seascape
59 Balisasayao Twin Lakes Natural Park Negros Oriental 8,016.05

60 Cuatro Islas Protected Landscape and Leyte 11,407.46

Seascape
61 Lake Danao Natural Park Leyte 2,244.16
62 Mahagnao Volcano Natural Park Leyte 340.82

63 Guiuan Marine Resource Protected Eastern Samar 66,725.26

Landscape and Seascape
8
64 Biri Larosa Protected Landscape and Northern Samar 32,284.14
Seascape

65 Calbayog Pan-as Hayiban Protected Samar 5,067.93

Landscape
66 Samar Island Natural Park Samar, Eastern Samar 335,105.57
and Northern Samar

67 Basilan Natural Biotic Area Basilan 4,545.99

68 Aliguay Island Protected Landscape Iablea City 1,189.36
and Seascape
69 Turtle Islands Wildlife Santuary Tawi-Tawi 242,958.29

70 Great and Little Sta. Cruz Island Zamboanga City 1,827.16

Protected Landscape and Seascape
71 Pasonanca Natural Park Zamboanga City 12,102.08

72 Jose Rizal Memorial Protected Zamboanga del Norte 474.82

Landscape
9
73 Murcielagos Protected Landscape and Zamboanga del Norte 100.40
Seascape

74 Selinog Island Protected Landscape Zamboanga del Norte 959.41

and Seascape
75 Siocon 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

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 4,236.19

10 82 Baliangao Protected Landscape and Misamis Occidental 315.50
Seascape

83 Initao-Libertad Protected Landscape Misamis Oriental 921.02

and Seascape
84 Mt. Balatukan Range Natural Park Misamis Oriental 8,437.86

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11 85 Mabini Protected Landscape and Compostela Valley 7,292.62
Seascape
86 Mainit Hot Spring Protected Landscape Compostela Valley 1,422.63

87 Aliwagwag Protected Landscape Davao Oriental and 10,261.06

Compostela Valley
88 Mati Protected Landscape Davao Oriental 884.46

89 Pujada Bay Protected Landscape and Davao Oriental 20,873.43

Seascape
90 Saragani Bay Protected Seascape General Santos City 210,887.69
and Sarangani
12
91 Mt. Matutum Protected Landscape South Cotabato and 13,947.00
Sarangani

92 Agusan Marsh Wildlife Sanctuary Agusan del Sur 40,940.96

93 Siargao Island Protected Landscape Surigao del Norte 283,974.77
13
and Seascape

94 Tinuy-An Falls Protected Landscape Surigao del Sur 4,321.75

"The boundaries and technical description of each protected area as described in the attached
Annex, which are duly certified accurate on every page thereof by the National Mapping and
Resource Information Authority (NAMRIA) are hereby adopted and made an integral part thereof.

"The DENR, with the assistance of other government agencies, if necessary, shall delineate and
demarcate on the ground the boundaries of each protected area which shall not be modified except
by an act of Congress.

"(a.2.) The Remaining Initial Components. - Within three (3) years from the effectivity of
this Act, the DENR shall undertake the following activities in preparation for the
establishment of the remaining initial components as protected areas through an act of
Congress:

"(1) Provide maps and technical descriptions of the areas;

"(2) Conduct suitability assessment of the areas; and

"(3) Conduct public consultations.

Any initial component that does not satisfy the abovementioned 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 regulations governing them, copies of public notices of, and
reports submitted to Congress regarding pending additions, eliminations, or modifications shall be
made available to the 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 is
completed, to wit:

"(1) A Protected area occupants survey;

"(2) An ethnographic study;

"(3) A protected area resource profile;

"(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 other means 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 units (LGUs) in the affected areas, national agencies
concerned, people's organizations (POs) and nongovernment organizations (NGOs) and
request for corresponding postion papers; and

"(4) Prepare recommendations based on the views and comments gathered from 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 ot reclassification of each area."

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Section 5. Section 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 legislative enactment."

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

"Sec. 8. Buffers Zones. - When necessary, the DENR Secretary, upon the recommendation of the
PAMB, may be 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."

Section 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 small serve as the basic long-
term framework plan for the management 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,
socioeconomic and scientific researches, site-specific policy development, climate change adaptation
and mitigation, disaster risk reduction and management, waste sewerage and septic 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 Right Act of
1997', the respective Compreshensive Land Use Plans (CLUPs) of local governments required under
Republic Act No. 7160 or the 'Local Government Code of 1991' and other local plans."

Section 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 Area
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), its collection of
fees, and disbursements from the IPAF;

"(g) Designate the appropriate Chairperson of each PAMB;

"(h) Enter into contracts and/or agreements with private entities or public agencies as
may be necessary to carry out the objectives of the System;

"(i) Accept in the name of the Philippine Government and in behalf of NIPAS funds, gifts
or bequest of money for immediate disbursements or other property in the interest of the
NIPAS, its activities or its services;

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

institutions, NGOs and the private sector as may be necessary to accomplish the
objectives and activities of the System;

"(k) Submit an annual report to the President of the Republic of the Philippines and to
Congress on the status of protected areas in the country;

"(l) Oversee and set guidelines in the construction, operations and maintenance of
roads, trails, waterworks, sewerage systems, fire protection, sanitation systems and other
public utilities within the protected area;

"(m) Within the limits allowed by existing laws, rules and regulations ensure that
settlement areas inside the protected area shall not be expanded and that coverage
shall only be limited to the original area/s occupied by tenured migrants and indigenous
communities; and

"(n) Perform such other functions as may be directed by the President of the Republic of
the Philippines, and to do cuh acts as may be necessary to the accomplishment of the
purposes and objectives of the System."

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

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"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) Chairpeson/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);

"(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 (3) representatives from all the IPs/ICCs
present in the area and recognized by the National Commission on Indigenous Peoples
(NCIP);

"(j) One (1) representative from an academic institution, preferably from a university or
college in the province where the protected area is located, with proven track record in
or related is located, with proven track record in or related to the protected area
management; and

"(k) One (1) representative from the private sector, preferably a resident of the province
where the protected area is located, who is distinguished in a profession or field of
interest relevant to the protected area management.

" Ex officio members or members of the PAMB by virtue of their elective or appointive government
positions as specified in the immediately preceding subparagraphs (a), (b), (c), (d), (e), (f), and (g),
shall serve for the duration of their respective terms of office in their respective elective or appointive
government positions.

"On the other hand, the members of the PAMB specified under subparagraphs (h), (i), (j), and (k) of
this section shall be appointed by the DENR Secretary after the conduct of a transparent and fair
selection process. They shall each serve a term of three (3) years and may be reappointed for
another term.

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

"The 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 apointed
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 are duly appointed by the DENR Secretary: Provided,
further, That at 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 from regular meetings of the
management board;

"(2) Commission of acts prejudicial to the management of protected areas as embodied

in Section 20 hereof and/or other existing rules and regulations governing protected
areas;

"(3) Disassociation from the office or organization being represented;

"(4) Termination of relationship with the office or organization being represented; or

"(5) Conviction by final judgment of any criminal act."

Section 10. Insert two (2) 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;

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"(b) Approve policies, plans and programs, proposals, agreements, and other related
documents for the management of the protected areas;

"(c) Approve the management plan of the protected area and ensure its harmonization
and integration with the ADSDPP, land use plan and other development plan public or
private, and its implementation;

"(d) Adopt a manual of operations to include rules of procedures in the conduct of

business, and the creation of committees and their respective terms of reference;

"(e) Recommend the deputation of appropriate agencies and individuals for the
enforcement of the laws, rules and regulations governing the management of protected
area;

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

"(g) Set fees and charges in accordance with the existing guidelines;

"(h) Issue rules and regulations for the resolution of conflicts through appropriate and
effective means;

"(i) Recommend appropriate policy changes to the DENR and other governing
authorities;

"(j) Monitor and assess the performance of the protected area personnel and compliance
of partners with the terms and conditions of any undertaking, contract or agreement;

"(k) Recommend from among a shortlist of qualified candidates, the designation or

appointment of the PASU; and

"(l) Assess the effectiveness of the management of the protected area: Provided, That
the members of the management board representing the LGUs and national agencies in
the PAMB shall inform their respective constituents, offices or sectors, of PAMB-approved
or other relevant policies, rules, regulations, programs, and projects and shall ensure
that the provisions of this Act and its implementing rules and regulations are complied
with, and used as reference and framework in their respective plans, policies, programs,
and projects. Failure to comply with the foregoing shall be the basis for disciplinary
action against such member according to administrative rules and regulations and such
penalties as the PAMB may provide: Provided, further, That The DENR, through the
Regional Director, shall ensure that the PAMB acts within the scope of its powers and
functions. In case of conflict between the resolutions issued by the PAMB and the existing
administrative orders of national application, the latter shall prevail."

"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 management, protection and
administration of the protected area. A sufficient numberof 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 PAMB and its committees and ensure the
availability of relevant and timely information for decision-making;

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

"(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

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, protection 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 PAMS: Provided, That all permits for extraction activities, including collection for
research purposes, shall also continue to be issued by relevant authorities, subject to
prior clearance from the PAMB, through the PASU, in accordance with the specific acts to
be covered;

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"(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 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."

Section 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 adverse impacts as determined by the Environmental Management Bureaus (EMB),
whether or not these projects or activities are included in the management plan, shall secure an
Environmental Compliance Certificate (ECC) in accordance with the Philippine Environment Impact
Statement (EIS) System: Provided, That for development projects and activities that are not
environmentally critical, an initial environmental examination (IEE) shall be undertaken instead of a
full-blown EIA. No project or activity may be undertaken by any project proponent without prior
clearance from the PAMB. The DENR shall require the submission of the PAMB clearance, among
others, before issuing an ECC to a project proponent.

"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."

Section 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 customary 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."

Section 13. Section 14 of Republic Act. No. 7586 is hereby amended 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 be made 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 undergo the EIA as provided by law, and shall adopt
reduces 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 the PAMB."

Section 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
instrumentalities other than the DENR, such jurisdiction shall remain in the said department or
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."

Section 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 purpose of financing the projects and sustaining
the operation of protected areas and the System. Income generated from the operation and
management of 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.

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"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 disbursement 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 endowments 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 as a 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, 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."

Section 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, bequests and endowments, 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."

Section 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 prosecutors shall coordinate with the
PAMB and the PASU in the performance of duties and assist in the training of wardens and rangers in
arrest and criminal procedures. The PAMB may retain the services of counsel to prosecution of cases
under the direct control and supervision of the regular or special prosecutor. Said counsel shall also
represent and defend the members of 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."

Section 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 authorization or
exemption only for culling, scientific research , the exemptions provided under Section
27(a) of Republic Act No. 9147 (Wildlife Resources, Conservation and Protection Act) or
harvests of nonprotected species in multiple-use zones by tenured migrants and IPs;

"(c) Cutting, gathering, removing or collecting timber within the protected area including
provate lands therein, without the necessary permit, authorization, certification of planted
trees or exemption such acts are done in accordance with the duly recognized practices
of the IPs/ICCs for subsistence puposes;

"(d) Possessing or transporting outside the protected area any timber, forest products,
wildlife, or by-products derived therefrom which are ascertained to have been taken from
the protected area other that exotic species, the culling of which has been authorized
under an appropriate permit;

"(e) Using any fishing or harvesting gear and practices or any of their variations that
destroys coral reefs, seagrass beds or other marine life and their associated habitats or
terrestrial habitat as may be determined by the DA or the DENR; Provided, That mere
possession of such gears within the protected areas shall be prima facie evidence of
their use;

"(f) Dumping, throwing, using, or causing to be dumped into or places in the protected
area of any toxic chemical, noxious or poisonous substance or nonbiodegradable
material, untreated sewage or animal waste or products whether in liquid, solid or gas
state, including pesticides and other hazardous substances as defined under Republic
Act No. 6969, otherwise known as the "Toxic Substances and Hazardous and Nuclear
Waste Control Act of 1990' detrimental to the protected area, or to the plants and
animals or inhabitants therein;

"(g) Operating any motorized conveyance within the protected area without permit 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;

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"(i) Engaging in 'kaingin' or, any manner, causing forest fires inside the protected area;

"(j) Mutilating, defacing, destroying, excavating, vandalizing or, in any manner damaging
any natural formation, religious, spiritual, historical sites, artifacts and other objects of
natural beauty, scenic value or objects of interest to IPs/ICCs;

"(k) Damaging and leaving roads and trails in damaged condition;

"(l) Littering or depositing refuse or debris on the ground or in bodies of water;

"(m) Possessing or using blasting caps or explosives anywhere within the protected area;

"(n) Occupying or dwelling in any public land within the protected area without clearance
from the PAMB;

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

conducting any business enterprise within the protected area without prior clearance
from the PAMB and permit from the DENR, or conducting these activities in a manner that
is inconsistent with the management plan duly approved by the PAMB;

"(p) Undertaking mineral exploration or extraction within the protected area;

"(q) Engaging in commercial or large-scale qaurrying within the protected area;

"(r) Establishing or introducing exotic species, including GMOs or invasive alien species
within the protected area;

"(s) Conducting bioprospecting within the protected area without prior PAMB clearance in
accordance with existing guidelines: Provided, That in addition to the penalty provided
herein, any commercial use of any substance derived from nonpermitted bioprospecting
within a protected area will not be allowed and all revenue earned from illegal
commercialization thereof shall be forfeited and deposited as part of the I{AF;

"(t) Prospecting, hunting or otherwise locating hidden treasure within the protected area;

"(u) Purchasing or selling, mortgaging or leasing lands or other portions of the protected
area which are covered by any tenurial instrument; and

"(v) Constructing any permanent structure within the forty (40)-meter easement from the
high water mark of any natural body of water or issuing a permit for such construction
pursuant to Article 51 of Presidential Decree No. 1067: Provided, That construction for
common usage wharves and shoreline protection shall be permitted by the PAMB only
after thorough EIA."

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

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

"(a) A fine of not less than Two hundred thousand pesos (P200,000) but not more than One
million pesos (P1,000,000) or imprisonment from one (1) year but not more than six years, or
both, plus damages of triple the value of the said resources, or both, shall be imposed upon
any person who violates paragraphs (a) to (e) of Section 20 herein;

"(b) A fine of not less than Two hundred thousand pesos (200,000) but not more than One
million pesos (P1,000,000) or imprisonment from one (1) year but not more than six years, or
both, shall be imposed upon any person who violates paragraphs (f) to (p) of Section 20
herein;

"(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 change shall submit a plan for a substitute facility that complies with the
protected area standards and, within one (1) year, execute the approved protected area
management plan;

"(e) Administrative fines of not less that Fifty thousand pesos (P50,000), but not exceeding Five
million pesos (P5,000,000), shall be imposed by the DENR Secretary for the violation of any
rule, regulation, or provision of any agreement reached with the PAMB: Provided, That if an
area which has sustained damage from any activity conducted therein requires rehabilitation or
restoration as determined by the court, the offender shall be required to restore of pay
compensation for damage, which payment shall accrue to the IPAF.

"On the basis of a court order, the DENR shall cause the eviction of an offender from the protected
area: Provided, That in cases of emergency, the DENR Secretary may order the immediate exit or
departure the offender from the protected area. The DENR Secretary may call on other enforcement
agencies to assist in executing the order to vacate.

"An emergency occurs when there is a demonstrated impending threat to human life and biodiversity
or to species found within yje ecosystem of the protected area. 1 â w p h i1

"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 conveyance, vessels, equipment, paraphernalia, implements, gears, tools, and similar devices
used in the commission of the crime shall de dealth with in accordance with Part 4, Rule 12 (Custody

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and Disposition of Seized Items, Equipment, Paraphernalia, Conveyance and Instruments) of
Administrative Matter No. 09-6-8-SC (Rules of Procedures for Environmental Cases) issued by the
Supreme Court. However, in no case shall any confiscated or rescued protected animal species be
sold or in any manner disposed of but shall be immediately turned over to the PAMO for rehabilitation
and release to its natural habitat, subject to existing regulations. Valuation of the damages shall take
into account biodiversity and conservation considerations as well as aesthetic and scenic value. The
valuation and assessment by the DENR, in coordination with other concerned government agencies,
shall be presumed regular, unless otherwise proven by the preponderance of evidence.

"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
firce their workers to commit any of the same, shall be liable as principal.

"The penalties specified in this section shall be in addition to the penalties provided in Republic Act
No. 9072 or the National Caves and Cave Resources Management and Protection Act', Republic Act
No. 9147 or the 'Wildlife Resources Conservation and Protection Act', Republic Act No. 8550 or the
'Philippine Fisheries Code of 1998' and other related laws.

"The conviction of a public officer of the law whether from the LGU or any national government
agency for any violation of the provisions of this Act shall carry the accessory penalty of perpetual;
disqualification from public office."

Section 20. Insert twelve (12) new sections after Section 21 of Republic Act No. 7586 to read as follows:

"Sec. 22. Existing Rights. - All property and private rights within the protected area and its buffer
zones already existing and/or vested upon the effectivity of this Act shall be protected and respected
in accordance with existing laws: Provided, That the exercise of such property and private rights shall
be harmonized, as far as practicable, with the provisions of this Act. Notwithstanding this Act, all
existing rights, contracts, or agreements entered into by government for utilization of natural
resources within protected areas shall continue to be recognized and governed by Philippine laws.

"The renewal of permits, contracts, and agreements shall be subject to the provisions of this Act. If
the permits, contracts, 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 the national
parks classification. As such, all holders of permits, contracts, and agreements are required to
prepare and submit a rehabilitation plan to the PAMB: Provided, That upon renewal, a sufficient bond
shall be remitted by the proponent to the DENR to be released to the depository bank in the event of
damage by a closure of the establishment after satisfactory rehabilitation according to the zones and
objectives of the management plan as attested to by the PAMB.

"The occupation of the 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
consideration shall be given to the intended for conservation and biodiversity as well as the obejctives
for protected areas to keep human habitation and environmental conservation in harmony."

"Sec. 23. Tenure Migrants and Other Protected Area Occupants. - Tenure migrants shall be eligibile
to become stewards portions of lands within multiple-use zones, The PAMB shall identify, verify and
review all tenurial instruments, land claims, 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 of sustainable development, the provision for the
transfer of the tenure migrants to multiple-use zones or buffer zones shall be accomplished through
just and humane means: Provided, That protected area 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 are.

"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 basis for tenured migrants recognition and issuance of
tenurial instruments. Within the two (2)-year period, the DENR Regional Director shall submit
accomplishment report every 6 (6) months.

"The DENR through the BMB shall issue guidelines for the determination of the reckoning period for
the recognition of the tenured migrants."

"Sec 24. Existing Facilities Within the Protected Area. Within sixty (60) days from the effectivity of this
Act, an inventory of all existing facilities such as roads, buildings and structures, water systems,
transmission lines, communication facilities, heavy equipment, and irrigation facilities, among others,
within the protected area shall be conducted.

"The DENR Regional Director shall submit the inventory of the facilities with corresponding
descriptions and an assessment report containing the appropriate recommendations to the DENR
Secretary through the BMB.

"The PAMB, with the assistance of the DENR, may impose conditions for the continuous operation of
a facility found to be detrimental to the protected area until its eventual relocation. If the conditions
are violated, the owner of the facility shall bemade liable pursuant to Section 21 (d) hereof.

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"Existing facilities allowed to remain within the protected area shall be charged a reasonable fee by
the PAMB based on existing guidelines. Structures found within the forty (40)-meter easement shall
be demolished unless proven necessary to protect the shoreline and mitigate habitat destruction. The
PAMB shall levy a reasonable fee for the use of such easement for their continued operations.
Wharves shall be kept accessible to the public.

"Sec. 24. Special Uses Within Protected Areas. - Consistent with Section 2 hereof, special uses may
be allowed within protected area except in strict protection zones and strict nature reserves. The
PAMB mat recommend the issuance of tenurial instrument subject to compliance to 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 the activity
shall not be detrimental to ecosystem functions and biodiveristy, 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 damage by or closure of the establishment after the satisfactory rehabilitation
according to the zones and objectives of the management plan as attested by the PAMB."

"Section 26. Local Government Units. (LGUs). - The 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
form twenty-five percent (25%) remittance requirement for the IPAF under Section 16 hereof.

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 LGU facilities:
Provided, That the LGUs shall not impose property tax on properties owned by the government nor
issue any tax declarations for areas covered by the protected area. Furthermore, LGUs may charge
add-ons to fees imposed by the PAMB: Provided, That such add-ons shall be based on the
contribution of the LGUs in the maintenance and protection of the protected area.

"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 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."

"Section 27. Reporting Responsibility. - The PASU, through the PAMB, shall submit an annual
accomplishment report of the protected area to the Secretary of 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 channels, 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."

"Section 28. Appropriations. - The Secretary of the DENR shall immediately include in the DENR's
program the implementation of this ACT, the funding of which shall be included in the annual General
Appropriations Act."

"Section 29. Construction and Interpretation. The provisions of this Act shall be construed liberally in
favor of the protection and rehabilitation of the protected area and the conservation and restoration
biological diversity taking into account the needs and interests of qualified tenured migrants, vested
rights, IPs and local communities, and the 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 Peoples' Rights Act of 1997."

"Section 30. Subsequent Site-Specific Legislation. - Upon the generation of site-specific requirements
for new legislation, the PAMB, through the DENR, shall endorse to Congress for its consideration and
enactment site-specific proposals to appropriately respond to the distinct and particular needs and
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."

"Section 31. Joint Congressional Oversight Committee. - To monitor and oversee the implementation
of this Act, a Joint Congressional Oversight Committee is hereby created. It shall be composed of the
Chairpersons of the Senate Committee on Environment and Natural Resources and the House
Committee on Natural Resources as Chairperson and Co-chairperson, respectively, five (5) members
each from the Senate and the House of Representatives as memberss: Provided, That two (2) of the
five (5) members are nominated by the respective minority leaders of the Senate and the House of
Representatives."

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

"Section 33. Transitory Provision. - In order to enhance biological diversity and to develop sustainable
livelihood opportunities for tenure migrants, the DENR shall henceforth cease to issue concessions,
licenses, permits, clearances, compliance documents or other instruments that allow utilization of
resources within the protected area until the management plan shall have been put into effect.

"All existing land use and resource use permits issued for purposes which are authorized within the
protected area shall be reviewed and shall not be renewed upon their expiration unless consistent
with the management plan and approved by the PAMB."

Section 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 full force and effect.

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11/12/2019 Republic Act No. 11038
Section 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.

Section 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,

PANTALEON D. ALVAREZ
Speaker of the House of Representatives

AQUILINO "KOKO" PIMENTEL III

President of the Senate

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

CESAR STRAIT PAREJA

Secretary General
House of Representatives

LUTGARDO B. BARBO
Secretary of Senate

Approved: June 22, 2018

RODRIGO ROA DUTERTE

President of the Philippines

The Lawphil Project - Arellano Law Foundation

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