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DENR ADMINISTRATIVE ORDER NO.

2007-17 ON THE RULES AND
REGULATIONS GOVERNING SPECIAL
USES WITHIN PROTECTED AREAS Photography

AND ITS ADDENDUM (DAO 2018-05)

Jobert John B. Bandol, En.P.

Restroom
 CROSSWORD PUZZLE
ACROSS
1. place, amenity, or piece of
equipment in a PA
C 2. minerals, forests, water, and land
O that can be found in our PA
S 3. Passage that allows access to a PA
F A C I L I T Y DOWN
E 4. an amount to be paid or spent in
R E S O U R C E S building and maintaining natural and
S S man-made resources in PAs
5. payment for goods and services
E
provided by our PAs
E N T R A N C E
6. people utilizing the benefits of
S ecosystem services provided by PAs
 Outline of Presentation

1. Legal bases, scope, objectives and significance of

SAPA implementation
2. Current Situation
3. Salient Features of the DAO 2007-17 and DAO 2018-
05
4. Processes and procedures involved in SAPA
implementation?
 LEGAL BASIS

 Sec. 10.d and h of RA 7586 as

amended by RA 11038

 Rule 11.1.6 and 11.1.8 of DAO

2008-26

 DAO 2007-17: “ Rules and

Regulations governing SAPA”
and its Addendum (DAO 2018-05)
 LEGAL BASIS
 M.O. of the Secretary dated Jan.
31, 2011 suspending SAPA
implementation due to
nonstandard rates

 Memorandum from the Secretary

dated 15 March 2018 lifting
SAPA implementation
suspension

 Memorandum from the Secretary

dated 22 July 2018 on the
directives in SAPA
implementation
 BACKGROUND
LIST OF APPROVED SAPA
CAR – 2 (Hydro Electric Power Plant Project)
R3 – 3 (Unloading jetty, small craft jetty,
discharge channel and reclaimed land,
Ecotourism Cultural Project, and
cooling water discharge /circulating
water intake pipe)
R4A – 2 (Reforestation/restoration Project and
Sun Cellular's Transmitter Tower
Project)
Mindanao Geothermal Field-Mt. Apo
R10 – 2 (Tree tops and Boardwalk Project;
Adventure Park)
R11 – 2 (Mindanao Geothermal Production
Field Project; Re-injection Pipelines)
 BACKGROUND
List of Approved SAPA as of June 2018
Region Name of PA
SAPA No./
Date Issued
Name of Holder
Approved
Area
Project Type SAPA Fee (PhP)
Remarks (Total SAPA
Fee Paid from start of
SAPA Approval to date
FY 2018)
CAR 1. Upper Agno 1. SAPA No. CAR- SN Aboitiz Power-Benguet, 88,481 sq.m. Ambuklao Hydro Electric 425,000.00/year One time payment
River Basin 001 Inc.(formerly SN Aboitiz Power Plant (AHEPP) amounting to Php 10M
Resource Power Hydro, Inc.)
Reserve
2. Lower Agno 2. SAPA No. CAR - SN Aboitiz Power-Benguet, 89,887 sq. m. Binga Hydro Electric 430,000.00/year One time payment
Watershed 002 Inc.(formerly SN Aboitiz Power Plant (BHEPP) amounting to Php 10M
Forest Reserve Power Hydro, Inc.)

3 3. Masinloc-Oyon 3. SAPA No. DENR Alpha Water and Realty 170,025 sq.m Unloading jetty, small 15,000.00/month Requested information
Bay Marine III-2010-01 Services Corporation craft jetty, discharge from Regional Office but
Reserve 23 Mar 2010 (AWRSC) channel and reclaimed no response yet
land
4. SAPA No. DENR Alpha Waters and Realty 40.55 ha. Cooling water discharge 152,699.20/month Requested information
III-2010-01-A Services Corporation canal/circulating water from Regional Office but
13 May 2014 (AWRSC) intake pipe no response yet
4. Bataan 5. DENR No. III- Westshore Dev't. Corp. 272.50 ha. Ecotourism Cultural 100,000/yr. for first 5 1.5M (from 2010-2018
National Park 2009-01/ Project yrs. (2008-2012) with OR)
12 Nov 2009 200,000/yr. for the 6th-
10th year (2013-2017
300,000/yr. for the 11th -
15th year (2018-2022)
450,000/yr. for the 16th-
20th year (2023-2027)
675,000/yr. for the 21st-
25th year (2028-2032)
 BACKGROUND
List of Approved SAPA as of June 2018 Remarks (Total
SAPA Fee Paid from
Approved
Region Name of PA SAPA No./Date Issued Name of Holder Project Type SAPA Fee (PhP) start of SAPA
Area
Approval to date FY
2018)
4-A 5. Marikina Watershed 6. SAPA No. ________ CARE Foundation, Inc. 201 ha Forest Plantation not specified Requested
Reservation 9 Oct 2009 information from
6. Buenavista 7. SAPA No. DENR Digitel Mobile Philippines, 256 sq.m. Sun Cellular's 4,000.00/ month Regional Office but
Protected 4A/2009-001 Inc. (DMPI) Transmitter Tower no response yet
Landscape 23 Feb 2010
10 7. Initao-Libertad PLS 8. DENR X-2010-01 Provincial Government of 5000 sq.m Treetops and Boardwalk 10.00/head/visitor Requested
28 Jan 2010 Misamis Oriental Project share of the IPAF information from
from the LGU Regional Office but
no response yet
8. Mt. Malindang 9. DENR X MMRNP SAPA Highland Stone Chapel 11,700 sq. m Highland Stone Chapel Php 4,212/ yr and PhP 305,342.00
Natural Park No. 2011-01 Adventure Park Php 10 per visitor
9 Dec 2011
11 9. Mt. Apo Natural 10. DENR XI -2009-01 Energy Development 3 ha. Mindanao Geothermal 9,000/yr. Operating and
Park 22 Apr 2009 Corporation Production Field/ (re- regularly paying the
injection pad) within SAPA fee; total SAPA
Buffer Zone, Parcel 2 of fee paid as of FY
MANP 2018
Php 102,393.32
11. DENR XI -2010-01 Energy Devtelopment 10.66 ha KL-5RD Development 33,000/yr. Operating and
25 Jan 2011 Corporation Project/(Reinjection regularly paying the
Pipeline(s)/Corridor(s) SAPA fee; total SAPA
/Energy Support Zone, fee paid as of FY
Buffer Zone/ Parcel 2 , 2018
MANP Php 351,249.96
 BACKGROUND
PENDING SAPA
 Eighty-four (84) pending
SAPA applications
 within twenty-two (22)
protected areas in 8
Regions
 The Net Present Value of
the projected SAPA
revenues is estimated at
PhP 1.09 Trillion for 25
years
 Definition of Terms
Special Uses
include activities and
introduction of development
consistent with the Protected
Area Management Plan (PAMP).

Special Use Agreement in

Protected Areas (SAPA)
a binding instrument between
the DENR through the PAMB as
the 1st Party, and with the
applicants (IPs, TMs, LGUs,
Private Sector and other
stakeholders) as the 2nd party.
 Definition of Terms
Zonal Value
the amount set by the BIR with
the assistance of realtors and
other knowledgeable persons in
the area as the basis for capital
gains, transfer, donor's and
creditable withholding taxes,
expropriation and other
transactions with the
Government

Development Fee
the fee for the use of land or
other resources for the privilege
of undertaking small, medium
and other bigger scale
development.
 SAPA Objectives
 To provide access and
economic opportunities to
indigenous peoples, tenured
migrant communities and
other stakeholders of protected
areas thereby contribute in the
reduction of poverty incidence;

 To optimize special uses of

protected areas consistent with
the principles of sustainable
development and biodiversity
conservation in cooperation w/
the stakeholders;
 SAPA Objectives

 To guide the development of

the appropriate zones of
protected areas in
accordance with their
management objectives; and

 To earn revenues for the

sustainability of protected
areas management

 Income from SAPA fees

will accrue to IPAF as one
major source of PA
income.
 SCOPE AND COVERAGE
 SAPA may be issued w/in PAs
except in Strict Nature
Reserves and shall be
confined only to the
management zones of the PA
appropriate for the purpose.

 SAPA can be issued only in

PAs whose management zones
have been identified and
delineated.
 KINDS OF SPECIAL USES
The following are the special uses that may
be allowed, but not limited to, within
protected areas, subject to the issuance of
an ECC and approval by the Secretary or
his duly authorized representative:

a.Ecotourism facilities
b.Camp sites
c.Communication facilities
d.Transmission lines,
e.Irrigation canals/waterways
f.Rights-of-way (transmission lines, comm’n
facilities, etc.)
g.Aquaculture
h.Scientific Monitoring Stations
i.Agroforestry
j.Forest Plantation
 SAPA Objectives
 To provide premium to
ecosystem services
provided by PAs, e.g., water
production, which are
limited resources

 To generate revenues
which can be utilized for
improved management and
operations of the protected
area; thereby decreasing
required national
government subsidy
 SAPA Objectives

 To serve as a regulatory tool or

disincentive for increased
resource uses beyond the
carrying-capacities of PAs

 To increase local economic

opportunities, e.g., increased
local employment from
ecotourism establishments

 Income from SAPA fees will

accrue to IPAF as one major
source of PA income.
 SALIENT FEATURES

 5% of the most recent

zonal value of the
commercial zone in the
nearest barangay or
municipality every year
multiplied by the area
applied for dev’t

+
 1% value of
improvements as premium
to the protected area.
- subject to an increase of
10% every five years. https://www.bir.gov.ph/index.php/zonal-values.html
 SAMPLE COMPUTATION OF SAPA FEE

Area Zonal Value Dev’t Fee 1 % Dev’t Fee as ANNUAL SAPA FEE
Applied (B) 5 % of Area applied x premium to PA C+D
(A) Zonal Value/sq.m (D)
(C)
C = 5% x B x A D= 1% x Value of
Improvement

50,000 Zonal value 5% x 1,000 x Value of PhP 2,500,000 +

sq.m. PhP 50,000 sq.m. Improvement: PhP 500,000
1,000/sqm = PhP 2,500,000 P50M x .01 = =
P500,000 PhP 3,000,000
 EXERCISE: SAPA FEE COMPUTATION

Area Zonal Value Dev’t Fee 1 % Dev’t Fee as ANNUAL SAPA FEE
Applied (B) 5 % of Area applied x premium to PA C+D
(A) Zonal Value/sq.m (D)
(C)
C = 5% x B x A D=1% x Value of
ImprovemeNT

100,000 Zonal value Value of

sq.m. PhP improvement:
2,000/sqm P100,000,000
 EXERCISE: SAPA FEE COMPUTATION

Area Zonal Value Dev’t Fee 1 % Dev’t Fee as ANNUAL SAPA FEE
Applied (B) 5 % of Area applied x premium to PA C+D
(A) Zonal Value/sq.m (D)
(C)
C = 5% x B x A D=1% x Value of
Improvement

100,000 Zonal value 5% x 2,000 x Value of 10 M

sq.m. PhP 100,000 sq.m. improvement: +
2,000/sqm = PHP 10 MILLION P100,000,000 x 1% 1M
= PhP 1 MILLION ______________
PHP 11 MILLION
 SALIENT FEATURES

 The annual SAPA

fee shall be paid
upon issuance of
SAPA and annually
thereafter within
thirty (30) days
from the date of
issuance.
 SALIENT FEATURES

 Failure to pay within

the prescribed period
shall be subject to
surcharges of 8.33%
monthly for late
payment or 100% for
one (1) year

 An administrative fee
of Php 5,000.00 shall
also be paid by the
proponent for every
SAPA application filed.
 SALIENT FEATURES

• Environmental programs
and/or projects
implemented and services
rendered by the proponent
shall be accounted for by
the DENR

• Submission of annual
report on accomplishments
of such programs or
projects to the concerned
PAMB
 SALIENT FEATURES

• All existing
Memorandum of
Agreement (MOA) on
Special Uses within
Protected Area shall
be converted into
SAPA in accordance
with DAO 2007-17
and this Order.
 SALIENT FEATURES

• RA 11038 - A sufficient
bond shall be remitted by
the proponent to the DENR
to be released to the
depository bank in the
event of damage by or
closure of the establishment
after satisfactory
rehabilitation according to
the zones and objectives of
the management plan as
attested to by the PAMB.
SAPA Requirements
SAPA Requirements – Application Form
SAPA Requirements – Attachments
FLOWCHART OF SAPA PROCESSING
Terms and Conditions of the SAPA
 EXPECTED OUTCOMES FROM SAPA

 Improved biodiversity management

and promote conservation values

 Increased PA income = reduced

government subsidy = increased
budget allocation for other equally
important social services

 Increased private sector stakeholder

participation in PA management
 WHAT DID WE LEARN?
Addendum To DAO 2007-17 On SAPA Rules and Regulations

• Computation of SAPA Fees (5% ZV x Area applied for dev’t)+(1% Devt Cost),
Admin Fee = PhP 5,000
• Dev’t fees shall be paid by the proponent upon issuance of SAPA and annualy
thereafter within 30 days from the date of issuance
• Failure to pay within the prescribed period shall be subject to surcharges of
8.33% monthly for late payment or 100% for one (1) year
• SAPA may be issued for development activities allowed in PAMP
• SAPA may be issued w/in PAs except in Strict Nature Reserve and shall be
confined only to the management zones of the PA appropriate for the purpose
• SAPA can be issued only in PAs whose management zones have been identified
and delineated.
• subject to the issuance of an ECC and approval by the Secretary or his duly
authorized representative.
• A sufficient bond shall be remitted by the proponent to the DENR to be
released to the depository bank in the event of damage by or closure of the
establishment after satisfactory rehabilitation
THANK YOU FOR LISTENING!
