Natural Resources and Environmental Laws part1

8/13/2019 Natural Resources and Environmental Laws part1

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REPUBLIC ACT NO. 7586

AN ACT PROVIDING FOR THE ESTABLISHMENT ANDMANAGEMENT OF

NATIONAL INTEGRATED PROTECTED AREAS SYSTEM,DEFINING ITS SCOPE AND COVERAGE, 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 no!n and referred to asthe "#ational $ntegrated Protected Areas System Act of %&&'"(

SECTION 2. )eclaration of Policy - Cogni*ant of the profoundimpact of man+s activities on all components of the naturalenvironment particularly the effect of increasing population, resourcee ploitation and industrial advancement and recogni*ing the criticalimportance of protecting and maintaining the natural biological andphysical diversities of the environment notably on areas !ithbiologically uni.ue features to sustain human life and development,as !ell as plant and animal life, it is hereby declared the policy of theState to secure for the /ilipino people of present and futuregenerations the perpetual e istence of all native plants and animalsthrough the establishment of a comprehensive system of integratedprotected areas !ithin the classification of national par as providedfor in the Constitution(

$t is hereby recogni*ed that these areas, although distinct in features,posses common ecological values that may be incorporated into aholistic plan representative of our natural heritage0 that effectiveadministration of this area is possible only through cooperationamong national government, local government and concernedprivate organi*ations0 that the use and en1oyment of these protectedareas must be consistent !ith the principles of biological diversity

and sustainable development(

To this end, there is hereby established a #ational $ntegratedProtected Areas System 2#$PAS3, !hich shall encompassoutstandingly remar able areas and biologically important publiclands that are habitats of rare and endangered species of plants andanimals, biogeographic *ones and related ecosystems, !hetherterrestrial, !etland or marine, all of !hich shall be designated as"protected areas"(

SECTION 3. Categories - The follo!ing categories of protectedareas are hereby established:

a( Strict nature reserve0 b( #atural par 0 c( #atural monument0 d( 4ildlife sanctuary0 e( Protected landscapes and seascapes0 f( Resource reserve0 g( #atural biotic areas0 and

h( 5ther categories established by la!,

conventions or international agreements!hich the Philippine 6overnment is asignatory(

SECTION 4. )efinition of Terms - /or purposes of this Afollo!ing terms shall be defined as follo!s:

a( "#ational $ntegrated Protected Areas System 2#$the classification and administration of all designprotected areas to maintain essential ecological prand life-support systems, to preserve genetic diveensure sustainable use of resources found therein,maintain their natural conditions to the greatest e

possible0 b( "Protected Area" refers to identified portions of l

!ater set aside by reason of their uni.ue physical abiological significance, managed to enhance biolodiversity and protected against destructive humane ploitation0

c( "Buffer *ones" are identified areas outside the boof and immediately ad1acent to designated protecpursuant to Section 7 that need special developmecontrol in order to avoid or minimi*e harm to thearea0

d( "$ndigenous cultural community" refers to a grousharing common bonds of language, customs, tradand other distinctive cultural traits and !ho have simmemorial, occupied, possessed and utili*ed a t

e( "#ational par " refers to a forest reservation essennatural !ilderness character !hich has been !ithdrafrom settlement, occupancy or any form of e ploite cept in conformity !ith approved management pset aside as such e clusively to conserve the area opreserve the scenery, the natural and historic ob1eanimals and plants therein and to provide en1oymthese features in such areas0 f( "#atural monuments" is a relatively small area foprotection of small features to protect or preservesignificant natural features on account of their speinterest or uni.ue characteristics0

g( "#atural biotic area" is an area set aside to allo! thlife of societies living in harmony !ith the environadapt to modern technology at their pace0

h( "#atural par " is a relatively large area not materialtered by human activity !here e tractive resourcare not allo!ed and maintained to protect outstand

natural and scenic areas of national or internationsignificance for scientific, educational and recrea

i( "Protected landscapes8seascapes" are areas of nasignificance !hich are characteri*ed by the harmointeraction of man and land !hile providing opporfor public en1oyment through the recreation and t!ithin the normal lifestyle and economic activity oareas0

1( "Resource reserve" is an e tensive and relativelyand uninhabited area normally !ith difficult accesdesignated as such to protect natural resources of


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for future use and prevent or contain development activitiesthat could affect the resource pending the establishment ofob1ectives !hich are based upon appropriate no!ledgeand planning0

( "Strict nature reserve" is an area possessing someoutstanding ecosystem, features and8or species of floraand fauna of national scientific importance maintained toprotect nature and maintain processes in an undisturbedstate in order to have ecologically representative e amplesof the natural environment available for scientific study,environmental monitoring, education, and for themaintenance of genetic resources in a dynamic andevolutionary state0

l( "Tenured migrant communities" are communities !ithinprotected areas !hich have actually and continuouslyoccupied such areas for five 293 years before thedesignation of the same as protected areas in accordance!ith this Act and are solely dependent therein forsubsistence0 and

m( "4ildlife sanctuary" comprises an area !hich assures thenatural conditions necessary to protect nationallysignificant species, groups of species, biotic communitiesor physical features of the environment !here these mayre.uire specific human manipulations for their perpetuation(

SECTION 5. stablishment and tent of the System - Theestablishment and operationali*ation of the System shall involve thefollo!ing:

a( All areas or islands in the Philippines proclaimed,designated or set aside, pursuant to a la!, presidentialdecree, presidential proclamation or e ecutive order asnational par , game refuge, bird and !ildlife sanctuary,!ilderness area, strict nature reserve, !atershed,mangrove reserve, fish sanctuary, natural and historicallandmar , protected and managed landscape8seascape as!ell as identified virgin forests before the effectivity of thisAct are hereby designated as initial components of theSystem( The initial components of the System shall begoverned by e isting la!s, rules and regulations, notinconsistent !ith this Act0

b( 4ithin one 2%3 year from the effectivity of this Act, the) #R shall submit to the Senate and the House ofRepresentatives a map and legal descriptions or naturalboundaries of each protected area initially comprising the

System( Such maps and legal description shall, by virtue ofthis Act, constitute the official documentary representationof the entire System, sub1ect to such changes as Congressdeems necessary0

c( All ) #R records pertaining to said protected areas,including maps and legal descriptions or naturalboundaries, copies of rules and regulations governingthem, copies of public notices of, and reports submitted toCongress regarding pending additions, eliminations, ormodifications shall be made available to the public( Theselegal documents pertaining to protected areas shall also beavailable to the public in the respective ) #R Regional

5ffices, Provincial nvironment and #atural Resou5ffices 2P #R5s3 and Community nvironment an#atural Resources 5ffices 2C #R5s3 !here #$PAS are located0

d( 4ithin three 2;3 years from the effectivity of this ) #R shall study and revie! each area tentativelycomposing the System as to its suitability or non-for preservation as protected area and inclusion inSystem according to the categories established in ; hereof and report its findings to the President as each study is completed( The study must include area:

%( A forest occupants survey0 '( An ethnographic study0 ;( A protected area resource profile0 3 days priorpublic hearing0

i( Conduct public hearings at the locations nthe area affected0

ii( At least thirty 2;>3 days prior to the date oadvise all =ocal 6overnment ?nits 2=6?s3 iaffected areas, national agencies concerned

people+s organi*ations and non-governmeorgani*ations and invite such officials to sutheir vie!s on the proposed action at the heanot later than thirty 2;>3 days follo!ing the hearing0 and

iii( 6ive due consideration to the recommendathe public hearing0 and provide sufficiente planation for his recommendations contrathe general sentiments e pressed in the publhearing0

b( ?pon receipt of the recommendations of the ) #R,President shall issue a presidential proclamationdesignating the recommended areas as protected aand providing for measures for their protection untime !hen Congress shall have enacted a la! finalldeclaring such recommended areas as part of theintegrated protected area systems0 and

c( Thereafter, the President shall send to the SenateHouse of Representatives his recommendations !irespect to the designations as protected areas orreclassification of each area on !hich revie! has bcompleted, together !ith maps and legal descriptioboundaries( The President, in his recommendatiopropose the alteration of e isting boundaries of anproclaimed protected areas, addition of any contig


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area of public land of predominant physical and biologicalvalue( #othing contained herein shall limit the President topropose, as part of his recommendation to Congress,additional areas !hich have not been designated,proclaimed or set aside by la!, presidential decree,proclamation or e ecutive orders as protected area8s(

SECTION 6. Additional Areas to be $ntegrated to the System( -#ot!ithstanding the establishment of the initial component of the

additional areas !ith outstanding physical features, anthropologicalsignificance and biological diversity in accordance !ith the provisionsof Section 9d(

SECTION 7. )isestablishment as Protected Area( - 4hen inthe opinion of the ) #R a certain protected area should be!ithdra!n or disestablished, or its boundaries modified as !arrantedby a study and sanctioned by the ma1ority of the members of therespective boards for the protected area as herein established inSection %%, it shall, in turn, advice Congress( )isestablishment of aprotected area under the System or modification of its boundary shallta e effect pursuant to an act of Congress( Thereafter, said areashall revert to the category of public forests unless other!iseclassified by Congress: Provided ho!ever, that afterdisestablishment by Congress, the Secretary may recommend thetransfer of such disestablished area to other government agencies toserve other priority programs of national interest(

SECTION 8. Buffer @ones( - /or each protected area, thereshall be established peripheral buffer *ones !hen necessary, in thesame manner as Congress establishes the protected area, to protectthe same from activities that !ill directly and indirectly harm it( Suchbuffer *ones shall be included in the individual protected areamanagement plan that shall prepared for each protected area( The) #R shall e ercise its authority over protected areas as provided inthis Act on such area and designated as buffer *ones(

SECTION . anagement Plans( - There shall be a generalmanagement planning strategy to serve as guide in formulatingindividual plans for each protected area( The management planningstrategy shall, at the minimum, promote the adoption andimplementation of innovative management techni.ues including ifnecessary, the concept of *oning, buffer *one management formultiple use and protection, habitat conservation and rehabilitation,diversity management, community organi*ing, socioeconomic andscientific researches, site-specific policy development, pestmanagement, and fire control( The management planning strategyshall also provide guidelines for the protection of indigenous culturalcommunities, other tenured migrant communities and sites for closecoordination bet!een and among local agencies of the 6overnmentas !ell as the private sector(

ach component area of the System shall be planned andadministered to further protect and enhance the permanentpreservation of its natural conditions( A management manual shall beformulated and developed !hich must contain the follo!ing: anindividual management plan prepared by three 2;3 e perts, basicbac ground information, field inventory of the resources !ithin thearea, an assessment of assets and limitations, regionalinterrelationships, particular ob1ectives for managing the area,appropriate division of the area into management *ones, a revie! of

the boundaries of the area, and a design of the managemenprograms(

SECTION 1!. Administration and anagement of the SysThe #ational $ntegrated Protected Areas System is herebyunder the control and administration of the )epartment ofnvironment and #atural Resources( /or this purpose, therehereby created a division in the regional offices of the )epbe called the Protected Areas and 4ildlife )ivision in regio

protected areas have been established, !hich shall be undesupervision of a Regional Technical )irector, and shall incsubordinate officers, cler s, and employees as may be propthe Secretary, duly approved by the )epartment of Budget anagement, and appropriated by the Congress( The Serviestablished shall manage protected areas and promote thepermanent preservation, to the greatest e tent possible of tnatural conditions(

To carry out the mandate of this Act, the Secretary of the empo!ered to perform any and all of the follo!ing acts:

a( To conduct studies on various characteristic featu

and conditions of the different protected areas, uscommonalities in their characteristics, classify andefine them into categories and prescribepermissible or prohibited human activities in eachcategory in the System0

b( To adopt and enforce a land use scheme and *oni

plan in ad1oining areas for the preservation andcontrol of activities that may threaten the ecologicbalance in the protected areas0

c( To cause the preparation of and e ercise the po!er

to revie! all plans and proposals for themanagement of protected areas0

d( To promulgate rules and regulations necessary to

carry out the provisions of this Act0

e( To deputi*e field officers and delegate any of his

po!ers under this Act and other la!s to e pedite itsimplementation and enforcement0

f( To fi and prescribe reasonable #$PAS fees to be

collected from government agencies or any personfirm or corporation deriving benefits from theprotected areas0

g( To e act administrative fees and fines as authori*

in Section '% for violation of guidelines, rules andregulations of this Act as !ould endanger theviability of protected areas0

h( To enter into contracts and8or agreements !ith

private entities or public agencies as may benecessary to carry out the purposes of this Act0

i( To accept in the name of the Philippine 6overnmand in behalf of #$PAS funds, gifts or be.uests ofmoney for immediate disbursements or otherproperty in the interest of the #$PAS, its activitiesits services0

1( To call on any agency or instrumentality of the6overnment as !ell as academic institutions, non-government organi*ations and the private sector amay be necessary to accomplish the ob1ectives anactivities of the System0


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( To submit an annual report to the President of the

Philippines and to Congress on the status ofprotected areas in the country0

l( To establish a uniform mar er of the System,including an appropriate and distinctive symbol foreach category in the System, in consultation !ithappropriate government agencies and public andprivate organi*ations0

m( To determine the specification of the class, type and

style of buildings and other structures to beconstructed in protected areas and the materials tobe used0

n( Control the construction, operation and maintenance

of roads, trails, !ater!or s, se!erage, fireprotection, and sanitation systems and other publicutilities !ithin the protected area0

o( Control occupancy of suitable portions of the

protected area and resettle outside of said areaforest occupants therein, !ith the e ception of themembers of indigenous communities area0 and

p( To perform such other functions as may be directedby the President of the Philippines, and to do such

acts as may be necessary or incidental to theaccomplishment of the purpose and ob1ectives of theSystem(

SECTION 11. Protected Area anagement Board( - A ProtectedArea anagement Board for each of the established protected areashall be created and shall be composed of the follo!ing: TheRegional ecutive )irector under !hose 1urisdiction the protectedarea is located0 one 2%3 representative from the autonomous regionalgovernment, if applicable0 the Provincial )evelopment 5fficer0 one2%3 representative from the municipal government0 one 2%3representative from each barangay covering the protected area0 one2%3 representative from each tribal community, if applicable0 and, at

least three 2;3 representatives from non-governmentorgani*ations8local community organi*ations, and if necessary, one2%3 representative from other departments or national governmentagencies involved in protected area management(

The Board shall, by a ma1ority vote, decide the allocations for budget,approve proposals for funding, decide matters relating to planning,peripheral protection and general administration of the area inaccordance !ith the general management strategy( The members ofthe Board shall serve for a term of five 293 years !ithoutcompensation, e cept for actual and necessary traveling andsubsistence e penses incurred in the performance of their duties(They shall be appointed by the Secretary of the ) #R as follo!s:

a( A member !ho shall be appointed torepresent each local government do!n tobarangay level !hose territory or portion isincluded in the protected area( achappointee shall be the person designatedby the head of such =6?, e cept for theProvincial )evelopment 5fficer !ho shallserve e officio0

b( A member from non-governmentorgani*ations !ho shall be endorsed byheads of organi*ations !hich arepreferably based in the area or !hich have

established and recogni*ed interest inprotected areas0

c( The R )8s in the region8s !here suchprotected area lies shall sit as e officiomember of the Board and shall serve asadviser8s in matters related to the technicaspect of management of the area0 and

d( The R ) shall act as chairman of theBoard( 4hen there are t!o 2'3 or moreR )s in the Board, the Secretary shalldesignate one 2%3 of them to be theChairman( acancies shall be filled in thesame manner as the original appointment

SECTION 12. nvironmental $mpact Assessment( - Propfor activities !hich are outside the scope of the managemeprotected areas shall be sub1ect to an environmental impaassessment as re.uired by la! before they are adopted, andresults thereof shall be ta en into consideration in the decima ing process(

#o actual implementation of such activities shall be allo!ethe re.uired nvironmental Compliance Certificate 2 CC3 uPhilippine nvironmental $mpact Assessment 2 $A3 systeinstances !here such activities are allo!ed to be underta enproponent shall plan and carry them out in such manner aminimi*e any adverse effects and ta e preventive and remaction !hen appropriate( The proponent shall be liable for damage due to lac of caution or indiscretion(

SECTION 13. Ancestral =ands and Rights 5ver Them( -Ancestral lands and customary rights and interest arising accorded due recognition( The ) #R shall prescribe rules aregulations to govern ancestral lands !ithin protected areasProvided, that the ) #R shall have so po!er to evict indigencommunities from their present occupancy nor resettle theanother area !ithout their consent: Provided, ho!ever, Thatand regulations, !hether adversely affecting said communishall be sub1ected to notice and hearing to be participatedmembers of concerned indigenous community(

SECTION 14. Survey for nergy Resources( - Consistentthe policies declared in Section ' hereof, protected areas, estrict nature reserves and natural par s, may be sub1ected e ploration only for the purpose of gathering information oresources and only if such activity is carried out !ith the ledamage to surrounding areas( Surveys shall be conductedaccordance !ith a program approved by the ) #R, and the rsuch surveys shall be made available to the public and subthe President for recommendation to Congress( Any e ploutili*ation of energy resources found !ithin #$PAS areas sallo!ed only through a la! passed by Congress(

SECTION 15. Areas ?nder the anagement of 5ther)epartments and 6overnment $nstrumentalities( - Should tprotected areas, or portions thereof, under the 1urisdictiongovernment instrumentalities other than the ) #R, such 1urshall, prior to the passage of this Act, remain in the said dor government instrumentality0 Provided, That the departgovernment instrumentality e ercising administrative 1urisaid protected area or a portion thereof shall coordinate !it


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) #R in the preparation of its management plans, upon theeffectivity of this Act(

SECTION 16. $ntegrated Protected Areas /und( - There ishereby established a trust fund to be no!n as $ntegrated ProtectedAreas 2$PAS3 /und for purposes of financing pro1ects of the System(The $PAS may solicit and receive donations, endo!ments, andgrants in the form of contributions, and such endo!ment shall bee empted from income or gift ta es and all other ta es, charges or

fees imposed by the 6overnment or any political subdivision orinstrumentality thereof(

All incomes generated from the operation of the System ormanagement of !ild flora and fauna shall accrue to the /und andmay be utili*ed directly by the ) #R for the above purpose( Theseincomes shall be derived from:

a( Ta es from the permitted sale and

e port of flora and fauna and otherresources from protected areas0

b( Proceeds from lease of multiple useareas0

c( Contributions from industries andfacilities directly benefiting from theprotected area0 and

d( Such other fees and incomes derivedfrom the operation of the protected area()isbursements from the /unds shall bemade solely for the protection,maintenance, administration, andmanagement of the System, and dulyapproved pro1ects endorsed by thePA Bs, in the amounts authori*ed bythe ) #R(

SECTION 17. Annual Report to Congress( - At the opening ofeach session of Congress, the ) #R shall report to the President,for transmission to Congress, on the status of the System, regulationin force and other pertinent information, together !ithrecommendations(

SECTION 18. /ield 5fficers( - All officials, technical personneland forest guards employed in the integrated protected area serviceor all persons deputi*ed by the ) #R, upon recommendation of theanagement Board shall be considered as field officers and shallhave the authority to investigate and search premises and buildingsand ma e arrests in accordance !ith the rules on criminal procedure

for the violation of la!s and regulations relating to the protectedareas( Persons arrested shall be brought to the nearest policeprecinct for investigation(

#othing herein mentioned shall be construed as preventing regularla! enforcers and police officers from arresting any person in the actof violating said la!s and regulations(

SECTION 1 . Special Prosecutors( - The )epartment of usticeshall designate special prosecutors to prosecute violations of la!s,rules and regulations in protected areas(

SECTION 2!. Prohibited Acts( - cept as may be allo!edthe nature of their categories and pursuant to rules and reggoverning the same, the follo!ing acts are prohibited !ithinareas:

a( Hunting, destroying, disturbing, or mere

possession of any plants or animals orproducts derived therefrom !ithout apermit from the anagement Board0

b( )umping of any !aste products detrimentato the protected area, or to the plants andanimals or inhabitants therein0

c( ?se of any motori*ed e.uipment !ithout apermit from the anagement Board0

d( utilating, defacing or destroying ob1ects

natural beauty, or ob1ects of interest tocultural communities 2of scenic value30

e( )amaging and leaving roads and trails in adamaged condition0 f( S.uatting, mineral locating, or other!iseoccupying any land0

g( Constructing or maintaining any ind of

structure, fence or enclosures, conductingany business enterprise !ithout a permit0

h( =eaving in e posed or unsanitary

conditions refuse or debris, or depositing ground or in bodies of !ater0 and

i( Altering, removing destroying or defacinboundary mar s or signs(

SECTION 21. Penalties( - 4hoever violates this Act or anand regulations issued by the )epartment pursuant to this A!hoever is found guilty by a competent court of 1ustice ofoffenses in the preceding section shall be fined in the amoless than /ive thousand pesos 2P9,>>>3 nor more than /ivethousand pesos 2P9>>,>>>3, e clusive of the value of the damaged or imprisonment for not less than one 2%3 year than si 2D3 years, or both, as determined by the court: Prthat, if the area re.uires rehabilitation or restoration as detthe court, the offender shall be re.uired to restore or compthe restoration to the damages: Provided, further, that courorder the eviction of the offender from the land and the fofavor of the 6overnment of all minerals, timber or any specollected or removed including all e.uipment, devices andused in connection there!ith, and any construction or imprmade thereon by the offender( $f the offender is an assoccorporation, the president or manager shall be directly resfor the act of his employees and laborers: Provided, finall) #R may impose administrative fines and penalties consis

this Act(

SECTION 22. Separability Clause( - $f any part or sectioAct is declared unconstitutional, such declaration shall noother parts or sections of this Act(

SECTION 23. Repealing Clause( - All la!s, presidential e ecutive orders, rules and regulations inconsistent !ith anyprovisions of this Act shall be deemed repealed or modifiaccordingly(


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SECTION 24. ffectivity Clause( - This Act shall ta e effectfifteen 2%93 days after its complete publication in t!o 2'3 ne!spapersof general circulation(

Approved0

# PTA=$ A( 65#@A= SPresident of the Senate

RA 5# ( $TRASpea er of the House of Representative

This Act !hich is a consolidation of House Bill #o( ;>%(

S*+% - 2. State"ent of olicy. - Considering the diversity of Ganla-on+s biological resources and its aesthetic, socio-cueconomic and ecological importance to the $sland of #egrhereby declared the policy of the State to ensure its protecconservation including its communities of people and theiand !ay of life insofar as they are in harmony !ith nature( T

protection and conservation of G#P shall be pursued throsustainable and participatory development, advancing andthe interests of its legitimate inhabitants, and honoring cusla!s in accordance !ith Republic Act #o( 97D or the #atio$ntegrated Protected Areas System 2#$PAS3 Act of %&&Act #o( 7; % or the $ndigenous Peoples Rights Act 2$PRAand international conventions to !hich the Philippines is a

S*+% - 3. $efinition of Ter"s. - The follo!ing terms are herebydefined for purposes of this Act:

2a3 "Bioprospecting" shall refer to the research, cand utili*ation of biological and genetic resource

purposes of applying the no!ledge derived therefrscientific and8or commercial purposes(

2b3 "Commercial" shall mean involving mar et savolume or value in e cess of that re.uired to maintsubsistence for !or ers and their dependents(

2c3 ") #R" shall refer to the )epartment of nvironand #atural Resources(

2d3 " otic Species" shall refer to species or subspthat do not naturally occur !ithin the biogeographof the G#P at present or in historical time(

2e3 "$ndigenous Cultural Communities8$ndigeno2$CCs8$Ps3" shall refer to the indigenous peoplein the $PRA, specifically, the Atis and Bu idnons G#P(

2f3 "#atural Par " is a relatively large area not maaltered by human activity, !here e tractive resourcare not allo!ed, and maintained to protect outstandnatural and scenic areas of national or internationsignificance for scientific, educational, and recreause(

2g3 "#ongovernment 5rgani*ation 2#653" shall rcivic, developmental, environmental or philantropstoc , non-profit organi*ation, duly registered, havla!s, democratically-elected representation, and msectoral in character(

2h3 "#on-Rene!able Resources" shall refer to thoresources found !ithin the G#P, the naturalreplenishment rate of !hich is not no!n(

2i3 "PA B" shall refer to the Protected Area anagBoard, as provided herein(


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213 "PASu" shall refer to the Protected Area Superintendent,as provided herein(

2 3 "People+s 5rgani*ation 2P53" shall refer to any group ofpeople formed to advance the interests of the sector theyrepresent(

2l3 "Protected Species" shall refer to any plant or animaldeclared protected under Philippine la!s( These shall

include all species listed under the Convention of$nternational Trade of ndangered Species 2C$T S3 and allits Anne es, the Bonn Convention on igratory Animals,those specified under the redlist categories of the$nternational Conservation of #ature 2?C#3, or any plant oranimal !hich the PA B may deem necessary forconservation and preservation in the G#P(

2m3 "Tenured igrant" shall refer to any person !ho hasactually and continuously occupied an area of five 293 yearsprior to its designation as part of a protected area and isusually dependent on that area for subsistence(

S*+% - 4. $eclaration and Scope. - Pursuant to and in accordance!ith the #$PAS Act, t( Ganla-on in the $sland of #egros is herebydeclared and established as a protected area under the category of anatural par (

The boundaries of the t( Ganla-on #atural Par are herebydescribed as follo!s:

Beginning at a point mar ed "%" on the map !hich ismar ed on plan #(P( or P(B( ( #o( < bet!een #egros5ccidental and #egros 5riental under PontevedraCadastre #o( D>, B(=( Case #o( ' of #egros 5riental0

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Thence, # ;7I %&J 4


10/34

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9 &(> m to point '%70

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9&&(99 m to point '';0

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11/34

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13/34


14/34


15/34

Thence, S 99I %%J D;(&% m to point 9970

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Thence, S D%I ;9J 4 ;,;7>(79 m to point %, the point

of beginning at plan #P or P(B( ( #o( < bet!een #egros5ccidental and #egros 5rriental recorded in PontevedraCadastre #o( D>, B(=( Case #o( ', #egros 5rriental,containing an appro imate total land area of '>I %>L >>(>D%M

Thence, S 7 I 'DL >>(%D'M

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Thence, # 97I ;'L 9'( 9 M

Thence, S 77I 99L 97(> 7M Thence, S 9I >;L >;(>M

Thence, S D;I >7L >%(D77M

Thence, # 7>I 9'L >>(7%>M

Thence, # ;I 9&L >>(< M

Thence, # ;DI 7L 97(9&>M 4

Thence, # D>I %DL >>(& DM 4

Thence, S ' I ; L 9&(>%;M 4

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Containing an area of one hundred si ty-nine 2%Dhectares, more or less(

Any geothermal e ploration for or development of energy resources !ithin the G#P shall not be allo!ed e cept by an Congress( oreover, permits for geothermal activities shalpursuant to relevant forestry and environmental regulationProvided, That areas !ithin the buffer *one !hich shall notdirectly for the development and utili*ation of geothermashall remain under the control and 1urisdiction of the PA B

The proponent of the geothermal pro1ect shall contribute $ntegrated Protected Are /und 2$PA/3 to be established bypursuant to the #$PAS Act and pertinent ) #R rules andregulations( oreover, the PA B of the G#P shall be represin the multi-partite environmental monitoring committee fgeothermal operation underta en !ithin the buffer *one subPresidential )ecree #o( %97D or the nvironmental $mpacSystem, ) #R Administrative 5rder &D-; , Series of %&&2Strengthening the $mplementation of the nvironmental $Statement System3, and pertinent ) #R rules and regulatio

ARTICLE IIMANAGEMENT, MANAGEMENT PLAN, AND (ONING

S*+% - 6. Manage"ent of the M() . - The management andadministration of the G#P shall be vested !ith the PA B:Provided, That the management of *ones to be establishedG#P shall be consultative and participatory(

S*+% - 7. *ocal +overn"ent nits. - =ocal government units sparticipate in the management of the G#P through represein the PA B( To allo! the integration of the ob1ectives of t!ith the development plans for the $sland of #egros, the logovernment units shall ensure that local ordinances relatinenvironment including the allocation of funds for environmprograms are consistent !ith this Act and the anagement Pherein provided(

S*+% - 8. Manage"ent lan. - $n order to achieve the ob1ectthis Act, there shall be a anagement Plan !hich shall provlong-term basic frame!or on the management of the G#Pall activities !ithin the G#P, and serve as guide in the prepof its annual operations and budget( The anagement Plan identify the allo!ed uses for each *one( /or speciali*ed useacademic and scientific purposes, consultations shall be cby a committee of four 2


16/34


17/34

2&3 A duly authori*ed representative !ithenvironmental e pertise of the Philippine#ational 5il Company nergy )evelopmentCorporation 2P#5C )C3(

2B3 There shall be an ecutive Committee 2 ecom3!ithin the PA B to !hom the PA B may delegate some ofits po!ers and functions( $t shall be composed of:

2%3 The R ) or ) #R Region $ as chairman0

2'3 The 6overnors of #egros 5ccidental and#egros 5riental, or their respective dulyauthori*ed, regular representatives0

2;3 T!o 2'3 mayor representatives, to be chosenfrom among themselves, or their respective dulyauthori*ed, regular representatives0

2


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2b3 Serve as head of the Secretariat for the PA B !ith theduty to provide the PA B !ith all the informationnecessary for it to ma e appropriate decisions0

2c3 Hire and supervise the necessary personnel to supportoperations !hich shall be included in the annual budget ofthe ) #R0

2d3 stablish a productive partnership !ith the local

community, including groups interested in the achievementof the goals and ob1ectives of the G#P, and in theplanning, protection and management thereof0

2e3 )evelop and implement a par information, educationand visitor programs0

2f3 nforce la!s, rules and regulations relevant to theG#P and assist in the prosecution of offenses0

2g3 onitor all activities !ithin the G#P for conformity !iththe anagement Plan0 and

2h3 Perform such other functions as the PA B may assign(

ARTICLE IVANCESTRAL LANDS/DOMAINS AND TENURED MIGRANTS

S*+% - 13. /ncestral *ands and $o"ains. - The rights of $CCs8$Psin the G#P to their ancestral lands and domains shall berecogni*ed sub1ect to e isting and prior property rights( Traditionalproperty regimes e ercised by $CCs8$Ps in accordance !ith theircustomary la!s shall govern the relationship of all individuals !ithintheir communities !ith respect to all land and other resources found!ithin their ancestral lands and domains(

The provisions of this Act shall be construed liberally in favor of the$CCs8$Ps in accordance !ith the preservation and conservationob1ectives of the G#P( #othing herein shall be construed to impair,diminish or derogate any prior or e isting right currently en1oyed by$CCs8$Ps under e isting la!s(

S*+% - 14. Tenured Migrants and Transient ar"ers. - Tenuredmigrants are those members of households that have actually andcontinuously occupied by G#P since une %, %&7 and are solelydependent on the G#P for their livelihood( /or purposes of officialdocumentation of rights and e tent of occupation !ithin the G#P,the tenured migrant household shall be issued a tenurial instrument

over such areas as have been occupied or cultivated but not toe ceed a ma imum of three 2;3 hectares( $f despite considerationpaid to current practices, areas occupied by tenured migrants aredesignated as *ones in !hich no occupation or other activities areallo!ed, provisions for their transfer to multiple-use *ones shall beaccomplished using humanitarian considerations(

To effectivity provide a social fence to prevent encroachment into theG#P, the tenurial instruments to be issued pursuant to this Actmust be community-based, limited solely to multiple-use *ones,promote clustering, and comply !ith the *oning and anagementPlans, as provided herein(

$n no case shall the tenurial instruments or the rights and therein be transferred, sold, leased, encumbered, or made collateral, security or 1oint venture capital, other!ise it shaProvided, That said rights can only be transferred to direcdescendants(

Any violation of the terms and conditions of the tenurial ior any provision of this Act or abandonment by a tenured shall constitute sufficient ground for he revocation of his8

right(?pon cancellation of a tenured migrant instrument for causvoluntary surrender of rights, the PASu shall ta e immediarehabilitate the area in order to return it to its natural statecultivation or other act by the tenured migrant(

5ccupants !ho do not .ualify as tenured migrants but have occupying areas of the par prior to the enactment of this Arelocated to the multiple-use areas or available alienable adisposable 2A and )3 lands of the public domain that are ptheir original abode( 5ccupants !ho shall be relocated !ithimultiple-use *ones shall .uality for usufruct use !hile thos

to A and ) areas may apply for o!nership titles( Par occupshall be given priority in the government+s relocation pro

ARTICLE VPROHIBITED ACTS

S*+% - 15. rohibited /cts. - The follo!ing shall be the prohiband penalties applicable !ithin the G#P:

2A3 A fine of not less than /ive thousand pesos 2Pbut not more than /ive hundred thousand pesos2P9>>,>>>(>>3 and imprisonment of not less thayears and one 2%3 day but not more than t!elve 2shall be imposed upon any person !ho:

2%3 Hunts, collects, destroys, traps, distupossesses any!here !ithin the G#P any !ilplant or animal or product derived therefr!ithout prior PA B permit(

2'3 Possesses !ithout a permit from PA B !ild plant or animal or product derived thoutside the G#P or any *one of G#P !hethe specie is not endemic(

2;3 Cuts, gathers, collects or removes timother forest products as !ell as underta esactivity not compatible !ith the use of therespective *ones !ithin the G#P !ithout pPA B permit: Provided, That any permit ishall be valid for only 2%3 month from tissue either to tenured migrants !ithinsustainable monitored and controlled .uotfor scientific purposes necessary for protarea management in accordance !ith e istiguidelines, and outside the strict protectio*ones(


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2>>(>>3

but not more than T!o hundred fifty thousand pesos2P'9>,>>>(>>3 and8or imprisonment of not less than si 2D3months but no more than si 2D3 years and the restorationand rehabilitation of the damage shall be imposed uponany person !ho:

2%3 iolates the anagement Plan, or anyresolution issued by the PA B(

2'3 andali*es, mutilates, transports, destroys,e cavates, or in any manner intentionallydamages any natural formation or ob1ect ofnatural beauty inside the G#P, or the burial or

religious sites including artifacts and otherob1ects belonging to $CCs8$Ps(

2;3 )umps, burns or other!ise disposes of anysubstance deleterious to the ecosystem, plantsand animals, or human inhabitants in theprotected area or committing the same in bufferand multiple use areas !ithout appropriateauthority or permit(

23 Constructs and maintains a buildinor any ind of structure or conducts any benterprise !ithin the G#P !ithout prior PApermit(

2%%3 nters he G#P !ithout prior PA B pfor purposes of tre ing, mountain climbincamping, spelun ing, and the li e(

2%'3 Conducts bioprospecting !ithin the !ithout prior PA B permit in violation of eguidelines(

2%;3 ngages in treasure hunting !ithin thG#P(

2C3 A fine of not less than 5ne hundred thousand2P%>>,>>>(>>3 but not more than /ive hundred pesos 2P9>>,>>>(>>3 and8or imprisonment of nsi 2D3 months but not more than si 2D3 years shimposed upon any public officer, or officer of la!,dereliction of the duties of his office shall malicio

from instituting prosecution for the punishment oof the la!, or shall tolerate the commission of offeConviction of this offense shall also carry the penperpetual dis.ualification from public office(

2)3 Any provision to the contrary not!ithstandingcommission of any unla!ful act enumerated under%92A3 herein shall carry the penalty of imprisonless than t!elve 2%'3 years and one 2%3 day but nthan t!enty 2'>3 years and a fine or not less than /ihundred thousand pesos 2P9>>,>>>(>>3 to 5ne mpesos 2P%,>>>,>>>(>>3 in addition to the accesspenalties provided in the immediately succeeding

paragraph, in case the species involved is a protecspecies as defined herein( /urthermore any citi*eninstitute the necessary charge against the offendercommission of the acts enumerated under Sectioninvolving protected species(

2 3 A conviction under this Section shall li e!ise cpenalty of eviction from the G#P, payment of damfor rehabilitation and restoration, and the forfeiture.uipment, device !eapon8s used in the commissioffense as !ell as the protected area resources cauthe possession of the accused( $n case the offendea citi*en of the Philippines, he8she shall be imme

deported to his8her country of origin after servicesentence( $f the offender is an association or corpthe president or manager shall be directly responsthe act of his8her employees and laborers(

2/3 The PASu or his8her duly deputi*ed personnearrest even !ithout a !arrant any person !ho hascommitted or is committing in his8her presence aoffenses defined in this Section( He8she may alsoand confiscate in favor of the 6overnment, the tooe.uipment used in committing the offense and theresources caught in the possession of the offenderthe necessary charges therefor: Provided, That the


20/34

may impose administrative fines and penalties inaccordance !ith la!(

263 $n case of conviction, the penalty consisting of finesand damages shall directly accrue to the $PA/ as providedtherein(

S*+% - 16. Special rosecutors. - 4ithin thirty 2;>3 days from theeffectivity of this Act, the )epartment of ustice shall designate a

special prosecutor to !hom all cases of violation of la!s, rules andregulations in the G#P shall be assigned( Such special prosecutorshall coordinate !ith the PA B and the PASu in the performance ofhis8her duties and assist in the training of !ardens and rangers inarrest and criminal procedure(

ARTICLE VIPROCEEDS AND FEES

S*+% - 17. ntegrated rotected /reas und. - There is herebyestablished a trust fund to be no!n as the $ntegrated ProtectedAreas /und 2$PA/3 for purposes of financing pro1ects of the system(All incomes generated from the operation of the system or

management of !ild flora and fauna in the G#P shall accrue to the/und( These income shall be derived from proceeds from fees frompermitted sale and e port of flora and fauna and other resourcesfrom the protected area and its buffer *ones other than protectedspecies as may be set by the ) #R and the PA B, proceeds fromlease of multiple-use areas, contributions from industries andfacilities directly benefiting from the protected area and such otherfees and incomes derived from the operation of the protected area(

The /und may be augmented by grants, donations, endo!mentsfrom various sources, domestic or foreign for purposes related totheir functions: Provided, That the /und shall be deposited as aspecial account in the national treasury and disbursements therefrom

shall be made solely for the protection, maintenance administration,and management of the system, and duly approved pro1ectsendorsed by the PA B in accordance !ith e isting accounting andbudgeting rules and regulations0 Provided, further, That no amountshall be disbursed for the operating e penses of the )epartment andother concerned agencies(

Current sources of revenue of the local government units shalle cluded from the $PA/(

The PA B shall have the po!er to disburse the $PA/( T!enty-fiveper cent 2'9N3 of the $PA/ shall be for the use of the nationalgovernment for the support of the #ational $ntegrated ProtectedAreas System: Provided, That t!enty-five per cent 2'9N3 thereofshall be allocated to the local government units comprising theG#P(

ARTICLE VIIE0ISTING FACILITIES

S*+% - 18. &1isting acilities within the M() . - 4ithin ninety 2&>3days from the effectivity of this Act, all commercial facilities e isting!ithin the boundaries of the G#P !ith a total capitali*ation of notless than 5ne hundred thousand pesos 2P%>>,>>>(>>3 shall submit

to the PA B through the PASu a s!orn statement containinfollo!ing information:

2a3 Potential for disbursement of protected specieother habitats, reproductive cycles, nesting and fegrounds and migratory paths0

2b3 #oise levels at all stages of operation0

2c3 missions and effluent at all stages of operatio

2d3 nergy re.uirements and sources of energy0

2e3 4ater supply re.uirements and sources of !ater

2f3 olume of resources e tracted from the G#P0

2g3 /uture plans for the ne t five 293 years(

Based on these submissions, the PA B, !ith the assistance ) #R, shall determine !hether the e istence of such facility

future plan and operation !ill be detrimental to the G#P(

/ailure to submit the re.uired information shall constitute aof this Act and sub1ect to the penalties imposed under Sechereof( The PA B may prescribe further conditions for theof the facility to ensure that it does not contradict the manob1ectives of the G#P( 4ithout pre1udice to the filing of tnecessary case under Section %92B3 hereof, if any of sucis violated, an administrative fine of /ive thousand pesos 2for every day of violation shall be imposed upon the o!nerfacility but not to e ceed a total of /ive hundred thousand p2P9>>,>>>(>>3( At anytime !henever necessary, the PA Bthe PASu or other government entities, shall cause the ces

demolition of the facility at the cost of its o!ners(isting facilities that rely heavily on resources !ithin the G

!hich are allo!ed to remain !ithin the G#P may be chargedreasonable fees or sub1ect to reasonable conditions by theincomes derived from such fees shall accrue to the $PA/(

ARTICLE VIIIUTILI(ATION OF RESOURCES

S*+% - 1 . tili2ation of Resources. - cept for protected specior !henever detrimental to the ecosystem, use of resourcesfrom the G#P by tenured migrants and $CCs8$Ps for theineeds or for their subsistence shall not be restricted(

=ivelihood activities re.uiring the use of resources derivedG#P shall be allo!ed only !hen sustainable consistent !ithanagement Plan and only upon prior PA B approval( 5nlytimber products can be used for livelihood purposes(

#o e ploration, e ploitation or utili*ation of non-rene!able !ithin the G#P for commercial purposes or by non-tenuremigrants or non-$CCs8$Ps shall be allo!ed( Commercial resources by tenured migrants and $CCs8$Ps shall be allo


21/34

upon prior PA B approval and in accordance !ith the anagementPlan(

Commercial e ploitation of !ater resources !ithin the G#P shallre.uire prior PA B approval, must be in accordance !ith theanagement Plan and should undergo the nvironmental $mpactStatement 2 $S3 System(

ARTICLE 0

TRANSITORY AND MISCELLANEOUS PROVISIONS

S*+% - 2!. /ppropriations. - The Secretary of the ) #R shallinclude in its program the implementation to this Act, the funding of!hich shall be charged against the $ntegrated Protected Areas /undauthori*ed under Section % hereof and from the appropriationsauthori*ed under the annual 6eneral Appropriations Act(

S*+% - 21. !onstruction. - The provisions of this Act shall beconstrued liberally in favor of tenured migrants and $CCs8$Ps and !ithdue consideration to the protection of biodiversity( The #$PAS Actshall be suppletory in the implementation of this Act(

S*+% - 22. Separability !lause. - $f any part or section of this Act isdeclared unconstitutional, such declaration shall not affect the otherparts or sections hereof(

S*+% - 23. Transitory rovisions. - Pending the organi*ation of ane! PA B in accordance !ith this Act, the incumbent PA Bmembers shall continue to hold office until the ne! PA B has beenconvened !ithin three 2;3 months from the effectivity of this Act( Thecurrent staff comprising the PASu 5ffice shall be retained in the5ffice of the PASu created herein(

4ithin three 2;3 months from the effectivity of this Act, the ) #R incoordination !ith the PA B, the Committee on #atural Resources ofthe House of Representatives, the Senate Committee onnvironment and #atural Resources, and the concerned districtrepresentatives or their representatives shall underta e thepreparation of the $mplementing Rules and Regulations of this Act(

S*+% - 24. Repealing !lause. - All la!s, proclamations, rules andregulations inconsistent !ith this Act are hereby repealed or modifiedaccordingly(

S*+% - 25. &ffectivity !lause. - This Act shall be translated innglish, /ilipino, Cebuano, and $longgo and shall be published onceevery !ee for three 2;3 e ecutive !ee s in a ne!spaper of generalcirculation !hich is readily available in the areas in and around theG#P( This Act shall li e!ise be simultaneously posted in theappropriate language in a conspicuous place in the provincial,municipal and barangay halls !ithin the area as !ell as in three 2;3other places fre.uented by the public( /ifteen 2%93 days after the lastpublication and posting, this Act shall have full force and effect(

Approved,

2Sgd3A UILINO . PIMENTEL )R.

resident of the Senate

2Sgd3FELICIANO BELMONTE )R.

Spea3er of the House ofRepresentatives

This Act !hich is a consolidation of House Bill #o( %'77> Senate Bill #o( ''


22/34

%%O +;9" %';O 'D+; "

%%O D+99" %';O '7+%;"

%>O 9D+;&" %';O ;D+9>"

%>O 9+O 9D+ " %';O '7+9&"

%>O 99+%&" %';O '7+%%"

%>O 9D+%%" %';O 'D+9'"

%>O 9 +'7" %';O '>> hectares, more or less(

4ithin si 2D3 months from the effectivity of this Act, the )epartmentof nvironment and #atural Resources 2) #R3 shall mar the

boundaries of the Reserve on the ground and at sea !ith visible andpermanent mar ers and shall thereafter see to it that the same aremaintained(

S*+% - 4. )efinition of Terms(- /or purposes of this Act, thefollo!ing terms are defined as follo!s:

2a3"Buffer *ones" are identified areas outside theboundaries of and immediately ad1acent to the Reservethat need special development and control in order to avoidor minimi*e harm to the Reserve(

2b3" cotourism" is a ind of tourism !herein no damage tothe ecology is sustained by the influ of visitors to theReserve(

2c3"/ish production" refers to the capacity of the speciesfound !ithin the Reserve to multiply to achieve a certaindensity offish population(

2d3" anagement plan" is the plan described in Section 72%3thereof(

2e3" anagement manual" is the manual relating tomanagement of the Reserve described in Section thereof(

2f3" a imum sustainable yield" is the greatest amofish and fish products ta en or harvested from !ithReserve !ithout affecting sustainability(

2g3" ultiple-use *ones" shall refer to areas !here

settlement, traditional or sustainable activities andincome-generating or livelihood activities may beto the e tent prescribed in the management plan(

2h3"Secretary" shall refer to the Secretary of the)epartment of nvironment and #atural Resources(

2i3"Small fisherfol inhabitant" shall refer to any has actually and continuously lived !ithin the Resperiod of five 293 years before the passage of thisis solely dependent on fishing for sustenance andlivelihood

S*+% - 5. The Protected Area anagement Board for SagayReserve( - There is hereby created a Protected Area anagBoard for Sagay arine Reserve 2PA B-S R3 !hich shall besole policy-ma ing and permit-granting body of the Reserbuffer *ones(

$n addition to the po!ers enumerated in Republic Act #o( PA B-S R shall decide by a ma1ority vote and shall have tfollo!ing po!ers and functions:

2a3/ormulate the management plan and managemmanual of the Reserve0

2b3)ecide matters relating to planning, peripheralprotection and general administration of the Reseaccordance !ith the management plan0

2c3Plan the proper utili*ation of the annual budgallocations and the proper disposition of fees and funds generated or held by the Reserve0

2d3Control and supervise the office of the Sagay Reserve Superintendent 2S RSu30

2e3)elineate and demarcate management *ones su

strict protection *ones, multiple-use and buffer *o

2f3Promulgate rules and regulations to promotedevelopment programs and pro1ects on biodiversconservation and sustainable development consisthe management manual0

2g3Control and regulate the construction, operatimaintenance of buildings, roads, trails, !ater!or s,se!erage, fire protection and sanitation systems, apublic utilities !ithin the Reserve0


23/34

2h3/i prescribed fees to be collected from the governmentagencies or any person, firm or corporation derivingbenefits from the Reserve and e act administrative fees orfines for violation of the provisions of this Act0

2i36rant entry permits to ecotourists, campers, researchgroups or individuals and visitors0

2136rant permits for sustainable utili*ation of marine

resources in accordance !ith e isting rules and regulationsgoverning the same0

2 3 nter into contracts and agreements !ith private entitiesor public agencies as may be necessary to carry out thepurposes of this Act0

2l3Accept funds, gifts or donations for the Reserve0

2m3Call on any agency or instrumentality of the governmentas !ell as academic institutions, nongovernmentorgani*ations and other sectors as may be necessary toaccomplish the ob1ectives of this Act0

2n3Conduct studies on various characteristics, features andconditions of the Reserve0

2o3Adopt and enforce plans or schemes for the control ofactivities that may threaten the ecological balance of theReserve in consultation !ith the local government units inthe area and other government agencies andinstrumentality0

2p3Retain legal counsel to defend cases against the PA B-S R and the office of the arine Reserve Superintendent!henever they are sued in connection !ith theperformance of their duties under this Act(

The ) #R, through the Regional ecutive )irector, shall ensurethat the PA B-S R acts !ithin the scope of its po!ers andfunctions( $n case of conflict bet!een administrative orders issued bythe ) #R pursuant to Republic Act #o( 97D and the resolutionsissued by the PA B-S R, the secretary shall decide !hether toapply the rule or !ithdra! its application from the Reserve(

S*+% - 6. Composition( - The PA B-S R shall be composed of thefollo!ing:

2a3The regional e ecutive director of the ) #R Region $,as e officio chairperson0

2b3The mayor of the City of Sagay, as e officio co-chairperson0

2c3The chairman of the Committee on #atural Resources ofthe Sangguniang Panlungsod of Sagay, as e officiomember0

2d3The chief of police of Sagay City, as e officio member0

2e3The punong barangays of Himoga-an BaybaySagay, Taba-ao, Bulanon, ito and olocaboc, all oSagay City, #egros 5ccidental, as e officio memb

2f3The city planning and development officer of as e officio member0

2g3/ive 293 representatives from nongovernmentorgani*ations, as members, !ho shall be endorsed

heads of organi*ations !hich are based in the CitySagay, #egros 5ccidental, and have established anrecogni*ed interest in protected areas( Theserepresentatives shall include: t!o 2'3 representativfisherfol organi*ations, one 2%3 representative fregistered commercial fishing associations, one 2representative from the youth sector and one 2%3representative from the civic-oriented organi*atio

2h3A representative of Sagay cumenical Councilmember0

2i3A representative of the )epartment of Agricultu

appointed by the Secretary of Agriculture, as mem

213The Reserve Superintendent 2hereinafter provmember(

The members shall choose from among themselves the vichairperson of the PA B-S R(

The non e officio members of the PA B-S R shall serve foof five 293 years( The t!o 2'3 co-chairpersons, the vice chand the members shall not receive compensation but shallto reasonable per diem incurred in the performance of theaccordance !ith e isting budgeting and auditing rules andregulations(

S*+% - 7. Removal from 5ffice( - A PA B member may beremoved for cause and upon ma1ority vote on the follo!in

2a3 ore than three 2;3 consecutive une cused abseregular PA B en banc meetings0

2b3Commission of any of the prohibited acts as pthis Act, the Republic Act #o( 97D or other rulesregulations governing protected areas and protectspecies0

2c36raft and corruption0 and

2d3Conviction of any criminal offense(

The non-e officio members of the PA B-S R shall serve foof five 293 years( The t!o 2'3 co-chairpersons, the vice chand the members shall not receive compensation but shallto reasonable per diem incurred in the performance of theaccordance !ith e isting budgeting and auditing rules andregulations:


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S*+% - 8. anagement Plan and anual(- 4ithin one 2%3 year fromthe effectivity of this Act, a management manual !hich contains thearine Reserve anagement Plan and supporting data shall beprepared in accordance !ith the 6eneral anagement PlanningStrategy as provided in Republic Act #o( 97D( The managementplan shall serve as the basic long-term frame!or plan in themanagement of the marine reserve and guide in the preparation ofthe annual operations plan and budget( The management manualshall be drafted !ith the assistance of e perts in such fields associoeconomic planning, ecology and marine reserve management,revie!ed and endorsed by the PA B-S R, and approved by theSecretary(

2%3The management plan shall promote the adoption andimplementation of innovative management techni.ues,including:

2a3buffer *one management0

2b3habitat conservation and rehabilitation0

2c3diversity management0

2d3community organi*ing0

2e3socioeconomic and scientific researches0

2f3site-specific policy development0

2g3pest management0 and

2h3others !hich the PA B-S R may deemappropriate(

2'3The management manual shall include:

2a3basic bac ground information0

2b3field inventory of the resources !ithin theReserve0

2c3assessment of the assets and limitations0

2d3regional interrelationships0

2e3particular ob1ectives for managing the

Reserve02f3divisions of the Reserve into management*ones0

2g3revie! of the boundaries of the Reserve0 and

2h3design and management programs(

S*+% - . Sagay arine Reserve 5ffice( - There is hereby createdthe Sagay arine Reserve 5ffice headed by the Sagay arineReserve Superintendent, hereinafter referred to as the Reserve

Superintendent, !ho shall be the chief operations officer oReserve(

S*+% - 1!. Po!ers and /unctions of the Reserve SuperintenThe Reserve Superintendent shall have full responsibility protection of the resources !ithin the Reserve( As such, hehave the follo!ing duties and responsibilities in addition toprovided under e isting rules and regulations:

2a3Serve as secretariat to the PA B-S R !ith the dprovide the PA B-S R !ith all the information necto ma e appropriate decisions for the implementatthis Act0

2b3Hire and supervise the necessary personnel tooperations as the budget may allo!0

2c3 stablish a productive partnership !ith localcommunities, including groups supporting the achof the goals and ob1ectives of this Act0

2d3)evelop and implement marine reserve informeducation and visitor programs0

nforce the la!s, rules and regulations and PA B-Sresolutions relevant to the Reserve and its buffer and assist in the prosecution of offenses0

2e3 onitor all activities !ithin the Reserve and its b*ones in conformity !ith the management plan0 a

2f3Perform such other function as the PA B-S R massign(

S*+% - 11. Small /isherfol $nhabitants( - Small fisherfolinhabitants shall be allo!ed to fish !ithin the Reserve sub1rules and regulations promulgated by the PA B-S R(

S*+% - 12. 5ther Activities !ithin the Reserve( - Proposals activities !hich are outside the scope of the management pbe sub1ect to an nvironmental $mpact Assessment 2 $A3by e isting la!s, rules and regulations( Results thereof shalinto consideration in the decision-ma ing process of the PA#o actual implementation of such activities shall be allo!ethe re.uired nvironmental Compliance Certificate 2 CC3 uPhilippine nvironmental $mpact Assessment System andS R approval( /or purposes of this Act, the follo!ing are pr

2a3 isting $nfrastructure(- isting infrastructureestablished !ithin the Reserve by government andnongovernment institutions shall be sub1ect to invand evaluation as to !hether it conforms to themanagement plan and assessed in terms of theirsignificance to the public interest and impact to thReserve( $n case they are found significant to pubinterest, but !ith no adverse impact to the Reservecontract or agreement may be entered into by PAincluding negotiations of payment fees based on psharing agreement in accordance !ith la!: Provideinfrastructure !hich do not conform to the manage


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plan shall not be allo!ed to be repaired, renovated orimproved until they are naturally destroyed and vacated(Repairs, renovation and improvement of the e istinginfrastructure allo!ed by the PA B-S R !ithin theReserve shall be in conformity !ith the management planand duly approved by the PA B-S R(

2b3Special-?se $nfrastructure( - Special-use infrastructuresuch as po!er lines, telecommunications e.uipment and

military installations may be allo!ed in the Reserve if theyconform to the management plan: Provided, Thatconstruction of these special use infrastructures shall besub1ect to $A and the issuance of CC by the ) #R andapproval of the PA B-S R: Provided, further, That po!erlines and telecommunications e.uipment must not traversethrough strict-protection *ones and preferably beconstructed !ithin the multiple-use *ones only( ilitaryinstallations shall not be constructed of permanentmaterials and must be covered by a memorandum ofagreement !ith the PA B-S R providing for regulation offacilities(

2c3=ivelihood and 5ther conomic Activities(- cept asother!ise provided herein, only small fisherfol inhabitantsshall be allo!ed !ithin the multiple-use or buffer *ones ofthe Reserve to engage in livelihood and economicactivities, in conformity !ith the management plan andsub1ect to the terms and conditions imposed by the PA B-S R(

The PA B-S R, upon recommendation of the ReserveSuperintendent, !hen findings sho! that fish productione ceeds the ma imum sustainable yield, may open certainportions of the multiple-use *ones and buffer *ones toeconomic activities !hich shall be in accordance !ith themanagement plan and in all cases use ecologicallysustainable methods(

2d3 nergy and ineral ?se( - Survey for energy andmineral resources !ithin the Reserve shall be allo!ed forthe purpose of gathering information on energy and mineralresources: Provided,That such activity is carried out!ithout damage to the area and conducted in accordance!ith a program approved by the PA B-S R( The result ofsuch surveys shall be made available to the public( ThePA B-S R shall submit such energy and mineral surveyfindings to the President for recommendation to Congress(Any e ploitation and utili*ation of energy and mineralresources !ithin the Reserve shall be allo!ed onlyfollo!ing approval of the PA B-S R, compliance !ith the$A System and other applicable la!s, rules andregulations and through a la! passed by Congress(

2e3Special Activities(- All other activities such as ecotourismand related activities, scientific research, marine life rescueby other agencies, government programs affecting theReserve, and military activities shall be properlycoordinated !ith and approved by the PA B-S R(

S*+% - 13. Reserve Trust /und(- A trust fund shall be created forthe Reserve for purposes of financing pro1ects and activities provided

in the anagement Plan( /or this purpose, the PA B-S R maSolicit and receive donations, endo!ments and grants in thcontributions: Provided, That donations generated by the PS R shall accrue to the Reserve for its use( A minimum ofpercent 29N3 of the total amount shall be remitted to the $Protected Areas /und of the ) #R(

)isbursement from the Reserve trust fund shall be made sothe protection, maintenance, administration and managem

Reserve, and duly approved pro1ects by the PA B-S R inaccordance !ith the guidelines developed by the PA B-S Rpurpose(

All incomes generated !ithin the Reserve shall accrue to thfund and may be utili*ed directly by the PA B-S R for thepurpose( These incomes shall be derived from ta es from tpermitted sale and e port of flora and fauna and other resothe Reserve0 proceeds from the lease of multiple-use or bareas0 contribution from industries and facilities directly from the Reserve0 and such other fees and incomes derivoperation of the Reserve(

S*+% - 14. Prohibited Acts(- The follo!ing acts are prohibithe Reserve:

2a3Hunting, destroying, disturbing or mere posseany marine resources or products derived therefro!ithout a permit from the PA B-S R0

2b3)umping or other!ise disposing of any !aste prdetrimental to the Reserve or to plants, animals orinhabitants therein0

2c3?se of any motori*ed e.uipment !ithout a perm

2d3 utilating, defacing or destroying ob1ects of nbeauty or ecological importance found !ithin the R

2e3 ineral or energy e ploration or any entry into tReserve !hich has a tendency to damage its ecolobalance0

2f3Constructing or maintaining any ind of structuor enclosures and conducting any business enterp!ithout a permit0

2g3Altering, removing, destroying or defacing bo

mar s or buoys0 and2h3Performing any other act analogous to the for

Provided,That the establishment of submarine electric po!transmission cables, submarine !ater pipelines, submarinetelecommunication !ires, and ports and !harves shall not bprohibited not!ithstanding the provisions of this Act(

S*+% - 15. Penalties(- Any person found guilty of any of thoffenses enumerated above shall be punished !ith fine in anot less than /ive thousand pesos 2P9,>>>3 but not more t


26/34

hundred thousand pesos 2P9>>,>>>3, e clusive of the value of thethings damaged, or imprisonment of not less than one 2%3 year andnot more than si 2D3 years, or both, as determined by the court(Prohibited acts mentioned in paragraph 2a3 of Section %< of this Actshall be punished !ith penalties imposed under Articles ;>& and ;%>of the Revised Penal Code( $f the Reserve re.uires rehabilitation andrestoration as determined by the court, the offender shall be re.uiredto restore or compensate for the restoration of the damage( The courtshall order the forfeiture of all mineral, flora or fauna collected orremoved, including all e.uipment, devices and firearms used inconnection there!ith, and any construction or improvements madethereon by the offender( $f the offender is an association orcorporation, the president or manager shall be responsible for the actof his8her employees and laborers(

S*+% - 16. Appropriations(- The amount necessary to carry out theprovisions of this Act shall be included in the 6eneral AppropriationsAct of the year follo!ing its enactment into la! and thereafter(

S*+% - 17. Transitory Provision(- Pending the organi*ation of a ne!PA B in accordance !ith this Act, the incumbent PA B membersshall continue to hold office until a ne! PA B has been convened(

S*+% - 18. Separability Clause(- $f any part of this Act shall bedeclared unconstitutional, such declaration shall not affect the otherparts or sections hereof(

S*+% - 1 . Repealing Clause(- All la!s, presidential decrees,e ecutive orders, and rules and regulations inconsistent !ith theprovisions of this Act shall be deemed repealed or modifiedaccordingly(

S*+% - 2!. ffectivity(- This Act shall ta e effect fifteen 2%93 daysafter its complete publication in t!o 2'3 ne!spapers of generalcirculation(

Approved,

2Sgd(3A UILINO .PIMENTEL )R.

President of the Senate

2Sgd(3FELICIANOBELMONTE )R.

Spea er of the House ofRepresentatives

This Act !hich is a consolidation of House Bill #o( 7&%< and SenateBill #o( ''9' !as finally passed by the House of Representativesand Senate on /ebruary 7, '>>%(

2Sgd(3LUTGARDO B.BARBO

Secretary of Senate

2Sgd(3ROBERTONA(ARENO

Secretary 6eneralHouse of Representatives

Approved: APR %< '>>%

2Sgd(3GLORIA MACAPAGAL'ARROYOresident of the hilippines

)" 3!, 2!!1

REPUBLIC ACT NO. 147

AN ACT PROVIDING FOR THE CONSERVATION ANDPROTECTION OF ILDLIFE RESOURCES AND THEIRHABITATS, APPROPRIATING FUNDS THEREFOR AND FOROTHER PURPOSES

Be it enacted by the Senate and the House of RepresentatiPhilippines in Congress assembled:

CHAPTER I

GENERAL PROVISIONS

S*+% - 1. T % *. This act shall be no!n as the Q4ildlife ResoConservation and Protection Act(

S*+% - 2. D*+ % - - P- + . $t shall be the policy of the Sto conserve the country+s !ildlife resources and their habisustainability( $n the pursuit of this policy, this Act shall hfollo!ing ob1ectives:

a( to conserve and protect !ildlife species and their hto promote ecological balance and enhance biological div

b( to regulate the collection and trade of !ildlife0c( to pursue, !ith due regard to the national interest,

Philippine commitment to international conventioprotection of !ildlife and their habitats0 and

d( to initiate or support scientific studies on the conof biological diversity(

S*+% - 3. S+- * - A + % - . The provisions of this Act shenforceable for all !ildlife species found in all areas of theincluding protected areas under Republic Act #o( 97D, otno!n as the #ational $ntegrated Protected Areas System 2Act, and critical habitats( This Act shall also apply to e ot!hich are sub1ect to trade, are cultured, maintained and8orcaptivity or propagated in the country(

S*+% - 4. )" $9 +% - - %:* D* %;* % - E < - ;* % 9

N %" R*$-" +*$ 9 %:* D* %;* % - A# +" %" *. The)epartment of nvironment and #atural Resources 2) #R3 shave 1urisdiction over all terrestrial plant and animal specturtles and tortoises and !etland species, including but not crocodiles, !aterbirds and all amphibians and dugong( The)epartment of Agriculture 2)A3 shall have 1urisdiction ovdeclared a.uatic critical habitats, all a.uatic resources inclunot limited to all fishes, a.uatic plants, invertebrates and amammals, e cept dugong( The secretaries of the ) #R and shall revie!, and by 1oint administrative order, revise and update the list of species under their respective 1urisdictioProvince of Pala!an, 1urisdiction herein conferred is veste


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Pala!an Council for Sustainable )evelopment pursuant to RepublicAct #o( D%%(

CHAPTER II

DEFINITION OF TERMS

S*+% - 5. D* % - - T* ;$. As used in the Act, the term:

a. QB - -$ *+% # means the research, collection andutili*ation of biological and genetic resources for purposes ofapplying the no!ledge derived there from solely for commercialpurposes0

b. QB ' -9"+% - 9* < %


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S*+% - 8. P-$$*$$ - - 9 *. #o person or entity shall beallo!ed possession of !ildlife unless such person or entity can provefinancial and technical capability and facility to maintain said !ildlife:Provided,

That the source !as not obtained in violation of this Act(

S*+% - . C- *+% - 9/- P-$$*$$ - - B 'P -9"+%$ 9D* < %


29/34

9 F " 9 F - . /or the implementation of $nternationalagreement on international trade in endangered species of !ild faunaand fora, the management authorities for terrestrial and a.uaticresources shall be the Protected Areas and 4ildlife Bureau 2PA4B3of the ) #R and the Bureau of /isheries and A.uatic Resources2B/AR3 of the )A, respectively and that in the Province of Pala!anthe implementation hereof is vested to the Pala!an Council forSustainable )evelopment pursuant to Republic Act #o( D%%(

To provide advice to the management authorities, there shall bedesignated scientific authorities for terrestrial and a.uatic8marinespecies( /or the terrestrial species, the scientific authorities shall bethe cosystems Research and )evelopment Bureau 2 R)B3 of the) #R, the ?(P( $nstitute of Biological Sciences and the #ationaluseum and other agencies as may be designated by the Secretary(/or the marine and a.uatic species, the scientific authorities shall bethe B/AR, the ?(P( arine Science $nstitute, ?(P( isayas, Siliman?niversity and the #ational useum and other agencies as may bedesignated by the Secretary: Provided, That in the case of terrestrialspecies, the R)B shall chair the scientific authorities, and in thecase of marine and a.uatic species, the ?(P( arine Science$nstitute shall chair the scientific authorities(

S*+% - 2!. A"%:- % - %:* S*+ *% %- I$$"* P* ; %$.- TheSecretary or the duly authori*ed representative, in order to effectivelyimplement this Act, shall issue permits8certifications8clearances !ithcorresponding period of validity, !henever appropriate, !hich shallinclude but not limited to the follo!ing:

%( 4ildlife farm or culture permit ; to 9 years0'( 4ildlife collector+s permit % to ; years0;( 6ratuitous permit % year0


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S*+% - 25. E$% = $:;* % - C % + H = % %$. - 4ithin t!o 2'3years follo!ing the effectivity of this Act, The Secretary shalldesignate critical habitats outside protected areas under Republic Act#o( 97D, !here threatened species are found( Such designationshall be made on the basis of the best scientific data ta ing intoconsideration species endemicity and8or richness, presence of man-made pressures8threats to the survival of !ildlife living in the area,among others(

All designated, critical habitats shall be protected, in coordination!ith the local government units and other concerned groups, fromany form of e ploitation or destruction !hich may be detrimental tothe survival of the threatened species dependent therein( /or suchpurpose, the Secretary may ac.uire, by purchase, donation ore propriation, lands, or interests therein, including the ac.uisition ofusufruct, establishment of easements or other underta ingsappropriate in protecting the critical habitat(

ARTICLE THREE

R*# $% % - - T: * %* *9 9 E>-% + S *+ *$

S*+% - 26. R*# $% % - - T: * %* *9 9 E>-% + 9 * %:*P-$$*$$ - - P < %* P* $- $. - #o person or entity shall beallo!ed possession of !ildlife unless such person or entity can provefinancial and technical capability and facility to maintain said !ildlife(T!elve 2%'3 months after the effectivity of this Act, the Secretary shallset a period, !ithin !hich persons8entities shall register allthreatened species collected and e otic species imported prior to theeffectivity of this Act( Ho!ever, !hen the threatened species isneeded for breeding8propagation or research purposes, the Statemay ac.uire the !ildlife through a mutually acceptable arrangement(

After the period set has elapsed, threatened !ildlife possessed!ithout certificate of registration shall be confiscated in favor of the

government, sub1ect to the penalties herein provided(All Philippine !ildlife !hich are not listed as threatened prior to theeffectivity of this Act but !hich may later become so, shall li e!ise beregistered during the period set after the publication of the updatedlist of threatened species(

CHAPTER IV ILLEGAL ACTS

S*+% - 27. I *# A+%$. - ?nless other!ise allo!ed in accordance!ith this Act, it shall be unla!ful for any person to !illfully andno!ingly e ploit !ildlife resources and their habitats, or underta ethe follo!ing acts0

2a3 illing and destroying !ildlife species, e cept in the follo!inginstances0

i( !hen it is done as part of the religious rituals of establishedtribal groups or indigenous cultural communities0

ii( !hen the !ildlife is afflicted !ith an incurablecommunicable disease0

iii( !hen it is deemed necessary to put an end to the miserysuffered by the !ildlife0

iv( !hen it is done to prevent an imminent danger to the life orlimb of a human being0 and

v( !hen the !ildlife is illed or destroyed after it has bused in authori*ed research or e periments

(

2b3 inflicting in1ury !hich cripples and8or impairs the repsystem of !ildlife species0

2c3 effecting any of the follo!ing acts in critical habitat2s

i( dumping of !aste products detrimental to !ildlife0ii( s.uatting or other!ise occupying any portion of th

habitat0iii( mineral e ploration and8or e traction0iv( burning0v( logging0 andvi( .uarrying

2d3 introduction, reintroduction or restoc ing of !ildlife re

2e3 trading of !ildlife0

2f3 collecting, hunting or possessing !ildlife, their by-prodderivatives0

2g3 gathering or destroying of active nests, nest trees, hosthe li e0

2h3 maltreating and8or inflicting other in1uries not coverpreceding paragraph0 and

2i3 transporting of !ildlife(

CHAPTER V

FINES AND PENALTIES

S*+% - 28. P* % *$ - V - % - $ - %: $ A+%./or any person!ho underta es illegal acts under paragraph 2a3 of the immpreceding section to any species as may be categori*ed puthis Act, the follo!ing penalties and8or fines shall be impo

a( imprisonment of a minimum of si 2D3 years andday to t!elve 2%'3 years and8or a fine of 5ne hundred thoupesos 2P%>>,>>>(>>3 to 5ne million pesos 2P%,>>>,>>inflicted or underta en against species listed as critical0

b( imprisonment of four 2,>>>(>hundred thousand pesos 2P9>>,>>>(>>3 if inflictunderta en against endangered species0

c( imprisonment of t!o 2'3 years and one 2

Natural Resources and Environmental Laws part1

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Transcript of Natural Resources and Environmental Laws part1