RA 7586 (1992) RA 11038 (2018)

Sec. 2. Declaration of Policy – Cognizant of the profound Section 2. Section 2 of Republic Act No. 7586
impact of man’s activities on all components of the natural
environment particularly the effect of increasing population,
The System shall recognize conservation areas and the
resource exploitation and industrial advancement and
management regimes being implemented by local government
recognizing the critical importance of protecting and
units (LGUs), local communities and indigenous peoples (IPs).
maintaining the natural biological and physical diversities of
"The State shall ensure the full implementation of this Act, the
the environment notably on areas with biologically unique
mobilization of resources for the institutional mechanisms
features to sustain human life and development, as well as
herein established, and the full scientific and technical support
plant and animal life, it is hereby declared the policy of the
needed for the conservation of biodiversity and the integrity of
State to secure for the Filipino people of present and future
the ecosystems, culture and indigenous practices."
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, posses common ecological values that may be
incorporated into a holistic plan representative of our natural
heritage; that effective administration of this area is possible
only through cooperation among national government, local
government and concerned private organizations; that the use
and enjoyment of these protected areas must 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
outstandingly remarkable areas and biologically important
public lands that are habitats of rare and endangered species
of plants and animals, biogeographic zones and related
ecosystems, whether terrestrial, wetland or marine, all of which
shall be designated as “protected areas”.

SECTION 4.          Definition of Terms – For purposes of this Section 3. Section 4 of Republic Act No. 7586 is hereby
Act, the following terms shall be defined as follows: amended to read as follows:

1. “National Integrated Protected Areas System (NIPAS)” is "Sec. 4. Definition of Terms. - For purpose of this Act, the
the classification and administration of all designated protected following terms shall be defined as follows:
areas to maintain essential ecological processes and life-
support systems, to preserve genetic diversity, to ensure
"(a) Biological diversity or biodiversity refers to the
sustainable use of resources found therein, and to maintain
variability among the living organisms from all
their natural conditions to the greatest extent possible;
sources including, inter alia, terrestrial, marine and
other aquatic ecosystems and the ecological
2. “Protected Area” refers to identified portions of land and complexes of which they are part; this includes
water set aside by reason of their unique physical and diversity within species, between species and of
biological significance, managed to enhance biological ecosystems;
diversity and protected against destructive human exploitation;
"(b) Bioprospecting refers to the research, collection,
3. “Buffer zones” are identified areas outside the boundaries of and utilization of biological and genetic resources for
and immediately adjacent to designated protected areas purposes of applying the knowledge derived
pursuant to Section 8 that need special development control in therefrom solely for commercial purposes;
order to avoid or minimize harm to the protected area;
"(c) Buffer zones refers to identified areas outside
4. “Indigenous cultural community” refers to a group of people the boundaries of and immediately adjacent to
sharing common bonds of language, customs, traditions and designated protected areas that need special
other distinctive cultural traits and who have since time development control in order to avoid or minimize
immemorial, occupied, possessed and utilized a territory; harm to the protected area;

5. “National park” refers to a forest reservation essentially of "(d) By-products or Derivatives refers to parts taken

natural wilderness character which has been withdrawn from or substances extracted from wildlife, in raw or in
settlement, occupancy or any form of exploitation except in processed form;
conformity with approved management plan and set aside as
such exclusively to conserve the area or preserve the scenery,
"(e) Collecting refers to the act of gathering or
the natural and historic objects, wild animals and plants therein harvesting wildlife and its by-products or derivatives;
and to provide enjoyment of these features in such areas;
"(f) Conveyance refers to every kind of vessel,
6. “Natural monuments” is a relatively small area focused on including motorized or nonmotorized vehicles,
protection of small features to protect or preserve nationally nondisplacement crafts and seaplanes that are used
significant natural features on account of their special interest or may be used as a means of transportation on
or unique characteristics; land or water. It shall include everything found
therein except personal effects;
7. “Natural biotic area” is an area set aside to allow the way of
life of societies living in harmony with the environment to adapt "(g) Delineation refers to the actual ground survey of
to modern technology at their pace; the boundaries of protected areas and their buffer
zones and management and management zones
using the global positioning system (GPS) or other
8. “Natural park” is a relatively large area not materially altered
applicable survey instruments and technologies, with
by human activity where extractive resource uses are not
the intention of producing a map of the area;
allowed and maintained to protect outstanding natural and
scenic areas of national or international significance for
scientific, educational and recreational use; "(h) Demarcation refers to the establishment of the
boundaries of protected areas and their buffer zones
using visible markers, monuments, buoys in case of
9. “Protected landscapes/seascapes” are areas of national
marine areas, and known natural features and
significance which are characterized by the harmonious
landmarks, among others, as a result of the actual
interaction of man and land while providing opportunities for
ground delineation;
public enjoyment through the recreation and tourism within the
normal lifestyle and economic activity of these areas;
"(i) Ecosystem goods and services refers to the
multitude of material and nonmaterial provisions and
10. “Resource reserve” is an extensive and relatively isolated
benefits from healthy ecosystems necessary for
and uninhabited area normally with difficult access designated
human sustenance, well-being, and survival
as such to protect natural resources of the area for future use
including support processes, provisioning and
and prevent or contain development activities that could affect
environment regulating services, and cultural
the resource pending the establishment of objectives which
resource preservation services;
are based upon appropriate knowledge and planning;

"(j) Endemic species  refers to the species or

11. “Strict nature reserve” is an area possessing some
subspecies of flora and fauna which are naturally
outstanding ecosystem, features and/or species of flora and
occurring and found within specific areas in the
fauna of national scientific importance maintained to protect
country;
nature and maintain processes in an undisturbed state in order
to have ecologically representative examples of the natural
environment available for scientific study, environmental "(k) Exotic species refer to the species or
monitoring, education, and for the maintenance of genetic subspecies of flora and fauna which do not naturally
resources in a dynamic and evolutionary state; occur within the protected area at present or in
historical time;
12. “Tenured migrant communities” are communities within
protected areas which have actually and continuously "(l) Exploration refers to the act of searching or
occupied such areas for five (5) years before the designation prospecting for mineral resources, as defines by law,
of the same as protected areas in accordance with this Act and by geological, geochemical or geophysical surveys,
are solely dependent therein for subsistence; and remote sensing, test pitting, trenching, drilling, shaft
sinking, tunneling, or any other means, for the
purpose of determining the existence, extent,
13. “Wildlife sanctuary” comprises an area which assures the
quantity, and quality of resources in an area, and the
natural conditions necessary to protect nationally significant
feasibility of utilizing these resources for profit;
species, groups of species, biotic communities or physical
features of the environment where these may require specific
human manipulations for their perpetuation. "(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. 1âwphi1 These include
private owners, IPs, tenured migrants and informal
settlers;

"(dd) Protected Area Retained Income

Account refers to the trust fund maintained by any
protected area and administered by the respective
Protected Area Management Boards (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 5.          Establishment and Extent of the System – Section 4. Section 5 of Republic Act No. 7586 is hereby
The establishment and operationalization of the System shall amended to read as follows:
involve the following:
"Sec. 5. Establishment and Extent of the System. - The
1. All areas or islands in the Philippines proclaimed, establishment and operationalization of the System shall
designated or set aside, pursuant to a law, presidential decree, involve the following:
presidential proclamation or executive order as national park,
game refuge, bird and wildlife sanctuary, wilderness area,
(a) All areas or islands in the Philippines proclaimed,
strict nature reserve, watershed, mangrove reserve, fish
designated or set aside, pursuant to a law, presidential decree,
sanctuary, natural and historical landmark, protected and
presidential proclamation or executive order as national park,
managed landscape/seascape as well as identified virgin
game refuge, bird and wildlife sanctuary, wilderness area,
forests before the effectivity of this Act are hereby designated
strict nature reserve, watershed, mangrove reserve, fish
as initial components of the System. The initial components of
sanctuary, natural and historical landmark, protected and
the System shall be governed by existing laws, rules and
managed landscape/seascape as well as old growth forests
regulations, not inconsistent with this Act;
identified before the effectivity of this Act or still to be identified,
are hereby designated as initial components of the System.
2. Within one (1) year from the effectivity of this Act, the DENR The initial components of the System shall be governed by
shall submit to the Senate and the House of Representatives a existing laws, rules, and regulations, not inconsistent with this
map and legal descriptions or natural boundaries of each Act.
protected area initially comprising the System. Such maps and
legal description shall, by virtue of this Act, constitute the
"(a.1.) Establishment as Protected Areas. - Aside from the
official documentary representation of the entire System,
areas already declared as protected areas through acts of
subject to such changes as Congress deems necessary;
Congress, the following parcels of land and/or bodies of water
are hereby established as protected areas within the
3. All DENR records pertaining to said protected areas, classification of national park pursuant to the Philippine
including maps and legal descriptions or natural boundaries, Constitution:
copies of rules and regulations governing them, copies of
public notices of, and reports submitted to Congress regarding
"The boundaries and technical description of each protected
pending additions, eliminations, or modifications shall be made
area as described in the attached Annex, which are duly
available to the public. These legal documents pertaining to
certified accurate on every page thereof by the National
protected areas shall also be available to the public in the
Mapping and Resource Information Authority (NAMRIA) are
respective DENR Regional Offices, Provincial Environment
hereby adopted and made an integral part thereof.
and Natural Resources Offices (PENROs) and Community
Environment and Natural Resources Offices (CENROs) where
NIPAS areas are located; "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
4. Within three (3) years from the effectivity of this Act, the
be modified except by an act of Congress.
DENR shall study and review each area tentatively composing
the System as to its suitability or non-suitability for
preservation as protected area and inclusion in the System "(a.2.) The Remaining Initial Components. - Within three (3)
according to the categories established in Section 3 hereof years from the effectivity of this Act, the DENR shall undertake
and report its findings to the President as soon as each study the following activities in preparation for the establishment of
is completed. The study must include in each area: the remaining initial components as protected areas through
an act of Congress:
1.         A forest occupants survey;
"(1) Provide maps and technical descriptions of the areas;
2.         An ethnographic study;
"(2) Conduct suitability assessment of the areas; and
3.         A protected area resource profile;
"(3) Conduct public consultations.
4.         Land use plans done in coordination with the
respective Regional Development Councils; and Any initial component that does not satisfy the
abovementioned requirements shall be disestablished
pursuant to Section 7 of this Act.
5.         Such other background studies as will be sufficient
bases for selection.
"(b) All DENR records pertaining to said protected areas,
including maps and technical descriptions or natural
The DENR shall:
boundaries, copies of rules and regulations governing them,
copies of public notices of, and reports submitted to Congress
1. Notify the public of proposed action through publication in a regarding pending additions, eliminations, or modifications
newspaper of general circulation, and such other means as the shall be made available to the public. These legal documents
System deems necessary in the area or areas in the vicinity of pertaining to protected areas shall also be available to the
the affected land thirty (30) days prior to the public hearing; public in the respective DENR Regional Offices, Provincial
Environment and Natural Resources Offices (PENROs) and
i.          Conduct public hearings at the locations nearest to the Community Environment and Natural Resources Offices
area affected; (CENROs) and Protected Area Management Offices (PAMOs)
where protected areas are located;
ii.         At least thirty (30) days prior to the date of hearing,
advise all Local Government Units (LGUs) in the affected "(c) The DENR shall conduct a suitability assessment for each
areas, national agencies concerned, people’s organizations of the proposed protected area. If found suitable for inclusion
and non-government organizations and invite such officials to in the System according to the categories established in
submit their views on the proposed action at the hearing not Section 3 hereof, a report containing the following items shall
later than thirty (30) days following the date of hearing; and be submitted to the president as soon as the study is
completed, to wit:
iii.        Give due consideration to the recommendations at the
public hearing; and provide sufficient explanation for his "(1) A Protected area occupants survey;
recommendations contrary to the general sentiments
expressed in the public hearing;
"(2) An ethnographic study;

2. Upon receipt of the recommendations of the DENR, the

"(3) A protected area resource profile;
President shall issue a presidential proclamation designating
the recommended areas as protected areas and providing for
measures for their protection until such time when Congress "(4) Land and water use plans; and
shall have enacted a law finally declaring such recommended
areas as part of the integrated protected area systems; and
"(5) Other background studies.

3. Thereafter, the President shall send to the Senate and the

"(d) In the conduct of public consultation, the DENR shall:
House of Representatives his recommendations with respect
to the designations as protected areas or reclassification of
each area on which review has been completed, together with "(1) Notify the public of proposed action through publication in
maps and legal description of boundaries. The President, in a newspaper of general circulation and such other means
his recommendation, may propose the alteration of existing including notices to the stakeholders that will likely be affected
boundaries of any or all proclaimed protected areas, addition within the respective localities, thirty (30) days prior to the
of any contiguous area of public land of predominant physical public consultation;
and biological value. Nothing contained herein shall limit the
President to propose, as part of his recommendation to
Congress, additional areas which have not been designated, "(2) Conduct public consultation at locations near the proposed
proclaimed or set aside by law, presidential decree, protected area;
proclamation or executive orders as protected area/s.
"(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."

SECTION 6.          Additional Areas to be Integrated to the Section 5. Section 6 of Republic Act No. 7586 is hereby
System. – Notwithstanding the establishment of the initial amended to read as follows:
component of the additional areas with outstanding physical
features, anthropological significance and biological diversity in
"Sec. 6. Additional Areas to be Included into the System. -
accordance with the provisions of Section 5d.
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 8.          Buffer Zones. – For each protected area, Section 6. Section 8 of Republic Act No. 7586 is hereby
there shall be established peripheral buffer zones when amended to read as follows:
necessary, in the same manner as Congress establishes the
protected area, to protect the same from activities that will
"Sec. 8. Buffers Zones. - When necessary, the DENR
directly and indirectly harm it. Such buffer zones shall be
Secretary, upon the recommendation of the PAMB, may be
included in the individual protected area management plan that
designate areas surrounding the protected areas as buffer
shall prepared for each protected area. The DENR shall
zones for the purpose of providing extra layer of protection
exercise its authority over protected areas as provided in this
where restrictions may be applied:  Provided, That, in cases
Act on such area and designated as buffer zones.
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 9.          Management Plans. – Section 7. Section 9 of Republic Act No. 7586 is hereby
amended to read as follows:
There shall be a general management planning strategy to
serve as guide in formulating individual plans for each "Sec. 9. Management Plan. -Within one (1) year from the
protected area. The management planning strategy shall, at establishment of the protected area there shall be a
the minimum, promote the adoption and implementation of management plan formulated for each protected area that
innovative management techniques including if necessary, the small serve as the basic long-term framework plan for the
concept of zoning, buffer zone management for multiple use management of the protected area and guide in the
and protection, habitat conservation and rehabilitation, preparation of its annual operations plan and budget.
diversity management, community organizing, socioeconomic
and scientific researches, site-specific policy development,
"The management plan shall, at the minimum, promote the
pest management, and fire control. The management planning
adoption and implementation of innovative management
strategy shall also provide guidelines for the protection of
techniques including, when necessary, zoning, buffer zone
indigenous cultural communities, other tenured migrant
management, habitat conservation and rehabilitation, diversity
communities and sites for close coordination between and
management, community organizing and development,
among local agencies of the Government as well as the private
socioeconomic and scientific researches, site-specific policy
sector.
development, climate change adaptation and mitigation,
disaster risk reduction and management, waste sewerage and
Each component area of the System shall be planned and septic management, and gender and development, among
administered to further protect and enhance the permanent others.
preservation of its natural conditions. A management manual
shall be formulated and developed which must contain the
"The plan shall be harmonized with the Ancestral Domain
following: an individual management plan prepared by three
Sustainable Development and Protection Plan (ADSDPP)
(3) experts, basic background information, field inventory of
required under Republic Act No. 8371, or "The Indigenous
the resources within the area, an assessment of assets and
People's Right Act of 1997', the respective Compreshensive
limitations, regional interrelationships, particular objectives for
Land Use Plans (CLUPs) of local governments required under
managing the area, appropriate division of the area into
Republic Act No. 7160 or the 'Local Government Code of
management zones, a review of the boundaries of the area,
1991' and other local plans."
and a design of the management programs.

SECTION 10.        Administration and Management of the Section 8. Section 10 of Republic Act No. 7586 is hereby
System. – The National Integrated Protected Areas System is amended to read as follows:
hereby placed under the control and administration of the
Department of Environment and Natural Resources. For this
"Sec. 10. Administration and Management of the System. -
purpose, there is hereby created a division in the regional
The National Integrated Protected Area System (NIPAS) is
offices of the Department to be called the Protected Areas and
hereby placed under the control and administration of the
Wildlife Division in regions where protected areas have been
DENR through the Biodiversity Management Bureau (BMB).
established, which shall be under the supervision of a
Regional Technical Director, and shall include subordinate
officers, clerks, and employees as may be proposed by the "To carry out the mandate of this Act, the secretary of the
Secretary, duly approved by the Department of Budget and DENR is empowered to perform the following acts:
Management, and appropriated by the Congress. The Service
thus established shall manage protected areas and promote
"(a) Issue a system-wide set of rules and regulations to
the permanent preservation, to the greatest extent possible of
implement the provision of this Act;
their natural conditions.

"(b) Set standards, procedures, and protocols for the

To carry out the mandate of this Act, the Secretary of the establishment and management of protected areas and the
DENR is empowered to perform any and all of the following System, such as, but not limited to conduct of study, zoning,
acts: review of plans and project proposals, specifications and types
of buildings and other structures, and installation of uniform
markers and symbols;
a.         To conduct studies on various characteristic features
and conditions of the different protected areas, using
commonalities in their characteristics, classify and define them "(c) Deputize field officers and other technical and support
into categories and prescribe permissible or prohibited human personnel;
activities in each category in the System;
"(d) Determine a system-wide set of fees and charges to
b.         To adopt and enforce a land use scheme and zoning ensure sustainable financing of protected areas and the
plan in adjoining areas for the preservation and control of System;
activities that may threaten the ecological balance in the
protected areas;
"(e) Impose administrative fines and penalties;

c.         To cause the preparation of and exercise the power to

"(f) Report on the status of the Integrated Protected Area Fund
review all plans and proposals for the management of
(IPAF), its collection of fees, and disbursements from the
protected areas;
IPAF;

d.         To promulgate rules and regulations necessary to carry

"(g) Designate the appropriate Chairperson of each PAMB;
out the provisions of this Act;

"(h) Enter into contracts and/or agreements with private

e.         To deputize field officers and delegate any of his
entities or public agencies as may be necessary to carry out
powers under this Act and other laws to expedite its
the objectives of the System;
implementation and enforcement;

"(i) Accept in the name of the Philippine Government and in

f.          To fix and prescribe reasonable NIPAS fees to be
behalf of NIPAS funds, gifts or bequest of money for
collected from government agencies or any person, firm or
immediate disbursements or other property in the interest of
corporation deriving benefits from the protected areas;
the NIPAS, its activities or its services;

g.         To exact administrative fees and fines as authorized in

"(j) Call on any agency or instrumentality of the Government as
Section 21 for violation of guidelines, rules and regulations of
well as academic institutions, NGOs and the private sector as
this Act as would endanger the viability of protected areas;
may be necessary to accomplish the objectives and activities
of the System;
h.         To enter into contracts and/or agreements with private
entities or public agencies as may be necessary to carry out
"(k) Submit an annual report to the President of the Republic of
the purposes of this Act;
the Philippines and to Congress on the status of protected
areas in the country;
i.          To accept in the name of the Philippine Government
and in behalf of NIPAS funds, gifts or bequests of money for
"(l) Oversee and set guidelines in the construction, operations
immediate disbursements or other property in the interest of
and maintenance of roads, trails, waterworks, sewerage
the NIPAS, its activities or its services;
systems, fire protection, sanitation systems and other public
utilities within the protected area;
j.          To call on any agency or instrumentality of the
Government as well as academic institutions, non-government
"(m) Within the limits allowed by existing laws, rules and
organizations and the private sector as may be necessary to
regulations ensure that settlement areas inside the protected
accomplish the objectives and activities of the System;
area shall not be expanded and that coverage shall only be
limited to the original area/s occupied by tenured migrants and
k.         To submit an annual report to the President of the indigenous communities; and
Philippines and to Congress on the status of protected areas in
the country;
"(n) Perform such other functions as may be directed by the
President of the Republic of the Philippines, and to do cuh acts
l.          To establish a uniform marker of the System, including as may be necessary to the accomplishment of the purposes
an appropriate and distinctive symbol for each category in the and objectives of the System."
System, in consultation with appropriate government agencies
and public and private organizations;

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

style of buildings and other structures to be constructed in
protected areas and the materials to be used;
n.         Control the construction, operation and maintenance of
roads, trails, waterworks, sewerage, fire protection, and
sanitation systems and other public utilities within the
protected area;

o.         Control occupancy of suitable portions of the protected

area and resettle outside of said area forest occupants therein,
with the exception of the members of indigenous communities
area; and

p.         To perform such other functions as may be directed by

the President of the Philippines, and to do such acts as may
be necessary or incidental to the accomplishment of the
purpose and objectives of the System.

SECTION 11.        Protected Area Management Board. – A Section 9. Section 11 of the Republic Act No. 7586 is hereby
Protected Area Management Board for each of the established amended to read as follows:
protected area shall be created and shall be composed of the
following: The Regional Executive Director under whose
"Sec. 11. Protected Area Management Board (PAMB ). - Within
jurisdiction the protected area is located; one (1)
three (3) months after the effectivity of this Act, a PAMB shall
representative from the autonomous regional government, if
be created for each of the protected areas designated as initial
applicable; the Provincial Development Officer; one (1)
component, established by presidential proclamation, and
representative from the municipal government; one (1)
declared by law. The Board shall be composed of the
representative from each barangay covering the protected
following:
area; one (1) representative from each tribal community, if
applicable; and, at least three (3) representatives from non-
government organizations/local community organizations, and "(a) DENR Regional Director under whose jurisdiction the
if necessary, one (1) representative from other departments or protected area is located, as Chairperson;
national government agencies involved in protected area
management.
"(b) Governor/s of the province/s where the protected area is
located or their duly designated representative/s;
The Board shall, by a majority vote, decide the allocations for
budget, approve proposals for funding, decide matters relating
"(c) A Senator of the Republic of the Philippines who is a duly
to planning, peripheral protection and general administration of
registered resident of the city or province where the protected
the area in accordance with the general management strategy.
area is located or a duly authorized representative, unless the
The members of the Board shall serve for a term of five (5)
Senator declines membership in the PAMB;
years without compensation, except for actual and necessary
traveling and subsistence expenses incurred in the
performance of their duties. They shall be appointed by the "(d) District Representative/s of the Congressional district/s
Secretary of the DENR as follows: where the protected area is located or their duly designated
representatives, unless the District Representative declines
membership in the PAMB;
a.         A member who shall be appointed to represent each
local government down to barangay level whose territory or
portion is included in the protected area. Each appointee shall "(e) Mayor/s of the city/cities or municipality/municipalities
be the person designated by the head of such LGU, except for where the protected area is located or their duly designated
the Provincial Development Officer who shall serve ex officio; representative/s;

b.         A member from non-government organizations who "(f) Chairpeson/s of the barangay/s where the protected area
shall be endorsed by heads of organizations which are is located;
preferably based in the area or which have established and
recognized interest in protected areas;
"(g) Regional Directors of the following government agencies,
namely: the Department of Agriculture (DA), the National
c.         The RED/s in the region/s where such protected area Economic and Development Authority (NEDA), the
lies shall sit as ex officio member of the Board and shall serve Department of Science and Technology (DOST), the Philippine
as adviser/s in matters related to the technical aspect of National Police (PNP), and the Department of National
management of the area; and Defense (DND);

d.         The RED shall act as chairman of the Board. When "(h) Three (3) representatives from either an NGO or PO, duly
there are two (2) or more REDs in the Board, the Secretary accredited both by the DENR and the provincial government.
shall designate one (1) of them to be the Chairman. Vacancies The NGO or PO represented should have been in existence
shall be filled in the same manner as the original appointment. 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;

"(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;

"(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 12.        Environmental Impact Assessment. – Section 11. Section 12 of Republic Act No. 7586 is hereby
Proposals for activities which are outside the scope of the amended to read as follows:
management plan for protected areas shall be subject to an
environmental impact assessment as required by law before
"Sec. 12. Environmental Impact Assessment
they are adopted, and the results thereof shall be taken into
(EIA). Considering that protected areas are environmentally
consideration in the decision-making process.
critical areas, the proponent of development projects and
activities with potentially significant adverse impacts as
No actual implementation of such activities shall be allowed determined by the Environmental Management Bureaus
without the required Environmental Compliance Certificate (EMB), whether or not these projects or activities are included
(ECC) under the Philippine Environmental Impact Assessment in the management plan, shall secure an Environmental
(EIA) system. In instances where such activities are allowed to Compliance Certificate (ECC) in accordance with the
be undertaken, the proponent shall plan and carry them out in Philippine Environment Impact Statement (EIS)
such manner as will minimize any adverse effects and take System: Provided, That for development projects and activities
preventive and remedial action when appropriate. The that are not environmentally critical, an initial environmental
proponent shall be liable for any damage due to lack of caution examination (IEE) shall be undertaken instead of a full-blown
or indiscretion. 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 13.        Ancestral Lands and Rights Over Them. – Section 12. Section 13 of Republic Act No. 7586 is hereby
amended to read as follows:
Ancestral lands and customary rights and interest arising shall
be accorded due recognition. The DENR shall prescribe rules
"Sec. 13. Ancestral Domains and Customary Rights.  -
and regulations to govern ancestral lands within protected
ancestral domains and customary rights shall be accorded due
areas: Provided, that the DENR shall have so power to evict
recognition.
indigenous communities from their present occupancy nor
resettle them to another area without their consent: Provided,
however, That all rules and regulations, whether adversely "As part of heritage preservation and pursuant to the need to
affecting said communities or not, shall be subjected to notice conserve biologically significant areas, the territories and areas
and hearing to be participated in by members of concerned occupied and conserved for and by IPs and communities shall
indigenous community.
 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 14.        Survey for Energy Resources. – Section 13. Section 14 of Republic Act. No. 7586 is hereby
amended as follows:
Consistent with the policies declared in Section 2 hereof,
protected areas, except strict nature reserves and natural
"Sec. 14. Energy Resources. - Consistent with the policies
parks, may be subjected to exploration only for the purpose of
declared in Section 2 hereof, the exploration for energy
gathering information on energy resources and only if such
resources may be allowed in protected areas only for the
activity is carried out with the least damage to surrounding
purpose of gathering data and information and only if such
areas. Surveys shall be conducted only in accordance with a
activity is carried out with the least damage to surrounding
program approved by the DENR, and the result of such
areas.
surveys shall be made available to the public and submitted to
the President for recommendation to Congress. Any
exploitation and utilization of energy resources found within "Surveys for nonrenewable energy projects shall be conducted
NIPAS areas shall be allowed only through a law passed by only in accordance with a program approved by the DENR,
Congress. 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 15.        Areas Under the Management of Other Section 14. Section 15 of Republic Act No. 7586 is hereby
Departments and Government Instrumentalities. – amended to read as follows:

Should there be protected areas, or portions thereof, under the

"Sec. 15. Areas Under the Management of Other Departments
jurisdiction of government instrumentalities other than the
and Government Instrumentalities.  - Should there be protected
DENR, such jurisdiction shall, prior to the passage of this Act,
areas, or portions thereof, under the jurisdiction of government
remain in the said department or government instrumentality;
instrumentalities other than the DENR, such jurisdiction shall
Provided, That the department or government instrumentality
remain in the said department or government
exercising administrative jurisdiction over said protected area
instrumentality: Provided, That the DENR shall retain its
or a portion thereof shall coordinate with the DENR in the
oversight function over such protected areas, and the
preparation of its management plans, upon the effectivity of
concerned agency shall provide annual reports on the
this Act.
management of said areas focusing on the conservation of the
 biodiversity therein."

SECTION 16.        Integrated Protected Areas Fund. – There Section 15. Section 16 of Republic Act No. 7586, as amended
is hereby established a trust fund to be known as Integrated by Republic Act. No. 10629, is hereby further amended to read
Protected Areas (IPAS) Fund for purposes of financing as follows:
projects of the System. The IPAS may solicit and receive
donations, endowments, and grants in the form of
"Sec. 16. Integrated Protected Area Fund (IPAF).  - There is
contributions, and such endowment shall be exempted from
hereby established a trust fund to be known as Integrated
income or gift taxes and all other taxes, charges or fees
Protected Area Fund (IPAF) for purpose of financing the
imposed by the Government or any political subdivision or
projects and sustaining the operation of protected areas and
instrumentality thereof.
the System. Income generated from the operation and
management of protected area shall accrue to the IPAF. The
All incomes generated from the operation of the System or income shall be derived from fees and charges from the use of
management of wild flora and fauna shall accrue to the Fund resources and facilities of protected areas; contributions from
and may be utilized directly by the DENR for the above industries and facilities directly benefiting from the protected
purpose. These incomes shall be derived from: area; and such other fees and income derived from the
operation of the protected area.
a.         Taxes from the permitted sale and export of flora and
fauna and other resources from protected areas; "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
b.         Proceeds from lease of multiple use areas;
(PA-RIA) in any authorized government depository bank within
the locality: Provided, That disbursement out of such deposits
c.         Contributions from industries and facilities directly shall be used solely for the protection, maintenance,
benefiting from the protected area; and administration, and management of the protected area and
implementation of duly approved projects of the PAMB.
d.         Such other fees and incomes derived from the
operation of the protected area. Disbursements from the "Grants, donations, and endowments from various sources,
Funds shall be made solely for the protection, maintenance, domestic or foreign, shall be deposited in full in a special
administration, and management of the System, and duly account in the National Treasury to be used for the purpose
approved projects endorsed by the PAMBs, in the amounts specified in the deeds and instruments covering them.
authorized by the DENR.
"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 19.        Special Prosecutors. – Section 17. Section 19 of Republic Act No. 7586 is hereby
amended to read as follows:
The Department of Justice shall designate special prosecutors
to prosecute violations of laws, rules and regulations in
"Sec. 19. Special Prosecutors and Retained Counsel.  - Within
protected areas.
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 20.        Prohibited Acts. – Except as may be Section 18. Section 20 of Republic Act No. 7586 is hereby
allowed by the nature of their categories and pursuant to rules amended to read as follows:
and regulations governing the same, the following acts are
prohibited within protected areas:
"Sec. 20. Prohibited Acts. - Except as may be allowed by the
nature of their categories and pursuant to rules and regulations
a.         Hunting, destroying, disturbing, or mere possession of governing the same, the following acts are prohibited within
any plants or animals or products derived therefrom without a protected areas:
permit from the Management Board;
"(a) Poaching, killing, destroying, disturbing of any wildlife
b.         Dumping of any waste products detrimental to the including in private lands within the protected area;
protected area, or to the plants and animals or inhabitants
therein;
"(b) Hunting, taking, collecting, or possessing of any wildlife, or
by-products derived therefrom, including in private lands within
c.         Use of any motorized equipment without a permit from the protected area without the necessary permit, authorization
the Management Board; 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
d.         Mutilating, defacing or destroying objects of natural
(Wildlife Resources, Conservation and Protection Act) or
beauty, or objects of interest to cultural communities (of scenic
harvests of nonprotected species in multiple-use zones by
value);
tenured migrants and IPs;

e.         Damaging and leaving roads and trails in a damaged

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

g.         Constructing or maintaining any kind of structure, fence "(d) Possessing or transporting outside the protected area any
or enclosures, conducting any business enterprise without a timber, forest products, wildlife, or by-products derived
permit; 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;
h.         Leaving in exposed or unsanitary conditions refuse or
debris, or depositing in ground or in bodies of water; and
"(e) Using any fishing or harvesting gear and practices or any
of their variations that destroys coral reefs, seagrass beds or
i.          Altering, removing destroying or defacing boundary other marine life and their associated habitats or terrestrial
marks or signs. 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;

"(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 21.        Penalties. – Section 19. Section 21 of Republic Act No. 7586 is hereby
amended to read as follows:
Whoever violates this Act or any rules and regulations issued
by the Department pursuant to this Act or whoever is found
"Sec. 21. Penalties. - Violation under this Act shall be subject
guilty by a competent court of justice of any of the offenses in
to the following penalties:
the preceding section shall be fined in the amount of not less
than Five thousand pesos (P5,000) nor more than Five
hundred thousand pesos (P500,000), exclusive of the value of "(a) A fine of not less than Two hundred thousand
the thing damaged or imprisonment for not less than one (1) pesos (P200,000) but not more than One million
year but not more than six (6) years, or both, as determined by pesos (P1,000,000) or imprisonment from one (1)
the court: Provided, that, if the area requires rehabilitation or year but not more than six years, or both, plus
restoration as determined by the court, the offender shall be damages of triple the value of the said resources, or
required to restore or compensate for the restoration to the both, shall be imposed upon any person who
damages: Provided, further, that court shall order the eviction violates paragraphs (a) to (e) of Section 20 herein;
of the offender from the land and the forfeiture in favor of the
Government of all minerals, timber or any species collected or
"(b) A fine of not less than Two hundred thousand
removed including all equipment, devices and firearms used in
pesos (200,000) but not more than One million
connection therewith, and any construction or improvement
pesos (P1,000,000) or imprisonment from one (1)
made thereon by the offender.  If the offender is an association
year but not more than six years, or both, shall be
or corporation, the president or manager shall be directly
imposed upon any person who violates paragraphs
responsible for the act of his employees and laborers:
(f) to (p) of Section 20 herein;
Provided, finally, that the DENR may impose administrative
fines and penalties consistent with this Act.
"(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.1âwphi1

"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 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.

"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."