Republic Act no.

7586
(National Integrated
Protected Areas System
Act of 1992)
REPORTED BY:
MARK HOWELL L. ESGUERRA
LAW ON NATURAL RESOURCES
 Republic Act no. 7586 (National
Integrated Protected Areas System
Act of 1992)
 Enacted to secure the perpetual existence of all native plants and
animals through the establishment of a comprehensive system of
integrated protected areas that possesses common ecological values
that were incorporated into a holistic plan representative of our national
heritage,.
 It classifies and administers all the designated protected areas to maintain
essential economic process and life support system to preserve genetic
diversity, to ensure sustainable use of resource found therein and to
maintain their natural conditions to the greatest extent possible.
Declaration of Policy

 Cognizant of the profound impact of man’s activities on all components

of the natural environment particularly the effect of increasing
population, resource exploitation and industrial advancement and
recognizing the critical importance of protecting and maintaining the
natural biological and physical diversities of the environment notably on
areas with biologically unique features to sustain human life and
development, as well as plant and animal life, it is hereby declared the
policy of the State to secure for the Filipino people of present and future
generations the perpetual existence of all native plants and animals
through the establishment of a comprehensive system of integrated
protected areas within the classification of national park as provided for in
the Constitution.
The Policy

 The law recognizes these areas possesses common ecological values that
may be incorporated into the holistic plan representative of our natural
heritage. The Effective administration could be attained through the
cooperation of National Government, Local Government and concerned
Private organizations and that the use and enjoyment of the area must be
with the principles of biological diversity.
Section 2 : Biodiversity Conservation

 ….to secure for the Filipino people of present and future generations the
perpetual existence of all native plants and animals through the
establishment of a comprehensive system of integrated protected areas
within the classification of national park as provided for in the Constitution
Section 2 : Biodiversity Conservation

 The Act focuses on the:

1. Habitat and Ecosystem Related Conservation
2. Identifying Forest, Watersheds, Coastal Zones, Coral Reefs and other such
areas that represent wide variety of ecosystem.
The wild Life Sanctuary:
Aimed Specifically at the species related conservation.
NIPAS also take into account irreplaceable areas with unique natural
Characteristics and cultural important Areas.
Categories (Section 3)

 a. Strict nature reserve;

 b. Natural park;
 c. Natural monument;
 d. Wildlife sanctuary;
 e. Protected landscapes and seascapes;
 f. Resource reserve;
 g. Natural biotic areas; and
 h. Other categories established by law, conventions or international
agreements which the Philippine Government is a signatory.
Tañon Strait – A protected area

 Protected landscapes/seascapes“ (Section 4) are areas of national

significance which are characterized by the harmonious interaction of
man and land while providing opportunities for public enjoyment through
the recreation and tourism within the normal lifestyle and economic
activity of these area
 Pursuant to Proclamation no. 1234, was set aside and declared a
protected area under the category of seascape.
 The management plan must be designed to protect and enhance the
permanent preservation of its natural resources.
No Exploitation and utilization may be
done in protected Seascape

 Section 14. Survey for Energy Resources. – Consistent with the policies
declared in Section 2 hereof, protected areas, except strict nature
reserves and natural parks, may be subjected to exploration only for the
purpose of gathering information on energy resources and only if such
activity is carried out with the least damage to surrounding areas. Surveys
shall be conducted only in accordance with a program approved by the
DENR, and the result of such surveys shall be made available to the public
and submitted to the President for recommendation to Congress. Any
exploitation and utilization of energy resources found within NIPAS areas
shall be allowed only through a law passed by Congress
No Exploitation and utilization may be
done in protected Seascape

 “Section 14 is not an exception to Section 12, but instead provides

additional requirements for cases involving Philippine energy resources.
The National Integrated Protected Areas System Act of 1992 was enacted
to recognize the importance of protecting the environment in light of
resource exploitation, among others. Systems are put in place to secure
for Filipinos local resources under the most favorable conditions. With the
status of Tañon Strait as a protected seascape, the institution of additional
legal safeguards is even more significant.”
 Agnes vs. Republic (G.R. No. 156022)

 Proclamation no. 1578 (1976)

 Declared Calauit Island as a game preserve and wildlife sanctuary
 Prohibits the hunting, wounding taking or killing any wild animals or birds or the
destruction of vegetation or any act causing the disturbance to the habitat of
the wildlife
 Proclamation no.1626 (1977)
 Declares Halsey and Burabod, a certain portion of Culion Leper Colony
Reservation excluded from the reservation and opening them to disposition
under the provisions of the Public Land Act.
 These became the resettlement areas for the settlers of Calauit.
 Agnes vs. Republic (G.R. No. 156022)

 The President through the National Commission on Indigeneous People

Issued a Certificate of Ancestral Domain Title in the Municipality of
Busuanga, Palawan in favor of Tagbanua Indigeneous Cultural
Community.These Serves as evidence of their right to hold in ownership
the ancestral domain as their private community property.
 Issue:
 The issue here is whether the resettlement agreements are valid and
whether the petitioner may be compelled to vacate Calauit by virtue of
resettlement agreements.
 Agnes vs. Republic (G.R. No. 156022)

 Held:
 The Court Decided in the favor of the Petitioners.
 Under the CADT, the Tagbanua ICC is given authority "TO HAVE AND HOLD IN
OWNERSHIP, the x x x described ancestral domain as their private but
community property, which belongs to all generations of the said Indigenous
Cultural Community/Indigenous Peoples"; and "TO DEVELOP, CONTROL,
MANAGE and UTILIZE COLLECTIVELY the said ANCESTRAL DOMAIN with all the
rights, privileges and responsibilities appurtenant thereto, subject to the
condition that the said ancestral domain shall NOT be SOLD,
DISPOSED, nor DESTROYED."
Establishment of Systems

 Sec. 5 (1) - All areas or islands in the Philippines proclaimed, designated or

set aside, pursuant to a law, presidential decree, presidential
proclamation or executive order as national park, game refuge, bird and
wildlife sanctuary, wilderness area, strict nature reserve, watershed,
mangrove reserve, fish sanctuary, natural and historical landmark,
protected and managed landscape/seascape as well as identified virgin
forests before the effectivity of this Act are hereby designated as initial
components of the System. The initial components of the System shall be
governed by existing laws, rules and regulations, not inconsistent with this
Act
 PICOP Resources vs. Base Metal
Mineral Resources

 Although the above-cited area status and clearances, particularly those

pertaining to MPSA Nos. 012 and 013, state that portions thereof are within
the wilderness area of PICOP, there is no showing that this supposed
wilderness area has been proclaimed, designated or set aside as such,
pursuant to a law, presidential decree, presidential proclamation or
executive order. It should be emphasized that it is only when this area has
been so designated that Sec. 20 of RA 7586, which prohibits mineral
locating within protected areas, becomes operational.
 From the foregoing, there is clearly no merit to PICOP's contention that the
area covered by Base Metals' MPSA is, by law, closed to mining activities
Buffer Zones

 Are identified areas outside the boundaries of and immediately adjacent

to designated protected areas pursuant to Section 8 that need special
development control in order to avoid or minimize harm to the protected
area.
 These may be private of public lands included in the individual protected
area management plan.
 The DENR shall exercise the same authority over buffer zones in the same
manner as the protected areas.
Management Plans

 These shall promote the adoption and implementation of innovative

management techiniques. These may include the concepts of:
1) Zoning
2) Buffer Zone Management
3) Habitat Conservation and rehabilitation
4) Diversity management
5) Community Organizing
6) Socio-Economic and Scientific Researches
7) Site Specific Development
8) Pest Management
9) Fire Control
Management Manual

 Formulated and Developed through management Plan which contains:

1. A management plan prepared by three experts
2. Basic background information
3. Field Inventory of Resources
4. Assessment of assets and Limitations
5. Regional Interrelationship
6. Particular Objectives in Managing the Area
7. Appropriate division of the area into management zone.
8. Review of boundaries in the are
9. Design of management programs
Administration Management (Section
18)

 The National Integrated Protected Areas System is hereby placed under the
control and administration of the Department of Environment and Natural
Resources. For this purpose, there is hereby created a division in the regional
offices of the Department to be called the Protected Areas and Wildlife
Division in regions where protected areas have been 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
Secretary, duly approved by the Department of Budget and Management,
and appropriated by the Congress. The Service thus established shall manage
protected areas and promote the permanent preservation, to the greatest
extent possible of their natural conditions.
 To carry out the mandate of this Act, the Secretary of the DENR is empowered
to perform any and all of the following acts.
Administration Management (Section
18)

 a. To conduct studies on various characteristic features and conditions of the

different protected areas, using commonalities in their characteristics, classify
and define them into categories and prescribe permissible or prohibited
human activities in each category in the System;
 b. To adopt and enforce a land use scheme and zoning plan in adjoining
areas for the preservation and control of activities that may threaten the
ecological balance in the protected areas;
 c. To cause the preparation of and exercise the power to review all plans and
proposals for the management of protected areas;
 d. To promulgate rules and regulations necessary to carry out the provisions of
this Act;
 e. To deputize field officers and delegate any of his powers under this Act and
other laws to expedite its implementation and enforcement;
Administration Management (Section
18)

 To fix and prescribe reasonable NIPAS fees to be collected from government agencies or
any person, firm or corporation deriving benefits from the protected areas;
 g. To exact administrative fees and fines as authorized in Section 21 for violation of
guidelines, rules and regulations of this Act as would endanger the viability of protected
areas;
 h. To enter into contracts and/or agreements with private entities or public agencies as
may be necessary to carry out the purposes of this Act;
 i. To accept in the name of the Philippine Government and in behalf of NIPAS funds, gifts
or bequests of money for immediate disbursements or other property in the interest of the
NIPAS, its activities or its services;
 j. To call on any agency or instrumentality of the Government as well as academic
institutions, non-government organizations and the private sector as may be necessary
to accomplish the objectives and activities of the System;
Administration Management (Section
18)

 k. To submit an annual report to the President of the Philippines and to Congress on the
status of protected areas in the country;
 l. To establish a uniform marker of the System, including an appropriate and distinctive
symbol for each category in the 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.
Protected Area Management Board

 A Protected Area Management Board for each of the established protected area shall
be created and shall be composed of the following: The Regional Executive Director
under whose jurisdiction the protected area is located; one (1) representative from the
autonomous regional government, if applicable; the Provincial Development Officer;
one (1) representative from the municipal government; one (1) representative from each
barangay covering the protected area; one (1) representative from each tribal
community, if applicable; and, at least three (3) representatives from non-government
organizations/local community organizations, and if necessary, one (1) representative
from other departments or national government agencies involved in protected area
management.
 The Board shall, by a majority vote, decide the allocations for budget, approve proposals
for funding, decide matters relating to planning, peripheral protection and general
administration of the area in accordance with the general management strategy. The
members of the Board shall serve for a term of five (5) years without compensation,
except for actual and necessary traveling and subsistence expenses incurred in the
performance of their duties
Environmental Impact Assessment

 Proposals for activities which are outside the scope of the management
plan for protected areas shall be subject to an environmental impact
assessment as required by law before they are adopted, and the results
thereof shall be taken into consideration in the decision-making process.
 No actual implementation of such activities shall be allowed without the
required Environmental Compliance Certificate (ECC) under the
Philippine Environmental Impact Assessment (EIA) system. In instances
where such activities are allowed to be undertaken, the proponent shall
plan and carry them out in such manner as will minimize any adverse
effects and take preventive and remedial action when appropriate. The
proponent shall be liable for any damage due to lack of caution or
indiscretion.
Ancestral Lands and Rights Over Them

 Ancestral lands and customary rights and interest arising shall be

accorded due recognition. The DENR shall prescribe rules and regulations
to govern ancestral lands within protected areas: Provided, that the DENR
shall have so power to evict indigenous communities from their present
occupancy nor resettle them to another area without their consent:
Provided, however, That all rules and regulations, whether adversely
affecting said communities or not, shall be subjected to notice and
hearing to be participated in by members of concerned indigenous
community
Prohibited Acts (Section 20)

 Except as may be allowed by the nature of their categories and pursuant to

rules and regulations governing the same, the following acts are prohibited
within protected areas:
 a. Hunting, destroying, disturbing, or mere possession of any plants or animals
or products derived therefrom without a permit from the Management Board;
 b. Dumping of any waste products detrimental to the protected area, or to
the plants and animals or inhabitants therein;
 c. Use of any motorized equipment without a permit from the Management
Board;
 d. Mutilating, defacing or destroying objects of natural beauty, or objects of
interest to cultural communities (of scenic value);
Prohibited Acts (Section 20)

 e. Damaging and leaving roads and trails in a damaged condition;

 f. Squatting, mineral locating, or otherwise occupying any land;
 g. Constructing or maintaining any kind of structure, fence or enclosures,
conducting any business enterprise without a permit;
 h. Leaving in exposed or unsanitary conditions refuse or debris, or
depositing in ground or in bodies of water; and
 i. Altering, removing destroying or defacing boundary marks or signs.
Penalties (Section 21)

 Whoever violates this Act or any rules and regulations issued by the Department pursuant
to this Act or whoever is found guilty by a competent court of justice of any of the
offenses in 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 the thing damaged or imprisonment for not less than one (1)
year but not more than six (6) years, or both, as determined by the court: Provided, that,
if the area requires rehabilitation or restoration as determined by the court, the offender
shall be required to restore or compensate for the restoration to the damages: Provided,
further, that court shall order the eviction of the offender from the land and the forfeiture
in favor of the Government of all minerals, timber or any species collected or removed
including all equipment, devices and firearms used in connection therewith, and any
construction or improvement made thereon by the offender. If the offender is an
association or corporation, the president or manager shall be directly responsible for the
act of his employees and laborers: Provided, finally, that the DENR may impose
administrative fines and penalties consistent with this Act.
Thank you!