CHAPTER XV

National Integrated Protected Areas System (RA 7586)

Expanded Natl. Integrated Protected Areas System (RA 11038)
Submitted by Villanuac, Liezl Repuyan 1-241-02444
NATRES Professor: ATTY. FAUSTINO
I. Introduction
• Background on the original NIPAS Act (RA 7586, 1992)

• Enactment of E-NIPAS (RA 11038) on June 22, 2018

• Purpose: Strengthen protection and management of the country’s protected areas

II. Declaration of Policy

• Recognizes the impact of human activity on biodiversity

• Emphasizes the need to conserve ecologically significant areas

• Promotes sustainable development and biodiversity conservation

III. Key Features of E-NIPAS

1. Expansion of Protected Areas

 The E-NIPAS Act increased the number of legislated protected areas from 13 to 107.

 These areas include forests, mountains, wetlands, marine sanctuaries, and watersheds.

 The law recognizes 240 total protected areas, including those still under initial stages of
proclamation

2. Legal Strengthening of Protection

 Protected areas now have stronger legal status, making it easier to enforce conservation rules.

 Activities like mining, logging, and land conversion are strictly prohibited in core zones.

3. Multi-Stakeholder Governance

 Each protected area is managed by a Protected Area Management Board (PAMB).

 The PAMB includes representatives from:

 DENR

 Local Government Units (LGUs)

 Indigenous Peoples (IPs)

 Non-Governmental Organizations (NGOs)

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  Local communities

 This ensures inclusive and participatory management.

4. Zoning System

 Protected areas are divided into zones:

 Strict Protection Zone: No human activity allowed except for scientific research.

 Sustainable Use Zone: Limited activities like eco-tourism and traditional practices.

 Multiple Use Zone: Allows regulated use for livelihood and development.

 This zoning helps balance conservation and sustainable use.

5. Recognition of Indigenous Peoples and ICCAs

 The law acknowledges Indigenous Community Conserved Areas (ICCAs).

 It respects ancestral domains and customary laws under the Indigenous Peoples Rights Act
(IPRA).

 Indigenous communities are empowered to govern and manage their territories using traditional
knowledge.

6. Integration with Local Development Plans

 Protected area plans must align with local government development plans.

 This ensures harmonized land use and avoids conflicting policies.

7. Scientific and Technical Support

 The DENR is tasked to provide:

 Scientific research

 Monitoring and evaluation

 Capacity building

 This ensures that management decisions are evidence-based.

8. Funding and Resource Mobilization

 The law allows for:

 Government budget allocations

 Donor funding

 Eco-tourism revenues

 These funds support conservation, enforcement, and community development.

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CATEGORIES OF PROTECTED AREAS

1. Strict Nature Reserve

 Meaning: Areas set aside to protect biodiversity and natural processes with minimal human
interference. Access is highly restricted.

 Example: Mt. Calavite Wildlife Sanctuary (Mindoro) – although also a sanctuary, parts are
managed with strict protection.

2. Natural Park

 Meaning: Large areas that protect ecological processes and biodiversity, while allowing for
education, recreation, and tourism.

 Example: Mounts Iglit–Baco Natural Park (Mindoro) – home to the endangered tamaraw.

3. Natural Monument

 Meaning: Areas that protect specific natural features of outstanding value due to rarity, aesthetic,
or cultural significance.

 Example: Chocolate Hills Natural Monument (Bohol) – famous for its unique geological
formations.

4. Wildlife Sanctuary

 Meaning: Areas that protect habitats of wildlife species, especially those that are threatened or
endangered.

 Example: Rasa Island Wildlife Sanctuary (Palawan) – habitat of the critically endangered
Philippine cockatoo.

5. Protected Landscapes and Seascapes

 Meaning: Areas where the interaction of people and nature over time has created a distinct
character with ecological, cultural, and scenic value.

 Example: Tubbataha Reefs Natural Park (Sulu Sea) – a UNESCO World Heritage Site and
marine biodiversity hotspot.

6. Resource Reserve

 Meaning: Areas set aside for future use, to prevent exploitation until proper planning and
assessment are done.

 Example: These are often provisional designations and may not have specific names until
reclassified.

7. Natural Biotic Area

 Meaning: Areas that allow indigenous communities to continue their traditional lifestyles in
harmony with nature.
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  Example: Mount Apo Natural Park (Mindanao) – includes ancestral domains of indigenous
peoples.

8. Other Categories Established by Law or International Agreements

 Meaning: Areas protected under international conventions or special laws.

 Examples:

 UNESCO World Heritage Sites: Puerto Princesa Subterranean River National Park

 Ramsar Wetlands of International Importance: Agusan Marsh Wildlife Sanctuary

 ASEAN Heritage Parks: Mt. Kitanglad Range Natural Park

Sample Q&A: NIPAS and E-NIPAS

Question 1: Declaration of Protected Areas

Q: What is the process for declaring a protected area under the NIPAS Act, and what are the legal effects
of such declaration?

A: Under the NIPAS Act (RA 7586) and its amendment (RA 11038), the process includes:

1. Identification by the DENR based on ecological, biological, and cultural significance.

2. Public consultation with stakeholders.

3. Proclamation by the President (initial protection).

4. Congressional enactment to include the area in the official NIPAS list.

Legal effects include:

 Prohibition of destructive activities (e.g., mining, logging).

 Establishment of a Protected Area Management Board (PAMB).

 Regulation of access and use through a management plan.

Question 2: Mining in Protected Areas

Q: A mining company was granted a permit to operate within a declared protected area. Is the permit
valid? Explain.

A: No. Under the NIPAS Act, mining and other extractive activities are prohibited within protected areas
unless:

 The area is not classified as a strict protection zone, and

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  The activity is expressly allowed under the management plan and relevant laws.

If the permit was issued without compliance with NIPAS or E-NIPAS, it is void for violating
environmental laws.

Question 3: Indigenous Peoples and Protected Areas

Q: How does the NIPAS Act protect the rights of Indigenous Cultural Communities (ICCs) within
protected areas?

A: The NIPAS Act recognizes the rights of ICCs to:

 Sustainably use ancestral lands within protected areas.

 Continue traditional practices that are not environmentally harmful.

 Be represented in the Protected Area Management Board (PAMB). This aligns with the
Indigenous Peoples’ Rights Act (IPRA), ensuring cultural integrity and participation.

Question 4: Legal Remedies

Q: What legal remedies are available to citizens if a government agency allows illegal activities in a
protected area?

A: Citizens may file:

 A petition for a writ of kalikasan (if the activity threatens life, health, or property of inhabitants
in two or more cities/provinces).

 A citizen suit under the Rules of Procedure for Environmental Cases.

 A petition for injunction or mandamus to compel compliance with environmental laws.

SUPREME COURT Related Cases

SC cases on protected areas, the NIPAS Act (RA 7586), and the Expanded NIPAS Act (RA 11038),
including their facts, rulings, key points, and legal doctrines:

1. Resident Marine Mammals of Tañon Strait v. Reyes

G.R. Nos. 180771 & 181527, April 21, 2015

Facts:

Petitioners, including environmental advocates and fisherfolk, challenged Service Contract No.
46 between the Philippine government and Japan Petroleum Exploration Co. (JAPEX), which allowed
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oil exploration in the Tañon Strait Protected Seascape—a marine protected area under NIPAS. They
argued that the contract violated environmental laws and the Constitution.

Ruling:

The Supreme Court declared the contract void for violating:

 The NIPAS Act, which prohibits extractive activities in protected areas without proper
compliance.

 The Environmental Impact Statement (EIS) System under PD 1586, due to the lack of proper
environmental clearance.

 The 1987 Constitution, for failing to meet the requirements for service contracts involving
natural resources.

Key Points:

 The Court recognized the legal standing of marine mammals, represented by humans, under
the doctrine of intergenerational responsibility.

 It emphasized the strict protection required in NIPAS areas.

Legal Doctrines:

 Environmental standing of non-human entities.

 Void ab initio contracts that violate environmental and constitutional safeguards.

 Reinforcement of public trust doctrine in managing natural resources.

2. Oposa v. Factoran

G.R. No. 101083, July 30, 1993

Facts:

Minors, represented by their parents and lawyer Antonio Oposa, filed a petition to stop the DENR from
issuing timber licenses that would allow logging in virgin forests. They invoked the right to a balanced
and healthful ecology for present and future generations.

Ruling:

The Supreme Court upheld the petition, recognizing the legal standing of future generations and
the right to a healthy environment.

Key Points:

 This case laid the foundation for environmental litigation in the Philippines.

 It influenced the passage of the NIPAS Act by highlighting the need to preserve ecologically
critical areas.
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Legal Doctrines:

 Intergenerational responsibility

 Environmental rights as enforceable constitutional rights

3. Palawano ICCs v. DENR and Mining Agencies (Mt. Mantalingahan Case)

Date: August 15, 2023

Source: Writ of Kalikasan issued by the Supreme Court

Facts:

Palawano Indigenous Cultural Communities (ICCs) in Brooke’s Point, Palawan filed a petition for a Writ
of Kalikasan against the DENR and mining companies operating in the Mt. Mantalingahan Protected
Landscape, a NIPAS area. They alleged illegal mining, tree-cutting, and violations of the Free, Prior,
and Informed Consent (FPIC) process.

Ruling:

The Supreme Court issued a Writ of Kalikasan, ordering the DENR and mining agencies to justify
their actions and explain the environmental risks posed by the mining operations.

Key Points:

 The area is a protected landscape under NIPAS.

 The mining operations lacked proper NCIP certification and violated FPIC requirements.

 The Court recognized the environmental and cultural significance of the area.

Legal Doctrines:

 Writ of Kalikasan as a remedy for large-scale environmental harm.

 Recognition of Indigenous rights in protected areas.

 Precautionary principle in environmental governance.

4. Timario v. DENR (Mountain Province Forest Case)

Date: 2023
Source: Supreme Court ruling on environmental protection

Facts:

Petitioners sought to stop illegal logging and forest degradation in a protected forest area in Mountain
Province. The Regional Trial Court and Court of Appeals granted environmental reliefs under the Rules
of Procedure for Environmental Cases.

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Ruling:

The Supreme Court upheld the permanent environmental protection order, affirming the lower
courts’ rulings to preserve the forest.

Key Points:

 The case involved a protected forest area under NIPAS.

 The Court emphasized the importance of proactive environmental protection.

Legal Doctrines:

 Permanent Environmental Protection Orders (PEPOs) as a tool for long-term conservation.

 Environmental stewardship and the role of courts in enforcing ecological justice.

PICOP Resources, Background: In 1987, Central Mindanao Mining

Inc. v. Base Metals and Development Corporation
Mineral Resources (CMMDC) entered into a Mines Operating
Corporation and Agreement with Banahaw Mining, allowing the
Mines Adjudication latter to operate 18 mining claims in Agusan del
Board Sur.
Banahaw Mining later entered into
a Memorandum of Agreement with PICOP
Resources, Inc., which held a logging concession
in the same area, granting Banahaw access to the
mining claims.
In 1996, Banahaw assigned its rights over 37
mining claims (including those under the
agreement with CMMDC) to Base Metals Mineral
Resources Corporation.
CMMDC approved the assignment, and Base Metals
amended the pending Mineral Production
Sharing Agreement (MPSA) applications to
reflect the change.
Legal Issue: PICOP opposed the MPSA applications,
claiming that its logging concession gave it
preferential rights over the area and that the
assignment to Base Metals impaired its rights.

Ruling:The Supreme Court ruled against PICOP,

affirming the decisions of the Court of
Appeals and the Mines Adjudication Board:
1. No Preferential Rights: PICOP’s logging
concession did not grant it preferential
rights over the mineral resources in the area.
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 2. No Violation of Non-Impairment Clause:
The assignment of mining rights to Base
Metals did not impair any contractual
rights of PICOP, as its agreement with
Banahaw was limited to access and did not
confer mining rights.
3. Timeliness of Opposition: PICOP’s
opposition to the MPSA applications was filed
out of time.
The petition was denied, and the Court upheld
the validity of the assignment of mining rights to
Base Metals and the subsequent processing of its
MPSA applications.

Wilson Po Cham v. Case Summary

Atty. Edilberto D. In 1995, Wilson Po Cham was offered a 40-hectare
Pizarro: A parcel of land in Morong, Bataan by individuals
A.C. NO. 5499. including Atty. Edilberto D. Pizarro, who claimed
August 16, 2005 the land was alienable and disposable. Pizarro
presented documents such as a Real Property Tax
Order, a Deed of Sale, and a Special Power of
Attorney, and entered into an Option to
Buy agreement with Cham for ₱3.7 million.
Cham paid the agreed amount, but when he
attempted to take possession, he was informed by
a forest guard that the land was part of
the Bataan National Park, making it inalienable.
A certification from CENRO Bagac confirmed this.
Cham filed an administrative
complaint for disbarment against Pizarro,
alleging misrepresentation and fraud. He also
filed a criminal estafa case.

Supreme Court Ruling

The Supreme Court found that:
 Atty. Pizarro knowingly misrepresented the
status of the land.
 He violated the Lawyer’s Oath and
the Code of Professional
Responsibility by misleading Cham.
 The Integrated Bar of the Philippines
(IBP) recommended a three-month
suspension, which the Supreme
Court affirmed.

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 Atty. Edilberto D. Pizarro was suspended from
the practice of law for three
months for misrepresentation and deceit,
violating his duties as a lawyer

Republic vs. The Republic of the Philippines challenged the

National issuance of Certificates of Ancestral Land Title
Commission on (CALTs) by the NCIP in favor of the heirs of Cosen
Indigenous Piraso and Josephine Molintas Abanag,
Peoples covering parcels of land in Baguio City, including
GR. 208480 Sept. parts of Session Road.
25, 2019 The Republic argued that:
 The NCIP had no jurisdiction to issue CALTs
in Baguio City, which is governed by
a special regime under the City Charter of
Baguio.
 The lands in question were public lands and
not subject to ancestral land claims.
The NCIP, however, found that the claimants
had native title over the lands, having occupied
and possessed them since time immemorial, as
recognized under the Indigenous Peoples’
Rights Act (IPRA).

⚖️Supreme Court Ruling

The Supreme Court upheld the NCIP’s
authority and ruled in favor of the indigenous
claimants:
1. Recognition of Native Title: The Court
affirmed that native title exists
independently of Torrens title and that
ancestral lands may be recognized even
without formal registration.
2. NCIP Jurisdiction: The NCIP has primary
jurisdiction over ancestral land claims,
including those within Baguio City, as long as
the claimants can prove continuous
possession and occupation.
3. IPRA is Constitutional: The Court reiterated
that the IPRA is a valid law that recognizes
the rights of indigenous peoples to their
ancestral domains.
The petition was denied, and the CALTs issued
by the NCIP were upheld as valid. The ruling
reinforced the legal recognition of indigenous

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 peoples’ ancestral land rights, even in
urbanized areas like Baguio City

REPUBLIC ACT 11038 EXPANDED NATL INTEGRATED PROTECTED AREAS SYSTEM

114 OG No. 29, 4991 (July 16, 2018)

[ REPUBLIC ACT NO. 11038, June 22, 2018 ]

AN ACT DECLARING PROTECTED AREAS AND PROVIDING FOR THEIR MANAGEMENT, AMENDING
FOR THIS PURPOSE REPUBLIC ACT NO. 7586, OTHERWISE KNOWN AS THE "NATIONAL
INTEGRATED PROTECTED AREAS SYSTEM (NIPAS) ACT OF 1992" AND FOR OTHER PURPOSES

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

SECTION 1. Title. - This Act shall be known and referred to as the “Expanded National Integrated Protected Areas
System Act of 2018".

SEC. 2. Section 2 of Republic Act; No. 7586 is hereby amended to read as follows:

"SEC. 2. Declaration of Policy. - Cognizant of the profound impact of human activities on all components of the
natural environment particularly the effect of increasing population, resource exploitation and industrial
advancement, and recognizing the critical importance of protecting and maintaining the natural, biological, and
physical diversities of the environment notably on areas with biologically unique features to sustain human life and
development, as well as plant and animal life, it in hereby declared the policy of the State to secure for the Filipino
people of present and for future generations, the perpetual existence of all native plants and animals through the
establishment of a comprehensive system of integrated protected areas within the classification of national park as
provided for in the Constitution.

"It is hereby recognized that these areas, although distinct in features, possess common ecological values that may
be incorporated into a holistic plan to conserve and protect our natural heritage; that effective administration of these
areas is possible only through cooperation among the national government, local governments, concerned

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nongovernment organizations, private organizations, and local communiti es; that the use and enjoyment of these
protected areas mu st be consistent with the principles of biological diversity and sustainable development,

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

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

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

"SEC. 4. Definition of Terms. - For purposes of this Act, the following terms shall be defined as follows;

"(a) Biological diversity or biodiversity refers to the variability among living organisms from .'ill sources
including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they
are part; this includes diversity within species, between species and of ecosystems,

"(b) Bioprospecting refers to the research, collection, and utilization of biological and genetic resources for
purposes of applying the knowledge derived therefrom solely for commercial purposes;

"(c) Buffer zones refer to identified areas outside the boundaries of and immediately adjacent to designated
protected areas that need special development control in order to avoid or minimize harm to the protected area:

"(d) Byproducts or Derivatives refer to parts taken or substances extracted from wildlife, in raw or in processed
form;

"(e) Collecting refers to the act of gathering or harvesting wildlife and its by-products or derivatives;

"(f) Conveyance refers to every kind of vessel, including motorized or nonmotorized vehicles, nondisplacement
crafts and seaplanes that are used or m ay be used as a means of transportation on land or water. It shall include
everything found therein, except personal effects:

"(g) Delineation refers to the actual ground survey of the boundaries of protected areas and their buffer zones and
management and management zones using the global positioning system (GPS) or other applicable survey
instruments and technologiezs with the intention of producing a map of the area;

"(h) Demarcation refers to the establishment of the boundaries of protected areas and their buffer zones using
visible markers, monuments, buoys in case of marine areas, and known natural features and landmarks, among
others, as a result of the actual ground delineation:

"(i) Ecosystem goods and services refer to the multitude of material and nonmaterial provisions and benefits from
healthy ecosystems necessary for human sustenance we11- bei ng, and s u r v i v a I including support processes,
provisioning and environment regulating services, and cultural resource preservation services;

"(j) Endemic species refer to the species or subspecies of flora and fauna which are naturally occurring and found
within specific areas in the country:

"(k) Exotic species refer to the species or subspecies of flora and fauna which do not naturally occur within the
protected area at present or in historical time.

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"(l) Exploration refers to the act of searching of prospecting for mineral resources, as defined by law, by geological,
geochemical or geophysical surveys, remote sensing, test pitting, trenching, drilling, shaft sinking, tunneling or any
other means, for the purpose of determining the existence, extent, quantity, and quality of resources in an area, and
the feasibility of utilizing these resources for profit;

"'(m) Gear refers to any instrument or-device and its accessories utilized in taking, catching,, gathering, killing,
hunting, destroying, disturbing, removing, or possessing resources within the protected area;

"(n) Genetically 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 s uch as guns, how 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) Ivasive alien species refer to species introduced deliberately or unintentionally outside their natural habitats
where they have the ability to establish themselves invade, outcompete native speci es, 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,
agroforesiry, extraction activities, and income generating or livelihood activities 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 NIP AS 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 signific ant 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 resource
uses are not allowed and is maintained to protect outstanding natural and scenic areas of national or international
significance for scientific, educational, and recreational use;

'"(x) 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 than twenty-four (24) hours;

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"(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 significance, managed to enhance biological diversity and protected against destructive human
exploitation:

"(cc) Protected area occupants refer to person who are residing, utilizing, and cultivating areas within the protected
area. 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 (PMIB) created pursuant to this Act representing
the seventy-five percent (75%) of revenues generated from the protected area to support its operation and
management;

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

"(ff) Protected species refer 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
(IIJCN), or any plant or animal which the Department of Environment 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 resource utilization goals which
are based upon appropriate information and planning;

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

"(kk)Tenured migrants refer to protected area 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, find 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:

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"(mm) Wetlands refer to a wide variety of inland habitats such as marshes, peatlands, floodplains, rivers and lakes,
and coastal areas such as saltmarshes, mangroves, intertidal mudflats and seagrass beds, and also coral reefs and
other marine areas no deep er than six (6) meters at low tide, as well as human-made wetlands such as dams,
reservoirs, rice paddies and wastewater treatment ponds and lagoons;

"(nn) Wildlife refer s to the wild forms and varieties of flora and fauna in all developmental stages, including those
which are in captivity or are being bred, fed, or propagated: and

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

SEC. 4. Section 5 of Republic Act No, 7586 is hereby amended to read as follows:

"SEC. 5. Establishment and Extent of the System. - The establishment and operationalization of the System shall
involve the following:

'"(a) All areas or islands in the Philippines proclaimed, designated or set aside, pursuant to a law, presidential
decree, presidential proclamation or executive order as national park, game refuge, bird and wildlife sanctuary,
wilderness area, strict nature reserve, watershed, mangrove reserve, fish sanctuary, natural and historical landmark,
protected and managed landscape/seascape as well as old growth forests identified before the effectivity of this Act
or still to be identified, are hereby designated as initial components of the System. The initial components of the
System shall be governed by existing laws, rules and regulations, not inconsistent with this Act.

"(a.l.) Establishment as Protected Areas. - Aside from the areas already declared as protected areas through acts of
Congress, the following parcels of land and/or bodies of water are hereby established as protected areas within the
classification of national park pursuant to the Philippine Constitution:

Region Protected Area Province Area(Has)

1 1 Kalbario-Patapat Natural Park Ilocos Norte 3,903.19

2 Libunao Protected Landscape Ilocos Norte 47.15

3 Bessang Pass Natural Monument/Landmark Ilocos Sur 581.05

4 Bigbiga Protected Landscape Ilocos Sur 142.87

5 Lidlidda Banayayo Protected Landscape Ilocos Sur 1,042.29

6 Salcedo Protected Landscape (formerly Sta. Ilocos Sur 196.33

Lucia Protected Landscape)

7 Agoo Damortis Protected Landscape and La Union 10,774.68

Seascape

8 Manleluag Spring Protected Landscape Pangasinan 1,938.83

2 9 Palaui Island Protected Landscape and Cagayan 8,045.57

Seascape

10 Penablanca Protected Landscape and Cagayan 118,653.67

Seascape

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 11 Tumauini Watershed Natural Park Isabela 6,509.38

12 Salinas Natural Monument Nueva Vizcaya 5,966.05

13 Caseonan Protected Landscape Quirino, Nueva Vizcaya, 86,246.77

and Aurora

3 14 Amro River Protected Landscape Aurora 6,431.30

15 Dinadiawan River Protected Landscape Aurora 3,366.54

16 Simbahan Talagas Protected Landscape Aurora 2,284.30

17 Talaytay Protected Landscape Aurora 3,593.31

18 Bataan Natural Park Bataan 20,004.17

19 Roosevelt Protected Landscape Bataan 950.43

20 Masinloc and Oyon Bay Protected Zambales 7,558.00

Landscape and Seascape

NCR 21 Las-Pinas-Paranaque Critical Habitat and Las Pinas City and 181.63
Ecotourism Area (LPPCHEA), also known as Paranaque City
Las Pinas-Paranaque Wetland Park

22 Ninoy Aquino Parks and Wildlife Center Quezon City 23.85

4A 23 Mts. Palay-Palay-Mataas na Gulod Protected Batangas and Cavite 3,972.70

Landscape

24 Taal Volcano Protected Landscape Batangas and Cavite 62,292.16

25 Buenavista Protected Landscape Quezon 287.24

26 Maulawin Spring Protected Landscape Quezon 183.15

27 Quezon Protected Landscape Quezon 1,042.85

28 Hinulugang Taktak Protected Landscape Rizal 3.58

29 Pamitinan Protected Landscape Rizal 609.15

30 Upper Marikina River Basin Protected Rizal 26,125.64

Landscape

4B 31 Marinduque Wildlife Sanctuary Marinduque 9,758.71

32 Apo Reef Natural Park Occidental Mindoro 15,799.23

33 Mt. Calavite Wildlife Sanctuary Occidental Mindoro 18,172.69

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

Mindoro

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

5 36 Mt. mayon Natural Park Albay 5,327.15

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

sorsogon

38 Abasig Matogdon Mananap Natural Biotic Camarines Norte 5,918.31

Area

39 Bicol Natural Park Camarines Sur 5,466.35

40 Buhi Wildlife Sanctuary Camarines Sur 1,620.65

41 Lagonoy Natural Biotic Area Camarines Sur 443.63

42 Malabungot Protected Landscape Camarines Sur 147.41

43 Mt. Isarog Natural Park Camarines Sur 10,090.89

44 Catanduanes Natural Park Catanduanes 48,924.09

45 Bongsanglay Natural Park Masbate 518.90

46 Bulusan Volcano Natural Park Sorsogon 3,641.57

6 47 Northwest Panay Peninsula Natural Park Aklan and Antique 12,009.29

48 Sibalom Natural Park Antique 6,778.44

49 Northern Negros Natural Park Negros Occidental 70,826.16

7 50 Alburquerque-Loay-Loboc Protected Bohol 1,165.51

Landscape and Seascape

51 Chocolate Hills Natural Monument Bohol 13,994.95

52 Panglao Island Protected Seascape Bohol 2,445.08

53 Raja Sikatuna Protected Landscape Bohol 10,964.64

54 Talibon Group of Island Protected Landscape Bohol 6,446.31

and Seascape

55 Camotes Island Protected Landscape and Cebu 1,436.98

Seascape

56 Olango Island Wildlife Sanctuary Cebu 1,382.29

57 Tanon Strait Protected Seascape Cebu, Negros Occidental 534,589.05

and Oriental

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 58 Apo Island Protected Landscape and Negros Oriental 691.40
Seascape

59 Balinsasayao Twin Lakes Natural Park Negros Oriental 8,016.05

8 60 Cuatro Islas Protected Landscape and Leyte 11,407.46

Seascape

61 Lake Danao Natural Park Leyte 2,244.16

62 Mabagnao Volcano Natural Park Leyte 340.82

63 Guiuan Marine Resource Protected Eastern Samar 66,725.26

Landscape and Seascape

64 Biri Larosa Protected Landscape and Northern Samar 32,284.14

Seascape

65 Calbayog Pan-as Hayiban Protected Samar 5,067.93

Landscape

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

Northern Samar

67 Basilan Natural Biotic Area Basilan 4,545.99

68 Aliguay Island Protected Landscape and Isabela City 1,188.36

Seascape

69 Turtle Islands Wildlife Sanctuary Tawi-Tawi 242,958.29

70 Great and Little [Link] Islands Protected Zamboanga City 1,827.16

Landscape and Seascape

71 Pasonanca Natural Park Zamboanga City 12,102.08

9 72 Jose Rizal Memorial Protected Landscape Zamboanga del Norte 474.82

73 Murcielagos Protected Landscape and Zamboanga del Norte 100.40

Seascape

74 Selinog Island Protected Landscape and Zamboanga del Norte 959.41

Seascape

75 Sincon Resource Reserve Zamboanga del Norte 855.59

76 Dumanquillas Bay Protected Landscape and Zamboanga del Sur 26,112.21

Seascape

77 Mt. Timolan Protected Landscape Zamboanga del Sur 2,244.54

78 Buug Natural Biotic Area Zamboanga Sibugay 1,261.46

10 79 Mt. Kalatungan Range Natural Park Bukidnon 22,225.11

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 80 Mt. Timpoong Hibok-Hibok Natural Camiguin 2,203.39
Monument

81 Mt. Inayawan Range Natural Park Lanao del Norte 4,236.18

82 Baliangao Protected Landscape and Seascape Misamis Occidental 315.50

83 Initao-Libertad Protected Landscape and Misamis Oriental 921.02

Seascape

84 [Link] Range Natural Park Misamis Oriental 8,437.86

11 85 Mabini Protected Landscape and Seascape Compostela Valley 7,292.62

86 Mainit Hot Springs Protected Landscape Compostella Valley 1,422.63

87 Aliwagwag Protected Landscape Davao Oriental and 10,261.06

Compostela Valley

88 Mati Protected Landscape Davao Oriental 884.46

89 Pujada Bay Protected Landscape and Davao Oriental 20,873.43

Seascape

12 90 Sarangani Bay Protected Seascape General Santos City and 210,887.69

Sarangani

91 Mt. Matutum Protected Landscape South Cotabato and 13,947.00

Sarangani

13 92 Agusan Marsh Wildlife Sanctuary Agusan del Sur 40,940.96

93 Siargao Island Protected Landscape and Surigao del Norte 283.974.77

Seascape

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

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

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

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

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

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

"(3) Conduct public consultations.

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"Any initial component that does not satisfy the abovementioned requirements shall be disestablished pursuant to
Section 7 of this Act.

"(b) All DENR records pertaining to said protected areas, including maps and technical descriptions or natural
boundaries, copies of rules and regulations governing them, copies of public notices of, and reports submitted to
Congress regarding pending additions, eliminations, or modifications shall be made available to the public. These
legal documents pertaining to protected areas shall also be available to the public in the respective DENR Regional
Offices, Provincial Environment and Natural Resources Offices (PENROs) and Community Environment and
Natural Resources offices (CENROs) and Protected Area Management Offices (PAMOs) where protected areas are
located;

"(c) The DENR shall conduct a suitability assessment for each of the proposed protected area. If found suitable for
inclusion in the System according to the categories established in Section 3 hereof, a report containing the following
items shall be submitted to the president as soon as the study completed, to wit:

"(1) A protected area occupants survey:

"(2) An etnographic study;

"(3) Aprotected area resource profile;

"(4) Land and water use plans; and

"(5) Other background studies.

"(d) In the conduct of public consultation, the DENR shall:

"(1) Notify the public of proposed action through publication in a newspaper of GENERAL CIRCULATION AND
such othermeans including notices to the stakeholders that will likely be affected within the respective localities,
thirty (30) days prior to the public consultation;

"(2) Conduct public consultation at locations near the proposed protected area;

"(3) Invite all local government unit (LGUs) in the affected areas, national agencies concerned, people's
organizations (POs) and nongovernment organizations (NGOs) and request for corresponding position papers; and

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

SEC. 5. Sec 6 of Republic Act No. 7586 is hereby amended to read as follows:

"SEC.6. Additional Areas to be Included into the System.- Upon the recommendation of the DENR, additional areas
with unique physical features, anthropological significance and high biological diversity may be proposed for
inclusion as part of the System. Such areas shall undergo the same procedure as the remaining initial components for
legislative enactment."

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

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20
"SEC.8. Buffer Zones.-When necessary, the DENR Secretary, upon the recommendation of the PAMB, may
designate areas surrounding the protected areas as buffer zones for the purpose of providing extra layer of protection
where restrictions may be applied: Provided, That, in cases where the designated buffer zone would cover private
lands, the owners thereof shall be required to design their development with due consideration to the protected area
management plan."

SEC. 7. Section 9 of Republic ACt No. 7586 is hereby amended to read as follows:

"SEC. 9. Management Plan.- Within one (1) year from the establishment of the protected area, there shall be a
management plan formulated for each protected area that shall serve as the basic long-term framework plan for
the management of the protected area and guide in the preparation of its annual operations plan and budget.

"The management plan shall, at the minimum promote the adoption and implementation of innovative management
techniques including, when necessary, zoning, buffer zone management, habitat conservation and rehabilitation,
diversity management, community organizing and development, socio economic and scientific researches, site-
specific policy development, climate change adaptation and mitigation, disaster risk reduction and management, and
gender and development, among others.

"The plan shall be harmonized with the Ancestral Domain Sustainable Development and Protection Plan (ADSDPP)
required under Republic Act No. 8371, or "The Indigenous People's Rights Act of 1997', the respective
Comprehensive Land Use Plans (CLUPs) of local governments required under Republic Act No. 7160 or the 'Local
Government Code of 1991' and other local plans."

SEC. 8. Section 10 of Republic Act No. 7586 is hereby amended to read as follows:

"SEC 10. Administration and Management of the System.- The National integrated Protected Areas System (NIPAS)
is hereby placed under the control and administration of the DENR through the Biodiversity Management Bureau
(BMB).

"To carry out the mandate of this Act, the Secretary of the DENR is empowered to perform the following acts:

"(a) Issue a system-wide set of rules and regulations to implement the provision of this Act;

"(b)" Set standards, procedures, and protocols for the establishment and management of protected areas and the
System, such as, but not limited to conduct of study, zoning, review of plans and project proposals, specifications
and types of buildings and other structures, and installation of uniform markers and symbols;

"(c) Deputize field officers and other technical and support personnel;

"(d) Determine a system-wide set of fees and charges to ensure sustainable financing of protected areas and the
System;

"(e) Impose administrative fines and penalties;

"(f) Report on the status of the Integrated Protected Area Fund (IPAF);

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

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

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

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21
"(j) Call on any agency or instrumentality of the Government as well as academic institutions, NGOs and the
private sector as may be necessary to accomplish the objectives and activities of the System;

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

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

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

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

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

"SEC. 11. Protected Area Management Board (PAMB).-Within three (3) months after the effectivity of this Act, A
PAMB shall be created for each of the protected areas designated as initial component, established by
presidential proclamation, and declared by law. The Board shall be composed of the following:

"(a) DENR Regional Director under whose jurisdiction the protected area is located, as Chairperson;

"(b) Governor/s of the province/s where the protected area is located or their duly designated representative/s;

"(c) A Senator of the Republic of the Philippines who is a duly registered resident of the city or province where
the protected area is located or a duly authorized representative, unless the Senator declines membership in the
PAMB;

"(d) District Representative/s of the Congressional district/s where the protected area is located or their duly
designated representatives, unless the District Representative declines membership in the PAMB;

"(e) Mayor/s of the city/cities or municipality/municipalities where the protected area is located or their duly
designated representative/s;

"(f) Chairperson/s of the barangay/s where the protected area is located;

"(g) Regional Directors of the following government agencies, namely: the Department of Agriculture (DA), the
National Economic and Development Authority (NEDA), the Department of Science and Technology (DOST),
the Philippine National Police (PNP), and the Department of National Defense (DND);

"(h) Three (3) representatives from either an NGO or PO, duly accredited both by the DENR and the provincial
government. The NGO or PO represented should have been in existence for at least five (5) years and with track
record in or related to protected area management;

"(i) At least one (1) but not more than three (30 representatives from all the IPs/ICCs present in the area and
recognized by the National Commission on Indigenous Peoples (NCIP);

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

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

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"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 re appointed for another term.

"The members of the PAMB shall serve without compensation, except for the actual and necessary taveling and
subsistence expenses incurred in the performance of theior duties, either in their attendance in meetings of the
PAMB or in connection with other official business authorized through a resolution of the PAMB, subject to existing
rules and regulations. Each member shall have the full capacity and accountability for decisions binding to the
members'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 appointed 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 areduly appointed by the DENR Secretary: Provided,further, That t 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."

SEC. 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 protected area;

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

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

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23
"(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 government authorities;

"(j) Monitor and assess the performance of the Protected Area Superintendent (PASU) and other 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 efectiveness of the mangement 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
penaltiesas 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 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 to day management, protection and administration of the protected
area. A sufficient number of 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 PMAB and its committees and ensure the avilability 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 the 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 PAMB: Provided, That all permits for extraction

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24
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 PAMB, approval of the annual work and financial plans of the protected area
based on 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."

SEC. 11. Section 12 of Republic Act No. 7586 is hereby amended to read as follows:

"SEC. 12. Environmental Impact Assessment (EIA).- Considering that protected areas are environmentally critical
areas, the proponent of development projects and activities with potentially significant adverese impacts as
determined by the Environmental Mangement Bureau (EMB), whether or not these projects or activities are
included in the management plan, shall secure an Environmental Compliance Certificate (ECC) in accordance
with the,Philippine Environmental Impact Statement (EIS) System: Provided, That for development projects and
activities that are not environmentally critical, an
initial environmental examination (IEE) shall be undertaken instead of a full blown EIA. No project or activity may
be undertakenby any project proponentwithout 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."

SEC. 12. Section 13 of Republic Act No. 7586 is hereby amended to read as follows:

"SEC. 13. Ancestral Domains and Customary Rights.- Ancestral domains and customry rights shall be accorded due
recognition.

"As part of heritage preservation and pursuant to the need to conserve biologically significant areas, the territories
and areas occupied and conserved for and by IPs and communities shall be recognized, respected, developed, and
promoted.

"The ICCs and IPs concerned shall have the responsibility to govern, maintain, develop, protect, and conserve such
areas, in accordance with their indigenous knowledge systems and practices and customary law, with full and
effective assistance from the NCIP, DENR and other concerned government agencies.

"A mechanism for coordination and complementation between the indigenous traditional leadership and governance
structures and the NCIP, DENR, government agencies, concerned LGUs and civil society organizations shall be
created."

SEC. 13. Section 14 of Republic Act No. 7586 is hereby amended to read as follows:

"SEC.14. Energy Resources.-Consistent with the policies declared in Section 2 hereof, the exploration for energy
resources may be allowed in protected areas only for the purpose of gathering data and information and only if
such activity is carried out with the least damage to surrounding areas.

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"Surveys for nonrenewable energy projects shall be conducted only in accordance with a program approved by the
DENR, and the result of such surveys shall be made available to the public and submitted to the President who shall
make the appropriate recommendations to Congress. The development and operation of nonrenewable energy
projects are prohibited in areas categorized as strict nature reserves and natural parks,

"Renewable energy projects may be allowed within the protected area by the PAMB with the concurrence of the
DENR Secretary: Provided, That renewable energy projects, which shall be located outside the strict protection
zones, shall undergo the EIA as provided by law, and shall adopt reduced 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 by the PAMB."

SEC. 14. Section 15 of Republic Act No. 7586 is hereby amended to read as follows:

"SEC. 15. Areas Under the Management of Other Departments and Government Instrumentalities.-Should there be
protected areas, or portions thereof, under the jurisdiction of government instrumentaslities other than the DENR,
such jurisdiction shall remain in the said department of government instrumentality: Provided, That the DENR shall
retain its oversight function over such protected areas, and the concerned agency shall provide annual reports on the
management of said areas focusing on the conservation of the biodiversity therein."

SEC. 15. Section 16 of Republic Act No. 7586, as amended by Republic Act No. 10629, is hereby further amended
to read as follows:

"SEC. 16. Integrated Protected Area Fund (IPAF).- There is hereby established a trust Fund to be known as
Integrated Protected Area Fund (IPAF) for purposes of financing the projects and sustaining the operation of
protected areas and the System. Income generated from the operation and management of the protected area shall
accrue to the IPAF. The income shall be derived from fees and charges from the use of resources and facilities of
protected areas; contributions from industries and facilities directly benefiting from the protected area; and such
other fees and income derived from the operation of the protected area.

"The PAMB shall retain seventy-five percent (75%) of all revenues raised through the above means, which shall be
deposited in the Protected Area-Retained Income Account (PA-RIA) in any authorized government depository bank
within the locality: Provided, That disbursements out of such deposits shall be used solely for the protection,
maintenance, administration, and management of the protected area and implementation of duly approved projects
of the PAMB.

"Grants, donations, and endowments from various sources, domestic or foreign, shall be deposited in full in a special
account in the National Treasury to be used for the purpose specified in the deeds and instruments covering them.

"Voluntary or legislated payments for ecosystem goods and services, including fines, penalties, and compensation
for damages from protected area offenses shall accrue fully to the PA-RIA and shall be managed by the PAMB.

"The remaining twenty-five percent (25%) of revenues shall be deposited as a special account in the General Fund in
the National Treasury for purposes of financing the projects of the System.

"The use of the IPAF shall be in accordance with existing accounting, budgetting, 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

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26
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."

SEC. 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, bequest and endowment, 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."

SEC. 17. Section 19 of Republic Act No. 7586 is hereby amended to read as follows:

"SEC. 19. Special Prosecutors and Retained Counsel.- Within thirty (30) days from the effectivity of this Act, the
department of Justice (DOJ) shall appoint special prosecutors to prosecute violations of laws, rules and regulations
in protected areas. The special prosecutor 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 prosecute and assist in the 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."

SEC. 18. Section 20 of Republic Act No. 7586 is hereby amended to read as follows:

"SEC. 20. Prohibited Acts.-Except as may be allowed by the nature of their categories and pursuant to rules and
regulations governing the same, the following acts are prohibited within protected areas:

"(a) Poaching, killing, destroying, disturbing of any wildlife including in private lands within the protected
area;

"(b) Hunting, taking, collecting, or possessing of any wildlife, or by-products derived therefrom, including in
private lands within the protected area without the necessary permit, authorization or exemption: Provided, That the
PASU as authorized by the PAMB shall issue a permit, authorization or exemption only for culling, scientific
research, the exceptions provided under Section 27 (a) of Republic Act No. 9147 (Wildlife Resources, Conservation
and Protection Act) or harvests of nonprotected species in multiple-use zones by tenured migrants and IPs;

"(c) Cutting, gathering, removing or collecting timber within the protected area including private lands therein,
without the necessary permit, authorization, certification of planted trees or exemption such as for culling exotic
species; except, however, when such acts are done in accordance with the duly recognized practices of the IPs/ICCs
for subsistence purposes;

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

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

"(f) Dumping, throwing, using, or causing to be dumped into or placed in the protected area of any toxic
chemical, noxious or poisonous substance or nonbiodegradable material, untreated sewage or animal waste or
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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 Wastes 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, in 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 damage 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) Construting, 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 quarrying 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 IPAF;

"(t) Prospecting, hunting or otherwise locating hidden treasures 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 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."

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

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

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"(a) A fine of not less than Two hundred thousand pesos (P200,000) but not more than One million pesos
(P1,000,000) or imprisonment from one (1) year but not more than six (6) years, or both plus damages of triple the
value of the said resources, or both, shall be imposed upon any person who violates paragraphs (a) to (e) of Section
20 herein;

"(b) A fine of not less than Two hundred thousand pesos (P200,000) but not more than One million pesos
(P1,000,000) or imprisonment from (1) year but not more than six (6) years, or both, shall be imposed upon any
person who violates paragraphs (f) to (n) of Section 20 herein;

"(c) A fine of not less than One million pesos (P1,000,000) but not more than Five million pesos (P5,000,000) or
imprisonment from six (6) years but not more than twelve (12) years, or both, shall be imposed upon any person
who violates paragraphs (o) to (v) of section 20 herein;

"(d) A fine of Fifty thousand pesos (P50,000) daily shall be imposed on the owner of existing facilities within a
protected area under Section 24 of this Act, if the existence of the same and its future plans and operations will be
detrimental to the protected area. For every continuing violation, or if the violation continues to be committed for
thirty (30) days and upon reaching a total fine of Five hundred thousand pesos (P500,000), the PAMB through the
PASU and other deputized government entities shall cause the cessation of operation and either forfeit in favor of the
PAMO or demolish the facility at the cost of its owner. If the facility is government-owned, the agency in charge
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 than 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 or pay compensation for such damages, 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 of 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 the ecosystem of the protected area.

"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 conveyances, vessels, equipment, paraphernalia, implements, gears, tools, and similar devices used in the
commission of the crime shall be dealt with in accordance with Part 4, Rule 12 (Custody and Disposition of Seized
Items, Equipment, Paraphernalia, Conveyances 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 damage
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 preponderance of evidence.

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"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 force 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 or 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."

SEC. 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 the 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, and 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 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 or 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 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 considerations shall be given to the intended use for conservation and biodiversity as well as the
objectives for protected areas to keep human habitation and environmental conservation in harmony."

"SEC. 23. Tenured Migrants and Other Protected Area Occupants.- Tenured migrants shall be eligible to become
stewards of portions of lands within multiple-use zones. The PAMB shall identify, verify and review all tenurial
instruments, land claims, and 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 os sustainable development, the provision for the transfer of the tenured 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.
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"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 area.

"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 migrant recognition and issuance of tenurial instruments. Within the two (2)-year
period, the DENR Regional Director shall submit accomplishment report every six (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 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 continous 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 be made 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. Stuctures 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. 25. Special Uses Within Protected Areas.-Consistent with Section 2 hereof, special uses may be allowed
within protected areas except in strict protection zones and strict nature reserves. The PAMB may recommend the
issuance of tenurial instrument subject to compliances 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 biodiversity, 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 satisfactory rehabilitation according to the zones and objectives of
the management plan as attested to by the PAMB."

"SEC. 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 from the tywenty-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 the LGU facilities: Provided, That the LGUs shall not
impose property tax on properties owned by the government nor issue any tax declaration for areas covered by the

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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 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."

"SEC. 27. Reporting Responsibility.-The PASU, through the PAMB, shall submit an annual accomplishment report
of the protected area to the Sectretary of the 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
chasnnels, 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.'

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

"SEC. 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 of its 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 People's Rights Act of 1997."

"SEC. 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."

"SEC. 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
members: Provided, That two (2) of the five (5) members are nominated by the respective minority leaders of the
Senate and the House of Representatives."

"SEC. 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."

"SEC. 33. Transitory Provision.-In order to enhance biological diversity and to develop sustainable livelihood
opportunities for tenured 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 resources 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."
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SEC. 21. Separability Clause.-If any provision of this Act is declared unconstitutional or invalid, other parts or
provisions hereof not affected thereby shall continue to be in force and effect.

SEC. 22. Repealing Clause.- All laws, decrees, executive orders, rules and regulations or parts thereof which are
contrary to or inconsistent with this Act are hereby repealed, amended or modified accordingly.

SEC. 23. Effectivity.- This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette
or in two (2) newspapers of general circulation.

Approved,

(SGD.) PANTALEON D. ALVAREZ (SGD.) AQUILINO "KOKO" PIMENTEL III

Speaker of the House President of the Senate
of Representatives

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

(SGD.) CESAR STRAIT PAREJA (SGD.) LUTGARDO B. BARBO

Secretary General Secretary of the Senate
House of Representatives

Approved: JUN 22 2018

(SGD.) RODRIGO ROA DUTERTE

President of the Philippines

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