REPUBLIC ACT 00003

Philippine Beaches Preservation Act of 2018

AN ACT TO IMPLEMENT CARRYING CAPACITY IN LIMITING

TOURIST INFLUX ON BEACHES AND ISLANDS OF THE PHILIPPINES

Explanatory Note

The tourism sector is one of the bright spots of the Philippine

economy. In 2017, 6,620,908 foreign tourists visited the Philippines
marking the unprecedented growth of the country's tourism industry. It
grew about 11% from the previous year's arrivals of 5,967,005.
Philippine tourism even bested the average tourism growth of Asia and
the Pacific which is at six percent and Southeast Asia at eight percent
according to the latest United Nations World Tourism Organization
(UNWTO) World Tourism Barometer. Furthermore, the World Travel
and Tourism Council projected that the direct contribution of Travel
and Tourism to our GDP will rise to Php 5,143.2 billion or 20.7% in
2027. Our coastal resources will play an enormous role in achieving our
tourism sector’s potential. Our coastline stretches for some 36,000
kilometers and encompasses around 800 municipalities. For many
foreigners and tourists, these coastlines are our country. The
Philippines which they see is the one found in postcards and travel
blogs. The recent domestic and foreign films boasting and/or featuring
Philippine beaches in Boracay, Siargao, Palawan, La Union, Batangas,
among others, had attracted a lot more tourists to visit our beaches.

The magnitude of tourist activities, however, exceeds beyond its

carrying capacity and that results to environmental problems, among
others diminishing water quality and biodiversity loss. The unmanaged
growth has caused environmental experts to raise red flags on the
negative effects as such. The number of tourists traveling to beaches
keeps increasing while the resources remain the same; this results in a
lot of trash, noise and overcrowded boats that makes accidents more
likely and long-term environmental damage unavoidable.

Action must be taken to preserve our nature, beaches and islands.

To this end, this presentation hereby proposes the implementation of
Philippine Beaches Preservation Act of 2018. This bill seeks to mandate
Local Government Units to formulate and implement the carrying
capacity of their local beaches and islands to limit tourist influx. This bill
further proposes the creation of the Council for the purpose of
regulating tourist influx in our beaches or islands, and ensure
compliance with the rules which may be further established.
 WHEREAS, Section 16, Article II of the 1987 Constitution
enshrines the State policy of protecting and advancing the people’s right
to a balanced and healthful ecology in accordance with the rhythm and
harmony of nature;

WHEREAS, Section 1, Title XIV, Book IV, of Executive Order No.

292 or the Administrative Code of 1987 provides that the State shall
ensure, for the benefit of the Filipino people, the full exploration and
development as well as the judicious disposition, utilization,
management, renewal and conservation of the country’s forest, mineral,
land, waters, fisheries, wildlife, off-shore areas and other natural
resources, consistent with the necessity of maintaining a sound
ecological balance and protecting and enhancing the quality of the
environment and the objective of making the exploration, development
and utilization of such natural resources equitably accessible to the
different segments of the present as well as future generations;

WHEREAS, Section 3(i) Chapter I, Title I, Book I of the Republic

Act (RA) No. 7610, as amended or the Local Government Code of 1991
provides that the local government shall share with the national
government the responsibility in the management and maintenance of
ecological balance within their territorial jurisdiction.

WHEREAS, pursuant to various environmental laws, persons who

caused or contributed to environmental damage must be held
accountable and must be made to pay at their expense the damage they
caused up to the same extent the environment was rendered unfit for
utilization and beneficial use;

WHEREAS, Philippine beaches and islands, being world-famous,

contributes immensely to the socio-economic growth of the country, is
vital national asset and a source of national pride;

WHEREAS, years of indiscriminate development have led to

environmental degradation, pollution and the depletion and destruction
of the Islands’ biodiversity;

WHEREAS, the continuous influx of tourists on beaches and

islands have caused disturbance in the environment;

WHEREAS, to avoid further deterioration, there is a need to

implement “carrying capacity” policy that will limit the number of
visitors to beaches and islands in a given day.
 ARTICLE I
GENERAL PROVISIONS

SECTION 1 - Short Title. – This Act shall be known as “Philippine

Beaches Preservation Act of 2018”.

SECTION 2. Declaration of Policy. – The State declares tourism as

an indispensable element of the national economy and an industry of
national interest and importance. It is evidenced by number of tourist
visiting the country each year. And as part of the growing industry of
tourism in the Philippines, the need to preserve and protect our beaches
and islands must also be taken into consideration.

Towards this end, the State shall seek to:

a) Ensure the development of Philippine tourism that is for and by

the Filipino people, conserve and promote their heritage, national
identity and sense of unity;

b) To protect the residents' quality of life as it may be compromised

considering the load capacity of destinations.

c) Recognize the Philippine beaches and Island as it stands out for its
environmental sustainability, excellent services, continuous
capacity to amaze and novel offerings.

d) Promote a tourism industry that is ecologically sustainable,

responsible, participative, culturally sensitive, economically
viable, and ethically and socially equitable for local communities;

e) Encourage the private sector and operators/owners of tourist

activities continue to contribute not just to their own success, by
improving the quality of life of its residents and maintaining and
creating new facilities, but also to the success of other economic
sectors and to raising the international profile of the Islands and
beaches in the Philippines.

SECTION 3. Objectives. – Pursuant to the above declaration, the

State shall adopt the following objectives:

(a) Develop a national tourism action plan to impose carrying

capacity cap for tourist who are planning to visit our Island and
beaches.
 (b) Reduce the influx of tourist to lessen the infrastructures used
by tourist as it causes a big impact on the environment and
causing negative effects, requiring considerable attention.
(c) Encourage activities and programs which promote tourism
awareness, preserve the country’s diverse cultures and
heritage in a regulated capacity.
(d) Ensure the right of the people to a balanced and healthful
ecology through conservation and restoration.
(e) To draw guidelines for more conscious planning, helping to
prevent over-exploitation of resources and a rapid decline of
the destination;
(f) To evaluate the possibilities of rejuvenation policies (e.g.
investments for promoting a new type of tourist for the
destination), to avoid the stagnation and decline phases that
can occur when the depletion of natural and physical capital of
the area make the destination less attractive for new tourists.

SECTION 4. Definition of Terms. – The following terms, as used in

this Act, are defined as follows:

a) “Carrying Capacity” - means maximum number of persons which

could visit a location within a given period, such that local
environmental, physical, economic, and socio-cultural
characteristics are not compromised, and without reducing
tourist satisfaction;

b) “Council”- refers to the National Council for Preservation of

Philippine Beaches established under this Act;

c) “Local Carrying Capacity Cap Tourist Plan” or “Plan”- refers to the

plans to be formulated by respective LGUs under this Act in
consultation with affected cities, municipalities and communities;

d) “Philippine Beaches Preservation Framework” or “Framework”-

refers to the Framework to be established by the Council under
this Act;

e) “Secretary”- refers to the Secretary of Tourism;

f) "tourism operation"- refers to a hotel, guest house, hostel, holiday

premises, house used for the provision of accommodation to
tourists, catering establishment, travel agency, destination
management company, incoming tourist agency, organized
excursion operator, tourist guide, and other tourism services,
whether licensed or not:
 g) "tourist"- refers to any person who is travelling to and staying in
places outside his usual environment for not more than one
consecutive year for leisure, business and other personal purpose
other than by taking up employment or to establish a business in
the place visited;

h) "tourist guide"- refers to a person who guides visitors in the

language of their choice and interprets the cultural and natural
heritage of Malta and/or specific area or areas, and who possesses
a specific relevant qualification and license issued and/or
recognized by the Authority;

ARTICLE II
THE NATIONAL COUNCIL FOR PRESERVATION OF PHILIPPINE
BEACHES

SECTION 5. Establishment of the Council. The National Council for

Preservation of Philippine Beaches is hereby established. The
Regulatory Board shall be the policy-making, standard-setting, planning,
coordinating, enforcing, monitoring, and advisory body of the
government on preservation of Philippine beaches. The Regulatory
Board shall be independent agency attached to the Department of
Environment and Natural Resources, with a separate budget under the
General Appropriations Act.

SECTION 6. Powers and Functions of the Council.- The Council

shall be empowered to:

a) Formulate the Philippine Beaches Prevention Framework,

which shall include but not limited to the following
requirements:

1. Ecological Waste Management

2. Water quality and sanitation
3. Presence of floatable materials, such as plastics,
aluminum cans, and bottles;
4. Accessibility;
5. Preventing and reversing beaches and islands
degradation;
6. Beaches and islands cleanliness and/or visible pollution;
7. Presence of emergency health services;
8. Protection of marine flora and fauna; and
9. Other measurable and reasonable quality standards
pursuant to the declared state policy of the Act or other
related laws or rules and regulations.
 b) Supervise the formulation and implementation of Local
Carrying Capacity Cap Tourist Plan;

c) To cause the conduct of study in the area to determine the

carrying capacity of each island or beaches taking into
consideration the characteristic features and condition of
the area;

d) To adopt measures for the preservation and control of

activities that may threaten the ecological balance in the
area;

e) Research and develop community-based and preventive

models and promote their adoption among local
government units;

f) Receive grants, contributions, donations, endowment,

bequests, or gifts in cash, or in kind from local and foreign
sources in support of the development and implementation
of projects and plans: Provided, that such donations shall
not be used to fund personal services expenditures and
other operating expenses of the Council;

g) Provide awards and other forms of recognition to provinces

and affected LGUs which provide good examples of
implementing the Philippine beaches preservation Act.

h) To perform such other functions as may be necessary or

Incidental to the implementation of the purposes of this act;

SECTION 7. Composition.- The Council shall be composed of:

a) The Secretary of the DENR, or his duly authorized

representative, as chairperson;

b) The Secretary of the Department of Tourism (DOT), or his

duly authorized representative, as Co-Chairperson;

c) The Secretary of the Department of Transportation (DOTr),

or his duly authorized representative;

d) The Secretary of the Department of Health (DOH), or his

duly authorized representative;

e) The Secretary of the Department of Interior and Local

Government, or his duly authorized representative;
 f) A representative from the academe who shall be expert in
Philippine beaches preservation management and/or
related discipline;

g) A representative from reputable non-government

organization working on Philippine beaches preservation.

SECTION 8. Components of the Framework- The Framework shall

include, but not be limited to, the following measurable components:

a) Ecological Waste Management

b) Water quality and sanitation
c) Presence of floatable materials, such as plastics, aluminium
cans, and bottles;
d) Accessibility;
e) Preventing and reversing beaches and islands degradation;
f) Beaches and islands cleanliness and/or visible pollution;
g) Presence of emergency health services;
h) Protection of marine flora and fauna; and
i) Other measurable and reasonable quality standards
pursuant to the declared state policy of the Act or other
related laws or rules and regulations.

ARTICLE III
ROLE OF NATIONAL GOVERNMENT UNITS

SECTION 9. Role of National Government Agenices.- In addition to

their duties as members of the Council, the concerned agencies shall
also perform the following functions to ensure the successful
implementation of this Act.

a) The DOT shall provide technical and financial assistance in

marketing, promoting and developing Philippine beaches
prevention projects. The DOT shall also coordinate with the
Philippine Information Agency (PIA) in formulating and
disseminating information against the collection of flora and
fauna in beach and island recreational areas;

b) The DOTr shall assist in the provision of transportation services

for beach and island recreational areas, in coordination with the
DOT, and DILG, and the concerned provinces and affected local
government units;

c) The DENR and its attached agencies shall provide technical and
financial assistance in monitoring and the status of flora and fauna
in beach and island recreational areas and maintaining their
assistance;
 d) The DOH and the DENR- Environmental Management bureau shall
formulate and enforce water quality and sanitation standards for
beach recreational areas. The DOH shall provide technical
assistance to coastal provinces and affected government units in
monitoring such standards in beach and island recreational areas;
and

e) The DILG, in coordination with the Council, shall take the lead in
raising awareness for the prevention of Philippine beaches among
provinces and affected local government units.

ARTICLE IV
ROLE OF LOCAL GOVERNMENT UNITS

SECTION 10. Local Carrying Capacity Cap Tourist Plan.-Respective

LGUs shall formulate and implement their respective Local Carrying
Capacity Cap of Tourist Plans, herein referred to as “the plan”, to ensure
the regulated influx of tourist within their jurisdiction. The plans shall
include, but not limited to:

a) Promotion of the carrying capacity cap, visitors will be limited to

a certain number of persons per day;

b) Clean-ups of beach and island recreational areas;

c) Banning tourists and locals from collecting samples of flora and

fauna found in beach and island recreational areas;

d) Collection of tourism access fees from beach and island

recreational areas: Provided, that all amounts collected pursuant
to this provision shall accrue to the city and municipal
government from which it was collected and which shall be
accounted for in accordance with existing government rules and
regulations: Provided further; that the all amounts collected shall
be used by the LGU to implement the provisions of this Act.

e) Inspection and regulation of water quality and sanitation in beach

and island recreational areas;

f) Inspection by the authority involved to control the number of

visiting tourists;

ARTICLE V
PENAL PROVISIONS
 SECTION 11. Prohibited Acts.- The following acts are hereby
prohibited:

a) Exceeding to the maximum allowable capacity/ or volume of

tourists required by respective LGUs.

b) Discharging, depositing or causing to be deposited material of any

kind directly or indirectly into the water bodies or along the
margins of any surface water, where, the same shall be liable to be
washed into such surface water, either by tide action or by storm,
floods or otherwise, which could cause water pollution or impede
natural flow in the water body;

c) Operating facilities that discharge regulated water pollutants

without the valid required permits or after the permit was
revoked for any violation of any condition therein;

d) Undertaking activities or development and expansion of projects

without a license to accommodate the tourists.

e) Refusal to allow entry, inspection and monitoring by the

Department in accordance with this Act;

f) Refusal to allow access by the Department to relevant reports and

records in accordance with this Act;

g) Refusal or failure to submit reports whenever required by the

Department in accordance with this Act.

SECTION 12. Fines, Damages and Penalties. - Unless otherwise

provided herein, any person who commits any of the prohibited acts
provided in the immediately preceding section or violates any of the
provision of this Act or its implementing rules and regulations, shall be
fined by the Secretary, upon the recommendation of the PAB in the
amount of not less than Ten thousand pesos (P10,000.00) nor more
than Two hundred thousand pesos (P200,000.00) for every day of
violation. The fines herein prescribed shall be increased by ten percent
(10%) every two (2) years to compensate for inflation and to maintain
the deterrent function of such fines..

ARTICLE VI
ACTIONS

SECTION 13. Administrative Action.- Upon receipt of a report from

a duly authorized inspector or upon a valid complaint from a private
person, the DENR Secretary or his duly authorized representatice has
the power to order an investigation or inquiry in such a manner as he
may determine on the alleged violation of any of the provision of R.A.
No. 00003 and its Implementing Rules and Regulations (IRR). If, after
investigation, there appears to be a violation of any the provisions of
R.A. No. 00003 or its IRR, the Secretary of his duly authorized
representative shall issue summons informing the respondent/s of the
nature of the charges against him/ them and requiring said
respondent/s to appear before him or his duly designated
representative for a conference for the purpose of determining whether
an Order for the confiscation or payment of administrative fine should
be issued.

ARTICLE VII
FINAL AND TRANSITORY PROVISIONS

SECTION 14. Appropriations.- The amounts necessary to

implement this Act shall be taken from the current budget of the
Department of Environment and National Resources. Thereafter, such
amounts necessary to effectively carry out the provisions of this Act
shall be included in the annual General Appropriations Act.

SECTION 15. Penalty for Non-Compliance of LGUs.- Local

government officials who fail to formulate and implement their Local
Carrying Capacity for Tourist Plan shall be charged with the penalty of
dereliction of duty as defined under Chapter IV, Section 6 of Republic
Act No. 7160 under Republic Act No. 7160 otherwise known as the
‘Local Government Code of 1991”.

SECTION 16. Implementing Rules and Regulations.- The DENR.

DOT, DOTr, DOH, DILG shall promulgate the implementing rules and
regulations of this Act within ninety (90) days from its effectivity.

SECTION 17. Separability Clause.- If any section or part of this Act

is held unconstitutional or invalid, the other sections or provisions not
otherwise affected shall remain in full force or effect.

SECTION 18. Effecitivity Date.- This Act shall take effect after
fifteen (15) days following the completion of its publication either in the
Official Gazette or in at least two (2) national newspapers of general
circulation.

SECTION 19. Sponsors.- The Sponsors of the bill are the following:

BASILIO, PRINCESS
DE LA CUESTA, BLANCHE KHAYLIL P.
NASEEF, ACRAMI
NOMBRE, NOREEN PATRICIA