Natural Resources and Environmental Laws Part1

REPUBLIC ACT NO. 7586 SECTION 4.
Definition of Terms - For purposes of this Act, the

following terms shall be defined as follows:
AN ACT PROVIDING FOR THE ESTABLISHMENT AND
MANAGEMENT OF a. "National Integrated Protected Areas System (NIPAS)" is
NATIONAL INTEGRATED PROTECTED AREAS SYSTEM, the classification and administration of all designated
DEFINING ITS SCOPE AND COVERAGE, AND FOR OTHER protected areas to maintain essential ecological processes
PURPOSES and life-support systems, to preserve genetic diversity, to
ensure sustainable use of resources found therein, and to
Be it enacted by the Senate and House of Representatives of the maintain their natural conditions to the greatest extent
Philippines in Congress assembled: possible;

b. "Protected Area" refers to identified portions of land and
SECTION 1. Title - This Act shall be known and referred to as
water set aside by reason of their unique physical and
the "National Integrated Protected Areas System Act of 1992".
biological significance, managed to enhance biological
diversity and protected against destructive human
SECTION 2. Declaration of Policy - Cognizant of the profound exploitation;
impact of man's activities on all components of the natural
environment particularly the effect of increasing population, resource c. "Buffer zones" are identified areas outside the boundaries
exploitation and industrial advancement and recognizing the critical of and immediately adjacent to designated protected areas
importance of protecting and maintaining the natural biological and pursuant to Section 8 that need special development
physical diversities of the environment notably on areas with control in order to avoid or minimize harm to the protected
biologically unique features to sustain human life and development, area;
as well as plant and animal life, it is hereby declared the policy of the
State to secure for the Filipino people of present and future d. "Indigenous cultural community" refers to a group of people
generations the perpetual existence of all native plants and animals sharing common bonds of language, customs, traditions
through the establishment of a comprehensive system of integrated and other distinctive cultural traits and who have since time
protected areas within the classification of national park as provided immemorial, occupied, possessed and utilized a territory;
for in the Constitution.
e. "National park" refers to a forest reservation essentially of
It is hereby recognized that these areas, although distinct in features, natural wilderness character which has been withdrawn
posses common ecological values that may be incorporated into a from settlement, occupancy or any form of exploitation
holistic plan representative of our natural heritage; that effective except in conformity with approved management plan and
administration of this area is possible only through cooperation set aside as such exclusively to conserve the area or
among national government, local government and concerned preserve the scenery, the natural and historic objects, wild
private organizations; that the use and enjoyment of these protected animals and plants therein and to provide enjoyment of
areas must be consistent with the principles of biological diversity these features in such areas;
and sustainable development.
f. "Natural monuments" is a relatively small area focused on
To this end, there is hereby established a National Integrated protection of small features to protect or preserve nationally
Protected Areas System (NIPAS), which shall encompass significant natural features on account of their special
outstandingly remarkable areas and biologically important public interest or unique characteristics;
lands that are habitats of rare and endangered species of plants and
animals, biogeographic zones and related ecosystems, whether g. "Natural biotic area" is an area set aside to allow the way of
terrestrial, wetland or marine, all of which shall be designated as life of societies living in harmony with the environment to
"protected areas". adapt to modern technology at their pace;

SECTION 3. Categories - The following categories of protected h. "Natural park" is a relatively large area not materially
areas are hereby established: altered by human activity where extractive resource uses
are not allowed and maintained to protect outstanding
natural and scenic areas of national or international
a. Strict nature reserve;
significance for scientific, educational and recreational use;
b. Natural park;

c. Natural monument;
i. "Protected landscapes/seascapes" are areas of national
d. Wildlife sanctuary;
significance which are characterized by the harmonious
e. Protected landscapes and seascapes;
interaction of man and land while providing opportunities
f. Resource reserve;
for public enjoyment through the recreation and tourism
g. Natural biotic areas; and
within the normal lifestyle and economic activity of these
h. Other categories established by law,
areas;
conventions or international agreements

which the Philippine Government is a
j. "Resource reserve" is an extensive and relatively isolated
signatory.
and uninhabited area normally with difficult access
designated as such to protect natural resources of the area
for future use and prevent or contain development activities Offices, Provincial Environment and Natural Resources
that could affect the resource pending the establishment of Offices (PENROs) and Community Environment and
objectives which are based upon appropriate knowledge Natural Resources Offices (CENROs) where NIPAS areas
and planning; are located;

k. "Strict nature reserve" is an area possessing some d. Within three (3) years from the effectivity of
outstanding ecosystem, features and/or species of flora this Act, the DENR shall study and review
and fauna of national scientific importance maintained to
protect nature and maintain processes in an undisturbed
each area tentatively composing the System
state in order to have ecologically representative examples as to its suitability or non-suitability for
of the natural environment available for scientific study, preservation as protected area and inclusion
environmental monitoring, education, and for the in the System according to the categories
maintenance of genetic resources in a dynamic and established in Section 3 hereof and report its
evolutionary state;

findings to the President as soon as each
l. "Tenured migrant communities" are communities within study is completed. The study must include
protected areas which have actually and continuously in each area:
occupied such areas for five (5) years before the
designation of the same as protected areas in accordance 1. A forest occupants survey;
with this Act and are solely dependent therein for 2. An ethnographic study;
subsistence; and 3. A protected area resource profile;
Land use plans done in coordination with the
m. "Wildlife sanctuary" comprises an area which assures the 4.
respective Regional Development Councils; and
natural conditions necessary to protect nationally Such other background studies as will be sufficient
significant species, groups of species, biotic communities 5.
bases for selection.
or physical features of the environment where these may
require specific human manipulations for their perpetuation. The DENR shall:
SECTION 5. Establishment and Extent of the System - The

establishment and operationalization of the System shall involve the a. Notify the public of proposed action through
following: publication in a newspaper of general
circulation, and such other means as the
a. All areas or islands in the Philippines proclaimed, System deems necessary in the area or areas
designated or set aside, pursuant to a law, presidential in the vicinity of the affected land thirty (30)
decree, presidential proclamation or executive order as days prior to the public hearing;
national park, game refuge, bird and wildlife sanctuary,
wilderness area, strict nature reserve, watershed,
mangrove reserve, fish sanctuary, natural and historical i. Conduct public hearings at the locations nearest to

landmark, protected and managed landscape/seascape as the area affected;
well as identified virgin forests before the effectivity of this ii. At least thirty (30) days prior to the date of hearing,
Act are hereby designated as initial components of the advise all Local Government Units (LGUs) in the
System. The initial components of the System shall be affected areas, national agencies concerned,
governed by existing laws, rules and regulations, not people's organizations and non-government

inconsistent with this Act; organizations and invite such officials to submit
their views on the proposed action at the hearing
b. Within one (1) year from the effectivity of this Act, the not later than thirty (30) days following the date of
DENR shall submit to the Senate and the House of hearing; and
Representatives a map and legal descriptions or natural iii. Give due consideration to the recommendations at
boundaries of each protected area initially comprising the the public hearing; and provide sufficient
System. Such maps and legal description shall, by virtue of explanation for his recommendations contrary to
this Act, constitute the official documentary representation the general sentiments expressed in the public
of the entire System, subject to such changes as Congress hearing;
deems necessary; b. Upon receipt of the recommendations of the DENR, the
President shall issue a presidential proclamation
c. All DENR records pertaining to said protected areas, designating the recommended areas as protected areas
including maps and legal descriptions or natural and providing for measures for their protection until such
boundaries, copies of rules and regulations governing time when Congress shall have enacted a law finally
them, copies of public notices of, and reports submitted to declaring such recommended areas as part of the
Congress regarding pending additions, eliminations, or integrated protected area systems; and
modifications shall be made available to the public. These
legal documents pertaining to protected areas shall also be c. Thereafter, the President shall send to the Senate and the
available to the public in the respective DENR Regional House of Representatives his recommendations with
respect to the designations as protected areas or individual management plan prepared by three (3) experts, basic
reclassification of each area on which review has been background information, field inventory of the resources within the
completed, together with maps and legal description of area, an assessment of assets and limitations, regional
boundaries. The President, in his recommendation, may interrelationships, particular objectives for managing the area,
propose the alteration of existing boundaries of any or all appropriate division of the area into management zones, a review of
proclaimed protected areas, addition of any contiguous the boundaries of the area, and a design of the management
area of public land of predominant physical and biological programs.
value. Nothing contained herein shall limit the President to
propose, as part of his recommendation to Congress, SECTION 10. Administration and Management of the System. -
additional areas which have not been designated, The National Integrated Protected Areas System is hereby placed
proclaimed or set aside by law, presidential decree, under the control and administration of the Department of
proclamation or executive orders as protected area/s. Environment and Natural Resources. For this purpose, there is
hereby created a division in the regional offices of the Department to
SECTION 6. Additional Areas to be Integrated to the System. - be called the Protected Areas and Wildlife Division in regions where
Notwithstanding the establishment of the initial component of the protected areas have been established, which shall be under the
additional areas with outstanding physical features, anthropological supervision of a Regional Technical Director, and shall include
significance and biological diversity in accordance with the provisions subordinate officers, clerks, and employees as may be proposed by
of Section 5d. the Secretary, duly approved by the Department of Budget and
Management, and appropriated by the Congress. The Service thus
SECTION 7. Disestablishment as Protected Area. - When in established shall manage protected areas and promote the
the opinion of the DENR a certain protected area should be permanent preservation, to the greatest extent possible of their
withdrawn or disestablished, or its boundaries modified as warranted natural conditions.
by a study and sanctioned by the majority of the members of the
respective boards for the protected area as herein established in To carry out the mandate of this Act, the Secretary
Section 11, it shall, in turn, advice Congress. Disestablishment of a of the DENR is empowered to perform any and all
protected area under the System or modification of its boundary shall
take effect pursuant to an act of Congress. Thereafter, said area
of the following acts:
shall revert to the category of public forests unless otherwise
classified by Congress: Provided however, that after a. To conduct studies on various characteristic
disestablishment by Congress, the Secretary may recommend the features and conditions of the different protected
transfer of such disestablished area to other government agencies to areas, using commonalities in their characteristics,

serve other priority programs of national interest. classify and define them into categories and
prescribe permissible or prohibited human activities
SECTION 8. Buffer Zones. - For each protected area, there in each category in the System;
shall be established peripheral buffer zones when necessary, in the b. To adopt and enforce a land use scheme and
same manner as Congress establishes the protected area, to protect zoning plan in adjoining areas for the preservation

the same from activities that will directly and indirectly harm it. Such and control of activities that may threaten the
buffer zones shall be included in the individual protected area ecological balance in the protected areas;
management plan that shall prepared for each protected area. The c. To cause the preparation of and exercise the power
DENR shall exercise its authority over protected areas as provided in to review all plans and proposals for the
this Act on such area and designated as buffer zones. management of protected areas;
d. To promulgate rules and regulations necessary to

SECTION 9. Management Plans. - There shall be a general carry out the provisions of this Act;
management planning strategy to serve as guide in formulating e. To deputize field officers and delegate any of his
individual plans for each protected area. The management planning powers under this Act and other laws to expedite its
strategy shall, at the minimum, promote the adoption and implementation and enforcement;
implementation of innovative management techniques including if f. To fix and prescribe reasonable NIPAS fees to be
necessary, the concept of zoning, buffer zone management for collected from government agencies or any person,
multiple use and protection, habitat conservation and rehabilitation,
firm or corporation deriving benefits from the
diversity management, community organizing, socioeconomic and protected areas;
scientific researches, site-specific policy development, pest g. To exact administrative fees and fines as authorized
management, and fire control. The management planning strategy in Section 21 for violation of guidelines, rules and
shall also provide guidelines for the protection of indigenous cultural
regulations of this Act as would endanger the
communities, other tenured migrant communities and sites for close viability of protected areas;
coordination between and among local agencies of the Government h. To enter into contracts and/or agreements with
as well as the private sector. private entities or public agencies as may be
necessary to carry out the purposes of this Act;
Each component area of the System shall be planned and i. To accept in the name of the Philippine
administered to further protect and enhance the permanent Government and in behalf of NIPAS funds, gifts or
preservation of its natural conditions. A management manual shall be bequests of money for immediate disbursements or
formulated and developed which must contain the following: an other property in the interest of the NIPAS, its
activities or its services; a. A member who shall be appointed to
j. To call on any agency or instrumentality of the represent each local government down to
Government as well as academic institutions, non- barangay level whose territory or portion is
government organizations and the private sector as included in the protected area. Each

may be necessary to accomplish the objectives and appointee shall be the person designated
activities of the System; by the head of such LGU, except for the
k. To submit an annual report to the President of the Provincial Development Officer who shall
Philippines and to Congress on the status of serve ex officio;
protected areas in the country; b. A member from non-government
organizations who shall be endorsed by
l. To establish a uniform marker of the System,
heads of organizations which are
including an appropriate and distinctive symbol for
preferably based in the area or which have
each category in the System, in consultation with
established and recognized interest in
appropriate government agencies and public and
protected areas;
private organizations;
c. The RED/s in the region/s where such
m. To determine the specification of the class, type protected area lies shall sit as ex officio
and style of buildings and other structures to be member of the Board and shall serve as

constructed in protected areas and the materials to adviser/s in matters related to the technical
be used; aspect of management of the area; and
n. Control the construction, operation and d. The RED shall act as chairman of the
maintenance of roads, trails, waterworks, sewerage, Board. When there are two (2) or more

fire protection, and sanitation systems and other REDs in the Board, the Secretary shall
public utilities within the protected area;
designate one (1) of them to be the
o. Control occupancy of suitable portions of the Chairman. Vacancies shall be filled in the
protected area and resettle outside of said area same manner as the original appointment.

forest occupants therein, with the exception of the
members of indigenous communities area; and SECTION 12. Environmental Impact Assessment. - Proposals
p. To perform such other functions as may be directed for activities which are outside the scope of the management plan for
by the President of the Philippines, and to do such protected areas shall be subject to an environmental impact
acts as may be necessary or incidental to the assessment as required by law before they are adopted, and the
accomplishment of the purpose and objectives of results thereof shall be taken into consideration in the decision-
the System. making process.
SECTION 11. Protected Area Management Board. - A Protected No actual implementation of such activities shall be allowed without
Area Management Board for each of the established protected area the required Environmental Compliance Certificate (ECC) under the
shall be created and shall be composed of the following: The Philippine Environmental Impact Assessment (EIA) system. In
Regional Executive Director under whose jurisdiction the protected instances where such activities are allowed to be undertaken, the
area is located; one (1) representative from the autonomous regional proponent shall plan and carry them out in such manner as will
government, if applicable; the Provincial Development Officer; one minimize any adverse effects and take preventive and remedial
(1) representative from the municipal government; one (1) action when appropriate. The proponent shall be liable for any
representative from each barangay covering the protected area; one damage due to lack of caution or indiscretion.
(1) representative from each tribal community, if applicable; and, at
least three (3) representatives from non-government SECTION 13. Ancestral Lands and Rights Over Them. -
organizations/local community organizations, and if necessary, one Ancestral lands and customary rights and interest arising shall be
(1) representative from other departments or national government accorded due recognition. The DENR shall prescribe rules and
agencies involved in protected area management. regulations to govern ancestral lands within protected areas:
Provided, that the DENR shall have so power to evict indigenous
The Board shall, by a majority vote, decide the communities from their present occupancy nor resettle them to
allocations for budget, approve proposals for another area without their consent: Provided, however, That all rules
funding, decide matters relating to planning, and regulations, whether adversely affecting said communities or not,
shall be subjected to notice and hearing to be participated in by
peripheral protection and general administration of members of concerned indigenous community.
the area in accordance with the general management
strategy. The members of the Board shall serve for a SECTION 14. Survey for Energy Resources. - Consistent with
term of five (5) years without compensation, except the policies declared in Section 2 hereof, protected areas, except
for actual and necessary traveling and subsistence strict nature reserves and natural parks, may be subjected to
expenses incurred in the performance of their exploration only for the purpose of gathering information on energy
resources and only if such activity is carried out with the least
duties. They shall be appointed by the Secretary of damage to surrounding areas. Surveys shall be conducted only in
the DENR as follows: accordance with a program approved by the DENR, and the result of
such surveys shall be made available to the public and submitted to
the President for recommendation to Congress. Any exploitation and and make arrests in accordance with the rules on criminal procedure
utilization of energy resources found within NIPAS areas shall be for the violation of laws and regulations relating to the protected
allowed only through a law passed by Congress. areas. Persons arrested shall be brought to the nearest police
precinct for investigation.
SECTION 15. Areas Under the Management of Other
Departments and Government Instrumentalities. - Should there be Nothing herein mentioned shall be construed as preventing regular
protected areas, or portions thereof, under the jurisdiction of law enforcers and police officers from arresting any person in the act
government instrumentalities other than the DENR, such jurisdiction of violating said laws and regulations.
shall, prior to the passage of this Act, remain in the said department
or government instrumentality; Provided, That the department or SECTION 19. Special Prosecutors. - The Department of Justice
government instrumentality exercising administrative jurisdiction over shall designate special prosecutors to prosecute violations of laws,
said protected area or a portion thereof shall coordinate with the rules and regulations in protected areas.
DENR in the preparation of its management plans, upon the
effectivity of this Act. SECTION 20. Prohibited Acts. - Except as may be allowed by
the nature of their categories and pursuant to rules and regulations
SECTION 16. Integrated Protected Areas Fund. - There is governing the same, the following acts are prohibited within protected
hereby established a trust fund to be known as Integrated Protected areas:
Areas (IPAS) Fund for purposes of financing projects of the System.
The IPAS may solicit and receive donations, endowments, and a. Hunting, destroying, disturbing, or mere
grants in the form of contributions, and such endowment shall be possession of any plants or animals or
exempted from income or gift taxes and all other taxes, charges or
products derived therefrom without a
fees imposed by the Government or any political subdivision or permit from the Management Board;
instrumentality thereof. b. Dumping of any waste products detrimental
to the protected area, or to the plants and
All incomes generated from the operation of the animals or inhabitants therein;
System or management of wild flora and fauna shall c. Use of any motorized equipment without a

accrue to the Fund and may be utilized directly by permit from the Management Board;
d. Mutilating, defacing or destroying objects of
the DENR for the above purpose. These incomes natural beauty, or objects of interest to
shall be derived from: cultural communities (of scenic value);
e. Damaging and leaving roads and trails in a

a. Taxes from the permitted sale and damaged condition;
export of flora and fauna and other f. Squatting, mineral locating, or otherwise

resources from protected areas; occupying any land;
b. Proceeds from lease of multiple use g. Constructing or maintaining any kind of

areas; structure, fence or enclosures, conducting
c. Contributions from industries and any business enterprise without a permit;
facilities directly benefiting from the h. Leaving in exposed or unsanitary
protected area; and conditions refuse or debris, or depositing in
d. Such other fees and incomes derived ground or in bodies of water; and
from the operation of the protected area. i. Altering, removing destroying or defacing

Disbursements from the Funds shall be boundary marks or signs.
made solely for the protection,
maintenance, administration, and SECTION 21. Penalties. - Whoever violates this Act or any rules
management of the System, and duly and regulations issued by the Department pursuant to this Act or
approved projects endorsed by the whoever is found guilty by a competent court of justice of any of the
PAMBs, in the amounts authorized by offenses in the preceding section shall be fined in the amount of not
the DENR. less than Five thousand pesos (P5,000) nor more than Five hundred
thousand pesos (P500,000), exclusive of the value of the thing
damaged or imprisonment for not less than one (1) year but not more
SECTION 17. Annual Report to Congress. - At the opening of than six (6) years, or both, as determined by the court: Provided,
each session of Congress, the DENR shall report to the President, that, if the area requires rehabilitation or restoration as determined by
for transmission to Congress, on the status of the System, regulation the court, the offender shall be required to restore or compensate for
in force and other pertinent information, together with the restoration to the damages: Provided, further, that court shall
recommendations. order the eviction of the offender from the land and the forfeiture in
favor of the Government of all minerals, timber or any species
SECTION 18. Field Officers. - All officials, technical personnel collected or removed including all equipment, devices and firearms
and forest guards employed in the integrated protected area service used in connection therewith, and any construction or improvement
or all persons deputized by the DENR, upon recommendation of the made thereon by the offender. If the offender is an association or
Management Board shall be considered as field officers and shall corporation, the president or manager shall be directly responsible
have the authority to investigate and search premises and buildings for the act of his employees and laborers: Provided, finally, that the
DENR may impose administrative fines and penalties consistent with PROVINCE OF NEGROS OCCIDENTAL, AND IN THE CITY OF
this Act. CANLAON AND MUNICIPALITY OF VALLEHERMOSO, BOTH IN
THE PROVINCE OF NEGROS ORIENTAL, AS A PROTECTED
SECTION 22. Separability Clause. - If any part or section of this AREA AND A PERIPHERAL AREA AS BUFFER ZONE PROVIDING
Act is declared unconstitutional, such declaration shall not affect the FOR ITS MANAGEMENT, AND FOR OTHER PURPOSES
other parts or sections of this Act.
Be it enacted by the Senate and House of Representatives of the
SECTION 23. Repealing Clause. - All laws, presidential decrees, Philippines in Congress assembled:
executive orders, rules and regulations inconsistent with any
provisions of this Act shall be deemed repealed or modified ARTICLE I
accordingly. TITLE, POLICIES AND OBJECTIVES
SECTION 24. Effectivity Clause. - This Act shall take effect Section 1. Title. - This Act shall be known as the Mt. Kanla-on
fifteen (15) days after its complete publication in two (2) newspapers Natural Park (MKNP) Act of 2001.
of general circulation.
Section 2. Statement of Policy. - Considering the diversity of Mt.
Approved; Kanla-on's biological resources and its aesthetic, socio-cultural,
economic and ecological importance to the Island of Negros, it is
NEPTALI A. GONZALES hereby declared the policy of the State to ensure its protection and
President of the Senate conservation including its communities of people and their culture
and way of life insofar as they are in harmony with nature. The
protection and conservation of MKNP shall be pursued through
RAMON V. MITRA
sustainable and participatory development, advancing and protecting
Speaker of the House of Representative
the interests of its legitimate inhabitants, and honoring customary
laws in accordance with Republic Act No. 7586 or the National
This Act which is a consolidation of House Bill No. 34696 and Senate Integrated Protected Areas System (NIPAS) Act of 1992, Republic
Bill No. 1914 was finally passed by the House of Representatives Act No. 8371 or the Indigenous Peoples Rights Act (IPRA) of 1997,
and the Senate on February 6, 1992. and international conventions to which the Philippines is a signatory.
ANACLETO D. BADOY, JR. Section 3. Definition of Terms. - The following terms are hereby
Secretary of the Senate defined for purposes of this Act:
CAMILO L. SABIO (a) "Bioprospecting" shall refer to the research, collection,

Secretary General and utilization of biological and genetic resources for
House of Representatives purposes of applying the knowledge derived therefrom for
scientific and/or commercial purposes.
Approved: June 01 1992
(b) "Commercial" shall mean involving market sale in
(SGD.) CORAZON C. AQUINO volume or value in excess of that required to maintain basic
President of the Philippines subsistence for workers and their dependents.
(c) "DENR" shall refer to the Department of Environment

and Natural Resources.
Republic of the Philippines
CONGRESS OF THE PHILIPPINES (d) "Exotic Species" shall refer to species or subspecies
Metro Manila that do not naturally occur within the biogeographic region
of the MKNP at present or in historical time.
Eleventh Congress
(e) "Indigenous Cultural Communities/Indigenous Peoples
Third Regular Session (ICCs/IPs)" shall refer to the indigenous peoples as defined
in the IPRA, specifically, the Atis and Bukidnons of the
Begun and held in Metro Manila, on Monday, the twenty-fourth day MKNP.
of July, two thousand.
(f) "Natural Park" is a relatively large area not materially
REPUBLIC ACT NO. 9154 August 11, 2001 altered by human activity, where extractive resource uses
are not allowed, and maintained to protect outstanding
natural and scenic areas of national or international
AN ACT ESTABLISHING MT. KANLA-ON LOCATED IN THE CITIES
significance for scientific, educational, and recreational
OF BAGO, LA CARLOTA, AND SAN CARLOS AND IN THE
use.
MUNICIPALITIES OF LA CASTELLANA AND MURCIA, ALL IN THE
(g) "Nongovernment Organization (NGO)" shall refer to any Thence, N 24º 16’ E 141.43 m to point 8;
civic, developmental, environmental or philantrophic non-
stock, non-profit organization, duly registered, having by- Thence, N 01º 45’ W 144.13 m to point 9;
laws, democratically-elected representation, and multi-
sectoral in character. Thence, N 33º 32’ E 63.25 m to point 10; an old corner;
Thence, N 74º 15’ E 102.25 m to point 11;
(h) "Non-Renewable Resources" shall refer to those
resources found within the MKNP, the natural Thence, N 06º 16’ E 147.10 m to point 12;
replenishment rate of which is not known. Thence, N 74º 16’ E 157.88 m to point 13;
(i) "PAMB" shall refer to the Protected Area Management Thence, N 17º 04’ E 112.39 m to point 14;
Board, as provided herein.
Thence, S 68º 37’ E 45.40 m to point 15;
(j) "PASu" shall refer to the Protected Area Superintendent, Thence, N 31º 51’ E 283.07 m to point 16;
as provided herein.
(k) "People's Organization (PO)" shall refer to any group of Thence, N 53º 28’ E 60.50 m to point 18;
people formed to advance the interests of the sector they
represent. Thence, N 20º 46’ E 231.62 m to point 19;
(l) "Protected Species" shall refer to any plant or animal
declared protected under Philippine laws. These shall Thence, N 23º 18’ E 93.26 m to point 21;
include all species listed under the Convention of Thence, N 34º 12’ E 205.86 m to point 22;
International Trade of Endangered Species (CITES) and all
its Annexes, the Bonn Convention on Migratory Animals, Thence, N 07º 37’ E 50.05 m to point 23;
those specified under the redlist categories of the
International Conservation of Nature (UCN), or any plant or Thence, N 02º 57’ E 231.63 m to point 24;
animal which the PAMB may deem necessary for Thence, N 84º 47’ E 144.74 m to point 25;
conservation and preservation in the MKNP.
(m) "Tenured Migrant" shall refer to any person who has Thence, N 50º 59’ E 52.86 m to point 27;
actually and continuously occupied an area of five (5) years
prior to its designation as part of a protected area and is Thence, S 01º 37’ W 193.01 m to point 28;
usually dependent on that area for subsistence.
Thence, S 26º 57’ W 116.23 m to point 29;
Section 4. Declaration and Scope. - Pursuant to and in accordance Thence, S 10º 17’ W 96.45 m to point 30;
with the NIPAS Act, Mt. Kanla-on in the Island of Negros is hereby
declared and established as a protected area under the category of a Thence, S 89º 12’ E 110.45 m to point 31;
natural park.
Thence, N 76º 12’ E 90.83 m to point 32; an old corner;
The boundaries of the Mt. Kanla-on Natural Park are hereby Thence, N 87º 15’ E 40.76 m to point 33; an old corner;
described as follows:
Beginning at a point marked "1" on the map Thence, N 00º 02’ E 77.39 m to point 35;
which is marked on plan N.P. or P.B.M. No. Thence, N 22º 17’ W 456.63 m to point 36;
4 between Negros Occidental and Negros
Thence, N 83º 24’ W 37.01 m to point 37;
Oriental under Pontevedra Cadastre No. 60,
B.L. Case No. 2 of Negros Oriental; Thence, S 66º 45’ W 80.83 m to point 38;
1awphil.net S 61º 40’ W 277.22 m to point 2;
Thence, S 61º 40’ W 2,199.89 m to point 3;
Thence, S 26º ’49 W 224.42 m to point 43;
Thence, S 82º 49’ W 127.98 m to point 45; Thence, S 63º 18’ W 156.21 m to point 81;
Thence, S 03º 11’ E 311.03 m to point 46; Thence, S 79º 10’ W 47.06 m to point 82;
Thence, S 18º 24’ W 154.32 m to point 50; Thence, S 03º 34’ E 353.99 m to point 86;
Thence, S 45º 06’ W 37.47 m to point 51; an old corner; Thence, S 52º 01’ W 280.62 m to point 87;
Thence, N 85º 12’ W 34.27 m to point 52; an old corner; Thence, S 26º 26’ W 194.94 m to point 88;
Thence, N 65º 50’ W 45.67 m to point 53; P.L.S./B.L. on a Thence, S 14º 09’ W 38.04 m to point 89;
rock;
Thence, N 46º 39’ W 1,513.80 m to point 54;
Thence, N 49º 44’ W 646.11 m to point 57; P.L.S./B.L. on
a rock; Thence, N 03º 41’ E 133.04 m to point 94 ;
Thence, N 41º 34’ E 167.92 m to point 58; Thence, N 47º 08’ E 430.38 m to point 95; B.L. on a
concrete monument;
Thence, S 78º 39’ W 335.40 m to point 97; B.L. on a
Thence, N 54º 15’ E 164.47 m to point 61; concrete monument;
Thence, N 61º 56’ W 161.18 m to point 62; P.L.S./B.L.; Thence, S 24º 54’ W 288.30 m to point 98;
Thence, N 35º 16’ E 556.61 m to point 63; P.L.S./B.L.; Thence, S 41º 23’ W 655.76 m to point 99;
Thence, S 84º 33’ W 141.22 m to point 64; P.L.S./B.L.; Thence, S 42º 55’ W 161.60 m to point 100;
Thence, S 58º 26’ W 388.04 m to point 65; Thence, N 67º 40’ W 178.90 m to point 101;
Thence, N 67º 46’ W 42.33 m to point 66; Thence, N 82º 04’ W 84.26 m to point 102;
Thence, N 09º 35’ E 49.11 m to point 67; Thence, N 30º 12’ W 21.27 m to point 103;
Thence, N 00º 30’ W 49.72 m to point 68; Thence, N 47º 23’ E 99.14 m to point 104;
Thence, N 35º 07’ E 56.31 m to point 69; Thence, N 81º 03’ W 610.92 m to point 105; P.L.S./B.L. on
a rock;
Thence, N 18º 01’ E 290.52 m to point 106; P.L.S./B.L. on
Thence, N 02º 09’ E 65.80 m to point 71; a rock;
Thence, N 31º 51’ E 95.29 m to point 72; Thence, N 60º 39’ E 1,066.10 m to point 107; a
Thence, N 00º 58’ W 36.28 m to point 73; monument;
Thence, N 59º 17’ W 412.90 m to point 74; Thence, N 69º 40’ W 369.00 m to point 108; P.L.S./B.L.;
Thence, N 82º 46’ W 216.49 m to point 75; Thence, N 48º 52’ E 480.61 m to point 109; a monument;
Thence, N 18º 49’ E 121.00 m to point 76; Thence, N 67º 52’ W 371.08 m to point 110; a monument;
Thence, N 86º 30’ W 46.96 m to point 77; Thence, N 58º 06’ E 89.57 m to point 111; P.L.S./B.L.;
Thence, S 59º 01’ W 251.07 m to point 78; intersection; Thence, S 72º 25’ W 781.45 m to point 112;
Thence, S 50º 00’ W 142.03 m to point 80; Thence, N 64º 57’ W 440.33 m to point 114; a monument;
Thence, N 14º 53’ W 5289.75 m to point 115; a monument; Thence, N 54º 14’ E 33.76 m to point 150;
Thence, S 43º 33’ W 274.46 m to point 116; Thence, N 52º 34’ E 267.29 m to point 151;
Thence, N 85º 57’ W 596.27 m to point 117; a monument; Thence, N 65º 26’ E 294.80 m to point 152;
Thence, N 79º 10’ W 39.72 m to point 118; Thence, S 75º 55’ E 290.31 m to point 153;
Thence, N 45º 44’ W 106.41 m to point 119; a monument; Thence, S 29º 06’ E 75.65 m to point 154;
Thence, S 82º 52’ W 178.78 m to point 122; M.B.M. #12; Thence, N 11º 40’ W 59.33 m to point 157;
Thence, N 50º 31’ E 177.10 m to point 125; P.L.S./B.L.; Thence, N 62º 30’ E 105.59 m to point 160;
Thence, S 87º 59’ E 275.20 m to point 126; Thence, N 62º 07’ E 49.17 m to point 161;
Thence, N 28º 05’ E 321.56 m to point 127; P.L.S./B.L.; Thence, N 80º 35’ E 21.51 m to point 162;
Thence, N 53º 46’ E 412.63 m to point 128; Thence, N 88º 20’ E 82.34 m to point 163;
Thence, N 61º 22’ E 360.08 m to point 129; P.L.S./B.L. on Thence, N 79º 35’ E 19.78 m to point 164;
a rock;
Thence, N 86º 40’ W 494.60 m to point 132; P.L.S./B.L.;
Thence, S 60º 00’ W 295.94 m to point 133; P.L.S./B.L. on
a rock; Thence, N 65º 20’ E 172.12 m to point 169;
Thence, N 16º 20’ W 347.45 m to point 135; P.L.S./B.L.; Thence, N 87º 50’ E 16.61 m to point 171; P.L.S./B.L.;
Thence, N 41º 33’ E 277.58 m to point 137; Thence, S 63º 17’ W 156.97 m to point 173; P.L.S./B.L.;
Thence, N 15º 03’ E 383.90 m to point 138; P.L.S./B.L.; Thence, N 41º 11’ W 422.41 m to point 174;
Thence, N 76º 17’ W 218.04 m to point 140; P.L.S./B.L.; Thence, S 85º 40’ W 215.22 m to point 176; P.L.S./B.L.;
Thence, N 88º 04’ W 154.69 m to point 141; P.L.S./B.L.; Thence, N 27º 46’ E 177.88 m to point 177; P.L.S./B.L.;
Thence, S 47º 18’ W 222.00 m to point 142; P.L.S./B.L. on Thence, N 67º 26’ W 110.96 m to point 178;
a rock; Thence, N 40º 20’ E 274.86 m to point 179;
Thence, S 15º 35’ W 122.42 m to point 143; P.L.S./B.L.; Thence, N 45º 23’ W 59.65 m to point 180;
Thence, N 29º 33’ W 1,059.37 m to point 144; Thence, S 49º 25’ E 67.93 m to point 181;
Thence, N 17º 48’ W 39.99 m to point 145; South of Thence, N 62º 08’ E 78.54 m to point 182; a rock;
Najalin River;
Thence, S 70º 32’ E 30.30 m to point 183; P.L.S./B.L.;
Thence, S 60º 48’ E 97.35 m to point 186; a rock;
Thence, N 45º 43’ E 179.43 m to point 187; Thence, N 29º 08’ 59’’ 751.54 m to point 222;
E
Thence, N 60º 16’ 01’’ 599.55 m to point 223;
Thence, N 72º 50’ E 212.30 m to point 189; a rock; W
Thence, S 03º 43’ E 11.57 m to point 190; Thence, S 57º 18’ 06’’ 878.88 m to point 224;
Thence, S 43º 36’ E 142.76 m to point 191; P.L.S./B.L.; W
Thence, S 76º 00’ E 409.15 m to point 192; P.L.S./B.L.; Thence, N 21º 23’ 0’’ 53.15 m to point 225;
E
Thence, N 06º 18’ E 179.93 m to point 196; P.L.S./B.L.;
Thence, 63º 16’ W 211.33 m to point 202;
Thence, 53º 14’ E 298.28 m to point 204;
Thence, N 62º 03’ 424.43 m to point 205;
Thence, S 71º 26’ 59’’ 888.69 m to point 217;
Thence, N 18º 30’ 579.07 m to point 218;
00.110’’ W Thence, N 07º 27’ W 89.53 m to point 251;
Thence, N 87º 28’ 58’’ 410.05 m to point 219; Thence, S 52º 25’ W 574.10 m to point 252;
E Thence, N 40º 26’ W 160.62 m to point 253;
Thence, N 27º 37’ 59’’ 1,051.62 m to point 220; Thence, N 36º 17’ E 535.68 m to point 254;
E
Thence, S 60º 16’ 01’’ 673.44 m to point 221;
E Thence, N 44º 09’ W 52.90 m to point 256;
Thence, N 05º 04’ W 27.98 m to point 266; Thence, S 48º 23’ W 79.17 m to point 303;
Thence, N 25º 24’ E 16.42 m to point 270; Thence, S 86º 40’ E 358.03 m to point 307;
Thence, N 80º 15’ W 53.15 m to point 271; Thence, N 76º 47’ E 1,062.80 m to point 308;
Thence, S 81º 14’ W 120.87 m to point 272; Thence, S 63º 25’ E 1.492.83 m to point 309;
Thence, Due West, 117.32 m to point 407; Thence, S 56º 49’ E 322.22 m to point 443;
Thence, N 13º 59’ W 2,165.35 m to point 420; Thence, S 66º 39’ E 144.25 m to point 456;
Thence, S 56º 09’ E 89.90 m to point 422; Thence, S 42º 28’ E 396.70 m to point 458;
Thence, N 72º 45’ E 232.40 m to point 426; Thence, S 37º 22’ W 176.34 m to point 462;
Thence, N 18º 53’ W 83.05 m to point 429; Thence, N 89º 07’ E 271.35 m to point 465; P.L.S./B.L. on
a big rock;
Thence, S 84º 00’ E 638.13 m to point 467; a monument;
Thence, N 37º 45’ E 173.24 m to point 432; A monument
P.L.S./B.L.; Thence, N 39º 00’ E 8.74 m to point 468; A monument;
Thence, S 67º 13’ E 141.34 m to point 433; A monument Thence, S 45º 09’ E 149.32 m to point 469;
P.L.S./B.L.;
Thence, N 49º 12’ E 31.73 m to point 471; "x" mark on a
Thence, S 17º 15’ E 258.40 m to point 435; rock;
Thence, S 16º 03’ E 251.10 m to point 440; Thence, S 25º 29’ E 342.09 m to point 476; A monument;
Thence, S 44º 12’ E 368.42 m to point 477; A monument; upstream River;
Thence, S 44º 35’ E 9.69 m to point 478; A monument; Thence, S 11º 00’ E 300.00 m to point 511;
Thence, S 48º 39’ E 370.93 m to point 479; A monument; Thence, S 11º 00’ W 238.00 m to point 512;
Thence, N 72º 23’ E 225 m to point 481; Thence, S 30º 00’ W 350.00 m to point 514;
Thence, N 69º 17’ E 151.20 m to point 482; A monument; Thence, S 26º 08’ W 238.00 m to point 515;
Thence, S 87º 28’ E 9.97 m to point 483; Thence, Southwest 425.00 m to point 516; Of Magalao
upstream Creek
Thence, S 76º 00’ W 275 m to point 519;
Thence, S 00º 16’ W 126.46 m to point 488; A monument;
Thence, S 89º 01’ E 202.15 m to point 494; P.L.S./B.L. on
a big rock; Thence, N 63º 43’ W 115.41 m to point 527;
Thence, S 81º 33’ E 257.16 m to point 495; Thence, N 61º 25’ W 197.81 m to point 528;
Thence, S 30º 35’ E 199.29 m to point 496; A monument; Thence, N 60º 08’ W 68.27 m to point 529;
Thence, S 84º 32’ E 108.44 m to point 498; Thence, S 69º 26’ W 78.88 m to point 531;
Thence, S 09º 32’ E 92.35 m to point 504; A monument Thence, S 86º 59’ W 24.88 m to point 537;
M.C./F.Z. No. 2;
Thence, S 36º 15’ W 13.90 m to point 539; A creek;
Thence, S 87º 33’ W 1,858.22 m to point 506; A
monument M.C./F.Z. No. 3; Thence, S 41º 24’ E 50.35 m to point 540; A creek;
Thence, S 00º 31’ W 6,149.50 m to point 507; A Thence, S 31º 21’ E 45.57 m to point 541; A creek;
monument M.C./F.Z. No. 4; Thence, S 12º 56’ E 33 m to point 542; A creek;
Thence, S 34º 32’ W 48.98 m to point 508; A point along Thence, S 22º 20’ E 61.90 m to point 543; A creek;
Lairanan River;
Thence, S 54º 56’ E 19.52 m to point 544; A creek;
Thence, Due West 620.00 m to point 509; Of Lairanan
upstream River; Thence, S 05º 57’ W 45.79 m to point 545; A creek;
Thence, Due West 1,000.00 m to point 510; Of Lairanan Thence, S 02º 32’ W 30.60 m to point 546; A creek;
Thence, S 18º 09’ E 22.23 m to point 547; A creek; Thence, N 71º 20´ 00.116˝ E
Thence, S 21º 39’ W 34.61 m to point 548; Thence, N 13º 36´ 59.826˝ W
Thence, S 42º 03’ E 35.97 m to point 549; Thence, N 58º 32´ 52.757˝ E
Thence, S 33º 45’ E 57.38 m to point 550; Thence, S 88º 55´ 58.078˝ E
Thence, S 15º 16’ W 20.89 m to point 551; Thence, S 75º 03´ 03.400˝ E
Thence, N 49º 48’ E 57.00 m to point 554; Thence, N 73º 59´ 00.477˝ E
Thence, N 64º 05’ E 54.45 m to point 555; Thence, N 36º 49´ 58.981˝ E
Thence, S 64º 21’ W 1,251.09 m to point 559; M.C./F.Z.; Thence, S 29º 08´ 58.590˝ W
Thence, S 30º 37’ W 2,933.47 m to point 560; M.C./F.Z. Thence, N 60º 16´ 00.976˝ W
No. 8;
Thence, S 27º 37´ 59.013˝ W
Thence, S 36º 59’ E 1,322.30 m to point 561;
Thence, S 87º 28´ 57.536˝ W
Thence, S 61º 35’ W 3,380.85 m to point 1, the point
Thence, S 18º 30´ 00.110˝ E
of beginning at plan NP or P.B.M. No. 4 between Negros Thence, N 71º 26´ 59.347˝ W 888.
Occidental and Negros Orriental recorded in Pontevedra
Cadastre No. 60, B.L. Case No. 2, Negros Orriental, Containing an area of one hundred sixty-nine (169)
containing an approximate total land area of 24,388 hectares, more or less.
hectares.
Any geothermal exploration for or development of energy or mineral
Section 5. Establishment of a Buffer Zone. - An area for the resources within the MKNP shall not be allowed except by an Act of
exploration development and utilization of geothermal energy Congress. Moreover, permits for geothermal activities shall be
resources as well as other exploration activities is hereby established pursuant to relevant forestry and environmental regulations:
as the buffer zone with the following technical description: Provided, That areas within the buffer zone which shall not be used
directly for the development and utilization of geothermal energy
Beginning at a point marked "1" on plan, being S shall remain under the control and jurisdiction of the PAMB.
66º24'43.616"E, 2591.09 meters from PBM no 29, Bago
City;lawphil The proponent of the geothermal project shall contribute to the
Integrated Protected Are Fund (IPAF) to be established by the DENR
Thence, N 00º 10´ 00.061˝ E pursuant to the NIPAS Act and pertinent DENR rules and
regulations. Moreover, the PAMB of the MKNP shall be represented
Thence, S 87º 26´ 00.162˝ E in the multi-partite environmental monitoring committee for the
geothermal operation undertaken within the buffer zone subject to
Thence, N 17º 09´ 59.953˝ W
Presidential Decree No. 1586 or the Environmental Impact Statement
Thence, N 21º 05´ 00.265˝ E System, DENR Administrative Order 96-37, Series of 1996
(Strengthening the Implementation of the Environmental Impact
Thence, N 65º 20´ 59.849˝ W Statement System), and pertinent DENR rules and regulations.
Thence, N 48º 20´ 59.842˝ E
ARTICLE II
Thence, N 33º 07´ 00.409˝ E MANAGEMENT, MANAGEMENT PLAN, AND ZONING
Thence, S 21º 32´ 59.909˝ E
Section 6. Management of the MKNP. - The management and
Thence, N 56º 38´ 59.926˝ E administration of the MKNP shall be vested with the PAMB:
Provided, That the management of zones to be established within the
Thence, N 32º 51´ 59.773˝ W MKNP shall be consultative and participatory.
Thence, N 71º 59´ 59.632˝ E
Section 7. Local Government Units. - Local government units shall PAMB and must be in accordance with the procedure herein set
participate in the management of the MKNP through representation forth.
in the PAMB. To allow the integration of the objectives of the MKNP
with the development plans for the Island of Negros, the local The Management Plan shall be periodically reviewed and shall be
government units shall ensure that local ordinances relating to the updated every five (5) years pursuant to the NIPAS Act.
environment including the allocation of funds for environmental
programs are consistent with this Act and the Management Plan as A year before the expiration of the current Management Plan, the
herein provided. PASu shall cause the publication of notices for comments and
suggestions on the successor plan in a newspaper of local circulation
Section 8. Management Plan. - In order to achieve the objectives of and the posting of such notices in the provincial, municipal and
this Act, there shall be a Management Plan which shall provide a barangay halls of the local government units comprising the MKNP,
long-term basic framework on the management of the MKNP, govern and in three (3) other conspicuous areas frequented by the public
all activities within the MKNP, and serve as guide in the preparation within the MKNP. Two public hearings on the same calendar year
of its annual operations and budget. The Management Plan shall shall be conducted on the successor plan. The proposed
identify the allowed uses for each zone. For specialized uses such as Management Plan shall be made available for public perusal at the
academic and scientific purposes, consultations shall be conducted Office of the PASu.
by a committee of four (4) PAMB representatives and four (4)
representatives from concerned LGUs: Provided, That the PAMB The Management Plan shall be prepared in English, Tagalog,
representatives shall not come from any of the involved LGUs. The Ilonggo, and Cebuano, plainly written, and available for public
Management Plan shall be consistent with the nature of the MKNP persual at the office of the PASu.
as a protected area under the category of a natural park.
Section 9. Zoning. - Zones shall be established within the MKNP
Within one (1) year from the effectivity of this Act, the PASu shall giving primary consideration to its protection and conservation.
prepare the Management Plan in accordance with the General Zoning shall also take into account the tenurial and livelihood
Management Planning Strategy as provided for in the NIPAS Act in concerns of communities to ensure the efficient protection of
coordination with the appropriate officers of the DENR, local habitats, fragile ecosystems, and unique areas.
communities, and experts who may offer their services. It shall
contain, among others, the following:
The establishment and management of zones must involve the
community concerned by undertaking such steps as dialogue
(a) A period of applicability for thirty (30) years subject to consultations, and land and resource-use mapping with thee aid of
periodic review every five (5) years; Geographic Information System (GIS) and the latest technologies.
Zones shall be demarcated on the ground and indicated on maps
(b) Key management issues; with the participation of communities, local government units, and
other stockholders.
(c) Goals and objectives of management in support of
Section 2 hereof; ARTICLE III
INSTITUTIONAL MECHANISMS, ROLES, AND FUNCTIONS OF
(d) Site management strategies; MANAGEMENT
(e) Zoning in accordance with Section 9 hereof; Section 10. Institutional Mechanisms. - (A) The PAMB shall be the
policymaking body of the MKNP. It shall be composed of:
(f) Management programs to include enforcement of laws,
habitat and wildlife management, ecotourism, sustainable (1) The Regional Executive Directors (RED) of
use management, infrastructure development and DENR Regions VI and VII, with the RED of
maintenance, fire prevention and pest control; Region VI as PAMB chair;
(g) Mechanisms for protection of ICCs/IPs and tenured (2) The Governors of Negros Occidental and
migrants in the exercise of their rights; Negros Oriental, or their respective duly
authorized regular representatives;
(h) Sustainable and non-destructive livelihood activities;
(3) The mayors of municipalities and cities with
(i) Regulations in furtherance of the preservation and territory within the MKNP, or their respective duly
conservation objectives of the MKNP as a protected area authorized regular representatives;
such as the issuance of permits, resource-use restrictions,
among others; (4) All barangay captains of barangays with
territory within MKNP, or their respective duly
The Management Plan shall be reviewed and adopted by the PAMB authorized regular representatives;
and certified to by the DENR Secretary that it conforms to all laws,
rules and regulations issued by the DENR. The Management Plan (5) Three (3) representatives from NGOs based
shall not be revised nor modified without prior consultation with the in Negros Occidental which are accredited with
the DENR and the LGU and with tangible a nongovernment PAMB member, a new member shall be
projects at the time of their membership in the chosen in the same manner as the original selection
PAMB; process: Provided, That he/she shall only serve for the
remaining term.
(6) A PO representative chosen from among
themselves for each municipality and city with (D) The PAMB en banc shall hold regular meetings at least
territory within the MKNP: Provided, That the once a year. The PAMB Execom shall hold regular
POs are accredited with the DENR and the LGU meetings at least once every trimester. Special meetings
and with tangible projects at the time of their may be called upon proper notice as the need arises.
membership in the PAMB;
(E) PAMB members shall be entitled to reimbursement of
(7) The Provincial Planning and Development actual travelling expenses incurred in attending the
Officers (PPDO) of Negros Occidental and meetings of the PAMB or its committees subject to existing
Negros Oriental; accounting and budgeting rules and regulations. These
expenses shall be included in the MKNP budget.
(8) An ICC/IP representative for each tribal
community within the MKNP; and Section 11. Functions of the PAMB. - The PAMB shall decide by a
majority vote and shall have the following powers and functions:
(9) A duly authorized representative with
environmental expertise of the Philippine (a) Issue all rules and regulations to prohibit and regulate
National Oil Company Energy Development acts that may be prejudicial to the MKNP pursuant to the
Corporation (PNOC EDC). policy declarations herein set forth;
(B) There shall be an Executive Committee (Execom) (b) Issue all necessary permits within the MKNP in
within the PAMB to whom the PAMB may delegate some of accordance with the Management Plan and pertinent laws
its powers and functions. It shall be composed of: and DENR forestry and environmental rules and
regulations;
(1) The RED or DENR Region VI as chairman;
(c) Recommend to the DENR Secretary the criteria on fees
(2) The Governors of Negros Occidental and for the issuance of permits for activities regulated by this
Negros Oriental, or their respective duly Act or the Management Plan;
authorized, regular representatives;
(d) Evaluate and approve project or program proposals to
(3) Two (2) mayor representatives, to be chosen be implemented within the MKNP;
from among themselves, or their respective duly
authorized, regular representatives; (e) Adopt rules of procedures for the conduct of business,
including the creation of committees to whom its powers
(4) Two (2) barangay captain representatives, may be delegated;
one each from Negros Occidental and Negros
Oriental, to be chosen from among themselves; (f) Approve the Management Plan and oversee the Office
or their respective authorized, regular of the PASu;
representatives;
(g) Deputize though the PASu, interested individuals for the
(5) One (1) from the NGO representatives; enforcement of the laws, rules and regulations governing
conduct within the MKNP and prescribe the necessary
(6) One (1) from the PO representatives; qualifications therefor;
(7) One (1) from the ICC/IP representatives; and (h) Accept donations, approve proposals for funding,
budget allocations and exercise accountability over all
funds that may accrue to the MKNP;
(8) One (1) from the PNOC EDC.
(i) Coordinate with appropriate agencies of the

(C) Except for government officials who shall serve ex
government, such as the regulation of flight patterns of
officio, every PAMB member shall serve for a term of five
aircraft going over the area in terms of altitudinal limits and
(5) years: Provided, That he/she remains connected with
emissions; and
the sector he/she is supposed to represent: Provided,
further, That the term of office of an NGO/PO
representative in the PAMB shall be conterminous with the (j) Retain legal counsel, either on a permanent or
duration or existence of the organization's projects within temporary basis, to defend cases against the PAMB, the
the MKNP. Whenever a vacancy occurs during the term of PASu staff and deputized individuals whenever they are
used in connection with the performance of their duties diminish or derogate any prior or existing right currently enjoyed by
under this Act, and to assist in other PAMB legal matters. ICCs/IPs under existing laws.
The DENR, through the RED of Region VI, shall ensure that the Section 14. Tenured Migrants and Transient Farmers. - Tenured
PAMB acts within the scope of its powers and functions. In case of migrants are those members of households that have actually and
conflict between administrative orders issued by the DENR pursuant continuously occupied by MKNP since June 1, 1987 and are solely
to the NIPAS Act and the rules and regulations or resolutions issued dependent on the MKNP for their livelihood. For purposes of official
by the PAMB, the DENR Secretary shall decide whether to apply the documentation of rights and extent of occupation within the MKNP,
rule or withdraw its application from the MKNP. the tenured migrant household shall be issued a tenurial instrument
over such areas as have been occupied or cultivated but not to
Section 12. The Office of the PASu. - There shall be an Office of the exceed a maximum of three (3) hectares. If despite consideration
Protected Areas Superintendent within the DENR to be headed by paid to current practices, areas occupied by tenured migrants are
the PASu who shall serve as the Chief Operating Officer of the designated as zones in which no occupation or other activities are
MKNP. The PASu shall possess the qualifications required for allowed, provisions for their transfer to multiple-use zones shall be
appointment to the position of Provincial Environment and Natural accomplished using humanitarian considerations.
Resources Officer (PENRO) in the DENR. The PASu shall be directly
accountable to the PAMB and the RED of Region VI. The PASu shall To effectivity provide a social fence to prevent encroachment into the
have the following powers and functions: MKNP, the tenurial instruments to be issued pursuant to this Act
must be community-based, limited solely to multiple-use zones,
(a) Prepare the Management Plan as herein provided; promote clustering, and comply with the zoning and Management
Plans, as provided herein.
(b) Serve as head of the Secretariat for the PAMB with the
duty to provide the PAMB with all the information In no case shall the tenurial instruments or the rights and interests
necessary for it to make appropriate decisions; therein be transferred, sold, leased, encumbered, or made as a
collateral, security or joint venture capital, otherwise it shall be void:
Provided, That said rights can only be transferred to direct
(c) Hire and supervise the necessary personnel to support
descendants.
operations which shall be included in the annual budget of
the DENR;
Any violation of the terms and conditions of the tenurial instruments
or any provision of this Act or abandonment by a tenured migrant
(d) Establish a productive partnership with the local
shall constitute sufficient ground for he revocation of his/her tenurial
community, including groups interested in the achievement
right.
of the goals and objectives of the MKNP, and in the
planning, protection and management thereof;
Upon cancellation of a tenured migrant instrument for cause or by
voluntary surrender of rights, the PASu shall take immediate steps to
(e) Develop and implement a park information, education
rehabilitate the area in order to return it to its natural state prior to the
and visitor programs;
cultivation or other act by the tenured migrant.
(f) Enforce laws, rules and regulations relevant to the
Occupants who do not qualify as tenured migrants but have been
MKNP and assist in the prosecution of offenses;
occupying areas of the park prior to the enactment of this Act shall be
relocated to the multiple-use areas or available alienable and
(g) Monitor all activities within the MKNP for conformity with disposable (A and D) lands of the public domain that are proximal to
the Management Plan; and their original abode. Occupants who shall be relocated within the
multiple-use zones shall quality for usufruct use while those relocated
(h) Perform such other functions as the PAMB may assign. to A and D areas may apply for ownership titles. Park occupants
shall be given priority in the government's relocation programs.
ARTICLE IV
ANCESTRAL LANDS/DOMAINS AND TENURED MIGRANTS ARTICLE V
PROHIBITED ACTS
Section 13. Ancestral Lands and Domains. - The rights of ICCs/IPs in
the MKNP to their ancestral lands and domains shall be recognized Section 15. Prohibited Acts. - The following shall be the prohibitions
subject to existing and prior property rights. Traditional property and penalties applicable within the MKNP:
regimes exercised by ICCs/IPs in accordance with their customary
laws shall govern the relationship of all individuals within their (A) A fine of not less than Five thousand pesos (P5,000.00)
communities with respect to all land and other resources found within but not more than Five hundred thousand pesos
their ancestral lands and domains. (P500,000.00) and imprisonment of not less than six (6)
years and one (1) day but not more than twelve (12) years
The provisions of this Act shall be construed liberally in favor of the shall be imposed upon any person who:
ICCs/IPs in accordance with the preservation and conservation
objectives of the MKNP. Nothing herein shall be construed to impair,
(1) Hunts, collects, destroys, traps, disturbs or (5) Uses or possesses chainsaws and band saws
possesses anywhere within the MKNP any wild without prior PAMB permit; Provided, That
plant or animal or product derived therefrom permits may only be issued for multiple-use
without prior PAMB permit. zones.
(2) Possesses without a permit from PAMB any (6) Grazing or raising of poultry and other
wild plant or animal or product derived therefrom livestock for commercial purpose within the
outside the MKNP or any zone of MKNP where MKNP: Provided, that existing grazing or poultry
the specie is not endemic. and other livestock farms within the MKNP shall
be phased out within five (5) years.
(3) Cuts, gathers, collects or removes timber or
other forest products as well as undertakes any (7) Damaging or leaving roads and trails in
activity not compatible with the use of the damaged condition.
respective zones within the MKNP without prior
PAMB permit: Provided, That any permit issued (8) Occupies any portion of land inside the MKNP
shall be valid for only (1) month from the date of without a prior PAMB permit. Clearing,
issue either to tenured migrants within construction of residence or any introduction of
sustainable monitored and controlled quotas or improvements shall constitute prima facie
for scientific purposes necessary for protected evidence of occupation or settlement.
area management in accordance with existing
guidelines, and outside the strict protection (9) Altering, removing, destroying or defacing
zones. boundaries, marks or signs.
(4) Establishes or introduces exotic species (10) Constructs and maintains a building, edifice
within the MKNP with allelopathic effect or those or any kind of structure or conducts any business
detrimental to endemic species, or without prior enterprise within the MKNP without prior PAMB
PAMB permit. permit.
(5) Engages in kaingin or in any activity that (11) Enters he MKNP without prior PAMB permit
causes forest fire inside the MKNP. for purposes of trekking, mountain climbing,
camping, spelunking, and the like.
(B) A fine of not less than Five thousand pesos (P5,000.00)
but not more than Two hundred fifty thousand pesos (12) Conducts bioprospecting within the MKNP
(P250,000.00) and/or imprisonment of not less than six (6) without prior PAMB permit in violation of existing
months but no more than six (6) years and the restoration guidelines.
and rehabilitation of the damage shall be imposed upon
any person who:
(13) Engages in treasure hunting within the
MKNP.
(1) Violates the Management Plan, or any
resolution issued by the PAMB.
(C) A fine of not less than One hundred thousand pesos
(P100,000.00) but not more than Five hundred thousand
(2) Vandalizes, mutilates, transports, destroys, pesos (P500,000.00) and/or imprisonment of not less than
excavates, or in any manner intentionally six (6) months but not more than six (6) years shall be
damages any natural formation or object of imposed upon any public officer, or officer of law, who, in
natural beauty inside the MKNP, or the burial or dereliction of the duties of his office shall maliciously refrain
religious sites including artifacts and other from instituting prosecution for the punishment of violators
objects belonging to ICCs/IPs. of the law, or shall tolerate the commission of offenses.
Conviction of this offense shall also carry the penalty of
(3) Dumps, burns or otherwise disposes of any perpetual disqualification from public office.
substance deleterious to the ecosystem, plants
and animals, or human inhabitants in the (D) Any provision to the contrary notwithstanding, the
protected area or committing the same in buffer commission of any unlawful act enumerated under Section
and multiple use areas without appropriate 15(A) herein shall carry the penalty of imprisonment of not
authority or permit. less than twelve (12) years and one (1) day but not more
than twenty (20) years and a fine or not less than Five
(4) Uses or possesses a motorized equipment hundred thousand pesos (P500,000.00) to One million
anywhere within the Strict Protection Zone of the pesos (P1,000,000.00) in addition to the accessory
MKNP without a prior permit from the PAMB. penalties provided in the immediately succeeding
paragraph, in case the species involved is a protected
species as defined herein. Furthermore any citizen may
institute the necessary charge against the offender for endorsed by the PAMB in accordance with existing accounting and
commission of the acts enumerated under Section 15(A) budgeting rules and regulations; Provided, further, That no amount
involving protected species. shall be disbursed for the operating expenses of the Department and
other concerned agencies.
(E) A conviction under this Section shall likewise carry the
penalty of eviction from the MKNP, payment of damages Current sources of revenue of the local government units shall
for rehabilitation and restoration, and the forfeiture of all excluded from the IPAF.
equipment, device weapon/s used in the commission of the
offense as well as the protected area resources caught in The PAMB shall have the power to disburse the IPAF. Twenty-five
the possession of the accused. In case the offender is not per cent (25%) of the IPAF shall be for the use of the national
a citizen of the Philippines, he/she shall be immediately government for the support of the National Integrated Protected
deported to his/her country of origin after service of his/her Areas System: Provided, That twenty-five per cent (25%) thereof
sentence. If the offender is an association or corporation, shall be allocated to the local government units comprising the
the president or manager shall be directly responsible for MKNP.
the act of his/her employees and laborers.
ARTICLE VII
(F) The PASu or his/her duly deputized personnel may EXISTING FACILITIES
arrest even without a warrant any person who has
committed or is committing in his/her presence any of the Section 18. Existing Facilities within the MKNP. - Within ninety (90)
offenses defined in this Section. He/she may also seize days from the effectivity of this Act, all commercial facilities existing
and confiscate in favor of the Government, the tools and within the boundaries of the MKNP with a total capitalization of not
equipment used in committing the offense and the less than One hundred thousand pesos (P100,000.00) shall submit
resources caught in the possession of the offender and file to the PAMB through the PASu a sworn statement containing the
the necessary charges therefor: Provided, That the DENR following information:
may impose administrative fines and penalties in
accordance with law.
(a) Potential for disbursement of protected species and
other habitats, reproductive cycles, nesting and feeding
(G) In case of conviction, the penalty consisting of fines grounds and migratory paths;
and damages shall directly accrue to the IPAF as provided
therein.
(b) Noise levels at all stages of operation;
Section 16. Special Prosecutors. - Within thirty (30) days from the
effectivity of this Act, the Department of Justice shall designate a (c) Emissions and effluent at all stages of operation;
special prosecutor to whom all cases of violation of laws, rules and
regulations in the MKNP shall be assigned. Such special prosecutor (d) Energy requirements and sources of energy;
shall coordinate with the PAMB and the PASu in the performance of
his/her duties and assist in the training of wardens and rangers in (e) Water supply requirements and sources of water;
arrest and criminal procedure.
(f) Volume of resources extracted from the MKNP;
ARTICLE VI
PROCEEDS AND FEES (g) Future plans for the next five (5) years.
Section 17. Integrated Protected Areas Fund. - There is hereby Based on these submissions, the PAMB, with the assistance of the
established a trust fund to be known as the Integrated Protected DENR, shall determine whether the existence of such facility and its
Areas Fund (IPAF) for purposes of financing projects of the system. future plan and operation will be detrimental to the MKNP.
All incomes generated from the operation of the system or
management of wild flora and fauna in the MKNP shall accrue to the
Failure to submit the required information shall constitute a violation
Fund. These income shall be derived from proceeds from fees from
of this Act and subject to the penalties imposed under Section 15(B)
permitted sale and export of flora and fauna and other resources
hereof. The PAMB may prescribe further conditions for the operation
from the protected area and its buffer zones other than protected
of the facility to ensure that it does not contradict the management
species as may be set by the DENR and the PAMB, proceeds from
objectives of the MKNP. Without prejudice to the filing of the
lease of multiple-use areas, contributions from industries and
necessary case under Section 15(B) hereof, if any of such conditions
facilities directly benefiting from the protected area and such other
is violated, an administrative fine of Five thousand pesos (P5,000.00)
fees and incomes derived from the operation of the protected area.
for every day of violation shall be imposed upon the owners of said
facility but not to exceed a total of Five hundred thousand pesos
The Fund may be augmented by grants, donations, endowments (P500,000.00). At anytime whenever necessary, the PAMB, through
from various sources, domestic or foreign for purposes related to the PASu or other government entities, shall cause the cessation and
their functions: Provided, That the Fund shall be deposited as a demolition of the facility at the cost of its owners.
special account in the national treasury and disbursements therefrom
shall be made solely for the protection, maintenance administration,
and management of the system, and duly approved projects
Existing facilities that rely heavily on resources within the MKNP representatives or their representatives shall undertake the
which are allowed to remain within the MKNP may be charged preparation of the Implementing Rules and Regulations of this Act.
reasonable fees or subject to reasonable conditions by the PAMB. All
incomes derived from such fees shall accrue to the IPAF. Section 24. Repealing Clause. - All laws, proclamations, rules and
regulations inconsistent with this Act are hereby repealed or modified
ARTICLE VIII accordingly.
UTILIZATION OF RESOURCES
Section 25. Effectivity Clause. - This Act shall be translated in
Section 19. Utilization of Resources. - Except for protected species English, Filipino, Cebuano, and Ilonggo and shall be published once
or whenever detrimental to the ecosystem, use of resources derived every week for three (3) executive weeks in a newspaper of general
from the MKNP by tenured migrants and ICCs/IPs for their domestic circulation which is readily available in the areas in and around the
needs or for their subsistence shall not be restricted. MKNP. This Act shall likewise be simultaneously posted in the
appropriate language in a conspicuous place in the provincial,
Livelihood activities requiring the use of resources derived from the municipal and barangay halls within the area as well as in three (3)
MKNP shall be allowed only when sustainable consistent with the other places frequented by the public. Fifteen (15) days after the last
Management Plan and only upon prior PAMB approval. Only non- publication and posting, this Act shall have full force and effect.
timber products can be used for livelihood purposes.
No exploration, exploitation or utilization of non-renewable resources

within the MKNP for commercial purposes or by non-tenured Approved,
migrants or non-ICCs/IPs shall be allowed. Commercial utilization of
resources by tenured migrants and ICCs/IPs shall be allowed only
upon prior PAMB approval and in accordance with the Management (Sgd)
Plan. (Sgd)
FELICIANO BELMONTE JR.
AQUILINO Q. PIMENTEL JR.
Speaker of the House of
Commercial exploitation of water resources within the MKNP shall President of the Senate
Representatives
require prior PAMB approval, must be in accordance with the
Management Plan and should undergo the Environmental Impact
Statement (EIS) System. This Act which is a consolidation of House Bill No. 12880 and
Senate Bill No. 2248 was finally passed by the House of
ARTICLE X Representatives and the Senate on June 6, 2001.
TRANSITORY AND MISCELLANEOUS PROVISIONS
(Sgd)
(Sgd)
Section 20. Appropriations. - The Secretary of the DENR shall ROBERTO P. NAZARENO
LUTGARDO B. BARBO
include in its program the implementation to this Act, the funding of Secretary General House of
Secretary of the Senate
which shall be charged against the Integrated Protected Areas Fund Representatives
authorized under Section 17 hereof and from the appropriations
authorized under the annual General Appropriations Act. Approved:
Section 21. Construction. - The provisions of this Act shall be (Sgd)

construed liberally in favor of tenured migrants and ICCs/IPs and with GLORIA MACAPAGAL-
due consideration to the protection of biodiversity. The NIPAS Act ARROYO
shall be suppletory in the implementation of this Act. President of the Philippines
Section 22. Separability Clause. - If any part or section of this Act is

declared unconstitutional, such declaration shall not affect the other Begun and held in Metro Manila, on Monday, the twenty-fourth day of
parts or sections hereof. July, two thousand.
Section 23. Transitory Provisions. - Pending the organization of a REPUBLIC ACT NO. 9106 April 14, 2001
new PAMB in accordance with this Act, the incumbent PAMB
members shall continue to hold office until the new PAMB has been AN ACT FOR THE ESTABLISHMENT AND MANAGEMENT OF
convened within three (3) months from the effectivity of this Act. The SAGAY MARINE RESERVE, DEFINING ITS SCOPE COVERAGE,
current staff comprising the PASu Office shall be retained in the AND FOR OTHER PURPOSES
Office of the PASu created herein.
Be it enacted by the Senate and House of Representatives of the
Within three (3) months from the effectivity of this Act, the DENR in Philippines in Congress assembled:
coordination with the PAMB, the Committee on Natural Resources of
the House of Representatives, the Senate Committee on
Section 1. Title. - This Act shall be known and cited as the "Sagay
Environment and Natural Resources, and the concerned district
Marine Reserve Law."
Section 2. Establishment. - There is hereby established as part of the Section 4. Definition of Terms.- For purposes of this Act, the following
National Integrated Protected Areas System (NIPAS) under Republic terms are defined as follows:
Act No. 7586 protected landscapes and seascapes in the City of
Sagay, Province of Negros Occidental to be known as the Sagay (a)"Buffer zones" are identified areas outside the
Marine Reserve, hereinafter referred to as Reserve. boundaries of and immediately adjacent to the Reserve
that need special development and control in order to avoid
Section 3. Scope. - The Reserve shall be located at 11Â°0'59"N and or minimize harm to the Reserve.
123Â°29'E comprising the islands of Molocaboc, Molocaboc Diut,
Matabas and Suyac, and their surrounding reefs as well as the reefs (b)"Ecotourism" is a kind of tourism wherein no damage to
of Carbin, Macahulom and Panal, and the coastal waters of the ecology is sustained by the influx of visitors to the
barangays Himoga-an Baybay, Old Sagay, Taba-ao, Bulanon, Reserve.
Molocaboc and Vito, all in the City of Sagay, Province of Negros
Occidental. More particularly, the Reserve shall have the following (c)"Fish production" refers to the capacity of the species
technical description: found within the Reserve to multiply to achieve a certain
density offish population.
NORTHING EASTING (d)"Management plan" is the plan described in Section 8(1)

thereof.
10Â°57'28" 123Â°21'42" (e)"Management manual" is the manual relating to the

management of the Reserve described in Section 8(2)
thereof.
11Â°7'35" 123Â°26'37"
(f)"Maximum sustainable yield" is the greatest amount of

11Â°6'55" 123Â°28'13" fish and fish products taken or harvested from within the
Reserve without affecting sustainability.
10Â°56'39" 123Â°36'50"
(g)"Multiple-use zones" shall refer to areas where
10Â°54'23" 123Â°30'45" settlement, traditional or sustainable activities and other
income-generating or livelihood activities may be allowed
10Â°56'16" 123Â°30'37" to the extent prescribed in the management plan.
(h)"Secretary" shall refer to the Secretary of the

10Â°56'26" 123Â°30'4"
Department of Environment and Natural Resources.
10Â°56'7" 123Â°28'59" (i)"Small fisherfolk inhabitant" shall refer to any person who
has actually and continuously lived within the Reserve for a
10Â°55'19" 123Â°28'11" period of five (5) years before the passage of this Act and
is solely dependent on fishing for sustenance and
10Â°56'11" 123Â°26'52" livelihood
Section 5. The Protected Area Management Board for Sagay Marine

10Â°57'28" 123Â°24'19"
Reserve. - There is hereby created a Protected Area Management
Board for Sagay Marine Reserve (PAMB-SMR) which shall be the
10Â°56'37" 123Â°23'35" sole policy-making and permit-granting body of the Reserve and its
buffer zones.
10Â°57'30" 123Â°23'16"
In addition to the powers enumerated in Republic Act No. 7586, the
10Â°57'41" 123Â°22'14"containing PAMB-SMR shall decide by a majority vote and shall have the
following powers and functions:
an area of 32,000 hectares, more or less.
(a)Formulate the management plan and management
manual of the Reserve;
Within six (6) months from the effectivity of this Act, the Department
of Environment and Natural Resources (DENR) shall mark the
boundaries of the Reserve on the ground and at sea with visible and (b)Decide matters relating to planning, peripheral
permanent markers and shall thereafter see to it that the same are protection and general administration of the Reserve in
maintained. accordance with the management plan;
(c)Plan the proper utilization of the annual budget functions. In case of conflict between administrative orders issued by
allocations and the proper disposition of fees and other the DENR pursuant to Republic Act No. 7586 and the resolutions
funds generated or held by the Reserve; issued by the PAMB-SMR, the secretary shall decide whether to
apply the rule or withdraw its application from the Reserve.
(d)Control and supervise the office of the Sagay Marine
Reserve Superintendent (SMRSu); Section 6. Composition. - The PAMB-SMR shall be composed of the
following:
(e)Delineate and demarcate management zones such as
strict protection zones, multiple-use and buffer zones; (a)The regional executive director of the DENR Region VI,
as ex officio chairperson;
(f)Promulgate rules and regulations to promote
development programs and projects on biodiversity (b)The mayor of the City of Sagay, as ex officio co-
conservation and sustainable development consistent with chairperson;
the management manual;
(c)The chairman of the Committee on Natural Resources of
(g)Control and regulate the construction, operation and the Sangguniang Panlungsod of Sagay, as ex officio
maintenance of buildings, roads, trails, waterworks, member;
sewerage, fire protection and sanitation systems, and other
public utilities within the Reserve; (d)The chief of police of Sagay City, as ex officio member;
(h)Fix prescribed fees to be collected from the government (e)The punong barangays of Himoga-an Baybay, Old
agencies or any person, firm or corporation deriving Sagay, Taba-ao, Bulanon, Vito and Molocaboc, all of
benefits from the Reserve and exact administrative fees or Sagay City, Negros Occidental, as ex officio members;
fines for violation of the provisions of this Act;
(f)The city planning and development officer of Sagay City,
(i)Grant entry permits to ecotourists, campers, research as ex officio member;
groups or individuals and visitors;
(g)Five (5) representatives from nongovernment
(j)Grant permits for sustainable utilization of marine organizations, as members, who shall be endorsed by
resources in accordance with existing rules and regulations heads of organizations which are based in the City of
governing the same; Sagay, Negros Occidental, and have established and
recognized interest in protected areas. These
(k)Enter into contracts and agreements with private entities representatives shall include: two (2) representatives from
or public agencies as may be necessary to carry out the fisherfolk organizations, one (1) representative from duly
purposes of this Act; registered commercial fishing associations, one (1)
representative from the youth sector and one (1)
(l)Accept funds, gifts or donations for the Reserve; representative from the civic-oriented organizations;
(m)Call on any agency or instrumentality of the government (h)A representative of Sagay Ecumenical Council, as
as well as academic institutions, nongovernment member;
organizations and other sectors as may be necessary to
accomplish the objectives of this Act; (i)A representative of the Department of Agriculture (DA)
appointed by the Secretary of Agriculture, as member; and
(n)Conduct studies on various characteristics, features and
conditions of the Reserve; (j)The Reserve Superintendent (hereinafter provided), as
member.
(o)Adopt and enforce plans or schemes for the control of
activities that may threaten the ecological balance of the The members shall choose from among themselves the vice
Reserve in consultation with the local government units in chairperson of the PAMB-SMR.
the area and other government agencies and
instrumentality; The non ex officio members of the PAMB-SMR shall serve for a term
of five (5) years. The two (2) co-chairpersons, the vice chairperson
(p)Retain legal counsel to defend cases against the PAMB- and the members shall not receive compensation but shall be entitled
SMR and the office of the Marine Reserve Superintendent to reasonable per diem incurred in the performance of their duties in
whenever they are sued in connection with the accordance with existing budgeting and auditing rules and
performance of their duties under this Act. regulations.
The DENR, through the Regional Executive Director, shall ensure Section 7. Removal from Office. - A PAMB member may be removed
that the PAMB-SMR acts within the scope of its powers and for cause and upon majority vote on the following grounds:
(a)More than three (3) consecutive unexcused absences in (b)field inventory of the resources within the
regular PAMB en banc meetings; Reserve;
(b)Commission of any of the prohibited acts as provided in (c)assessment of the assets and limitations;
this Act, the Republic Act No. 7586 or other rules and
regulations governing protected areas and protected (d)regional interrelationships;
species;
(e)particular objectives for managing the
(c)Graft and corruption; and Reserve;
(d)Conviction of any criminal offense. (f)divisions of the Reserve into management

zones;
The non-ex officio members of the PAMB-SMR shall serve for a term
of five (5) years. The two (2) co-chairpersons, the vice chairperson, (g)review of the boundaries of the Reserve; and
and the members shall not receive compensation but shall be entitled
to reasonable per diem incurred in the performance of their duties in (h)design and management programs.
accordance with existing budgeting and auditing rules and
regulations:
Section 9. Sagay Marine Reserve Office. - There is hereby created
the Sagay Marine Reserve Office headed by the Sagay Marine
Section 8. Management Plan and Manual.- Within one (1) year from Reserve Superintendent, hereinafter referred to as the Reserve
the effectivity of this Act, a management manual which contains the Superintendent, who shall be the chief operations officer of the
Marine Reserve Management Plan and supporting data shall be Reserve.
prepared in accordance with the General Management Planning
Strategy as provided in Republic Act No. 7586. The management
plan shall serve as the basic long-term framework plan in the Section 10. Powers and Functions of the Reserve Superintendent. -
management of the marine reserve and guide in the preparation of The Reserve Superintendent shall have full responsibility for the
the annual operations plan and budget. The management manual protection of the resources within the Reserve. As such, he/she shall
shall be drafted with the assistance of experts in such fields as have the following duties and responsibilities in addition to those
socioeconomic planning, ecology and marine reserve management, provided under existing rules and regulations:
reviewed and endorsed by the PAMB-SMR, and approved by the
Secretary. (a)Serve as secretariat to the PAMB-SMR with the duty to
provide the PAMB-SMR with all the information necessary
(1)The management plan shall promote the adoption and to make appropriate decisions for the implementation of
implementation of innovative management techniques, this Act;
including:
(b)Hire and supervise the necessary personnel to support
(a)buffer zone management; operations as the budget may allow;
(b)habitat conservation and rehabilitation; (c)Establish a productive partnership with local

communities, including groups supporting the achievement
of the goals and objectives of this Act;
(c)diversity management;
(d)Develop and implement marine reserve information,
(d)community organizing; education and visitor programs;
(e)socioeconomic and scientific researches; Enforce the laws, rules and regulations and PAMB-SMR
resolutions relevant to the Reserve and its buffer zones,
(f)site-specific policy development; and assist in the prosecution of offenses;
(g)pest management; and (e)Monitor all activities within the Reserve and its buffer
zones in conformity with the management plan; and
(h)others which the PAMB-SMR may deem
appropriate. (f)Perform such other function as the PAMB-SMR may
assign.
(2)The management manual shall include:
Section 11. Small Fisherfolk Inhabitants. - Small fisherfolk inhabitants
(a)basic background information; shall be allowed to fish within the Reserve subject to the rules and
regulations promulgated by the PAMB-SMR.
Section 12. Other Activities within the Reserve. - Proposals for (d)Energy and Mineral Use. - Survey for energy and
activities which are outside the scope of the management plan shall mineral resources within the Reserve shall be allowed for
be subject to an Environmental Impact Assessment (EIA) as required the purpose of gathering information on energy and mineral
by existing laws, rules and regulations. Results thereof shall be taken resources: Provided,That such activity is carried out
into consideration in the decision-making process of the PAMB-SMR. without damage to the area and conducted in accordance
No actual implementation of such activities shall be allowed without with a program approved by the PAMB-SMR. The result of
the required Environmental Compliance Certificate (ECC) under the such surveys shall be made available to the public. The
Philippine Environmental Impact Assessment System and PAMB- PAMB-SMR shall submit such energy and mineral survey
SMR approval. For purposes of this Act, the following are provided: findings to the President for recommendation to Congress.
Any exploitation and utilization of energy and mineral
(a)Existing Infrastructure.- Existing infrastructure resources within the Reserve shall be allowed only
established within the Reserve by government and following approval of the PAMB-SMR, compliance with the
nongovernment institutions shall be subject to inventory EIA System and other applicable laws, rules and
and evaluation as to whether it conforms to the regulations and through a law passed by Congress.
management plan and assessed in terms of their
significance to the public interest and impact to the (e)Special Activities.- All other activities such as ecotourism
Reserve. In case they are found significant to public and related activities, scientific research, marine life rescue
interest, but with no adverse impact to the Reserve, a by other agencies, government programs affecting the
contract or agreement may be entered into by PAMB-SMR Reserve, and military activities shall be properly
including negotiations of payment fees based on profit- coordinated with and approved by the PAMB-SMR.
sharing agreement in accordance with law: Provided, That
infrastructure which do not conform to the management Section 13. Reserve Trust Fund.- A trust fund shall be created for the
plan shall not be allowed to be repaired, renovated or Reserve for purposes of financing projects and activities provided in
improved until they are naturally destroyed and vacated. the Management Plan. For this purpose, the PAMB-SMR may Solicit
Repairs, renovation and improvement of the existing and receive donations, endowments and grants in the form of
infrastructure allowed by the PAMB-SMR within the contributions: Provided, That donations generated by the PAMB-
Reserve shall be in conformity with the management plan SMR shall accrue to the Reserve for its use. A minimum of five
and duly approved by the PAMB-SMR. percent (5%) of the total amount shall be remitted to the Integrated
Protected Areas Fund of the DENR.
(b)Special-Use Infrastructure. - Special-use infrastructure
such as power lines, telecommunications equipment and Disbursement from the Reserve trust fund shall be made solely for
military installations may be allowed in the Reserve if they the protection, maintenance, administration and management of the
conform to the management plan: Provided, That Reserve, and duly approved projects by the PAMB-SMR in
construction of these special use infrastructures shall be accordance with the guidelines developed by the PAMB-SMR for the
subject to EIA and the issuance of ECC by the DENR and purpose.
approval of the PAMB-SMR: Provided, further, That power
lines and telecommunications equipment must not traverse All incomes generated within the Reserve shall accrue to the trust
through strict-protection zones and preferably be fund and may be utilized directly by the PAMB-SMR for the above
constructed within the multiple-use zones only. Military purpose. These incomes shall be derived from taxes from the
installations shall not be constructed of permanent permitted sale and export of flora and fauna and other resources of
materials and must be covered by a memorandum of the Reserve; proceeds from the lease of multiple-use or buffer zone
agreement with the PAMB-SMR providing for regulation of areas; contribution from industries and facilities directly benefitting
facilities. from the Reserve; and such other fees and incomes derived from the
operation of the Reserve.
(c)Livelihood and Other Economic Activities.- Except as
otherwise provided herein, only small fisherfolk inhabitants Section 14. Prohibited Acts.- The following acts are prohibited within
shall be allowed within the multiple-use or buffer zones of the Reserve:
the Reserve to engage in livelihood and economic
activities, in conformity with the management plan and
subject to the terms and conditions imposed by the PAMB- (a)Hunting, destroying, disturbing or mere possession of
SMR. any marine resources or products derived therefrom
without a permit from the PAMB-SMR;
The PAMB-SMR, upon recommendation of the Reserve
Superintendent, when findings show that fish production (b)Dumping or otherwise disposing of any waste products
exceeds the maximum sustainable yield, may open certain detrimental to the Reserve or to plants, animals or
portions of the multiple-use zones and buffer zones to inhabitants therein;
economic activities which shall be in accordance with the
management plan and in all cases use ecologically (c)Use of any motorized equipment without a permit;
sustainable methods.
(d)Mutilating, defacing or destroying objects of natural
beauty or ecological importance found within the Reserve;
(e)Mineral or energy exploration or any entry into the (Sgd.) AQUILINO Q. (Sgd.) FELICIANO
Reserve which has a tendency to damage its ecological PIMENTEL JR. BELMONTE JR.
balance; President of the Senate Speaker of the House of
Representatives
(f)Constructing or maintaining any kind of structure, fence
or enclosures and conducting any business enterprise This Act which is a consolidation of House Bill No. 8914 and Senate
without a permit; Bill No. 2252 was finally passed by the House of Representatives
and Senate on February 8, 2001.
(g)Altering, removing, destroying or defacing boundary
marks or buoys; and
(h)Performing any other act analogous to the foregoing:

(Sgd.) LUTGARDO B. (Sgd.) ROBERTO
BARBO NAZARENO
Provided,That the establishment of submarine electric power Secretary of Senate Secretary General
transmission cables, submarine water pipelines, submarine House of Representatives
telecommunication wires, and ports and wharves shall not be
prohibited notwithstanding the provisions of this Act.
Approved: APR 14 2001

Section 15. Penalties.- Any person found guilty of any of the offenses
enumerated above shall be punished with fine in an amount not less
than Five thousand pesos (P5,000) but not more than Five hundred (Sgd.) GLORIA MACAPAGAL-ARROYO
thousand pesos (P500,000), exclusive of the value of the things President of the Philippines
damaged, or imprisonment of not less than one (1) year and not
more than six (6) years, or both, as determined by the court. July 30, 2001
Prohibited acts mentioned in paragraph (a) of Section 14 of this Act
shall be punished with penalties imposed under Articles 309 and 310 REPUBLIC ACT NO. 9147
of the Revised Penal Code. If the Reserve requires rehabilitation and
restoration as determined by the court, the offender shall be required
to restore or compensate for the restoration of the damage. The court
shall order the forfeiture of all mineral, flora or fauna collected or AN ACT PROVIDING FOR THE CONSERVATION AND
removed, including all equipment, devices and firearms used in PROTECTION OF WILDLIFE RESOURCES AND THEIR
connection therewith, and any construction or improvements made HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR
thereon by the offender. If the offender is an association or OTHER PURPOSES
corporation, the president or manager shall be responsible for the act
of his/her employees and laborers.
Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:
Section 16. Appropriations.- The amount necessary to carry out the
provisions of this Act shall be included in the General Appropriations
Act of the year following its enactment into law and thereafter. CHAPTER I
GENERAL PROVISIONS
Section 17. Transitory Provision.- Pending the organization of a new
PAMB in accordance with this Act, the incumbent PAMB members
shall continue to hold office until a new PAMB has been convened. Section 1. Title. This act shall be known as the “Wildlife Resources
Conservation and Protection Act.”
Section 18. Separability Clause.- If any part of this Act shall be
declared unconstitutional, such declaration shall not affect the other Section 2. Declaration of Policy. It shall be the policy of the State to
parts or sections hereof. conserve the country's wildlife resources and their habitats for
sustainability. In the pursuit of this policy, this Act shall have the
following objectives:
Section 19. Repealing Clause.- All laws, presidential decrees,
executive orders, and rules and regulations inconsistent with the
provisions of this Act shall be deemed repealed or modified a. to conserve and protect wildlife species and their habitats
accordingly. to promote ecological balance and enhance biological diversity;
b. to regulate the collection and trade of wildlife;
c. to pursue, with due regard to the national interest, the
Section 20. Effectivity.- This Act shall take effect fifteen (15) days Philippine commitment to international conventions,
after its complete publication in two (2) newspapers of general protection of wildlife and their habitats; and
circulation. d. to initiate or support scientific studies on the conservation
of biological diversity.
Approved,
Section 3. Scope of Application. The provisions of this Act shall be k. “Export permit” refers to a permit authorizing an individual
enforceable for all wildlife species found in all areas of the country, to bring out wildlife from the Philippines to any other
including protected areas under Republic Act No. 7586, otherwise country;
known as the National Integrated Protected Areas System (NIPAS) l. “Gratuitous permit” means permit issued to any individual
Act, and critical habitats. This Act shall also apply to exotic species or entity engaged in noncommercial scientific, or
which are subject to trade, are cultured, maintained and/or bred in educational undertaking to collect wildlife;
captivity or propagated in the country. m. “Habitat” means place or environment where species or
subspecies naturally occur or has naturally established its
Section 4. Jurisdiction of the Department of Environment and Natural population;
Resources and the Department of Agriculture. The Department of n. “Import permit” refers to a permit authorizing an individual
Environment and Natural Resources (DENR) shall have jurisdiction to bring in wildlife from another country;
over all terrestrial plant and animal species, all turtles and tortoises o. “Indigenous wildlife” means species or subspecies of
and wetland species, including but not limited to crocodiles, wildlife naturally occurring or has naturally established
waterbirds and all amphibians and dugong. The Department of population in the country;
Agriculture (DA) shall have jurisdiction over all declared aquatic p. “Introduction” means bringing species into the wild that is
critical habitats, all aquatic resources including but not limited to all outside its natural habitat;
fishes, aquatic plants, invertebrates and all marine mammals, except q. “ Reexport permit” refers to a permit authorizing an
dugong. The secretaries of the DENR and the DA shall review, and individual to bring out of the country a previous imported
by joint administrative order, revise and regularly update the list of wildlife;
species under their respective jurisdiction. In the Province of r. “Secretary” means either or both the Secretary of the
Palawan, jurisdiction herein conferred is vested to the Palawan Department of Environment and Natural Resources and
Council for Sustainable Development pursuant to Republic Act No. the Secretary of the Department of Agriculture;
7611. s. “Threatened species” a general term to denote species or
subspecies considered as critically endangered,
endangered, vulnerable or other accepted categories of
CHAPTER II
wildlife whose population is at risk of extinction;
t. “Trade” means the act of engaging in the exchange,
DEFINITION OF TERMS
exportation or importation, purchase or sale of wildlife, their
derivatives or by-products, locally or internationally;
Section 5. Definition of Terms. As used in the Act, the term: u. “Traditional use” means utilization of wildlife by indigenous
people in accordance with written or unwritten rules, usage,
a. “Bioprospecting” means the research, collection and customs and practices traditionally observed, accepted and
utilization of biological and genetic resources for purposes of recognized by them;
applying the knowledge derived there from solely for commercial v. “Transport permit” means a permit issued authorizing an
purposes; individual to bring wildlife from one place to another within
b. “By-product or derivatives” means any part taken or the territorial jurisdiction of the Philippines;
substance extracted from wildlife, in raw or in processed w. “Vulnerable species” refers to species or subspecies that is
form. This includes stuffed animals and herbarium not critically endangered nor endangered but is under
specimens; threat from adverse factors throughout their range and is
c. “Captive-breeding/culture or propagation” means the likely to move to the endangered category in the near
process of producing individuals under controlled future;
conditions or with human interventions; x. “Wildlife” means wild forms and varieties of flora and fauna,
d. “Collection or collecting” means the act of gathering or in all developmental stages, including those which are in
harvesting wildlife, its by-products or derivatives; captivity or are being bred or propagated;
e. “Conservation” means preservation and sustainable y. “Wildlife collector's permit” means a permit to take or
utilization of wildlife, and/or maintenance, restoration and collect from the wild certain species and quantities of
enhancement of the habitat; wildlife for commercial purposes; and
f. “Critically endangered species” refers to a species or z. “Wildlife farm/culture permit” means a permit to develop,
subspecies that is facing extremely high risk of extinction in operate and maintain a wildlife breeding farm for
the wild in the immediate future; conservation, trade and/or scientific purposes.
g. “ Economically important species”quot; means species or
subspecies which have actual or potential value in trade or CHAPTER III
utilization for commercial purpose;
h. “Endangered species” refers to species or subspecies that CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES
is not critically endangered but whose survival in the wild is
unlikely if the causal factors continue operating;
ARTICLE ONE
i. “Endemic species” Means species or subspecies which is
naturally occurring and found only within specific areas in
General Provision
the country;
j. “Exotic species” means species or subspecies which do
not naturally occur in the country; Section 6. Wildlife Information. All activities, as subsequently
manifested under this Chapter, shall be authorized by the Secretary
upon proper evaluation of best available information or scientific data socioeconomic and related aspects of the area where the species will
showing that the activity is, or for a purpose, not detrimental to the be introduced. The proponent shall also be required to secure the
survival of the species or subspecies involved and/or their habitat. prior informed consent from the local stakeholders.
For this purpose, the Secretary shall regularly update wildlife
information through research. Section 14. Bioprospecting. - Bioprospecting shall be allowed upon
execution of an undertaking by any proponent, stipulating therein its
Section 7. Collection of Wildlife. Collection of wildlife may be allowed compliance with and commitment(s) to reasonable terms and
in accordance with Section 6 of this Act: Provided, That in the conditions that may be imposed by the Secretary which are
collection of wildlife, appropriate and acceptable wildlife collection necessary to protect biological diversity.
techniques with least or no detrimental effects to the existing wildlife
populations and their habitats shall, likewise, be required: Provided, The Secretary or the authorized representative, in consultation with
further, That collection of wildlife by indigenous people may be the concerned agencies, before granting the necessary permit, shall
allowed for traditional use and not primarily for trade: Provided, require that prior informed consent be obtained by the applicant from
furthermore, That collection and utilization for said purpose shall not the concerned indigenous cultural communities, local communities,
cover threatened species: Provided, finally, That Section 23 of this management board under Republic Act No. 7586 or private individual
Act shall govern the collection of threatened species. or entity. The applicant shall disclose fully the intent and scope of the
bioprospecting activity in a language and process understandable to
Section 8. Possession of Wildlife. No person or entity shall be the community. The prior informed consent from the indigenous
allowed possession of wildlife unless such person or entity can prove peoples shall be obtained in accordance with existing laws. The
financial and technical capability and facility to maintain said wildlife: action on the bioprospecting proposal by concerned bodies shall be
Provided, made within a reasonable period.
That the source was not obtained in violation of this Act. Upon submission of the complete requirements, the Secretary shall
act on the research proposal within a reasonable period.
Section 9. Collection and/or Possession of By-Products and
Derivatives. By-products and derivatives may be collected and/or If the applicant is a foreign entity or individual, a local institution
possessed: Provided, That the source was not obtained in violation should be actively involved in the research, collection and, whenever
of this Act. applicable and appropriate in the technological development of the
products derived from the biological and genetic resources.
Section 10. Local Transport of Wildlife, By-Products and Derivatives.
Local transport of wildlife, by-products and derivatives collected or Section 15. Scientific Researches on Wildlife. Collection and
possessed through any other means shall be authorized unless the utilization of biological resources for scientific research and not for
same is prejudicial to the wildlife and public health. commercial purposes shall be allowed upon execution of an
undertaking/agreement with and issuance of a gratuitous permit by
Section 11. Exportation and/or Importation of Wildlife. Wildlife the Secretary or the authorized representative: Provided, That prior
species may be exported to or imported from another country as may clearance from concerned bodies shall be secured before the
be authorized by the Secretary or the designated representative, issuance of the gratuitous permit: Provided, further, That the last
subject to strict compliance with the provisions of this Act and rules paragraph of Section 14 shall likewise apply.
and regulations promulgated pursuant thereto: Provided, That the
recipient of the wildlife is technically and financially capable to Section 16. Biosafety All activities dealing on genetic engineering
maintain it. and pathogenic organisms in the Philippines, as well as activities
requiring the importation, introduction, field release and breeding of
Section 12. Introduction, Reintroduction or Restocking of Endemic or organisms that are potentially harmful to man and the environment
Indigenous Wildlife. The introduction, reintroduction or restocking of shall be reviewed in accordance with the biosafety guidelines
endemic and indigenous wildlife shall be allowed only for population ensuring public welfare and the protection and conservation of
enhancement of recovery purposes subject to prior clearance from wildlife and their habitats.
the Secretary of the authorized representative pursuant to Section 6
of this Act. Any proposed introduction shall be subject to a scientific Section 17. Commercial Breeding or Propagation of Wildlife
study which shall focus on the bioecology. The proponent shall also Resources. Breeding or propagation of wildlife for commercial
conduct public consultations with concerned individuals or entities. purposes shall be allowed by the Secretary or the authorized
representative pursuant to Section 6 through the issuance of wildlife
Section 13. Introduction of Exotic Wildlife. - No exotic species shall farm culture permit: Provided, That only progenies of wildlife raised,
be introduced into the country, unless a clearance from the Secretary as well as unproductive parent stock shall be utilized for trade:
or the authorized representative is first obtained. In no case shall Provided, further: That commercial breeding operations for wildlife,
exotic species be introduced into protected areas covered by whenever appropriate, shall be subject to an environmental impact
Republic Act No. 7586 and to critical habitats under Section 25 study.
hereof.
Section 18. Economically Important Species. The Secretary, within
In cases where introduction is allowed, it shall be subject to one (1) year after the effectivity of this Act, shall establish a list of
environmental impact study which shall focus on the bioecology, economically-important species. A population assessment of such
species shall be conducted within a reasonable period and shall be For the export of wildlife species, an export permit fee of not greater
regularly reviewed and updated by the Secretary. than three percentum (3%) of the export value, excluding transport
costs, shall be charged: Provided, however, That in the determination
The Collection of certain species shall only be allowed when the of aforesaid fee, the production costs shall be given due
results of the assessment show that, despite certain extent of consideration. Cutflowers, leaves and the like, produced from farms
collection, the population of such species can still remain viable and shall be exempted from the said export fee: Provided, further, That
capable of recovering its numbers. For this purpose, the Secretary fees and charges shall be reviewed by the Secretary every two (2)
shall establish a schedule and volume of allowable harvests. years or as the need arises and revise the same accordingly, subject
to consultation with concerned sectors.
Whenever an economically important species become threatened,
any form of collection shall be prohibited except for scientific, ARTICLE TWO
educational or breeding/propagation purposes, pursuant to the
provisions of this Act. Protection of Threatened Species
Section 19. Designation of Management and Scientific Authorities for Section 22. Determination of Threatened Species. - The Secretary
International Trade in Endangered Species of Wild Fauna and Flora. shall determine whether any wildlife species or subspecies is
For the implementation of International agreement on international threatened, and classify the same as critically endangered,
trade in endangered species of wild fauna and fora, the management endangered, vulnerable or other accepted categories based on the
authorities for terrestrial and aquatic resources shall be the Protected best scientific data and with due regard to internationally accepted
Areas and Wildlife Bureau (PAWB) of the DENR and the Bureau of criteria, including but not limited to the following:
Fisheries and Aquatic Resources (BFAR) of the DA, respectively and
that in the Province of Palawan the implementation hereof is vested a. present or threatened destruction, modification or
to the Palawan Council for Sustainable Development pursuant to curtailment of its habitat or range;
Republic Act No. 7611. b. over-utilization for commercial, recreational, scientific or
educational purposes;
To provide advice to the management authorities, there shall be c. inadequacy of existing regulatory mechanisms; and
designated scientific authorities for terrestrial and aquatic/marine d. other natural or man-made factors affecting the existence
species. For the terrestrial species, the scientific authorities shall be of wildlife.
the Ecosystems Research and Development Bureau (ERDB) of the
DENR, the U.P. Institute of Biological Sciences and the National The Secretary shall review, revise and publish the list of categorized
Museum and other agencies as may be designated by the Secretary. threatened wildlife within one (1) year after effectivity of this Act.
For the marine and aquatic species, the scientific authorities shall be Thereafter, the list shall be updated regularly or as the need arises:
the BFAR, the U.P. Marine Science Institute, U.P. Visayas, Siliman Provided, That a species listed as threatened shall not be removed
University and the National Museum and other agencies as may be there from within three (3) years following its initial listing.
designated by the Secretary: Provided, That in the case of terrestrial
species, the ERDB shall chair the scientific authorities, and in the Upon filing of a petition based on substantial scientific information of
case of marine and aquatic species, the U.P. Marine Science any person seeking for the addition or deletion of a species from the
Institute shall chair the scientific authorities. list, the Secretary shall evaluate in accordance with the relevant
factors stated in the first paragraph of this section, the status of the
Section 20. Authority of the Secretary to Issue Permits. - The species concerned and act on said petition within a reasonable
Secretary or the duly authorized representative, in order to effectively period.
implement this Act, shall issue permits/certifications/clearances with
corresponding period of validity, whenever appropriate, which shall The Secretary shall also prepare and publish a list of wildlife which
include but not limited to the following: resembles so closely in appearance with listed threatened wildlife,
which species shall likewise be categorized as threatened.
1. Wildlife farm or culture permit 3 to 5 years;
2. Wildlife collector's permit 1 to 3 years; Section 23. Collection of Threatened Wildlife, By-products and
3. Gratuitous permit 1 year; Derivatives The collection of threatened wildlife, as determined and
4. Local transport permit 1 to 3 months; and listed pursuant to this Act, including its by-products and derivatives,
5. Export/Import/Reexport permit 1 to 6 months. shall be allowed only for scientific, or breeding or propagation
purposes in accordance with Section 6 of this Act: Provided, That
These permits may be renewed subject to the guidelines issued by only the accredited individuals, business, research, educational or
the appropriate agency and upon consultation with concerned scientific entities shall be allowed to collect for conservation breeding
groups. or propagation purposes.
Section 21. Fees and Charges. - Reasonable fees and charges as Section 24. Conservation Breeding or Propagation of Threatened
may be determined upon consultation with the concerned groups, Species Conservation breeding or propagation of threatened species
and in the amount fixed by the Secretary shall be imposed for the shall be encouraged in order to enhance its population in its natural
issuances of permits enumerated in the preceding section. habitat. It shall be done simultaneously with the rehabilitation and/or
protection of the habitat where the captive-bred or propagated Section 27. Illegal Acts. - Unless otherwise allowed in accordance
species shall be released, reintroduced or restocked. with this Act, it shall be unlawful for any person to willfully and
knowingly exploit wildlife resources and their habitats, or undertake
Commercial breeding or propagation of threatened species may be the following acts;
allowed provided that the following minimum requirements are met
by the applicant, to wit: (a) killing and destroying wildlife species, except in the following
instances;
a. Proven effective breeding and captive management
techniques of the species; and i. when it is done as part of the religious rituals of established
b. Commitment to undertake commercial breeding in tribal groups or indigenous cultural communities;
accordance with Section 17 of this Act, simultaneous with ii. when the wildlife is afflicted with an incurable
conservation breeding. communicable disease;
iii. when it is deemed necessary to put an end to the misery
The Secretary shall prepare a list of threatened species for suffered by the wildlife;
commercial breeding and shall regularly revise or update such list or iv. when it is done to prevent an imminent danger to the life or
as the need arises. limb of a human being; and
v. when the wildlife is killed or destroyed after it has been
used in authorized research or experiments
Section 25. Establishment of Critical Habitats. - Within two (2) years
following the effectivity of this Act, The Secretary shall designate
critical habitats outside protected areas under Republic Act No. 7586, .
where threatened species are found. Such designation shall be made
on the basis of the best scientific data taking into consideration (b) inflicting injury which cripples and/or impairs the reproductive
species endemicity and/or richness, presence of man-made system of wildlife species;
pressures/threats to the survival of wildlife living in the area, among
others. (c) effecting any of the following acts in critical habitat(s)
All designated, critical habitats shall be protected, in coordination i. dumping of waste products detrimental to wildlife;
with the local government units and other concerned groups, from ii. squatting or otherwise occupying any portion of the critical
any form of exploitation or destruction which may be detrimental to habitat;
the survival of the threatened species dependent therein. For such iii. mineral exploration and/or extraction;
purpose, the Secretary may acquire, by purchase, donation or iv. burning;
expropriation, lands, or interests therein, including the acquisition of v. logging; and
usufruct, establishment of easements or other undertakings vi. quarrying
appropriate in protecting the critical habitat.
(d) introduction, reintroduction or restocking of wildlife resources;
ARTICLE THREE
(e) trading of wildlife;
Registration of Threatened and Exotic Species
(f) collecting, hunting or possessing wildlife, their by-products and
Section 26. Registration of Threatened and Exotic Wildlife in the derivatives;
Possession of Private Persons. - No person or entity shall be allowed
possession of wildlife unless such person or entity can prove
financial and technical capability and facility to maintain said wildlife. (g) gathering or destroying of active nests, nest trees, host plants and
Twelve (12) months after the effectivity of this Act, the Secretary shall the like;
set a period, within which persons/entities shall register all
threatened species collected and exotic species imported prior to the (h) maltreating and/or inflicting other injuries not covered by the
effectivity of this Act. However, when the threatened species is preceding paragraph; and
needed for breeding/propagation or research purposes, the State
may acquire the wildlife through a mutually acceptable arrangement. (i) transporting of wildlife.
After the period set has elapsed, threatened wildlife possessed CHAPTER V
without certificate of registration shall be confiscated in favor of the
government, subject to the penalties herein provided. FINES AND PENALTIES
All Philippine wildlife which are not listed as threatened prior to the Section 28. Penalties for Violations of this Act. For any person who
effectivity of this Act but which may later become so, shall likewise be undertakes illegal acts under paragraph (a) of the immediately
registered during the period set after the publication of the updated preceding section to any species as may be categorized pursuant to
list of threatened species. this Act, the following penalties and/or fines shall be imposed;
CHAPTER IV ILLEGAL ACTS

a. imprisonment of a minimum of six (6) years and one (1) c. imprisonment of six (6) months and one (1) day to one (1)
day to twelve (12) years and/or a fine of One hundred thousand year and/or a fine of One thousand pesos (P1,000.00) to
pesos (P100,000.00) to One million pesos (P1,000,000.00), if One hundred thousand pesos (P100,000.00), if inflicted or
inflicted or undertaken against species listed as critical; undertaken against vulnerable species;
b. imprisonment of four (4) and one (1) day to six (6) years d. imprisonment of one (1) month and one (1) day to six (6)
and/or a fine of Fifty thousand pesos (P50,000.00) to Five months and/or a fine of Five hundred pesos (P500.00) to
hundred thousand pesos (P500,000.00) if inflicted or Fifty thousand pesos (P50,000.00), if inflicted or
undertaken against endangered species; undertaken against species listed as threatened species;
c. imprisonment of two (2) years and one (1) day to four (4) and
years and/or a fine of Thirty thousand pesos (P30,000.00) e. imprisonment of ten (10) days to one (1) month and/or a
to Three hundred thousand pesos (P300,000.00), if fine of Two hundred pesos (P200.00) to Twenty thousand
inflicted or undertaken against vulnerable species; pesos (P20,000.00), if inflicted or undertaken against other
d. imprisonment of one (1) year and one (1) day to two (2) wildlife species.
years and/or a fine of Twenty thousand pesos (P20,000.00)
to Two hundred thousand pesos (P200,000.00) if inflicted For illegal acts under paragraphs (f) and (g) of the immediately
or undertaken against other threatened species; and preceding section, the following penalties and/or fines shall be
e. imprisonment of six (6) months and one (1) day to one (1) imposed:
year and/or a fine of Ten thousand pesos (P10,000.00) to
One hundred thousand pesos (P100,000.00), if inflicted or a. imprisonment of two (2) years and one (1) day to four (4)
undertaken against other wildlife species. years and a fine of Thirty thousand pesos (P30,000.00) to Three
hundred thousand pesos (P300,000.00), if inflicted or undertaken
For illegal acts under paragraph (b) of the immediately preceding against species listed as critical;
section, the following penalties and/or fines shall be imposed; b. imprisonment of one (1) year and one (1) day to two (2)
years and a fine of Twenty thousand pesos (P20,000.00) to
a. imprisonment of minimum of four (4) years and one (1) day Two hundred thousand pesos (P200,000.00), if inflicted or
to six (6) years and/or a fine of Fifty thousand pesos (P50,000.00) to undertaken against endangered species;
Five hundred thousand pesos (P500,000.00), if inflicted or c. imprisonment of six (6) months and one (1) day to one (1)
undertaken against species listed as critical; year and a fine of Ten thousand pesos (P10,000.00) to
b. imprisonment of two (2) years and one (1) day to four (4) One hundred thousand pesos (P100,000.00), if inflicted or
years and/or a fine of Thirty thousand pesos (P30,000.00) undertaken against vulnerable species;
to Two hundred thousand pesos (P200,000.00), if inflicted d. imprisonment of one (1) month and one (1) day to six (6)
or undertaken against endangered species; months and a fine of Five thousand pesos (P5,000.00) to
c. imprisonment of one (1) year and one (1) day to two (2) Fifty thousand pesos (P50,000.00), if inflicted or
years and/or a fine of Twenty thousand pesos (P20,000.00) undertaken against species as other threatened species;
to Two hundred thousand pesos (P200,000.00), if inflicted and
or undertaken against vulnerable species; e. imprisonment of ten (10) days to one (1) month and a fine
d. imprisonment of six (6) months and one (1) day to one (1) of One thousand pesos (P1,000.00) to Five thousand
year and/or fine of Ten thousand pesos (P10,000.00) to pesos (P5,000.00), if inflicted or undertaken against other
Fifty thousand pesos (P50,000.00), if inflicted or wildlife species: Provided, That in case of paragraph (f),
undertaken against other threatened species; and where the acts were perpetuated through the means of
e. imprisonment of one (1) month to six (6) months and/or a inappropriate techniques and devices, the maximum
fine of Five thousand pesos (P5,000.00) to Twenty penalty herein provided shall be imposed.
thousand pesos (P20,000.00), if inflicted or undertaken
against other wildlife species. For illegal acts under paragraph (h) and (i) of the immediately
preceding section, the following penalties and/or fines shall be
For illegal acts under paragraphs (c) and (d) of the immediately imposed:
preceding section, an imprisonment of one (1) month to eight (8)
years and/or a fine of Five thousand pesos (P5,000.00) to Five a. imprisonment of six (6) months and one (1) day to one (1)
million pesos (P5,000,000.00) shall be imposed. year and a fine of Fifty thousand pesos (P50,000.00) to One hundred
thousand pesos (P100,000.00) if inflicted or undertaken against
For illegal acts under paragraph (e), the following penalties and/or species listed as critical species;
fines shall be imposed: b. imprisonment of three (3) months and one (1) day to six (6)
months and a fine of Twenty thousand pesos (P20,000.00)
a. imprisonment of two (2) years and one (1) day to four (4) to Fifty thousand pesos (P50,000.00), if inflicted or
years and/or a fine of Five thousand pesos (P5,000.00) to Three undertaken against endangered species;
hundred thousand pesos (P300,000.00), if inflicted or undertaken c. imprisonment of one (1) month and one (1) day to three (3)
against species listed as critical; months and a fine of Five thousand pesos (P5,000.00) to
b. imprisonment of one (1) year and one (1) day to two (2) Twenty thousand pesos (P20,000.00), if inflicted or
years and/or a fine of Two thousand pesos (P2,000.00) to undertaken against vulnerable species;
Two hundred thousand pesos (P200,000.00), if inflicted or d. imprisonment of ten (10) days to one (1) month and a fine
undertaken against endangered species; of One thousand pesos (P1,000.00) to Five thousand
pesos (P5,000.00), if inflicted or undertaken against terrestrial and aquatic species to lead in the conduct of scientific
species listed as other threatened species researches on the proper strategies for the conservation and
protection of wildlife, including captive breeding or propagation. In
; this regard, the Secretary shall encourage the participation of experts
e. (e) imprisonment of five (5) days to ten (10) days from academic/research institutions and wildlife industry.
and a fine of Two hundred pesos (P200.00) to One
thousand pesos (P1,000.00), if inflicted or undertaken Section 32. Wildlife Rescue Center. The Secretary shall establish or
against other wildlife species. designate wildlife rescue centers to take temporary custody and care
of all confiscated, abandoned and/or donated wildlife to ensure their
All wildlife, its derivatives or by-products, and all paraphernalia, tools welfare and well-being. The Secretary shall formulate guidelines for
and conveyances used in connection with violations of this Act, shall the disposition of wildlife from the rescue centers.
be ipso facto forfeited in favor of the government; Provided, That
where the ownership of the aforesaid conveyances belong to third Section 33. Creation of Wildlife Traffic Monitoring Units. - The
persons who has no participation in or knowledge of the illegal acts, Secretary shall create wildlife traffic monitoring units in strategic air
the same may be released to said owner. The apprehending agency and seaports all over the country to ensure the strict compliance and
shall immediately cause the transfer of all wildlife that have been effective implementation of all existing wildlife laws, rules and
seized or recovered to the nearest Wildlife Rescue Center of the regulations, including pertinent international agreements.
Department in the area.
Customs officers and/or other authorized government
If the offender is an alien, he shall be deported after service and representatives assigned at air or seaports who may have
payment of fines, without any further proceedings. intercepted wildlife commodities in the discharge of their official
functions shall, prior to further disposition thereof, secure a clearance
The fines herein prescribed shall be increased by at least ten percent from the wildlife traffic monitoring unit assigned in the area.
(10%) every three (3) years to compensate for inflation and to
maintain the deterrent function of such fines Section 34. Exemption from taxes - Any donation, contribution,
bequest, subsidy or financial aid which may be made to the
. Department of Environment and Natural Resources or to the
Department of Agriculture and to NGOs engaged in wildlife
conservation duly registered with the Securities and Exchange
CHAPTER VI
Commission as certified by the local government unit, the
Department of Environment and Natural Resources or the
MISCELLANEOUS PROVISIONS
Department of Agriculture, for the conservation and protection of
wildlife resources and their habitats shall constitute as an allowable
Section 29. Wildlife Management Fund. There is hereby established deduction from the taxable income of the donor and shall be exempt
a Wildlife Management Fund to be administered by the Department from donor's tax.
as a special account in the National Treasury which shall finance
rehabilitation or restoration of habitats affected by acts committed in
Section 35. Flagship Species. Local government units shall initiate
violation of this Act and support scientific research, enforcement and
conservation measures for endemic species in their areas. For this
monitoring activities, as well as enhancement of capabilities of
purpose, they may adopt flagship species such as the Cebu black
relevant agencies.
shama (copsychus cebuensis), tamaraw (bubalus mindorensis),
Philippine tarsier (tarsius syrichta), Philippine teak (tectona
The Fund shall derive from fines imposed and damages awarded, philippinensis), which shall serve as emblems of conservation for the
fees, charges, donations, endowments, administrative fees or grants local government concerned.
in the form of contributions. Contributions to the Fund shall be
exempted from donor taxes and all other tax charges or fees
Section 36. Botanical Gardens, Zoological Parks and Other Similar
imposed by the government.
Establishments. The Secretary shall regulate the establishment,
operation and maintenance of botanical gardens, zoological parks
Section 30. Deputation of Wildlife Enforcement Officers. The and other similar establishments for recreation, education and
Secretary shall deputize wildlife enforcement officers from non- conservation.
government organizations, citizens groups, community organizations
and other volunteers who have undergone necessary training for this
Section 37. Implementing Rules and Regulations. Within twelve (12)
purpose. The Philippine National Police (PNP), the Armed Forces of
months following the effectivity of this Act, secretaries of the
the Philippines (AFP), the National Bureau of Investigation (NBI) and
Department of Environment and Natural Resources and the
other law enforcement agencies shall designate wildlife enforcement
Department of Agriculture, in coordination with the Committees on
officers. As such, the wild enforcement officers shall have the full
Environment and Ecology of the Senate and the House of
authority to seize illegally traded wildlife and to arrest violators of this
Representatives, respectively, shall promulgate respective rules and
Act subject to existing laws, rules and regulations on arrest and
regulations for the effective implementation of this Act. Whenever
detention.
appropriate, coordination in the preparation and implementation of
rules and regulations on joint and inseparable issues shall be done
Section 31. Establishment of National Wildlife Research Centers. by both Departments. The commitments of the State to international
The Secretary shall establish national wildlife research centers for
agreements and protocols shall likewise be a consideration in the
implementation of this Act.
(Sgd)
Section 38. Appropriations. The amount necessary to implement the
provisions of this Act shall be charged against the appropriations of
the Department of Environment and Natural Resources in the current
General Appropriations Act. Therefore, such sums as may be GLORIA MACAPAGAL-ARROYO
necessary to fully implement the provisions of this Act shall be President of the Philippines
included in the annual General Appropriations Act.
Section 39. Separability Clause. - Should any provision of this Act be

subsequently declared as unconstitutional, the same shall not affect
the validity or the legality of the other provisions.
Indigenous Peoples Rights Act (RA 8371)
Section 40. Repealing Clause. - Act Nos. 2590 and 3983, Date signed
: 1997
Commonwealth Act No. 63, as amended, Presidential Decree No. into law
1219, as amended, Republic Act No. 6147, and other laws, orders Summary The Act ensures free and prior informed consent of
and regulations inconsistent herewith are hereby repealed or the indigenous communities in accordance with
amended accordingly. customary law before any utilization of natural
resources within an ancestral domain is allowed. In
relation to intellectual property rights as it relates to
- This Act shall take effect fifteen
Section 41. Effectivity.
species of plants and animals, the Act provides that
(15) days after publication in the Official Gazette or :
in relation to the right to indigenous knowledge
two (2) newspapers of general circulation. systems and practices and to develop their own
sciences and technologies, the indigenous peoples
are entitled to the recognition of the full ownership
and control and protection of their cultural and
Approved, intellectual rights.
Institutional National Commission on Indigenous Cultural
:
Arrangements Communities /Indigenous Peoples (NCCP)
(Sgd) Issues (to be Increase public participation and awareness
:
addressed) through information and education
Sanctions Imprisonment of not less than 9 months but not
more than 12 years or a fine not less than one
AQUILINO Q. hundred thousand pesos nor more than five
FELICIANO BELMONTE JR. :
PIMENTEL JR. hundred thousand pesos or both upon discretion of
Speaker of the House of the Court. (fines shall be increased by at least 10%
President of the
Representatives every 3 years)
Senate
This Act which is a consolidation of House Bill No.

10622 and Senate Bill No. 2128 was finally passed
by the House of Representatives and the Senate on In October 1997, then President Fidel V. Ramos
February 8, 2001 and March 20, 2001, respectively. signed into law RA 8371, the IPRA. This legislation
lays down the legal framework for addressing
indigenous peoples’ poverty. It seeks to alleviate the
plight of the country’s “poorest of the poor” by correcting,
by legislative fiat, the historical errors that led to
(Sgd)
(Sgd) systematic dispossession of and discrimination against
indigenous peoples. The Implementing Rules and
Regulations (IRR) of IPRA were approved on 9 June 1998.
LUTGARDO B.
ROBERTO P. NAZARENO The IPRA law enforces the 1987 Constitution’s
BARBO
Secretary General House of mandate that the State should craft a policy “to recognize
Secretary of the
Representatives and promote the rights of indigenous peoples/ICCs
Senate
within the framework of national unity and
development,”31 and “to protect the rights of indigenous
cultural communities to their ancestral lands to ensure
Approved: July 30, 2001
The Indigenous Peoples’ Rights Act or IPRA (RA 8371)

The IPRA also known as the Ancestral Domains Law

recognizes, protects and promotes the rights of indigenous cultural
communities and indigenous peoples. It is the first law on ancestral
domains in the world. Among the rights recognized under the IPRA,
in addition to communally owning the lands they occupy, are the
following: to remain in their ancestral domains; to be compensated
justly and resettled in case of displacement; to enjoy safe and clean
air and water; to uphold tribal laws and traditions, including
implementation of their own judicial system; to transfer land/property
to other members of their community in accordance with their tribal
laws; to enjoy the fruits of their communal lands; to exercise self-
governance; to be protected in their community and intellectual
property; to practice their own religion and ceremonies; to acquire,
practice, and preserve indigenous knowledge systems; to enjoy
equal rights for indigenous women and children as similarly enjoyed
by other Filipinos; and, to have access to basic services and
opportunities to improve their lives.
These rights, however, have corresponding responsibilities

for the indigenous peoples, including the maintenance of the
ecological balance and restoration of denuded areas within the
ancestral domain. The IPRA also created the National Commission
on Indigenous Cultural Communities/Indigenous Peoples, mandated
to protect and promote the interests and wellbeing of the ICCs/IPs,
and it is composed of seven commissioners belonging to ICCs/IPs
appointed by the President of the Philippines.
IPRA was principally authored by Sen. Juan Flavier, Rep.

Gregorio Andolana and Rep. Jeremias Zapata, and enacted into law
on October 29, 1997.

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REPUBLIC ACT NO. 7586 SECTION 4.

Definition of Terms - For purposes of this Act, the

SECTION 5. Establishment and Extent of the System - The

CAMILO L. SABIO (a) "Bioprospecting" shall refer to the research, collection,

(c) "DENR" shall refer to the Department of Environment

(i) Coordinate with appropriate agencies of the

No exploration, exploitation or utilization of non-renewable resources

Section 21. Construction. - The provisions of this Act shall be (Sgd)

Section 22. Separability Clause. - If any part or section of this Act is

NORTHING EASTING (d)"Management plan" is the plan described in Section 8(1)

10Â°57'28" 123Â°21'42" (e)"Management manual" is the manual relating to the

(f)"Maximum sustainable yield" is the greatest amount of

(h)"Secretary" shall refer to the Secretary of the

Section 5. The Protected Area Management Board for Sagay Marine

(d)Conviction of any criminal offense. (f)divisions of the Reserve into management

(b)habitat conservation and rehabilitation; (c)Establish a productive partnership with local

(h)Performing any other act analogous to the foregoing:

Approved: APR 14 2001

CHAPTER IV ILLEGAL ACTS

Section 39. Separability Clause. - Should any provision of this Act be

This Act which is a consolidation of House Bill No.

The IPRA also known as the Ancestral Domains Law

These rights, however, have corresponding responsibilities

IPRA was principally authored by Sen. Juan Flavier, Rep.

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