Professional Documents
Culture Documents
OF 1992 (NIPAS) within the protected areas which have actually and
Republic Act 7586 continuously occupied such areas for 5 years before the
designation of the same as protected areas in accordance with
this act and are solely dependent therein for subsistence,
Purpose: to secure the perpetual existence of all native plants WILDLIFE SANCTUARY comprises an area which assures
and animals through the establishment of a comprehensive the natural conditions necessary to protect nationally
system of integrated protected areas. significant species, group of species, biotic communities or
It classifies all the designated protected areas to maintain physical features of the environment where these may require
essential ecological processes and life-support systems, to specific human manipulation for their perpetuation.
preserve genetic diversity, to ensure sustainable use of
resources found therein, and to maintain their natural Note: The Tañon Strait, pursuant to Proclamation No. 1234, was set
conditions to the greatest extent possible. aside and declared a protected area under the category of protected
seascape.
DECLARATION OF POLICY
No energy resource exploitation and utilization may be done
1. The law declares it as a policy of the state to secure for the in a protected seascape without a law for the purpose.
Filipino people of present and future generations the RESIDENT MARINE MAMMALS vs. REYES, the court
perpetual existence of all native plants and animals through held that while PD 87 is sufficient to satisfy the requirement
the establishment of a comprehensive system of integrated of a general law, the absence of the two conditions required
protected areas within the classification of national park as by Sec. 4, Art 12 of the 1987 Constitution, to wit:
provided for in the constitution. 1. That the president be a signatory to Service
Contract-46; and;
Note: NIPAS act is aimed at overall biodiversity conservation, 2. That Congress be notified of such contract.
although “biodiversity” is not defined in the act or in its
implementing rules and regulations of 1992 (NIPAS IRR). The act Service contract involving the exploitation, development
focuses on habitant and ecosystem-related conservation, identifying and utilization of our natural resources are of paramount
forests, watersheds, coastal zones, coral reefs and other such areas interest to the present and future generations. Hence,
that represent a wide variety of ecosystems. safeguards were put in place to insure that the guidelines
set by law are meticulously observed and likewise to
NIPAS act takes into account irreplaceable areas with eradicate the corruption that may easily penetrate
unique natural characteristics and culturally important areas. departments and agencies by ensuring that the president has
authorized or approved of these service contracts herself.
CATEGORIES OF PROTECTED AREAS, to wit:
Note: Calauit Island, Busuanga, Palawan, declared a game preserve
1. Strict nature reserve; and wildlife sanctuary but later proclaimed by the President as an
2. Natural park; ancestral land belonging to the Indigenous Cultural Community of
3. Natural monuments; Tagbanua as their private but community property.
4. Wildlife sanctuary;
5. Protected landscape ad seascapes; ESTABLISHMENT AND EXTENT OF THE SYSTEM
6. Resource reserve;
7. Natural biotic areas; and Section 5(a) of RA 7586 provides that the establishment and
8. Other categories established by law, conventions or operationalization of the system shall involve the following:
international agreements to which the Philippine a. All areas or islands in the PH proclaimed, designated or
government is a signatory. set aside, pursuant to a law, presidential decree,
presidential proclamation or executive order as a national
DEFINITION OF TERMS (just read the others) to wit: park, game refuge, bird and wildlife sanctuary,
wilderness area, strict nature reserve, watershed,
NIPAS is the classification and administration of all mangrove reserve, fish sanctuary, natural and historical
designated protected areas to maintain essential ecological landmark, protected and managed landscape/seascape as
processed and life-support systems, to preserve genetic well as identified virgin forests before the effectivity of
diversity, to ensure sustainable use of resources found therein, the act are hereby designated as initial components of the
and to maintain their natural conditions to the greatest extent system. The initial components of the system shall be
possible. governed by existing laws, rules and regulations, not
PROTECTED AREAS refers to the identified portions of land inconsistent with this act.
and water set aside by reason of their unique physical and Buffer Zones – for each protected area, peripheral buffer
biological significance, managed to enhance biological zones shall be established to protect the same from activities
diversity and protected against destructive human that will directly and indirectly harm it. Buffer Zones shall
exploitation. include public and private lands. The DENR shall exercise the
BUFFERS ZONES identified areas outside the boundaries of same authority over buffer zones in the same manner as
and immediately adjacent to designated protected areas that protected areas.
need special development control in order to avoid or Management Plans – there shall be a general management
minimize harm to the protected area. planning strategy to serve as a guide in formulating individual
PROTECTED LANDSCAPES/SEASCAPES are areas of plans for each protected area.
national significance which are characterized by the
harmonious interaction of man and land while providing Management Plans must contain the following:
opportunities for public enjoyment through recreation and
tourism within the normal lifestyle and economic activity of 1. An individual management plan prepared by three
these areas. experts;
2. Basic background information; 3. Use of any motorized equipment without a
3. Field inventory of the resources within the area; permit from the management board;
4. An assessment of assets and limitation; 4. Mutilating, defacing or destroying objects of
5. Regional interrelationships natural beauty or objects of interest to cultural
6. Particular objectives for managing the area; communities (of scenic value);
7. Appropriate division of the area into management zones; 5. Damaging and leaving roads and trails in a
8. A review of the boundaries of the area; and damaged condition;
9. A design of the management programs. 6. Squatting, mineral locating, or otherwise
occupying any land;
ADMINISTRATION AND MANAGEMENT OF THE SYSTEM 7. Constructing or maintaining any kind of
structure, fences or enclosures, conducting any
The NIPAS has been placed under the control and business enterprise without a permit;
administration of the DENR. 8. Leaving in exposed or unsanitary conditions
The DENR secretary is empowered to perform the following refuse or debris, or depositing in ground or in
acts (see pg. 399-400 for the enumeration) bodies of water; and
PROTECTED MANAGEMENT BOARD 9. Altering, removing destroying or defacing
o Composition- regional executive director, a boundary marks or signs.
representative from the autonomous regional
government (if applicable), provincial Note: Bataan Natural Park is inalienable – the illegal possession or
development officer, one representative each sale of rights of portions thereof is prohibited under the IRR of
from the municipality government, barangay NIPAS Act.
covering the protected area and tribal community
(if applicable), three representative from non-
government organizations/local community
organizations; and one representative each from
other departments or national government
agencies involved in protected area management.
o Term: shall serve for a term of 5 years without
compensation EXCEPT for actual travelling and
subsistence expenses incurred in the performance
of their duties.
o They shall be appointed by the DENR
Secretary.
PROHIBITED ACTS