Professional Documents
Culture Documents
Dao-2008-26 - 114 (IRR NIPAS)
Dao-2008-26 - 114 (IRR NIPAS)
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Republic of the Philipp~nes
Department of Environment and Natural Resources
Visayas Avenue, Diliman, Q u e ~ o nCity
Tel Nos. (632) 929-66-26 to 29 *(632) 929-62-52
929-66-20 to 29 0929-66-33to 35
929-70-41 to 43
Pursuant to Section 10(d) of the NIPAS Act and consistent with the Wildlife
Resources Conservation and Protection Act (R.A. No. 9147), Caves and Cave
Resources Management and Protection Act (R.A. No. 9072), Philippine Mining
Act of 1995 (R.A. No. 7942), and other laws establishing the specific components
of the NIPAS, DENR Administrative Order No. 25, Series of 1992 which is the
Implementing Rules and Regulations of the NIPAS Act, is hereby revised
incorporating and integrating all existing regulations relevant thereto.
It is hereby recognized that these areas may be incorporated into a national land-
sea use planning framework consistent with global trends and standards such as
those provided in the Convention on Biological Diversity and other international
agreements; that effective administration of these areas is possible only through
cooperation among national government, local government, concerned private
organizations and local communities; and that the use and enjoyment of these
Let's Go Green
protected areas must be consistent with the principles of biological diversity,
sustainable development and protection of cultural heritage.
2.2 In order to achieve the above specific policies of the NIPAS, the
following strategies are hereby adopted:
Rule 3. Scope and Coverage. - This Order shall apply to all protected areas
established under the NIPAS and all initial components as provided in the NIPAS
Act, subject to Congressional enactments governing particular protected areas.
This Order shall likewise set forth in detail the processes by which the DENR and
other concerned institutions and agencies will establish, administer, manage and
disestablish protected areas.
Rule 5. Definition of Terms. - For purposes of this Order, the following terms
shall be defined as follows:
5.2 Central Integrated Protected Area Fund - refers to the trust fund
directly administered by the DENR through the Protected Areas
and Wildlife Bureau (PAWB) representing the twenty-five per cent
(25%) of the revenues from different protected areas primarily to
sustainably support the operations of the NIPAS;
5.13 Natural biotic area is an area set aside to allow the way of life
societies living in harmony with biodiversity to adopt to modem
technology at their pace;
6.3 The foregoing initial components shall be studied by the DENR for
recommendation to the President or Congress for the purpose of
establishment under the NIPAS or disestablishment;
6.4 Coastal conservation areas which are managed as fish refuges and
sanctuaries pursuant to RA 8550 or the Fisheries Code and RA
7160 or the Local Government Code may be established as a
protected area under the NIPAS following the requirements and
procedures as specified in these Rules.
6.5 The unique biodiversity of the area shall be the main consideration
in the determination of areas for inclusion in the NIPAS. These
areas must be representatives of a particular bio-geographic zone
andlor have one or more of the following characteristics:
The IPAP shall serve as the basis for the planning and
budgeting and management of the protected area until
established through presidential proclamation or by law
and a management plan is approved by the PAMB.
6.7 Upon enactment of the law establishing the protected area, its
boundaries shall be delineated and demarcated on the ground with
concrete monuments or other prominent physical landmarks or
features. Index of station numbers shall be engraved on the
monuments or markers to serve as reference. Appropriate markers
shall be used where the boundary of the protected area is on water.
6.8 In the establishment of protected areas, the ICCsAPs shall not be
deprived of their recognized claims and rights to the area as
ancestral domain or ancestral land as defined under the IPRA.
7.1 In cases where additional areas have been identified by the DENR
and indorsed to the President, the processing of applications for
leasellicenselpermit of any projectlactivity therein shall be held in
abeyance, except for projects that are compatible with the
objectives of the NIPAS.
9.3 The PAMB shall exercise management authority over the buffer
zones on behalf of the DENR. It shall initiate and ensure
participatory management in the buffer zone together with the
LGUs, other government agencies, NGOs, POs and other
concerned stakeholders.
9.4 The management strategy for the buffer zone shall be an integral
part of the management of the protected area. It shall be developed
by the PAMB together with the concerned community and other
stakeholders following the procedures set hereof. It shall be
likewise consistent with the management objectives of the
respective protected area and an essential component of the
Management Plan.
9.5 Rights over private lands within the established buffer zones shall
be recognized and respected in a manner consistent with the
Management Plan.
10.3 Each protected area shall be divided into two management zones:
strict protection zone and multiple use zone consistent with its
designated category.
10.3.2 Multiple Use Zone (MUZ) shall comprise areas where the
following may be allowed consistent with the protected
area management plan: settlement, traditional and/or
sustainable land-use, including agriculture, agro-forestry,
and other income generating or livelihood activities. It
shall also include, among others, areas of high recreational
tourism, educational or environmental awareness values
and areas consisting of existing installations of national
significancelinterest such as development of renewable
energy sources, telecommunication facilities and electric
power lines.
10.7 The annual work and financial plan of the protected area shall be
prepared upon the direction of the PAMB based on the
Management Plan following the annual national government
budgetary cycle. Provided, that the RED shall facilitate the
preparation of plans and programs in the management of the
particular protected area.
10.8 The PAMB shall ensure that the Management Plan is integrated
into the comprehensive land-sea use plans of the LGUs including
the complementation of activities. The PAMB shall likewise
ensure the harmonization of the Management Plan and the
ancestral domain plans of ICCs/IPs.
10.9 The Management Plan shall be approved by the majority of the
PAMB and endorsed to the Secretary through PAWB. The
Management Plan is deemed accepted unless formal written
disapproval from the Secretary is received by the PAMB on the
ground of inconsistency with existing laws and related rules and
regulations.
10.10 The PAMB shall review and update the Management Plan at least
every five (5) years. Any modification or revision of the
Management Plan shall follow the requirements set in these Rules.
Provided, that the revised Management Plan shall be approved and
endorsed in accordance with Rule 10.9.
11.1 The DENR Secretary shall have the over-all administration and
control over the NIPAS. To carry out the mandate of this Act, the
Secretary of the DENR is empowered to perform any and all of the
following acts:
11.2 The respective PAMB shall be responsible for the site specific
management of protected areas. The PASu shall execute the plans
and programs of the protected area as approved by the PAMB
11.3 The PAWB shall serve as the lead bureau of the DENR for the
system-wide planning, coordination, policy development,
monitoring and evaluation, and technical assistance on protected
area programs and projects.
1 1.4 The PAWB in coordination with Public Affairs Office (PAO) shall
develop and implement an information, education and
communications program within three (3) months upon approval of
this Order to inform the general public of the NIPAS, its
significance, goals and objectives. Such program shall be utilized
as means for the public consultations and hearings to be initiated
by the DENR for the establishment and management of the NIPAS
as well as soliciting support for the protection of said areas.
11.5 The RED and the Regional Technical Director (RTD) for Protected
Areas, Wildlife and Coastal Zone Management Service shall
provide technical guidance in the management of the protected
areas under its administrative jurisdiction. The RED shall ensure
that the functional authorities among the PASu, the Community
Environment and Natural Resources Officer (CENRO) and the
Provincial Environment and Natural Resources Officer (PENRO)
are harmonized to effectively carry out the mandate of the NIPAS
Act.
12.2 The composition of the PAMB shall be made final upon the
enactment of the law placing the protected area under the NIPAS.
The PAMB shall be composed of the following:
12.2.1 The RED as Chairperson and advisor on matters related
to the management of the protected area.
12.2.7 At least three (3) but not more than five (5)
representatives from local NGOs and community
organizations, including people's organizations, church
or civic organizations and the academe; and
12.3 The Secretary shall appoint the members of the PAMB. The RED
and the Provincial Planning and Development Coordinator(s) shall
serve ex-officio members of the PAMB.
12.4 The members of PAMB shall serve for a term of five (5) years
without compensation, except for actual and necessary traveling
and subsistence expenses incurred in the performance of their
duties. Provided, that whenever a vacancy occurs during the term
of a member, a new member shall be appointed in the same
manner as the original appointment in order to complete the
unfinished term of the said vacancy.
12.5 The PAMB En-banc may create an Executive Committee and other
committees to effectively cany out its functions.
Rule 14. Ancestral Lands and the Rights of ICCsAPs. - The DENR in
collaboration with the PAMB shall assist the NCIP in the identification,
delineation and recognition of the claims of ICCsIIPs to their ancestral
domainlland within protected areas following the provisions of RA 8371 or the
IPRA.
14.1 In the establishment of protected areas, the DENR shall ensure the
full participation of the concerned ICCs/IPs in accordance with
NIPAS Act and the IPRA.
15.2.2 For additional areas of the NIPAS, five (5) years prior
to the Presidential Proclamation or Congressional
enactment establishing the protected area, whichever is
earlier.
15.4 The DENR, upon the recommendation of the PAMB shall enter
into Protected Area Community-based Resource Management
Agreement (PACBRMA) with the tenured migrant communities of
protected areas.
Within one (1) year from the issuance of the PACBRMA, tenure
holders shall be required to prepare a Community Resource
Management Plan (CRMP) based on the procedure herein provided
(Annex F). Failure to implement the CRMP shall serve as basis
for the cancellation of the agreement.
Rule 16. Survey for Energy Resources. - Consistent with the policies declared in
Section 2 of the NIPAS Act, protected areas, except strict nature reserves and
natural parks, may be subjected to exploration only for the purpose of gathering
information on energy resources and only if such activity is carried out with the
least damage to surrounding areas. Surveys shall be conducted only in
accordance with a program approved by the DENR, and the result of such surveys
shall be made available to the public and submitted to the President for
recommendation to Congress. Any exploitation and utilization of energy
resources found within NIPAS areas shall be allowed only through a law passed
by Congress.
Rule 17. Areas Under the Management of Other Departments and Government
Instrumentalities. - The DENR shall retain jurisdiction over all protected areas in
accordance with Executive Orders No. 192 and 292. The DENR has management and
administration over NIPAS except those placed under the management and
administration of other agencies pursuant to specific laws or presidential issuances.
Provided, That the department or government instrumentality exercising
management and administration over said protected area or a portion thereof shall
coordinate with the DENR in the preparation of its management plans.
The DENR may enter into an agreement with the concerned government agency
for the management of the protected area specifically for activities such as the
creation of a management body, preparation of the management plan, and other
related activities.
Rule 18. Integrated Protected Areas Fund - There is hereby established a trust
fund to be known as Integrated Protected Areas (IPAS) Fund for purposes of
financing projects of the NIPAS. The DENR may solicit and receive donations,
endowments, and grants in the form of contributions, and such endowments shall
be exempted from income or gift taxes and all other taxes, charges or fees
imposed by the Government or any political subdivision or instrumentality
thereof. All incomes generated from the operation of the NIPAS and its
component protected areas shall accrue to the Fund and may be utilized directly
by the DENR for the above-mentioned purposes.
18.1.1 Fees from the permitted sale and export of flora and fauna
and other resources derived from protected areas;
18.1.4 Such other fees and incomes derived from the operation of
the protected area.
18.2 Disbursements from the Fund shall be made solely for the
protection, maintenance, administration, and management of the
System, and duly approved projects endorsed by the PAMBs, in
the amounts authorized by the DENR.
18.9 The use and disbursement of the IPAF shall be guided by the
following:
Rule 19. Field OfJicers. - All officials, technical personnel and forest guards or
park rangers employed in the protected areas or all persons deputized by the
DENR, upon recommendation of the Management Board shall be considered as
field officers. Such field officers shall have the authority to investigate and search
premises and buildings and make arrests in accordance with the rules on criminal
procedure for the violation of laws and regulations relating to protected areas.
Persons arrested shall be brought to the nearest police precinct for investigation
and filing of appropriate charges.
Rule 20. Special Prosecutors. - The Department of Justice shall designate special
prosecutors to prosecute violation of laws, rules and regulations in protected
areas.
Rule 21. Prohibited Acts. - Except as may be allowed by the nature of their
categories and pursuant to rules and regulations governing the same, the following
acts are prohibited within protected areas:
Rule 22. Penalties. - Whoever violates the NIPAS Act or any rules and
regulations issued by the Department pursuant to the NIPAS Act or whoever is
found guilty by a competent court of justice of any of the offenses provided in the
NIPAS Act and this Order shall be fined in the amount of not less than Five
thousand pesos (P5,OOO) nor more than Five hundred thousand pesos (P500,000),
exclusive of the value of the thing damaged or imprisonment for not less than one
(1) year but not more than six (6) years, or both, as determined by the court:
Provided, That, if the area requires rehabilitation or restoration as determined by
the court, the offender shall also be required to restore or compensate for the
restoration of the damaged areas. Provided, further, that the court shall order the
eviction of the offender from the land and the forfeiture in favor of the
Government of all minerals, timber or any species collected or removed including
all equipment, devices and firearms used in connection therewith, and any
construction or improvement made thereon by the offender. If the offender is an
association or a corporation, the president or manager shall be directly responsible
for the act of his employees and laborers. Provided, finally, that administrative
fines and penalties may be imposed upon the recommendation of the PAWB in
consultation with the concerned PAMBs and the DENR Regional Ofices.
The above penalties shall be imposed without prejudice to the application of other
existing laws, rules and regulations.
Rule 23. Separability Clause. - If any part of this Order is inconsistent with any
provisions of other laws, its implementatiori shall be deferred until such time that
such laws are amended.
Rule 24. Repealing Clause. - All issuances inconsistent with this Order are
hereby deemed repealed.
R w U c of tho Phillpplnss
P u b l i c a t i o n : Malaya
January 16, 2009
R e g i s t r a t i o n . ONAR, U.P. Law Center
January 16, 2009
Annex A. Protected Area Categories
2. Management Research and scientific Biodiversity conservation and Conservation and R o t d o a and conservation of Protection of natural features and Conservation and protection of Protection and c o w a t i o n of
Objective (s) studies maintenance of nshval protection of specific wildlife and their habitat providing opportunities natural resources for future use culture/customsand haditions
ecological processes nsrural features for sustainableresource use of Indigenous Peoples (Ps)
environmental monitoring and otha local communities
Nature recreation, and
conservation education their environment including
Research & ximtific rrsourccs
maintenance of genetic Studies
resources and natural
ecological processes Environmental monitoring
3. Allowable Human Limited scientific research Nature recreation Ewtourisn Scientific research with Sustainablesocio-economic Research and scientific studies Trnditional and sustainable
Activities* i.e. coun& observations, regulated eolledon of activities and traditional practices resource use
and meamrements at the Regulated resource use, Scientific research with specimens Biodiversity monitoring
site and non-extractive consistent with management regulated collection of Regulated resource use EXCEPT
research and educational plan EXCEPT tuning of specimens Nature recreation cutting of naturally growing trees.
activities naturally growing trees However .cutting of naturally
subject to PAMB clearance Regulated resource use growing heff for p ~ s o n a and
l
EXCEPT noncommercial use of trnured
those thm are essential to mipants may be allowed,
conservation of the species subject to allocation criteria
being munaged w d cutting of prescribed by PAMB
naturally growing trees
* In all categories, the customary rights and traditional practices of Indigenous Peoples shall be recognized, respected and allowed subject to the Wildlife Resources Conservation & Protection Act (RA 9147) and
other applicable laws, rules and regulations
Mining is prohibited in all protected areas regardless of categories pursuant to the Mining Act of 1995 (RA 7942)
Annex B - Procedure for the Establishment of Protected Areas
1
Preparation of Resource
Profile
PASA & SRPAO
Preparation of C
Initial PA Plan 0
S
Regional
Review Recommendation U
L
r
T
National
Review Recommendation A
w I
Presidential
Proclamation 0
N
v
Congressional
Enactment -
Annex C - Procedure for Protected Area Dis-establishment
Proclamation Enactment
Annex D - PA Management Planning Process
+
Flnallzatlonof the plan
+
I Develop manaOement
rdandards, guidelines
prercriplions &
programs
Peoples Organization
PAMB-CBP Committee
PASU reviews discuss the terms
(Qualified tenured migrants)
application and
Applicant files
application and submits endorse to PAMB ) and conditions with PO
and endorse to RED
Requirements to PASu (within 15 days) (within 30 days)
More than
Approval of the
DENR Secretary < RED endorse to the
Secretary
15,000
has
Disbursement 7
Vouchers
PAWB Director
1. Certificate of
Work & Financial
2. Breakdown of
Disbursement
PAWB Director
balance of the
Financial Plan
2. Breakdown
of Expenses the Bank deposit slips. 2. Forward copy 2. Monitors the
according to of the approved revenues and
the described 3. Request for WFP and the actual
format. the utilization of corresponding disbursements of
the trust fund documents to funds
3. Resolution PAWB
by the PAMB
approving the 2. Update
3. Report of database on
proj. actual IPAF
propJIMIFP; disbursements of
4.Accomplish- funds.
ment Report