By: April Anne C.

Toledo Judge Maricris Pahate-Felix

2E - Administrative Law April 9, 2022

April 9, 2022

IMPLEMENTING RULES AND REGULATIONS PURSUANT TO SECTION TWENTY-

FIVE (25) OF REPUBLIC ACT NO. 10067 "AN ACT ESTABLISHING THE
TUBBATAHA REEFS NATURAL PARK IN THE PROVINCE OF PALAWAN AS A
PROTECTED AREA UNDER THE NIPAS ACT (R.A. 7586) AND THE STRATEGIC
ENVIRONMENTAL PLAN (SEP) FOR PALAWAN ACT (R.A. 7611), PROVIDING FOR
ITS MANAGEMENT AND FOR OTHER PURPOSES”

WHEREAS, Section 2 of Republic Act 10067 otherwise known as “Tubbataha National

Reefs Park of 2009” hereinafter referred to as RA 10067 and signed into law on April
06, 2010, provides: “It shall be the declared policy of the State to ensure the protection
and conservation of the globally significant economic, biological, sociocultural,
educational, and scientific values of the Tubbataha Reefs into perpetuity for the
enjoyment of present and future generations. These shall be pursued by managing the
TRNP under a "no-take" policy and through a sustainable and participatory
management, taking into consideration all applicable laws and international conventions
to which the Philippines is a signatory”;

WHEREAS, Section 25 of RA 10067 on Introduction of Exotic Species, mandates: “ It

shall be unlawful to introduce exotic species of plants or animals into the Tubbataha
Reefs and Natural Park (TRNP). Violation of this section shall be punished with
imprisonment of six (6) months to six (6) years; fine of One hundred thousand pesos
(P100,000.00) to One million pesos (P1,000,000.00); and forfeiture of the resources
subject of the offense, equipment, gears and vessels. The TPAMB shall also impose
administrative fine ranging from Two hundred thousand pesos (P200,000.00) to One
million pesos (P1,000,000.00); and confiscation and forfeiture of the resources subject
of the offense, equipment, gears and vessels.”;

WHEREAS, Section 10 of RA 10067, provides: “There shall be a Tubbataha Protected

Area Management Board (TPAMB), which shall be the sole policy-making and permit-
granting body of the TRNP”;
By: April Anne C. Toledo Judge Maricris Pahate-Felix
2E - Administrative Law April 9, 2022

WHEREAS, Section 25 of RA 10067 on Introduction of Exotic Species, mandates: “ It

shall be unlawful to introduce exotic species of plants or animals into the Tubbataha
Reefs and Natural Park (TRNP). Violation of this section shall be punished with
imprisonment of six (6) months to six (6) years; fine of One hundred thousand pesos
(P100,000.00) to One million pesos (P1,000,000.00); and forfeiture of the resources
subject of the offense, equipment, gears and vessels. The TPAMB shall also impose
administrative fine ranging from Two hundred thousand pesos (P200,000.00) to One
million pesos (P1,000,000.00); and confiscation and forfeiture of the resources subject
of the offense, equipment, gears and vessels.”;

WHEREAS, Section 45 of 47 of RA 10067 set the effectivity of RA 10067 immediately

after its complete publication in two (2) newspapers of general circulation.

NOW, THEREFORE, these IRR are hereby issued to guide the Tubbataha Protected
Area Management Board (TPAMB), herein referred to as the TPAMB, in the
implementation of Section 25 of RA 10067.

A. IMPLEMENTING RULES AND REGULATIONS

RULE 1. These rules and regulations shall be referred to as the "The Implementing
Rules and Regulations Pursuant to Republic Act 10067.”

RULE 2. To facilitate the implementation of Section 25 of RA 10067, the members or

TPAMB, in accordance of Section 10 and Section 13 (e) of RA 10067, are hereby
tasked to create a special group, which shall be composed of 5 members or
representatives of those enumerated under Section 10 of RA 10067, particularly
focused on monitoring and observing the status of exotic species, known as “Special
Group on Monitoring Exotic and Invasive Species” (SGMEIS)

RULE 3. The said Special Group on Monitoring Exotic and Invasive Species shall have
the following powers and functions:
By: April Anne C. Toledo Judge Maricris Pahate-Felix
2E - Administrative Law April 9, 2022

(a) Enforce the rules and regulations formulated and approved by the
members of the TPAMB;
(b) Establish a stringent inspection and monitoring system to ensure that
no act introduction of exotic species of plants or animals will be performed
in TRNP;
(c) Provide for the qualifications of the transporters and visitors of the
TRNP, to whom necessary permits can be issued
(d) Issue necessary permits to qualified transporters and visitors of the
TRNP.
(e) Perform various researches or studies on introduced species or
invasive species that may possibly disrupt the ecosystem of the TRNP;
(f) Collect necessary fees for the issuance of permits and penalties due to
violation of Section 25 of RA 10067;
(g) Perform any other necessary acts that will promote and strengthen the
preservation of the native plants and animal species in the TRNP.

B. DEFINITION OF TERMS

SECTION 1. Definition of Terms. —For purposes of these IRR, the following terms shall
be defined as follows:

(a) "Exotic Species" refer to species or subspecies that do not naturally

occur within the biogeographic region of the TRNP at present or in
historical time.
(b) “Invasive Species” or “Introduced Species” refer to  organisms that
are not indigenous, or native, to a particular area, which can cause great
economic and environmental harm to the new area.
(c) “Introduction to Species” refers to the act of introducing, instituting, or
putting in place an invasive or introduced specie from other regions of
the Philippines or other countries into TRNP, by using ship ballast water,
By: April Anne C. Toledo Judge Maricris Pahate-Felix
2E - Administrative Law April 9, 2022

accidental release, reckless or willful act by people, thereby causing or

likely to cause great economic and environmental harm to the new area.

C. ILLEGAL ACTS

SECTION 2.  Illegal Acts. — Unless otherwise allowed in accordance with the

provisions of RA 10076, it shall be unlawful for any transporters, visitors, and other
people, to recklessly or willfully knowing introduce exotic or invasive species, or
undertake any of the following acts:

(a) Entering the TRNP without the necessary permit issued by the
SGMEIS;
(b) Using boats, marine vessels, or other similar machinery or equipment
without permit or authorization from the SGMEIS.
(b) Bringing unverified plant or animal species by the SGMEIS into the
TRNP;
(c) Releasing unverified plant or animal species by the SGMEIS into the
TRNP;
(d) Using unauthorized or unclean boots, swimming fins, or similar
swimming gear while being in the premises of TRNP;
(e) Other similar circumstances of a similar nature and analogous to
those above mentioned.

D. PENALTIES

RULE 4. It shall be unlawful to introduce exotic species of plants or animals into the
TRNP. Violation of this section shall be punished with:

(a) imprisonment of six (6) months to six (6) years; or

(b) fine of One hundred thousand pesos (P100,000.00) to One million
pesos (P1,000,000.00); and
By: April Anne C. Toledo Judge Maricris Pahate-Felix
2E - Administrative Law April 9, 2022

(c) forfeiture of the resources subject of the offense, equipment, gears

and vessels.
(d) The TPAMB through the SGMEIS, shall also impose administrative
fine ranging from Two hundred thousand pesos (P200,000.00) to One
million pesos (P1,000,000.00); and confiscation and forfeiture of the
resources subject of the offense, equipment, gears and vessels.

C.EFFECTIVITY

RULE 5. These IRR shall take effect fifteen (15) calendar days after publication in a
newspaper of general circulation.

D. FINAL PROVISIONS

RULE 6. All existing rules and regulations, orders, circulars and memoranda or parts
thereof issued by the Department inconsistent with the provisions of these IRR are
hereby repealed or modified accordingly. 

RULE 7: In case any provision or portion of these IRR is declared unconstitutional by

a competent court, other provisions or portions thereof which are not affected thereby
shall continue to be in full force and effect.

Adopted: 09 April 2022

(SGD.) APRIL ANNE C. TOLEDO

Secretary
By: April Anne C. Toledo Judge Maricris Pahate-Felix
2E - Administrative Law April 9, 2022

April 9, 2022

IMPLEMENTING RULES AND REGULATIONS PURSUANT TO CHAPTER TEN (10),

SECTION TWENTY-FOUR (24) ON MISBRANDED COSMETIC OF REPUBLIC ACT
NO. 3720 "AN ACT TO ENSURE THE SAFETY AND PURITY OF FOODS, DRUGS,
AND COSMETICS BEING MADE AVAILABLE TO THE PUBLIC BY CREATING THE
FOOD AND DRUG ADMINISTRATION WHICH SHALL ADMINISTER AND ENFORCE
THE LAWS PERTAINING THERETO.”

Pursuant to the powers granted to the Food and Drug Admiration under RA 3720, to
administer and supervise the implementation of Section 24 of RA 3720 on Misbranded
Cosmetics, this implemented rules and regulations are hereby issued for the information
and compliance of all concerned.

A. IMPLEMENTING RULES AND REGULATIONS

RULE 1. These rules and regulations shall be referred to as the "The Implementing
Rules and Regulations Pursuant Chapter 10, Section 24 of Republic Act 3720.”

RULE 2. To facilitate the implementation of Chapter 10, Section 24 of RA 3720 on

Misbranded Cosmetic, a special monitoring board under the supervision of Food and
Drug Administration, particularly focusing on misbranded cosmetics, is hereby created
to formulate rules and regulations for the registration, inspection, and monitoring of
labels of packaging being released or about to be released by manufacturer, packer,
distributor, and other similar entities, in the Philippines or in abroad, that is false or
misleading, or obtaining word, statement, or other information that is not prominently
placed thereon with such conspicuousness and in such terms as to render it likely to be
read and understood by ordinary individual under customary conditions of purchase and
use.

RULE 3. The said special monitoring board on misbranded cosmetics shall have the
following powers and functions:
By: April Anne C. Toledo Judge Maricris Pahate-Felix
2E - Administrative Law April 9, 2022

(a) Enforce the rules and regulations formulated and approved by the
Health Secretary, and the Food and Drug Authority Inspection Board.
(b) Establish a standard inspection and monitoring system to ensure that
no labels of the packaging of misbranded cosmetics shall be approved
without such standard inspection and monitoring system.
(d) Issue authorization or necessary permits to qualified manufacturer,
packer, distributor, and other similar entities, in the Philippines or in
abroad, who are applying for label packaging to be approved in the
Philippines.
(f) Collect necessary fees for the issuance of permits and penalties due to
violation of Chapter 10, Section 24 of RA 3720.
(g) File possible charges against entities, personalities, or bodies, who
attempted or about to attempt to release a cosmetic product having a
misbranded label
(g) Perform any other necessary acts that will prevent the release of labels
of misbranded cosmetics.

B. DEFINITION OF TERMS

SECTION 1. Definition of Terms. —For purposes of these IRR, the following terms shall
be defined as follows:

(a) "Cosmetic" refers to any product that are being applied into the
internal and external part of a human’s body, particularly on the skin or
face, in order to improve its quality and appearance.
(b) “Label”” refers to any words, phrase, or any sort of information
attached to a packaging which provides for an information about a
certain products.
(d) “False labeling” refers to labels that are incorrect or not in
accordance with scientific facts.
By: April Anne C. Toledo Judge Maricris Pahate-Felix
2E - Administrative Law April 9, 2022

(e) “Misleading label” refers to labels that gives consumers the wrong
idea or impression towards the cosmetic product they bought or they are
about to buy.

C. ILLEGAL ACTS

SECTION 2.  Illegal Acts. — Unless otherwise allowed in accordance with the

provisions of RA 3720, it shall be unlawful for any manufacturer, packer, distributor, and
other similar entities, in the Philippines or in abroad, to issue packaging having the
labels prohibited under Chapter 10, Section 24 of RA 3720.

D. PENALTIES

RULE 4. Any person who violates any of the provisions of Chapter 10, Section 24 of RA
3720, upon conviction, be subject to imprisonment of not less than six months and one
day, but not more than five years, or a fine of not less than one thousand pesos, or both
such imprisonment and fine, in the discretion of the Court.

C.EFFECTIVITY

RULE 5. These IRR shall take effect seven (7) calendar days after publication in a
newspaper of general circulation.

D. FINAL PROVISIONS

RULE 6. All existing rules and regulations, orders, circulars and memoranda or parts
thereof issued by the Department inconsistent with the provisions of these IRR are
hereby repealed or modified accordingly. 

RULE 7: In case any provision or portion of these IRR is declared unconstitutional by

a competent court, other provisions or portions thereof which are not affected thereby
shall continue to be in full force and effect.

Adopted: 09 April 2022

By: April Anne C. Toledo Judge Maricris Pahate-Felix
2E - Administrative Law April 9, 2022

(SGD.) APRIL ANNE C. TOLEDO

Administrator