The University of Mindanao

College of Criminal Justice Education

Criminology

Physically Distanced but Academically Engaged

Self-Instructional Manual (SIM) for Self-Directed Learning (SDL)

CRI 228 - Environmental Law and Protection and Investigation

Prepared by: Rowela C. Pecson

THIS SIM/SDL MANUAL IS A DRAFT VERSION ONLY: NOT FOR REPRODUCTION AND
DISTRIBUTION OUTSIDE OF ITS INTENDED USE. THIS IS INTENDED ONLY FOR THE
USE OF THE STUDENTS WHO ARE OFFICIALLY ENROLLED IN THE
COURSE/SUBJECT.
EXPECT REVISIONS OF THE MANUA
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 CRI 228 - Environmental Law and Protection and Investigation
Areas of Concern
Contact and Non-contact Hours
Details
This 3-unit course self-instructional manual is designed for
blended learning mode of instructional delivery with scheduled
face to face or virtual sessions. The expected number of hours
will be 54 including the face to face or virtual sessions. The 100
% two days attendance face to face sessions is be required
which include the summative assessment tasks (exams) since
this course is crucial in the licensure examination for
Criminologists.
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 Submission of assessment tasks shall be on 3rd, 5th, 7th and
9th week of the term. The assessment paper shall be attached
with a cover page indicating the title of the assessment task (if
the task is performance), the name of the course coordinator,
date of submission and name of the student. The document
should be emailed to the course coordinator. It is also expected
that you already paid your tuition and other fees before the
submission of the assessment task.

If the assessment task is done in real time through the features

in the Blackboard Learning Management System, the schedule
shall be arranged ahead of time by the course coordinator.
Assessment Task Submission
Since this course is included in the licensure examination for
Criminologists, you will be required to take the Multiple-Choice
Question exam inside the University. This should be scheduled
ahead of time by your course coordinator. This is non-negotiable
for all licensure-based programs.

Turnitin Submission To ensure honesty and authenticity, all assessment tasks are
(if necessary) required to be submitted through Turnitin with a maximum
similarity index of 30% allowed. This means that if your paper
goes beyond 30%, the students will either opt to redo her/his
paper or explain in writing addressed to the course coordinator
the reasons for the similarity. In addition, if the paper has
reached more than 30% similarity index, the student may be
called for a disciplinary action in accordance with the
University’s OPM on Intellectual and Academic Honesty.

Please note that academic dishonesty such as cheating and

commissioning other students or people to complete the task for
you have severe punishments (reprimand, warning, expulsion).

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Penalties for Late The score for an assessment item submitted after the
Assignments/Assessments designated time on the due date, without an approved
extension of time, will be reduced by 5% of the possible
maximum score for that assessment item for each day or part
day that the assessment item is late.

However, if the late submission of assessment paper has a

valid reason, a letter of explanation should be submitted and
approved by the course coordinator. If necessary, you will
also be required to present/attach evidences.

Return of Assignments/ Assessment tasks will be returned to you two (2) weeks after
Assessments the submission. This will be returned by email or via Blackboard
portal.

For group assessment tasks, the course coordinator will require

some or few of the students for online or virtual sessions to ask
clarificatory questions to validate the originality of the
assessment task submitted and to ensure that all the group
members are involved.
Assignment Resubmission You should request in writing addressed to the course coordinator
his/her intention to resubmit an assessment task. The
resubmission is premised on the student’s failure to comply with
the similarity index and other reasonable grounds such as
academic literacy standards or other reasonable circumstances
e.g. illness, accidents financial constraints.

Re-marking of Assessment You should request in writing addressed to the program

Papers and Appeal coordinator your intention to appeal or contest the score given
to an assessment task. The letter should explicitly explain the
reasons/points to contest the grade. The program coordinator
shall communicate with the students on the approval and
disapproval of the request.

If disapproved by the course coordinator, you can elevate your

case to the program head or the dean with the original letter of
request. The final decision will come from the dean of the
college.

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Grading System
Preferred Referencing Style
Student Communication
Contact Details of the Dean
Contact Details of the Program
Head
All culled from BlackBoard sessions and traditional
contact
Course discussions/exercises – 30%
1st formative assessment – 10%
2nd formative assessment – 10%
3rd formative assessment – 10%
All culled from on-campus/onsite sessions (TBA):
Final exam – 40%
Submission of the final grades shall follow the usual
University system and procedures.
Depends on the discipline; if uncertain or inadequate, use the
general practice of the APA 6th Edition.
You are required to create a umindanao email account which
is a requirement to access the BlackBoard portal. Then, the
course coordinator shall enroll the students to have access to
the materials and resources of the course. All communication
formats: chat, submission of assessment tasks, requests etc.
shall be through the portal and other university recognized
platforms.
You can also meet the course coordinator in person through
the scheduled face to face sessions to raise your issues and
concerns.
For students who have not created their student email, please
contact the course coordinator or program head.
Dr. Carmelita B. Chavez
Email: carmelita_chavez@umindanao.edu.ph
Phone: 082-3050640
Dr. Roberto R. Magbojos
Email: roberto_magbojos@umindanao.edu.ph
Phone: 082-3050640
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 Students with Special Needs Students with special needs shall communicate with the course
coordinator about the nature of his or her special needs.
Depending on the nature of the need, the course coordinator with
the approval of the program coordinator may provide alternative
assessment tasks or extension of the deadline of submission of
assessment tasks. However, the alternative assessment tasks
should still be in the service of achieving the desired course
learning outcomes.

Online Tutorial Registration You are required to enroll in a specific tutorial time for
this course via the ccje@umindanao.edu.ph. Please note
that there is a deadline for enrollment to the tutorial.

Help Desk Contact blackboardclass@umindanao.edu.ph

Library Contact Brigida A. Bacani
09513766681
Email: library@umindanao.edu.ph

Course Information – see/download course syllabus in the Black Board

CC’s Voice: Hello prospective criminologists! Welcome to this course CRI 228- Environmental
Law and Protection and Investigation. By now, I am confident that you really
wanted to become criminologists and that you have visualized yourself already
practicing your respective professions.

CO Before the actual practice of your professions, you must deal with knowledge
essential to the protection of the environment. Apply knowledge on the provisions
of laws on the environment and biodiversity conservation. You also must Identify
illegal acts on wildlife and apply procedures on the enforcement of laws. Prepare
OPLAN for enforcement of laws against illegal acts on wildlife.

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Unit Learning Outcome (ULO): At the end of this chapter, you are expected to;
1. to identify and explain the laws governing the environment and biodiversity conservation.
This includes the topic on the constitutional provisions on biodiversity/ or environment; basic
laws on natural resources, biodiversity, wildlife, and ecosystem. You are also expected to
critically analyze the Philippine environmental policy, establishment, and management of
protected areas and their purposes, implications of protected areas on biodiversity
conservation. Moreover, you are expected to explain the conservation status of Philippine
flora and fauna and our marine species.
2. Discuss the basic legal and constitutional concepts that underpin Philippine natural
resources and environmental law. Explain the natural resources and environmental law
governance system of the Philippines and understand the role of key government agencies
and other actors in the system.
3. Effectively communicate orally and in writing the provisions of the laws on the environment
and biodiversity conservation as well as their corresponding penalties. Moreover, you are
also expected to discuss the conservation and protection of wildlife resources as well as
protection of the welfare of animals and regulating the establishment and operation of
breeding of wildlife as well as the trade of animals.
4. Discuss climate change as well as terms in connection to climate change. Explain the
causes of climate change and the Philippine policy on climate change. Analyze the National
Climate Change Action Plan as well as the components of the Plan. Furthermore, this
assessment task is designed for you to critically analyzed the role of LGUs in mitigating
effects of climate change and discuss the role of national government agencies in climate
change mitigation and adaptation.
5. Explain knowledge on specific areas of Philippine natural resources and environmental
law; learn and apply legal remedies available for environmental cases using the new rules
of procedure; appreciate the linkage between national laws and international environmental
laws; and acquire knowledge on specific international environmental issues such as climate
change and biological diversity, among others.
6. Analyze the biodiversity of applicable laws on wildlife conservation. This includes the topic
of prevention, control, and abatement of pollution in the country's water resources, national
program on national quality management, use of economic instruments for the protection of
water resources.

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Metalanguage
The most essential terms relevant to the study of this course and to demonstrate ULOa are
operationally defined to establish a common frame of reference as to how the texts work in
the course. You will encounter these terms as we go through the study of course. Hence, to
be able to fully appreciate the topics presented in this course, unlocking the meaning of these
terms is crucial.

Public forest - is the mass of lands of the public domain which has not been the subject of the
present system of classification for the determination of which lands are needed for forest
purposes and which are not.
Permanent forest or forest reserves - refers to those lands of the public domain which have
been the subject of the present system of classification and declared as not needed for forest
purposes.
Alienable and disposable lands refer to those lands of the public domain which have been
the subject of the present system of classification and declared as not needed for forest
purposes.
Marine park refers to any public offshore area delimited as habitat of rare and unique species
of marine flora and fauna.
Seashore park refers to any public shore area delimited for outdoor recreation, sports fishing,
water skiing and related healthful activities.
Forest products means timber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil,
honey, beeswax, nipa, rattan, or other forest growth such as grass, shrub, and flowering plant,
the associated water, fish, game, scenic, historical, recreational and geologic resources in
forest lands.

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 Essential Knowledge

To perform the aforesaid big picture (unit learning outcomes) for the first three (3) weeks of
the course, you need to fully understand the following essential knowledge that will be laid
down in the succeeding pages. Please note that you are not limited to exclusively refer to
these resources. Thus, you are expected to utilize other books, research articles and other
resources that are available in the university’s library e.g. ebrary, search.proquest.com etc.

PRESIDENTIAL DECREE NO. 705

“Revised Forestry Code of the Philippines.”

Definition of Terms:
Forest lands includes the public forest, the permanent forest or forest reserves, and forest
reservations.
Grazing land refers to that portion
of the public domain which has
been set aside, in view of the
suitability of its topography and
vegetation, for the raising of
livestock.
Mineral lands refer to those lands
of the public domain which have
been classified as such by the
Secretary of Natural Resources in
accordance with prescribed and
approved criteria, guidelines, and
procedure.

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Forest reservations refer to forest lands which have been reserved by the President of the
Philippines for any specific purpose or purposes.
National park refers to a forest land reservation essentially of primitive or wilderness character
which has been withdrawn from settlement or occupancy and set aside as such exclusively to
preserve the scenery, the natural and historic objects and the wild animals or plants therein,
and to provide enjoyment of those features in such a manner as will leave them unimpaired for
future generations.
Game refuge or bird sanctuary refers to a forest land designated for the protection of game
animals, birds and fish and closed to hunting and fishing in order that the excess population
may flow and restock surrounding areas.
Dipterocarp forest is a forest dominated by trees of the dipterocarp species, such as red
lauan, tanguile, tiaong, white lauan, almon, bagtikan and mayapis of the Philippine mahogany
group, apitong and the yakals.
Pine forest as a forest type predominantly of pine trees.
Industrial tree plantation refers to any forest land extensively planted to three crops primarily
to supply raw material requirements of existing or proposed wood processing plants and related
industries.
Tree farm refers to any small forest land or tract of land purposely planted to tree crops.
Agro-forestry is a sustainable management for land which increases overall production,
combines agriculture crops, tree crops and forest plants and/or animals simultaneously or
sequentially, and applies management practices which are compatible with the cultural
patterns of the local population.

Organization and Jurisdiction of the Bureau

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Creation of, and Merger of all Forestry Agencies into, the Bureau of Forest
Development. – For the purpose of implementing the provisions of this Code, the Bureau
of Forestry, the Reforestation Administration, the Southern Cebu Reforestation
Development Project, and the Parks and Wildlife Office, including applicable
appropriations, records, equipment, property and such personnel as may be necessary,
are hereby merged into a single agency to be known as the Bureau of Forest
Development, hereinafter referred to as the Bureau.

Jurisdiction of Bureau. – The Bureau shall have jurisdiction and authority over all forest
land, grazing lands, and all forest reservations including watershed reservations presently
administered by other government agencies or instrumentalities.

It shall be responsible for the protection, development, management, regeneration, and

reforestation of forest lands; the regulation and supervision of the operation of licensees,
lessees and permittees for the taking or use of forest products therefrom or the occupancy
or use thereof; the implementation of multiple use and sustained yield management in
forest lands; the protection, development and preservation of national parks, marine
parks, game refuges and wildlife; the implementation of measures and programs to
prevent kaingin and managed occupancy of forest and grazing lands; in collaboration with
other bureaus, the effective, efficient and economic classification of lands of the public
domain; and the enforcement of forestry, reforestation, parks, game and wildlife laws,
rules, and regulations.

Director and Assistant Director and their Qualifications. – The Bureau shall be
headed by a Director, who shall be assisted by one or more Assistant Directors. The
Director and Assistant Directors shall be appointed by the President.
No person shall be appointed Director or Assistant Director of the Bureau unless he is a
natural born citizen of the Philippines, at least 30 years of age, a holder of at least a
Bachelor’s Degree in Forestry or its equivalent, and a registered forester.

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Supervision and Control. – The Bureau shall be directly under the control and
supervision of the Secretary of the Department of Natural Resources, hereinafter referred
to as the Department Head.

Review. – All actions and decisions of the Director are subject to review, motu propio or
upon appeal of any person aggrieved thereby, by the Department Head whose decision
shall be final and executory after the lapse of thirty (30) days from receipt by the aggrieved
party of said decision, unless appealed to the President in accordance with the Executive
Order No. 19, series of 1966. The Decision of the Department Head may not be reviewed
by the courts except through a special civil action for certiorari or prohibition.

Rules and Regulations. – The Department Head, upon the recommendation of the
Director of Forest Development, shall promulgate the rules and regulations necessary to
implement effectively the provisions of this Code.

Creation of Functional Divisions, and Regional and District Offices. – All positions
in the merged agencies are considered vacant. Present occupants may be appointed in
accordance with a staffing pattern or plan of organization to be prepared by the Director
and approved by the Department Head. Any appointee who fails to report for duty in
accordance with the approved plan within thirty (30) days upon receipt of notification shall
be deemed to have declined the appointment, in which case the position may be filed by
any other qualified applicant.

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 Republic Act No. 7586
“National Integrated Protected Areas System Act of 1992”.

Cognizant of the profound impact of man’s activities on all components of the natural
environment particularly the effect of increasing population, resource exploitation and
industrial advancement and recognizing the critical importance of protecting and
maintaining the natural biological and physical diversities of the environment notably on
areas with biologically unique features to sustain human life and development, 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 generations the perpetual existence of all native plants and
animals through the establishment of a comprehensive system of integrated protected
areas within the classification of national park as provided for in the Constitution.
It is hereby recognized that these areas, although distinct in features, possess common
ecological values that may be incorporated into a holistic plan representative of our
natural heritage; that effective administration of this area is possible only through
cooperation among national government, local government and concerned private
organizations; that the use and enjoyment of these protected areas must be consistent
with the principles of biological diversity and sustainable development.
To this end, there is hereby established a National Integrated Protected Areas System
(NIPAS), which shall encompass outstandingly remarkable areas and biologically
important public lands that are habitats of rare and endangered species of plants and

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animals, biogeographic zones and related ecosystems, whether terrestrial, wetland or
marine, all of which shall be designated as “protected areas”.

Categories – The following categories of protected areas are hereby established:

a. Strict nature reserve.

b. Natural park.

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c. Natural monument.

d. Wildlife sanctuary.

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e. Protected landscapes and seascapes.

f. Resource reserve.

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 g. Natural biotic areas; and

h. Other categories established by law, conventions, or international agreements

which the Philippine Government is a signatory.

Definition of Terms – For purposes of this Act, the following terms shall be defined as follows:
“National Integrated Protected Areas System (NIPAS)” is the classification and
administration of all designated protected areas to maintain essential ecological processes
and life-support systems, to preserve genetic diversity, to ensure sustainable use of resources
found therein, and to maintain their natural conditions to the greatest extent possible;
“Protected Area” refers to identified portions of land and water set aside by reason of their
unique physical and biological significance, managed to enhance biological diversity, and
protected against destructive human exploitation.

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“Buffer zones” are identified areas outside the boundaries of and immediately adjacent to
designated protected areas pursuant to Section 8 that need special development control to
avoid or minimize harm to the protected area.
“Indigenous cultural community” refers to a group of people sharing common bonds of
language, customs, traditions, and other distinctive cultural traits and who have since time
immemorial, occupied, possessed, and utilized a territory.
“National park” refers to a forest reservation essentially of natural wilderness character
which has been withdrawn from settlement, occupancy or any form of exploitation except in
conformity with approved management plan and set aside as such exclusively to conserve
the area or preserve the
scenery, the natural and
historic objects, wild animals
and plants therein and to
provide enjoyment of these
features in such areas;
“Natural monuments” is a
relatively small area focused
on protection of small
features to protect or
preserve nationally
significant natural features
on account of their special
interest or unique characteristics.
“Natural biotic area” is an area set aside to allow the way of life of societies living in harmony
with the environment to adapt to modern technology at their pace.
“Natural park” is a relatively large area not materially altered by human activity where
extractive resource uses are not allowed and maintained to protect outstanding natural and
scenic areas of national or international significance for scientific, educational, and
recreational use.
“Protected landscapes/seascapes” are areas of national significance which are
characterized by the harmonious interaction of man and land while providing opportunities for
public enjoyment through the recreation and tourism within the normal lifestyle and economic
activity of these areas.
“Resource reserve” is an extensive and relatively isolated and uninhabited area normally
with difficult access designated as such to protect natural resources of the area for future use.

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 “Strict nature reserve” is an area possessing some outstanding ecosystem, features and/or
species of flora and fauna of national scientific importance maintained to protect nature and
maintain processes in an undisturbed state in order to have ecologically representative
examples of the natural environment available for scientific study, environmental monitoring,
education, and for the maintenance of genetic resources in a dynamic and evolutionary state;
“Tenured migrant communities” are communities within protected areas which have
actually and continuously occupied such areas for five (5) years before the designation of the
same as protected areas in accordance with this Act and are solely dependent therein for
subsistence; and
“Wildlife sanctuary” comprises an area
which assures the natural conditions necessary to
protect nationally significant species, groups of
species, biotic communities, or physical features of
the environment where these may require specific
human manipulations for their perpetuation.

SECTION 20. 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:
a. Hunting, destroying, disturbing, or mere possession of any plants or animals or
products derived therefrom without a permit from the Management Board.
b. Dumping of any waste products detrimental to the protected area, or to the plants
and animals or inhabitants therein.
c. Use of any motorized equipment without a permit from the Management Board.
d. Mutilating, defacing, or destroying objects of natural beauty, or objects of interest
to cultural communities (of scenic value).
e. Damaging and leaving roads and trails in a damaged condition.
f. Squatting, mineral locating, or otherwise occupying any land.
g. Constructing or maintaining any kind of structure, fence, or enclosures, conducting
any business enterprise without a permit.
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h. Leaving in exposed or unsanitary conditions refuse or debris, or depositing in
ground or in bodies of water; and
i. Altering, removing destroying or defacing boundary marks or signs.

SECTION 21. Penalties. – Whoever violates this Act or any rules and regulations
issued by the Department pursuant to this Act or whoever is found guilty by a competent
court of justice of any of the offenses in the preceding section shall be fined in the amount
of not 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 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
be required to restore or
compensate for the
restoration to the damages:
Provided, further, that 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 corporation, the president or manager shall be directly
responsible for the act of his employees and laborers: Provided, finally, that the DENR may
impose administrative fines and penalties consistent with this Act.

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 REPUBLIC ACT No. 11038
"Expanded National Integrated Protected Areas System Act of 2018"

"It is hereby recognized that these areas, although distinct in features, possess common
ecological values that may be incorporated into a holistic plan to conserve and protect
our natural heritage; that effective administration of these areas is possible only through
cooperation among the national government, local governments, concerned
nongovernment organizations, private organizations, and local communities; that the use
and enjoyment of these protected areas much be consistent with the principles of
biological diversity and sustainable development.
"To this end, there is hereby established a National Integrated Protected Areas System
(NIPAS), which shall encompass ecologically rich and unique areas and biologically
important public lands that are habitats of rare and threatened species of plants and
animals, biogeographic zones and related ecosystems, whether terrestrial, wetland or
marine, all of which shall be designated as 'protected areas'. The System shall recognize
conservation areas and the management regimes being implemented by local
government units (LGUs), local communities and indigenous peoples (IPs).
"The State shall ensure the full implementation of this Act, the mobilization of resources
for the institutional mechanisms herein established, and the full scientific and technical
support needed for the conservation of biodiversity and the integrity of the ecosystems,
culture and indigenous practices."

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Section 3. Section 4 of Republic Act No. 7586 is hereby amended to read as follows:
"Sec. 4. Definition of Terms. - For purpose of this Act, the following terms shall be defined
as follows:
"(a) Biological diversity or biodiversity refers to the variability among the living
organisms from all sources including, inter alia, terrestrial, marine and other aquatic
ecosystems and the ecological complexes of which they are part; this includes diversity
within species, between species and of ecosystems;
"(b) Bioprospecting refers to the research, collection, and utilization of biological and
genetic resources for purposes of applying the knowledge derived therefrom solely for
commercial purposes.
"(c) Buffer zones refers to identified areas outside the boundaries of and immediately
adjacent to designated protected areas that need special development control to avoid or
minimize harm to the protected area.
"(d) By-products or Derivatives refers to parts
taken, or substances extracted from wildlife, in raw
or in processed form.
"(e) Collecting refers to the act of gathering or
harvesting wildlife and its by-products or
derivatives.
"(f) Conveyance refers to every kind of vessel,
including motorized or nonmotorized vehicles, no
displacement crafts and seaplanes that are used
or may be used as a means of transportation on
land or water. It shall include everything found therein except personal effects.
"(g) Delineation refers to the actual ground survey of the boundaries of protected areas
and their buffer zones and management and management zones using the global
positioning system (GPS) or other applicable survey instruments and technologies, with
the intention of producing a map of the area;
"(h) Demarcation refers to the establishment of the boundaries of protected areas and
their buffer zones using visible markers, monuments, buoys in case of marine areas, and
known natural features and landmarks, among others, as a result of the actual ground
delineation;
"(i) Ecosystem goods and services refers to the multitude of material and nonmaterial
provisions and benefits from healthy ecosystems necessary for human sustenance, well-

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being, and survival including support processes, provisioning and environment regulating
services, and cultural resource preservation services.
"(j) Endemic species refers to the species or subspecies of flora and fauna which are
naturally occurring and found within specific areas in the country.

"(k) Exotic species refer to the species or subspecies of flora and fauna which do not
naturally occur within the protected area at present or in historical time.

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"(l) Exploration refers to the act of searching or prospecting for mineral resources, as
defines by law, by geological, geochemical or geophysical surveys, remote sensing, test
pitting, trenching, drilling, shaft sinking, tunneling, or any other means, for the purpose of
determining the existence, extent, quantity, and quality of resources in an area, and the
feasibility of utilizing these resources for profit;
"(m) Gear refers to any instrument or device and its accessories utilized in taking,
catching gathering, killing, hunting, destroying, disturbing, removing, or possessing
resources within the protected area.
"(n) Genitically modified organism (GMO) refers to any living organism that possesses
a novel combination of genetic material using modern biotechnology.
"(o) Hunting refers to the killing or catching of wild fauna for food and recreational
purposes, with the use of weapons such as guns, bow and arrow, spears, traps and
snares, and the like.
"(p) Indigenous Cultural Community (ICC)/Indigenous People (IP) refers to a group
of people sharing common bonds of language, customs traditions, and other distinctive
cultural traits, and who have, since time immemorial occupied, possessed and utilized a
territory;
"(q) Integrated Protected Area Fund (IPAF) refers to the special account established
for the purpose of financing projects of the NIPAS and individual protected areas.
"(r) Invasive alien species refers to species introduced deliberately or unintentionally
outside their natural habitats where they have the ability to establish themselves, invade,
outcompete native species, and take over the new environment.
"(s) Kaingin refers to the slash-and-burn cultivation of vegetated land in a protected
area, whether occupied or not, shifting, and permanent with little or no provision to prevent
soil erosion.
"(t) Multiple-use zone refers to the area where settlement, traditional and sustainable
land use including agriculture, agroforestry, extraction activities, and income generating
or livelihood activities, and may be allowed to the extent prescribed in the protected area
management plan;
"(u) National Integrated Protected Areas System (NIPAS) refers to the classification
and administration of all designated protected areas to maintain essential ecological
processes and life-support systems, to preserve genetic diversity, to ensure sustainable
use of resources found therein, and to maintain their natural conditions to the greatest
extent possible;
"(v) National park refers to the lands of the public domain classified as such in the
Constitution which include all areas under the NIPAS pursuant to this Act, primarily
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designated for the conservation of native plants and animals, their associated habitats
and cultural diversity;
"(w) Natural biotic area refers to an area set aside to allow the way of life of societies
living in harmony with the environment to adapt to modern technology at their pace.
"(x) Natural monument refers to a relatively small area focused on the protection of
small features to protect or preserve nationally significant natural features on account of
their special interest or unique characteristics.
"(y) Natural park refers to a relatively large area not materially altered by human activity
where extractive resources use not allowed and is maintained to protect outstanding
natural and scenic areas of national or international significance for scientific, educational,
recreational use;
"(z) Occupying refers to a continuous stay of individuals or groups within a protected
area, whether residing or engaging in the cultivation of land or fishing for more that twenty-
four (24) hours.
"(aa) Poaching refers to gathering, collecting, or possessing products or natural
resources from the protected area by any individual person, corporation or entity whether
local or foreign; in the case of marine protected areas, operating any foreign fishing
vessels by any person, corporation , or entity without a permit;

"(bb) Protected area refers to identified portions of land and/or water set aside by reason
of their unique physical and biological diversity and protected against destructive human
exploitation.
"(cc) Protected Area Occupants refers to persons who are residing, utilizing, and
cultivating areas within the protected area.1âwphi1 These include private owners, IPs,
tenured migrants and informal settlers.

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"(dd) Protected Area Retained Income Account refers to the trust fund maintained by
any protected area and administered by the respective Protected Area Management
Boards (PAMB) created pursuant to this Act representing the seventy-five percent (75%)
of revenues generated from the protected area to sipport its operation and management;
"(ee) Protected landscapes and/or seascapes refer to areas of national significance
which are charactertized by the harmanonious interaction of man and land and water
while providing opportunities for public enjoyment through recreation, tourism, and other
economic activities.
"(ff) Protected species refers to plants or animals declared protected under Philippine
laws, rules, and regulations. These shall include all species listed under the Convention
on International Trade in Endangered Species of Wild Fauna and Flora and all its
Annexes, the Convention on the Conservation of Migratory Species (CMS), those
specified under the red-list categories of the International Union for Conservation of
Nature and Natural Resources (DENR), PAMB or any government agency may deem
necessary for conservation and preservation in the protected area;
"(gg) Quarrying refers to the
process of extracting, removing,
and disposing sand gravel, guano,
limestone, and all other resources
used as building and construction
materials that are found within the
protected area.

"(hh) Resource reserve refers to

an extensive, relatively isolated,
and uninhabited area which is
difficult to access and is designated to protect the natural resources of the area for future
use and prevent or contain development activities that could affect the resources, pending
the establishment of sustainable resources utilization goals which are based upon
appropriate information and planning;

"(ii) Special Account in the General Fund (SAGF) refers to the trust fund deposited in
the national treasury representing the twenty-five percent (25%) of the revenues

25
generated from the operation of individual protected area and earmarked to support the
NIPAS;
"(jj) Strict nature reserve refers to an area possessing some outstanding ecosystem,
features, and species of flora and fauna of national scientific importance that should be
maintained to protect and to preserve nature in its undisturbed state and to preserve
nature in its undisturbed state and to preserve ecologically representative examples of
the natural environment to ensure their availability for scientific study, environmental to
ensure their availability for scientific study, environmental monitoring, education, and for
the for the maintenance of genetic resources in a dynamic and evolutionary state;
"(kk) Tenure migrants refer to protected area occupants who have been actually,
continuously and presently occupants who
have been actually, continuously and
presently occupying a portion of the
protected area for five (5) years before the
proclamation or law establishing the same
as a protected area, and are solely
dependent therein for subsistence;
"(ll) Threatened species refer to
species or subspecies considered critically
endangered, vulnerable, or other accepted
categories of wildlife whose population is
at risk of extinction.
"(mm) Wetlands refers to wide
variety of inland habitats such as marshes,
peatlands, floodplains, rivers and lakes,
and coastal areas such as saltmarshes,
mangroves, intertidal mudfats and
seagrass beds, and also coral reefs and
other marine areas no deeper than six (6)
meters at low, as well as human-made
wetlands such as dams, reservoirs, rice
paddies and wastewater treatment ponds
and lagoons;
"(nn) Wildlife refers to the wild
forms and varieties of flora and fauna, in

26
all developmental stages, including those who which are in capacity or are being bred,
fed, or propagated; and
"(oo) Wildlife Sanctuary. - refers to an area which assures the natural conditions
necessary to protect nationally significant species, group of species, biotic communities
or physical features of the environment which may require specific human manipulations
for their perpetuation."

Section 4. Section 5 of Republic Act No. 7586 is hereby amended to read as follows:
"Sec. 5. Establishment and Extent of the System. - The establishment and
operationalization of the System shall involve the following:
(a) All areas or islands in the Philippines proclaimed, designated or set aside, pursuant
to a law, presidential decree, presidential proclamation or executive order as national
park, game refuge, bird and wildlife sanctuary, wilderness area, strict nature reserve,
watershed, mangrove reserve, fish sanctuary, natural and historical landmark, protected
and managed landscape/seascape as well as old growth forests identified before the
effectivity of this Act or still to be identified, are hereby designated as initial components
of the System. The initial components of the System shall be governed by existing laws,
rules, and regulations, not inconsistent with this Act.
"(a.1.) Establishment as Protected Areas. - Aside from the areas already declared as
protected areas through acts of Congress, the following parcels of land and/or bodies of
water are hereby established as protected areas within the classification of national park
pursuant to the Philippine Constitution:
Example:

Area
Region Protected Area Province
(Has.)

1 Kalbario-Patapat Natural Park Ilocos Norte 3,903.19

1
2 Libunao Protected Landscape Ilocos Norte 47.15

27
 3 Bessang Pass Natural Ilocos Sur 581.05
Monument/Landmark

"The boundaries and technical description of each protected area as described in the
attached Annex, which are duly certified accurate on every page thereof by the National
Mapping and Resource Information Authority (NAMRIA) are hereby adopted and made
an integral part thereof.
"The DENR, with the assistance of other government agencies, if necessary, shall
delineate and demarcate on the ground the boundaries of each protected area which shall
not be modified except by an act of Congress.
"(a.2.) The Remaining Initial Components. - Within three (3) years from the effectivity of
this Act, the DENR shall undertake the following activities in preparation for the
establishment of the remaining initial components as protected areas through an act of
Congress:

Section 19. Section 21 of Republic Act No. 7586 is hereby amended to read as follows:
"Sec. 21. Penalties. - Violation under this Act shall be subject to the following penalties:
"(a) A fine of not less than Two hundred thousand pesos (P200,000) but not more than
One million pesos (P1,000,000) or imprisonment from one (1) year but not more than six
years, or both, plus damages of triple the value of the said resources, or both, shall be
imposed upon any person who violates paragraphs (a) to (e) of Section 20 herein;
"(b) A fine of not less than Two hundred thousand pesos (200,000) but not more than
One million pesos (P1,000,000) or imprisonment from one (1) year but not more than six
years, or both, shall be imposed upon any person who violates paragraphs (f) to (p) of
Section 20 herein;
"(d) A fine of Fifty thousand pesos (P50,000) daily shall be imposed on the owner of
existing facilities within a protected area under Section 24 of this Act, if the existence of
the same and its future plans and operations will be detrimental to the protected area. For
every continuing violation, or if the violation continues to be committed for thirty (30) days
and upon reaching a total fine of Five hundred thousand pesos (P500,000), the PAMB
through the PASU and other deputized government entities, shall cause the cessation of

28
operation and either forfeit in favor of the PAMO or demolish the facility at the cost of its
owner. If the facility is government-owned, the agency in change shall submit a plan for
a substitute facility that complies with the protected area standards and, within one (1)
year, execute the approved protected area management plan.
"(e) Administrative fines of not less than Fifty thousand pesos (P50,000), but not
exceeding Five million pesos (P5,000,000), shall be imposed by the DENR Secretary for
the violation of any rule, regulation, or provision of any agreement reached with the
PAMB: Provided, That if an area which has sustained damage from any activity
conducted therein requires rehabilitation or restoration as determined by the court, the
offender shall be required to restore of pay compensation for damage, which payment
shall accrue to the IPAF.
"On the basis of a court order, the DENR shall cause the eviction of an offender from the
protected area: Provided, That in cases of emergency, the DENR Secretary may order
the immediate exit or departure the offender from the protected area. The DENR
Secretary may call on other enforcement agencies to assist in executing the order to
vacate.
"An emergency occurs when there is a demonstrated impending threat to human life and
biodiversity or to species found within yje ecosystem of the protected area.1âwphi1
"All minerals, timber or species collected or removed from the protected area, including
all equipment, devices, conveyances, and firearms used in connection therewith, shall be
forfeited in favor of the government, and any construction or improvement made thereon
by the offender shall be subject to confiscation by the PAMO, subject to the application
of due process.
"The conveyance, vessels, equipment, paraphernalia, implements, gears, tools, and
similar devices used in the commission of the crime shall de dealth with in accordance
with Part 4, Rule 12 (Custody and Disposition of Seized Items, Equipment, Paraphernalia,
Conveyance and Instruments) of Administrative Matter No. 09-6-8-SC (Rules of
Procedures for Environmental Cases) issued by the Supreme Court. However, in no case
shall any confiscated or rescued protected animal species be sold or in any manner
disposed of but shall be immediately turned over to the PAMO for rehabilitation and
release to its natural habitat, subject to existing regulations. Valuation of the damages
shall consider biodiversity and conservation considerations as well as aesthetic and
scenic value. The valuation and assessment by the DENR, in coordination with other
29
concerned government agencies, shall be presumed regular, unless otherwise proven by
the preponderance of evidence.
"If the offender is an association or corporation, the president or manager, who is proven
to have participated in or have actual knowledge of any violation against the provisions
of this Act shall be directly liable for the act of the employees and laborers: Provided,
finally, That the DENR may impose administrative fines and penalties consistent with this
Act.
"Any person who shall induce another or conspire to commit any of the acts prohibited in
this Act, or firce their workers to commit any of the same, shall be liable as principal.
"The penalties specified in this section shall be in addition to the penalties provided in
Republic Act No. 9072 or the National Caves and Cave Resources Management and
Protection Act', Republic Act No. 9147 or the 'Wildlife Resources Conservation and
Protection Act', Republic Act No. 8550 or the 'Philippine Fisheries Code of 1998' and other
related laws.
"The conviction of a public officer of the law whether from the LGU or any national
government agency for any violation of the provisions of this Act shall carry the accessory
penalty of perpetual; disqualification from public office."
Section 20. Insert twelve (12) new sections after Section 21 of Republic Act No. 7586 to
read as follows:
"Sec. 22. Existing Rights. - All property and private rights within the protected area and
its buffer zones already existing and/or vested upon the effectivity of this Act shall be
protected and respected in accordance with existing laws: Provided, That the exercise of
such property and private rights shall be harmonized, as far as practicable, with the
provisions of this Act. Notwithstanding this Act, all existing rights, contracts, or
agreements entered by government for utilization of natural resources within protected
areas shall continue to be recognized and governed by Philippine laws.
"The renewal of permits, contracts, and agreements shall be subject to the provisions of
this Act. If the permits, contracts, agreements are not renewed, such areas shall be
rehabilitated or restored by the permit holders within the period provided by the pertinent
laws and shall revert to the national park’s classification. As such, all holders of permits,
contracts, and agreements are required to prepare and submit a rehabilitation plan to the
PAMB: Provided, That upon renewal, a sufficient bond shall be remitted by the proponent
30
to the DENR to be released to the depository bank in the event of damage by a closure
of the establishment after satisfactory rehabilitation according to the zones and objectives
of the management plan as attested to by the PAMB.
"The occupation of the LGUs and communities within the protected area shall be
respected. Within ninety (90) days after the creation of the PAMB, the Board shall assess
the physical occupation of said LGUs and communities within protected areas and
recommend to proper authorities measures to ensure the protection of their well-being.
Municipalities and cities with existing townships and town centers within the protected
area shall continue to occupy such townships and town centers: Provided, That in the
development of their CLUPs and barangay development plans, due consideration shall
be given to the intended for conservation and biodiversity as well as the objectives for
protected areas to keep human habitation and environmental conservation in harmony."
"Sec. 23. Tenure Migrants and Other Protected Area Occupants. - Tenure migrants shall
be eligible to become stewards portions of lands within multiple-use zones, The PAMB
shall identify, verify and review all tenurial instruments, land claims, issuances of permits
for resource use within the protected area and recommend the issuance of the
appropriate tenure instrument consistent with the zoning provided in the management
plan and the provisions of this Act.
"Should areas occupied by tenured migrants be designated as zones in which no
occupation or other activities are allowed pursuant to the attainment of sustainable
development, the provision for the transfer of the tenure migrants to multiple-use zones
or buffer zones shall be accomplished through just and humane means: Provided, That
protected area occupants who are not qualified as tenured migrants shall be resettled
outside the protected area.
"The rights of the tenured migrants may be transferred only to the spouse or one of their
direct descendants listed at the time of the survey. "In the event of termination of a tenurial
instrument for cause or by voluntary surrender of rights, the PASU shall take immediate
steps to rehabilitate the area.
"Following the protected area occupants survey required under Section 5(c)(1) hereof,
the DENR Regional Director shall submit to the BMB within two (2) years from the
passage of this Act, the final list of tenured migrants, which shall be the basis for tenured
migrants recognition and issuance of tenurial instruments. Within the two (2)-year period,
the DENR Regional Director shall submit accomplishment report every 6 (6) months.
31
"The DENR through the BMB shall issue guidelines for the determination of the reckoning
period for the recognition of the tenured migrants."
"Sec 24. Existing Facilities Within the Protected Area. Within sixty (60) days from the
effectivity of this Act, an inventory of all existing facilities such as roads, buildings and
structures, water systems, transmission lines, communication facilities, heavy equipment,
and irrigation facilities, among others, within the protected area shall be conducted.
"The DENR Regional Director shall submit the inventory of the facilities with
corresponding descriptions and an assessment report containing the appropriate
recommendations to the DENR Secretary through the BMB.
"The PAMB, with the assistance of the DENR, may impose conditions for the continuous
operation of a facility found to be detrimental to the protected area until its eventual
relocation. If the conditions are violated, the owner of the facility shall be made liable
pursuant to Section 21 (d) hereof.
"Existing facilities allowed to remain within the protected area shall be charged a
reasonable fee by the PAMB based on existing guidelines. Structures found within the
forty (40)-meter easement shall be demolished unless proven necessary to protect the
shoreline and mitigate habitat destruction. The PAMB shall levy a reasonable fee for the
use of such easement for their continued operations. Wharves shall be kept accessible
to the public.
"Sec. 24. Special Uses Within Protected Areas. - Consistent with Section 2 hereof,
special uses may be allowed within protected area except in strict protection zones and
strict nature reserves. The PAMB mat recommend the issuance of tenurial instrument
subject to compliance to ECC and payment of corresponding user fee equivalent to five
percent (5%) of the zonal value of commercial land within the nearest barangay or
municipality where the project is located multiplied by the area of development plus one
percent (1%) value of improvement as premium: Provided, That the activity shall not be
detrimental to ecosystem functions and biodiversity, and cultural practices and traditions.
"A sufficient bond shall be remitted by the proponent to the DENR to be released to the
depository bank in the event of damage by or closure of the establishment after the
satisfactory rehabilitation according to the zones and objectives of the management plan
as attested by the PAMB."

32
 [REPUBLIC ACT No. 8550]
“The Philippine Fisheries Code of 1998.”
It is hereby declared the policy of the State to achieve food security as the overriding
consideration in the utilization, management, development, conservation, and protection
of fishery resources to provide the food needs of the population. A flexible policy towards
the attainment of food security shall be adopted in response to changes in demographic
trends for fish, emerging trends in the trade of fish and other aquatic products in domestic
and international markets, and the law of supply and demand; to limit access to the fishery
and aquatic resources of the Philippines for the exclusive use and enjoyment of Filipino
citizens; to ensure the rational and sustainable development, management and
conservation of the fishery and aquatic resources in Philippine waters including the
Exclusive Economic Zone (EEZ) and in the adjacent high seas, consistent with the
primordial objective of maintaining a sound ecological balance, protecting and enhancing
the quality of the environment;

SECTION 4. Definition of Terms.

Ancillary Industries — firms or companies related to the supply, construction and
maintenance of fishing vessels, gears, nets and other fishing paraphernalia; fishery
machine shops; and other facilities such as hatcheries, nurseries, feed plants, cold
storage and refrigeration, processing plants and other pre-harvest and post-harvest
facilities.
Appropriate Fishing Technology — adaptable technology, both in fishing and ancillary
industries, that is ecologically sound, locally source-based and labor intensive.
Aquaculture — fishery operations involving all forms of raising and culturing fish and
other fishery species in fresh, brackish, and marine water areas.
Aquatic Pollution — the
introduction by human or
machine, directly or indirectly, of
substances or energy to the
aquatic environment which result
or is likely to result in such
deleterious effects as to harm
living and non-living aquatic
33
resources, pose potential and/or real hazard to human health, hindrance to aquatic
activities such as fishing and navigation, including dumping/disposal of waste and other
marine litters, discharge of petroleum or residual products of petroleum or carbonaceous
materials/substances, and other, radioactive, noxious or harmful liquid, gaseous or solid
substances, from any water, land or air transport or other human-made structure.
Deforestation, unsound agricultural practices such as the use of banned chemicals and
excessive use of chemicals, intensive use of artificial fish feed, and wetland conversion,
which cause similar hazards and deleterious effects shall also constitute aquatic pollution.
Aquatic Resources — includes fish, all other aquatic flora and fauna and other living
resources of the aquatic environment, including, but not limited to, salt and corals.
Artificial Reefs — any structure of natural or man-made materials placed on a body of
water to serve as shelter and habitat, source of food, breeding areas for fishery species
and shoreline protection.
Catch Ceilings — refer to the annual catch limits allowed to be taken, gathered, or
harvested from any fishing area in consideration of the need to prevent overfishing and
harmful depletion of breeding stocks of aquatic organisms.
Closed Season — the period during which the taking of specified fishery species by a
specified fishing gear is prohibited in a specified area or areas in Philippine waters.
Coastal Area/Zone — is a band of dry land and adjacent ocean space (water and
submerged land) in which terrestrial processes and uses directly affect oceanic processes
and uses, and vice versa; its geographic extent may include areas within a landmark limit
of one (1) kilometer from the shoreline at high tide to include mangrove swamps, brackish
water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within a
seaward limit of 200 meters isobath to include coral reefs, algal flats, seagrass beds and
other soft-bottom areas.
Commercial Fishing — the taking of fishery species by passive or active gear for trade,
business & profit beyond subsistence or sports fishing, to be further classified as:
Small scale commercial fishing — fishing with passive or active gear utilizing fishing
vessels of 3.1 gross tons (GT) up to twenty (20) GT.
Medium scale commercial fishing — fishing utilizing active gears and vessels of 20.1
GT up to one hundred fifty (150) GT; and
Large commercial fishing — fishing utilizing active gears and vessels of more than one
hundred fifty (150) GT.
Commercial Scale — a scheme of producing a minimum harvest per hectare per year
of milkfish or other species including those raised in pens, cages, and tanks to be
determined by the Department in consultation with the concerned sectors.
34
 Coral — the hard-
calcareous substance made up of
the skeleton of marine coelenterate
polyps which include reefs, shelves,
and atolls or any of the marine
coelenterate animals living in
colonies where their skeletons form a
stony mass. They include: (a)
skeletons of anthozoan
coelenterates characterized as
having a rigid axis of compact
calcareous or horny spicules,
belonging to the genus corallium as
represented by the red, pink, and
white corals which are considered
precious corals; (b) skeletons of
anthozoan coelenterates characterized by thorny, horny axis such as the antipatharians
represented by the black corals which are considered semi-precious corals; and (c)
ordinary corals which are any kind of corals that are not precious nor semi-precious.
Coral Reef — a natural aggregation of coral skeleton, with or without living coral polyps,
occurring in intertidal and subtidal marine waters.
Demarcated Areas — boundaries defined by markers and assigned exclusively to
specific individuals or organizations for certain specified and limited uses such as:
o Aquaculture, sea ranching and sea farming.
o Fish aggregating devices.
o Fixed and passive fishing gears; and
o Fry and fingerlings gathering.

Department — shall mean the Department of Agriculture.

Electrofishing — the use of electricity generated by batteries, electric generators, and
other source of electric power to kill, stupefy, disable, or render unconscious fishery
species, whether the same are subsequently recovered.
Endangered Rare and/or Threatened Species — aquatic plants, animals, including
some varieties of corals and sea shells in danger of extinction as provided for in existing
fishery laws, rules and regulations or in the Protected Areas and Wildlife Bureau of the

35
Department of Environment and Natural Resources (DENR) and in the Convention on the
International Trade of Endangered Species of Flora and Fauna (CITES).
Exclusive Economic Zone (EEZ) — an area beyond and adjacent to the territorial sea
which shall not extend beyond 200 nautical miles from the baselines as defined under
existing laws.
FARMCs — the Fisheries and Aquatic Resources Management Councils.
Farm-to-Market Roads — shall include roads linking the fisheries production sites,
coastal landing points and other post-harvest facilities to major market and arterial roads
and highways.
Fine Mesh Net — net with mesh size of less than three centimeters (3 cm.) measured
between two (2) opposite knots of a full mesh when stretched or as otherwise determined
by the appropriate government agency.
Fish and Fishery/Aquatic Products — include not only finfish but also mollusks,
crustaceans, echinoderms, marine mammals, and all other species of aquatic flora and
fauna and all other products of aquatic living resources in any form.
Fish Cage — refers to an enclosure which is either stationary or floating made up of nets
or screens sewn or fastened together and installed in the water with opening at the
surface or covered and held in a place by wooden/bamboo posts or various types of
anchors and floats.
Fish Corral or “Baklad” — a stationary weir or trap devised to intercept and capture fish
consisting of rows of bamboo stakes, plastic nets and other materials fenced with split
bamboo mattings or wire mattings with one or more enclosures, usually with easy
entrance but difficult exit, and with or without leaders to direct the fish to the catching
chambers, purse or bags.
Fish fingerlings — a stage in the life cycle of the fish measuring to about 6-13 cm.
depending on the species.
Fish fry — a stage at which a fish has just been hatched usually with sizes from 1-2.5
cm.
Fish pen — an artificial enclosure constructed within a body of water for culturing fish
and fishery/aquatic resources made up of poles closely arranged in an enclosure with
wooden materials, screen, or nylon netting to prevent escape of fish.
Fisherfolk — people directly or personally and physically engaged in taking and/or
culturing and processing fishery and/or aquatic resources.
Fisherfolk Cooperative — a duly registered association of fisherfolk with a common
bond of interest, who have voluntarily joined together to achieve a lawful common social
or economic end, making equitable contribution to the capital requirement and accepting
36
a fair share of the risks and benefits of the undertakings in accordance with universally
accepted cooperative principles.
Fishworker — a person regularly or not regularly employed in commercial fishing and
related industries, whose income is either in wage, profit-sharing or stratified sharing
basis, including those working in fish pens, fish cages, fish corrals/traps, fishponds, prawn
farms, sea farms, salt beds, fish ports, fishing boat or trawlers, or fish processing and/or
packing plants. Excluded from this category are administrators, security guards and
overseers.
Food Security — refers to any plan, policy or strategy aimed at ensuring adequate
supplies of appropriate food at affordable prices. Food security may be achieved through
self-sufficiency (i.e. ensuring adequate food supplies from domestic production), through
self-reliance (i.e. ensuring adequate food supplies through a combination of domestic
production and importation), or through pure importation.
Foreshore Land — a string of land margining a body of water; the part of a seashore
between the low-water line usually at the seaward margin of a low tide terrace and the
upper limit of wave wash at high tide usually marked by a beach scarp or berm.
Fully-developed Fishpond Area — a clean leveled area enclosed by dikes, at least one
foot higher than the highest floodwater level in the locality and strong enough to resist
pressure at the highest flood tide; consists of at least a nursery pond, a transition pond,
a rearing pond or a combination of any or all said classes of ponds, and a functional water
control system and producing in a commercial scale.
Gross Tonnage — includes the underdeck tonnage, permanently enclosed spaces
above the tonnage deck, except for certain exemptions. In broad terms, all the vessel’s
‘closed-in’ spaces expressed in volume terms on the bases of one hundred cubic feet
(that equals one gross ton).
Inland Fishery — the freshwater fishery and brackishwater fishponds.
Lake — an inland body of water, an expanded part of a river, a reservoir formed by a
dam, or a lake basin intermittently or formerly covered by water.
Limited Access — a fishery policy by which a system of equitable resource and
allocation is established by law through fishery rights granting and licensing procedure as
provided by this Code.
Mangroves — a community of intertidal plants including all species of trees, shrubs,
vines, and herbs found on coasts, swamps, or border of swamps.
Maximum Sustainable Yield (MSY) — is the largest average quantity of fish that can be
harvested from a fish stocks/resource within a period (e.g. one year) on a sustainable
basis under existing environmental conditions.
37
 Migratory species — refers to any fishery species which in the course of their life could
travel from freshwater to marine water or vice versa, or any marine species which travel
over great distances in waters of the ocean as part of their behavioral adaptation for
survival and speciation:
▪ Anadromous species — marine fishes which migrate to freshwater areas to spawn.
▪ Catadromous species — freshwater fishes which migrate to marine areas to spawn.
Monitoring, control, and surveillance —
o Monitoring — the requirement of continuously observing: (1) fishing effort which can be
expressed by the number of days or hours of fishing, number of fishing gears and number
of fisherfolk; (2) characteristics of fishery resources; and (3) resource yields (catch);
o Control — the regulatory conditions (legal framework) under which the exploitation,
utilization and disposition of the resources may be conducted; and
Municipal fisherfolk — persons who are directly or indirectly engaged in municipal
fishing and other related fishing activities.
Municipal fishing — refers to fishing within municipal waters using fishing vessels of
three (3) gross tons or less, or fishing not requiring the use of fishing vessels.
Municipal waters — include not only streams, lakes, inland bodies of water and tidal
waters within the municipality which are not included within the protected areas as defined
under Republic Act No. 7586 (The NIPAS Law), public forest, timber lands, forest
reserves or fishery reserves, but also marine waters included between two (2) lines drawn
perpendicular to the general coastline from points where the boundary lines of the
municipality touch the sea at low tide and a third line parallel with the general coastline
including offshore islands and fifteen (15) kilometers from such coastline. Where two (2)
municipalities are so situated on opposite shores that there is less than thirty (30)
kilometers of marine waters between them, the third line shall be equally distant from
opposite shore of the respective municipalities.
Non-governmental organization (NGO) — an agency, institution, a foundation or a
group of persons whose purpose is to assist peoples organizations/associations in
various ways including, but not limited to, organizing, education, training, research and/or
resource accessing.
Payao — a fish aggregating device consisting of a loating raft anchored by a weighted
line with suspended materials such as palm fronds to attract pelagic and schooling
species common in deep waters.
Pearl Farm Lease — public waters leased for the purpose of producing cultured pearls.
People’s Organization — a bona fide association of citizens with demonstrated capacity
to promote the public interest and with identifiable leadership, membership, and structure.
38
 Its members belong to a sector/s who voluntarily band themselves together to work for
and by themselves for their own upliftment, development and greater good.
Resource Rent — the difference between the value of the products produced from
harvesting a publicly owned resource less the cost of producing it, where cost includes
the normal return to capital and normal return to labor.
Sea farming — the stocking of natural or hatchery-produced marine plants or animals,
under controlled conditions, for purposes of rearing and harvesting, but not limited to
commercially-important fishes, mollusks (such as pearl and giant clam culture), including
seaweeds and seagrasses.
Sea ranching — the release of the young of fishery species reared in hatcheries and
nurseries into natural bodies of water for subsequent harvest at maturity or the
manipulation of fishery habitat, to encourage the growth of the wild stocks.
Secretary — the Secretary of the Department of Agriculture.
Superlight — also called magic light, is a type of light using halogen or metal halide bulb
which may be located above the sea surface or submerged in the water. It consists of a
ballast, regulator, electric cable, and socket. The source of energy comes from a
generator, battery or dynamo coupled with the main engine.
Total Allowable Catch (TAC) — the maximum harvest allowed to be taken during a
given period of time from any fishery area, or from any fishery species or group of fishery
species, or a combination of area and species and normally would not exceed the MSY.
Trawl — an active fishing gear consisting of a bag shaped net with or without otter boards
to open its opening which is dragged or towed along the bottom or through the water
column to take fishery species by straining them from the water, including all variations
and modifications of trawls (bottom, mid-water, and baby trawls) and tow nets.
Use of Philippine Waters. — The use and exploitation of the fishery and aquatic resources
in Philippine waters shall be reserved exclusively to Filipinos: Provided, however, That
research and survey activities may be allowed under strict regulations, for purely research,
scientific, technological and educational purposes that would also benefit Filipino citizens.
Fees and Other Fishery Charges. — The rentals for fishpond areas covered by the
Fishpond Lease Agreement (FLA) and license fees for Commercial Fishing Boat Licenses
(CFBL) shall be set at levels that reflect resource rent accruing from the utilization of
resources and shall be determined by the Department: Provided, That the Department
shall also prescribe fees and other fishery charges and issue the corresponding license
or permit for fishing gear, fishing accessories and other fishery activities beyond the
municipal waters: Provided, further, That the license fees of fishery activity in municipal

39
waters shall be determined by the Local Government Units (LGUs) in consultation with
the FARMCs. The FARMCs may also recommend the appropriate license fees that will
be imposed.
Access to Fishery Resources. — The Department shall issue such number of licenses
and permits for the conduct of fishery activities subject to the limits of the MSY of the
resource as determined by scientific studies or best available evidence. Preference shall
be given to resource users in the local communities adjacent or nearest to the municipal
waters.
Catch Ceiling Limitations. — The Secretary may prescribe limitations or quota on the
total quantity of fish captured, for a specified period and specified area based on the best
available evidence. Such a catch ceiling may be imposed per species of fish whenever
necessary and practicable: Provided, however, That in municipal waters and fishery
management areas, and waters under the jurisdiction of special agencies, catch ceilings
may be established upon the concurrence and approval or recommendation of such
special agency and the concerned LGU in consultation with the FARMC for conservation
or ecological purposes.
Establishment of Closed Season. — The Secretary may declare, through public notice
in at least two (2) newspapers of general circulation or in public service announcements,
whichever is applicable, at least five (5) days before the declaration, a closed season in
any or all Philippine waters outside the boundary of municipal waters and in bays, for
conservation and ecological purposes. The Secretary may include waters under the
jurisdiction of special agencies, municipal waters and bays, and/or other areas reserved
for the use of the municipal fisherfolk in the area to be covered by the closed season.

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 [REPUBLIC ACT NO. 10067]
“Tubbataha Reefs Natural Park (TRNP) Act of 2009.”

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 signatory.
It shall further be the policy of the State to promote the Tubbataha Reefs, with the end in
view of fostering widespread awareness and concern for the same. Towards this end, the
State shall undertake to carry out comprehensive and holistic promotions, training and
information campaign programs for the benefit of the general public, in pursuance of the
duty of the State to uphold the primacy of protecting, preserving and promoting these
resources.

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Definition of Terms. — For purposes of this Act, the following terms shall be defined
as follows:
“Bioprospecting” refers to research, collection, and utilization of biological and genetic
resources for purposes of applying the knowledge derived therefrom solely for commercial
purposes.
“Buffer Zone” refers to the identified area outside the boundaries of and immediately
adjacent to TRNP that needs special development control to avoid or minimize harm to the
protected area.
“Commercial Fishers/Fisherfolk” refers to persons who catch fish and other fishery
products using fishing vessels of more than three (3) gross tons.
“Conservation Fees” refer to fees collected from authorized users of the TRNP.
“Corals” refers to all bottom dwelling animals under the phylum Cnidaria, which are a
major part of the reef community. The definition includes four (4) types of corals: (1) those
that produce a hard skeleton out of calcium carbonate such as all scleractinian corals, the
hydrozoan corals (firecorals), and the blue and red
corals under the genera Heliopora and Tubipora; (2)
the antipatharian or black corals with a rigid, chitinous
skeleton; (3) the gorgonians with a horny and/or
calcareous axis; and (4) the soft bodied anthozoans
such as sea anemones, and the soft corals under the
systematical group of Alcyonaria or Octocorallia.
“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.
“Explosives” refer to dynamite or other chemical
compounds that contain combustible elements or
ingredients which upon ignition by friction, concussion,
percussion or detonation of all or parts of the compound
will kill, stupefy, disable or render unconscious any
species. It also refers to any other substance and/or
device, including blasting caps or any other component
or part of explosive devices, which causes an explosion
that is capable of producing the said harmful effects on
any resources and capable of damaging and altering
the natural habitat.

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“Gear” refers to any instrument or device and its accessories utilized in taking, catching,
gathering, killing, hunting, destroying, disturbing, removing or possessing resources within
the TRNP.
“Kayakas” refers to the fishing method known as the local version of the muro-ami but
smaller in size, using bamboo or trunk trees as scaring devices aside from coconut or other
leaves or materials to drive the
fishes and other marine
resources out of the coral reefs, at
the same time pounding the
corals.
“Littering” refers to the disposal
of small amounts of non-
biodegradable solid waste materials
such as, but not limited to,
cigarette butts, candy wrappers,
plastic materials, bottles, and
glasses in the TRNP.
“Management Plan” refers to
the fundamental strategy and/or
scheme which shall guide all
activities relating to the TRNP to
attain the objectives of this Act.
“Municipal Fishers/Fisherfolk” refers to persons who catch fish and other fishery
products using fishing vessels of three (3) gross tons or less, or whose fishing does not
require the use of fishing vessels.
“Muro-ami” refers to the method used in reef fishing consisting of a movable bagnet,
detachable wings and scarelines having plastic strips and iron/steel/stone weights,
effecting fish capture by spreading the net in an arc around reefs or shoals and, with the
use of the scarelines, a cordon of people drive the fish towards the waiting net while
pounding the corals by means of heavy weights like iron/steel/stone or rock making it
destructive to corals.
“Nongovernment Organization (NGO)” refers to any civic, developmental,
environmental or philanthropic nonstock, nonprofit organization, duly registered, having
bylaws, democratically-elected representatives, with qualifications, expertise and
objectivity in activities concerning community organizing and development, or resource and
environmental conservation, management and protection related to the protected area.
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“Non-Renewable Resources” refer to those resources that cannot be remade, regrown
or regenerated on a scale comparative to its consumption.
“Noxious or Poisonous Substances” refer to any substance, plant extracts or juice
thereof, sodium cyanide and/or cyanide compounds or, other chemicals either in raw or
processed form, harmful or harmless to human beings, which will kill, stupefy, disable or
render unconscious any marine organism and capable of damaging and altering the natural
habitat.
“PASu” refers to the Protected Area Superintendent of the TRNP.
“PCSD” refers to the Palawan Council for Sustainable Development as created under
Republic Act No. 7611, otherwise known as the Strategic Environmental Plan for Palawan
Act.
“People’s Organization (PO)” refers to a group of people which may be an association,
cooperative, federation, aggrupation of individuals or groups with an identifiable structure
of decision-making and accountability, established to undertake collective action to
address community concerns and needs in relation to the protected area.
“Poaching” refers to fishing, gathering and/or purchase or possession of any fishery
products within the TRNP by any foreign person, foreign corporation or foreign entity or
operating any foreign fishing vessel by any person, corporation or entity within the TRNP.
“Protected Area” refers to identified portions of land and water set aside by reason of
their unique physical and biological significance, managed to enhance biological diversity,
and protected against destructive human exploitation.
“Protected Species” refers to any plant or animal declared protected under Philippine
laws, rules, and regulations. These shall include all species listed under the Convention on
International Trade in Endangered Species of Wild Flora and Fauna and all its Annexes,
the Convention on the Conservation of Migratory Species, those specified under the red-
list categories of the International Union for the Conservation of Nature and Natural
Resources, or any plant or animal which the Tubbataha Protected Area Management
Board (TPAMB) or any government agency may deem necessary for conservation and
preservation in the TRNP.
“Purse Seine” refers to the gear characterized by encircling net having a line at the bottom
passing through rings attached to the net, which can be drawn or pursed. In general, the
net is set from a boat or boats around the school of aquatic resources. The bottom of the
net is pulled close with the purse line. The net is then pulled aboard the boat or boats until
the resources are concentrated in the bunt or bag.
“Resources” refer to all-natural endowments, whether aquatic or terrestrial, living, or non-
living, found in the TRNP.
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“Stakeholders” refer to individuals, communities, agencies, institutions, organizations,
aggrupations of specific interests or sectors which have particular interest in the
achievement of the objectives of this Act, and/or enjoyment or utilization in any form of the
resources within the TRNP.
“Trawl” refers to the gear consisting of a bag-shaped net which is dragged or towed along
the bottom or through the water column to take aquatic resources by straining them from
the water, including all variations and modifications of trawls in bottom, mid-water, baby
trawls and tow nets.

Creation and Composition of the TPAMB. — There shall be a TPAMB, which shall be
the sole policymaking and permit-granting body of the TRNP. It shall be composed of:
(a) The Regional Executive Director (RED) of Region IV-B of the DENR, to serve as co-
chairperson or his/her representative.
(b) the chairperson of the PCSD or his/her representative, to serve as co-chairperson.
(c) the members of the House of Representatives who represent the congressional
districts of Palawan or their representatives.
(d) the governor of the Province of Palawan or his/her representative.
(e) the mayor of the Municipality of Cagayancillo or his/her representative.
(f) the chairperson of the Environment and Natural Resources Committee of the
Sangguniang Bayan of Cagayancillo.
(g) the chairperson of the Environment and Natural Resources Committee of the
Sangguniang Panlalawigan of Palawan.
(h) the chairperson of the Appropriations Committee of the Sangguniang Panlalawigan of
Palawan.
(i) the commander of the Western Command (WESCOM) or his/her representative.
(j) the commander of the Naval Forces West (NAVFORWEST) or his/her representative.
(k) the district commander of the Coast Guard District, Palawan.
(l) a representative of the Department of Tourism.

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(m) the provincial fishery officer of the Department of Agriculture-Bureau of Fisheries and
Aquatic Resources (DA-BFAR) in Palawan or his/her representative.
(n) two (2) representatives from the academe.
(o) three (3) representatives from NGOs involved in the conservation and management
of the TRNP; and
(p) two (2) representatives from POs based in the Municipality of Cagayancillo, Province
of Palawan and engaged in the conservation and management of the TRNP.

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https://www.officialgazette.gov.ph/1975/05/19/presidential-decree-no-705-s-1975/
https://lawphil.net/statutes/repacts/ra1992/ra_7586_1992.html
https://www.officialgazette.gov.ph/downloads/2018/06jun/20180622-RA-11038-RRD.pdf
https://www.officialgazette.gov.ph/1998/02/25/republic-act-no-8550/
https://www.lawphil.net/statutes/repacts/ra2010/ra_10067_2010.html

47