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National Integrated Protected

Areas System Act of 1992


REPUBLIC ACT NO. 7586
Gardoce, Patricia Anne M.
Source: Legal Framework for Protected Areas: Philippines
A. Preliminary

Governing Law
• Enacted on June 1, 1992, provides for the establishment and
management of national integrated protected areas system referred
to as the “National Integrated Protected Areas System Act of 1992”
• Congress enacted NIPAS Act to secure the perpetual existence of all
native plants and animals through the establishment of
comprehensive system of integrated protected areas- possess
common ecological values that were incorporated into a holistic
plan representative of our natural heritage.

Governing Law
• The system encompasses outstandingly remarkable areas and
biologically important public lands that are habitats of rarer and
endangered species of plants and animals, biogeographic zone and
related ecosystem, whether terrestrial, wetland, or marine.
• It classifies and administers all the 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.

Declaration Policy
• The law recognizes 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 these
areas is possible only through cooperation among the
national government, local government and concerned
private organizations; that the use and enjoyment of these
protected areas must be consistent with the principle of
the biological diversity and sustainable development.
Declaration Policy
• The law has established the National Integrated Areas
System (NIPAS), which encompasses outstandingly
remarkable areas and biologically important public
lands that are habitants of rare and endangered
species of plants and animals, biogeographic zones
and related ecosystems, whether terrestrial, wetland
or marine, all of which shall be designated as
“protected areas”.
NIPAS Act aimed at biodiversity conservation
• In Section 2, the general objective of the law is stated: “
To secure for
the Filipino people of present and future generations the
perpetual existence of all native plants and animals through
the establishments of comprehensive system of integrated
protected areas. “
• The act focuses on habitat and ecosystem-related conservation,
identifying forests, watersheds, coastal zones, coral reefs and other such
areas that represent a wide variety of ecosystems.

Categories of Protected Areas


a) Strict nature reserve
b) Natural park
c) Natural monument
d) Wildfire sanctuary
e) Protected landscape and seascapes
f) Resource reserve
g) Natural Biotic Areas
h) Other categories established by law, convention or international
agreements to which the Philippine government is a signatory

Categories

The law has established the following categories of protected


areas:
a) Strict nature reserve - 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;

Categories
b) Natural park- 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;
c) Natural monument -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;

Categories
d) Wildfire 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; Marinduque Wildlife Sanctuary
e) Protected landscape and seascapes - 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; Batanes Protected lansdcape
and seascape

Categories
f) Resource reserve - 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 and prevent or contain development
activities that could affect the resource
pending the establishment of objectives which
are based upon appropriate knowledge and
planning;
g) Natural Biotic Areas - 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; Coron
Natural Biotic
h) Other categories established by law,
convention or international agreements to which
the Philippine government is a signatory

a. Tañon Strait – a protected


area
• Under Section 4 of the NIPAS Act, a protected area
refers to portions of land and water, set aside due to
their unique physical and biological significance,
managed to enhance biological diversity and
protected against human exploitation.
• The Tañon Strait, pursuant to Proclamation
No.1234, was set aside and declared a
protected area under the category of Protected
Seascape. (letter E under Categories)
Thus, management plan for each area must be
designed to protect and enhance the permanent
preservations of its natural condition.

b. No energy resource exploitation and utilization


may be done in a protected seascape, like the
Tañon Strait, without a law for the purpose
• Resident Marine vs. Reyes GR. No. 180771

c. Calauit Island, Busuanga, Palawan, declared a game preserve


and wildlife sanctuary but later proclaimed by the President as
an ancestral land belonging to the Indigenous Cultural
Community of Tagbanua as their private but community

Agnes vs Republic of the Philippines GR No. 156022

B. Establishment and Extent of the


System
Section 5
(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 identified virgin
forests before the effectivity of this Act 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;
Buffer Zone
• For each protected area, peripheral buffer
zones shall be established to protect the
same from activities that will directly and
indirectly harm it. Such buffer zone shall be
included in the individual protected area
management plan to be prepared for the
purpose. Buffer zone may include private or
public lands.
Management Plans
• There shall be a general management planning strategy
to serve as a guide in formulating individual plans for
each protected area.
• The management planning strategy shall promote the
adoption and implementation of innovative
management techniques including, if necessary, the
concept of zoning, buffer zone management for multiple
use and protection, habitat conservation, and
rehabilitation, diversity management, community
organizing, socio-economic and scientific researches, site-
specific development, pest management and fire control.

C. Administration and Management of the System

• The NIPAS has been placed under the


control and administration of the DENR.
Each regional office where protected areas
have been established shall have a
Protected Areas and Wildlife Division
which shall manage protected areas and
promote the permanent preservation of
their natural conditions. (Section 10)
Protected Area Management Board
(PAMB)
• The law established a Protected Area Management Board
composed of the following: the regional executive director
under whose jurisdiction the protected area is located; a
representative from the autonomous regional government
(if applicable); the provincial development officer; one
representative each from the municipal government,
barangay covering the protected area, and tribal
community (if applicable); three representative from no
government organizations/local community organizations;
and one representative each from other departments or
national government agencies involved in protected area
management.
Protected Area
Management Board
• The Board shall, by a majority vote, decide the
allocations for budget, approve proposals for
funding, decide matters relating to planning,
peripheral protection and general administration
of the area in accordance with the general
management strategy. The members of the
Board shall serve for a term of five (5) years
without compensation, except for actual and
necessary traveling and subsistence expenses
incurred in the performance of their duties. 
D. Environmental Impact Assessment

• Proposal for activities which are


outside the scope of the
management plan for protected
areas shall be subject to an
environmental impact assessment
before they are adopted , and the
results thereof shall be taken into
consideration in the decision-making
process.
Ancestral lands and
rights over them
• Ancestral lands and customary rights and interest
arising shall be accorded due recognition. The
DENR shall prescribe rules and regulations to
govern ancestral lands within protected areas .
• The ancestral domain within the protected area
shall be managed in accordance with a plan
harmonized with Protected Area Management
Plan.

Survey for Energy Resources


• Protected areas, except strict nature reserves and natural parks,
may be subject to exploration only for the purpose of gathering
information on energy resources and only if such activity is
carried out with the least damage to surrounding areas.
• Surveys shall be conducted only in accordance with a program
approved by DENR and the result of such survey shall be made
available to the public and submitted to the President for
appropriate recommendation to Congress. No exploitation and
utilization of energy resources found within NIPAS shall be
allowed through a law passed by Congress.

Prohibited Acts (Section 20)


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);
Prohibited Acts
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;
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.
REPUBLIC ACT No. 11038
An Act Declaring Protected Areas and Providing for Their Management, Amending for This
Purpose Republic Act No. 7586, Otherwise Known as the "National Integrated Protected Areas
System (NIPAS) Act of 1992" and for Other Purposes
"Expanded National Integrated Protected Areas System Act of 2018"

President Rodrigo Duterte signed Republic Act 11038, the E-NIPAS Act of 2018, into law, which adopts strong
amendatory measures to the 24-year old National Integrated Protected Area Systems (NIPAS) Act.  




ENIPAS Act
The passage of the ENIPAS Act provides a national legislation for all protected areas to ensure their
ecological integrity. This includes the Tañon Strait Protected Seascape, one of the largest marine
protected areas in the Philippines and declared as a protected seascape through a Presidential
Proclamation in 1998. The ENIPAS Act also covers the Philippine Rise Marine Resource Reserve,
which was recently declared as a protected area with strict protection zones by President Duterte.

The ENIPAS Act also expands the mandates of the Department of Justice (DOJ) to appoint special
prosecutors handling cases specifically related to protected areas, and assist in the training of wardens
and rangers in arrests and criminal procedures.

RA 11038 established 94 protected areas in the country and provides for management of these sites,
amending RA 7586 (NIPAS Act of 1992).
E-NIPAS
1. National Park – Sec. 3, Article XII of the 1987 Constitution
2. National Biotic Areas – Basilan National Biotic Area
3. Natural Monument – Chocolate Hills
4. Natural Park – Mt. Isarog Park (Camarines Sur), Tubbataha Reefs
5. Protected Landscape and Seascape – Siargao Island Protected Landscape and
Seascape (Surigao del Norte); Batanes ; Apo Islands
6. Resource Reserve – Mt. Makiling Forest Reserve (Laguna)
7. Strict Natural Reserve
8. Wildlife Sanctuary – Title Island Sanctuary (Tawi-Tawi)
9. Wetlands – Las Pinas – Paranaque Critical Habitat and Ecotourism Area or
Wetland Park (Manila)
10. Other categories by law/convention/ international agreements

A. Classifies 94 Protected Areas as National Parks with a total area of 3,096,410.01 hectares
B. Modifies the Protected Area Management Board (PAMB) composition
C. Creates the Protected Area Management Office
(PAMO)
D. Clarifies the Integrated Protected Area Fund (IPAF)
E. Administration and management of the System by DENR through BMB

F. Establishes buffer zones by the PAMB upon concurrence by the DENR

G. Recognizes existing local communities, townships, and town centers


H. Recognizes territories and areas occupied by ICCs/IPs

I. Allows renewable energy development


J. Grants tax exemptions
K. Provides wider coverage of prohibited acts
L. Imposes higher fines and penalties
M. Emphasizes administrative and criminal liabilities of LGUs
E-NIPAS NIPAS
41 terms DEFINITION OF TERMS 13 terms
94 New Areas (National Park) ESTABLISHMENT AND EXTENT OF THE 13 Areas (National Parks)
SYSTEM
Private Lands (Inclusion in the Coverage) BUFFER ZONES Private Lands (not considered)
Land and Water Use Plans SUSTAINABILITY ASSESSMENT Land Use Plan Only
(PROPOSED PROTECTED ARES)
DENR thru Biodiversity Management ADMINIDTRATION AND MANAGEMENT DENR thru Protected Areas and Wildlife
Bureau Division (PAWD) in regions

Management Plan should be prepared Management Plan has no timeframe


within 1 year from the establishment of specified
the area

All projects or activities whether or not ENVIRONMENTAL IMPACT ASSESSMENT Projects or activities not included in the
included in the management plan management plan
Governance, maintenance, development, ANCESTRAL DOMAINS AND CUSTOMARY Rules and Regulations on governance -
protection and conservation – in RIGHTS DENR
accordance with the Indigenous Cultural
Community/IP’s customary law with full
assistance from DENR, NCIP (National

ADDITIONAL SECTIONS IN
RA 11038
• TENURES MIGRANTS . Eligible to become stewards of portions of lands
within multiple – use zones.
• EXITING RIGHTS . Municipalities and cities within the protected area
shall continue to occupy such townships and town centers provided that
in the development of their Comprehensive Land Use Plan (CLUP) and
development plans, due consideration shall be given to the intended use
for conservation and biodiversity.
• LGUs . Shall participate in its management through representation in
the PAMB; they shall align their CLUPs, local development and other
plans.

"The Philippines is one of the few countries


blessed with very rich biological diversity.
However, a large number of species - flora,
fauna as well as animals - have become
extinct due to overexploitation, habitat loss
and pollution. As we work towards
achieving an economically and
technologically competitive society, let us
not neglect the health of our environment

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