MEMORANDUM

TO : The Director
Legislative Liaison Office

FROM :

SUBJECT : REQUEST FOR COMMENTS ON THE ACT DISESTABLISHING THE

XXXX RIVWER MANGROVE SWAMP FOREST RESERVE IN THE
PROVINCE OF () AS PROTECTED AREA, AMENDING FOR THIS
PURPOSE PROCLAMATION NO. 14344 SERIES OF 1981

This refers to the Bureau’s position paper with regards to the abovementioned
subject matter.
On this, the Bureau is of the view that the disestablishment of the xxxx River
Mangrove swamp forest reserve in the province of [XXXX] as protected area be
subjected with the guidelines set forth by the Department of Environment and Natural
Resources.

Consistent with Section 8 of Republic Act 11038, otherwise known as the

“Expanded National Integrated Protected Areas System Act”, which provides
that:

"Sec. 10. Administration and Management of the System. - The National

Integrated Protected Area System (NIPAS) is hereby placed under the
control and administration of the DENR through the Biodiversity
Management Bureau (BMB).

"To carry out the mandate of this Act, the secretary of the DENR is
empowered to perform the following acts:

"(a) XXXX

"(b) Set standards, procedures, and protocols for the establishment and
management of protected areas and the System, such as, but not limited
to conduct of study, zoning, review of plans and project proposals,
specifications and types of buildings and other structures, and installation
of uniform markers and symbols;

Xxxx

The DENR, through the Biodiversity Management Bureau has the authority to
manage areas classified as PAs. Relative thereto, the use, and development of the said
areas must undergone the parameters set forth by the Department.

Section 7. Disestablishment as Protected Area. – When in the opinion of the

DENR a certain protected area should be withdrawn or disestablished, or its
boundaries modified as warranted by a study and sanctioned by the majority of
the members of the respective boards for the protected area is herein
established in Section 11, it shall, in turn, advise Congress. Disestablishment of a

College, 4031, Laguna, Philippines

Tel Nos: (6349)5363628; 5362229; 5362269 Fax No. (6349)5362850
E-mail: erdb@denr.gov.ph
 protected area under the System or modification of its boundary shall take effect
pursuant to an act of the Congress. Thereafter, said area shall revert tot eh
category of public forest unless otherwise classified by Congress: Provided,
however, That after disestablishment by Congress, the Secretary may
recommend the transfer of such of such disestablished area to other government
agencies to serve other priority programs of national interest.

Applying the same with the instant case, prior recommendation of the DENR
must be sought before a previously classified protected area may be disestablished.
Thus, the Bureau recommends that the Committee shall apply a more stringent
parameters before considering this Bill for passage.

For your consideration.

Group 3

College, 4031, Laguna, Philippines

Tel Nos: (6349)5363628; 5362229; 5362269 Fax No. (6349)5362850
E-mail: erdb@denr.gov.ph