Prohibited Acts under Section 20 of Corresponding Penalties

R.A. 11038
(a) Poaching, killing, destroying, disturbing of A fine of not less than P200,000.00
any wildlife including in private lands within but not more than P1,000,000.00 or
the PA; imprisonment from 1 year but not
more than 6 years,
(b) Hunting, taking, collecting, or possessing or both,
of any wildlife or by-products derived plus damages of triple the value of
therefrom, including in private lands within the the said resources or both shall be
PA without the necessary permit; authorization imposed upon any person who
or exemption: Provided, that the PASu as violates paragraphs (a) to (e) of
authorized by the PAMB shall issue a permit, Section 20 herein
authorization or exemption only for culling,
scientific research, the exemption provided
under section 21 (a) of R.A. No. 9147 (Wildlife
Resource, Conservation and Protection Act) or
harvest of non-protected species in MUZ by
tenured migrants and IPs;
 Prohibited Acts under Section 20 of
R.A. 11038
(c) Cutting, gathering, removing or collecting timber
including in private lands therein, without the
necessary permits, authorization, certification of
planted trees or exemption such as for culling exotic
species; except, however, when such acts are done in
accordance with the duly recognized practices of the
IPs/ICCs for subsistence purposes;
(d) Possessing or transporting outside the P.A. any
timber, forest products, wildlife, or by-products, derived
therefrom which are ascertained to have been taken
from the P.A other than exotic species, the culling of
which has been authorized under an appropriate
permit;
Corresponding Penalties
A fine of not less than P200,000.00
but not more than P1,000,000.00 or
imprisonment from 1 year but not
more than 6 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

(e) Using and Fishing or harvesting gear and

practices or any of their variations that destroys coral
reef, sea grass beds or other marine life and their
associated habitat or terrestrial habitat as may be
determined by the DA or the DENR: Provided, that
mere possession of such gears within the P.A shall be
prima facie evidence of their use;
 Prohibited Acts under Section 20 of R.A. 11038 Corresponding
Penalties
(f) Dumping, throwing, using, or causing to be dumped into or A fine of not less
placed in the PA of any toxic chemical, noxious or poisonous than P200,000.00
substance or non-biodegradable material, untreated sewage or but not more than
animal waste products or products whether in liquid, solid or gas P1,000,000.00 or
state, including pesticides and other hazardous substances as imprisonment
defined under R.A. no. 6969, otherwise known as the “Toxic from 1 year but
Substances and Hazardous and Nuclear Wastes Control Act of not more than 6
1990”detrimental to the PA, or to the plants and animals or years,
inhabitants therein;
or both,
(g) Operating any motorized conveyance within the P.A. without shall be imposed
permit from the PAMB, except when the use of such motorized upon any person
conveyance is the only practical means of transportation of IPs/ICCs
who violates
in accessing their ancestral domain/land; paragraphs (f) to
(h) Altering, removing, destroying or defacing boundary marks or (n) of Section 20
signs; herein
(i) Engaging in “kaingin” or, in any manner, causing FOREST FIRES
inside the PA;
 Prohibited Acts under Section 20 of R.A. 11038 Corresponding
Penalties
(j) Mutilating, defacing, destroying, excavating, A fine of not less
vandalizing or, in any manner, damaging any natural than P200,000.00
but not more than
formation, religious, spiritual, historical sites, artifacts P1,000,000.00 or
and other objects of natural beauty, scenic value or imprisonment
objects of interest to IPs/ ICCs; from 1 year but
not more than 6
(k) Damaging and leaving roads and trails in a
years,
damaged condition;
or both,
(l) Littering or depositing refuse or debris on the shall be imposed
ground or in bodies of water; upon any person
who violates
(m) Possessing or using blasting caps or explosives paragraphs (f) to
(n) of Section 20
anywhere within the P.A.; herein
(n) Occupying or dwelling in any public land within the
P.A without clearance from the PAMB;
Prohibited Acts under Section
20 of R.A. 11038
(o) Constructing, erecting or
maintaining any kind of structures,
fence or enclosures, conducting
any business enterprise within the
P.A. without prior clearance from
the PAMB and permit from the
DENR, or conducting these
activities in a manner that is
inconsistent with the management
plan duly approved by the PAMB;
Corresponding Penalties
A fine of not less than P1,000,000.00 but not
more than P5,000,000.00 or imprisonment
from 6 years but not more than 12 years,
or both,
shall be imposed upon any person who
violates paragraphs (o) to (v) of Section 20
herein

(p) Undertaking Mineral

exploration or extraction within
the P.A.
Prohibited Acts under Section Corresponding Penalties
20 of R.A. 11038
(q) Engaging in commercial or large A fine of not less than P1,000,000.00 but not
scale quarrying within the P.A. more than P5,000,000.00 or imprisonment
from 6 years but not more than 12 years,
(r) Establishing or introducing exotic
species, including GMOs or invasive
or both,
alien species within the P.A. shall be imposed upon any person who
violates paragraphs (o) to (v) of Section 20
(s) Conducting bio prospecting within herein
the P.A without prior PAMB clearance
in accordance with existing guidelines:
Provided, That in addition to the
penalty provided herein, any
commercial use of any substances
derived from non permitted bio
prospecting within the P.A. will not be
allowed and all revenue earned from
illegal commercialization thereof shall
be forfieted and deposited as part of
the IPAF;
Prohibited Acts under Section Corresponding Penalties
20 of R.A. 11038
(t) Prospecting, hunting or otherwise A fine of not less than P1,000,000.00 but not
locating hidden treasures within the more than P5,000,000.00 or imprisonment
P.A. from 6 years but not more than 12 years,

(u) Purchasing or selling, mortgaging

or both,
or leasing lands or other portions of shall be imposed upon any person who
the P.A which are covered by any violates paragraphs (o) to (v) of Section 20
Tenurial Instrument; herein

(v) Constructing any permanent

structures within the forty (40) meter
easement from the high water mark
of any natural body of water or
issuing a permit for such construction
pursuant to Article 51 of Presidential
Decree No. 1067: Provided, that
construction for common usage
wharves and shoreline protection
shall be permitted by the PAMB on
after thorough EIA.
Taal Volcano Protected Mts. Timpoong Hibok-Hibok Natural
Landscape Monument

Northern Negros Natural Park

DAO 2019-05
Palaui Protected Landscape and Seascape IMPLEMENTING RULES AND REGULATIONS
OF REPUBLIC ACT NO. 11038

EXPANDED NATIONAL INTEGRATED PROTECTED

AREAS SYSTEM (ENIPAS) ACT OF 2018

Tañon Strait Protected Seascape Lagonoy Natural

Biotic Area

dumaguetemetropost.com
Turtle Island Wildlife Sanctuary
Salient features of RA 11038
Establishment of 94 PAs within the
classification of National Park pursuant
to the Constitution

Expansion of PAMB composition

Creation of PA Management Office

(PAMO)

Clarification on the Integrated PA

Fund
Salient features of RA 11038

Administration and
Management of the System by
the DENR thru BMB

Designation of Buffer Zones by

the DENR upon
recommendation of the PAMB
Salient features of RA 11038

Recognition of existing local

communities, townships and
town centers
Recognition of territories and
areas occupied and conserved by
ICCs/IPs
Allowing renewable energy
development

Granting of tax exemptions

Salient features of RA 11038

Wider coverage of
prohibited acts

Imposition of higher fines

and penalties

Administrative and
criminal liabilities of LGUs
 Amendments in RA 11038
Sec. 5. Establishment and Extent of the System
 Establishment of 94 protected areas
within the classification of National Park
 Adoption of boundaries and technical
descriptions duly certified accurate on
every page by NAMRIA
 Boundary delineation and demarcation
to be undertaken by the DENR with the
assistance of other govt agencies
 Boundaries shall not be modified except
by an act of Congress.
 Distribution of 94 Protected Areas
Region No. of PAs Area (Has)
1 8 18,626.39
2 5 225,424.44
3 7 44,193.05
NCR 2 205.48
CALABARZON 8 94,516.47
MIMAROPA 5 165,901.47
5 11 495,845.46

6 3 89,613.89 2.89%
7 10 581,132.26
8 7 453,175.34
9 12 294,630.33
28 PAs… Luzon
10 6 38,339.06 46 PAs
11 5 40,734.20 (1,044,712. Visayas
76 has)
12 2 224,834.69 Mindanao
13 3 329,237.48 20 PAs…
94 3,096,410.01
 Legislated PAs in Region 6
NAME OF PROTECTED AREA
2
AREA (Has.)

1 Sibalom Natural Park

6,778.44
Northwest Panay
2
Peninsula Natural Park 12,009.29
Northern Negros
3
Natural Park 70,826.16

3
 COMPOSITION OF THE PROTECTED AREA MANAGEMENT BOARD
IN ACCORDANCE TO THE EXPANDED NIPAS ACT OF 2018

1 DENR Regional Director/PAMB Chairman

1 Provincial Governor of Negros Occidental
1 PNP Region 6 Director
1 Regional Director of Department of Agriculture
1 Regional Director of NEDA
1 Regional Director of DOST
1 OCD/DND Regional Director Region 6
3 Congressman/Congressional Representative (District 1,2,3)
5 Municipal Mayors
6 City Mayors
41 Punong Barangay’s
3 Tribal chieftain
2 NGO
1 Peoples Organization
1 Academe
69 Northern Negros Natural Park Protected Area Management Board Member
 Amendments in RA 11038
Sec. 11. Protected Area Management Board (PAMB)

 PAMB to be created for each PA (PP,

RA) within 3 mos. after the effectivity
of the ENIPAS Act
 DENR Regional Executive Director as
Chair
 Ex officio members : DENR RED,
Governor, Senator, District Rep,
Mayor, Brgy Chairperson, RD of DA,
NEDA, DOST, PNP and DND; will serve
for the duration of their respective
term of office
 Amendments in RA 11038
. . . Sec. 11. Protected Area Management Board (PAMB)
 Other PAMB members: 3 Reps from either NGO/PO, at least 1
but not more than 3 IP/ICC reps from all IPs/ICCs present in the
area and recognized by NCIP, 1 academic institution, 1 private
sector rep, to be appointed by the DENR Secretary and shall
serve a term of 3 years and may be reappointed for another 3
years
 At least 40% are women
 PAMB members duly appointed before the effectivity of the Act
shall continue their term until the expiration of their
appointment.
 The RED shall ensure that relevant members of the PAMB are
duly appointed by the DENR Secretary.
 Amendments in RA 11038
Sec. 12. Environmental Impact Assessment
 Proposed activities whether within or
outside the scope of the management
plan with potentially significant
adverse impacts shall require an ECC.

 For development projects and

activities that are not environmentally
critical, initial environmental
examination shall be undertaken
instead of full-blown EIA.
 The DENR shall require submission of PAMB clearance,
among others, before issuance of an ECC.
 Amendments in RA 11038
Sec. 13. Ancestral Domains and Customary Rights
 Territories and areas occupied and conserved for
and by IPs and communities shall be recognized,
respected, developed, and promoted.
 The ICCs and IPs have the responsibility to
govern, maintain, develop, protect, and
conserve such areas, in accordance with their
IKSPs and customary law with full and effective
assistance from the NCIP, DENR and other
concerned govt agencies.
 A mechanism for coordination and
complementation between the indigenous
traditional leadership and governance structures
and the NCIP, DENR, government agencies,
concerned LGUs and civil society organizations
shall be created.
 Amendments in RA 11038
Sec. 14. Energy Resources
 Surveys for non renewable energy
projects shall be conducted only in
accordance with a program approved
by the DENR, results to be submitted
to the President who shall make the
appropriate recommendations to
Congress.

 Development and operation of non-

renewable energy projects are
prohibited in areas categorized as
Strict Nature Reserves and Natural
Parks.
 Amendments in RA 11038
. . . Sec. 14. Energy Resources
 Renewable energy projects located
outside the strict protection zones may
be allowed by the PAMB with the
concurrence of the DENR Secretary.
 Renewable energy projects will undergo
EIA and shall adopt reduced impact
technologies.
 Sufficient bond shall be remitted by the
proponent to the DENR.
Rule 14.9 The DENR & DOE shall determine,
among others, the standard thresholds, rates,
and revenue-sharing scheme from the
operation of energy projects
 Amendments in RA 11038
Sec. 15. Areas under the Management of Other
Departments and Government Instrumentalities
 Jurisdiction shall remain in the
concerned department or
government instrumentality.
Apo Island PLS
Caramoan NP
 DENR to retain its oversight function

 Concerned agency shall provide

annual reports on the management
of said protected areas focusing on Puerto Princesa Subterranean River NP

the conservation of biodiversity

therein.
Apo Island PLS
trekearth.com
 New Provisions
. . . Sec. 11. Protected Area Management Board
(PAMB)
Rule 11.1 The DENR, NEDA and DND shall designate their official
representatives to the PAMB provided that this is
communicated/recommended in writing by the head of said
agencies
Rule 11.4 The application of NGOs and POs shall be in accordance
with the following:
a. Within fifteen (15) calendar days from the effectivity of this
Order, the PENR Officers concerned shall post a call for
applications at the premises of their respective PENRO, the
DENR Regional Office, on the DENR Regional Office website, and
as applicable through traditional and social media.
 New Provisions
. . . Sec. 11. Protected Area Management Board
(PAMB)
Cont. Rule 11. 4 Application of NGOs/POs
b. The call for application shall clearly indicate the requirements,
procedures, and the thirty (30)-day deadline for submission
c. Within 30 calendar days from the posting of the call for
applications, interested NGOs or POs … should have been in
existence for at least five (5) years and possess a track record in or
related to environmental conservation and PA management.
 New Provisions
Sec. 11-A. Powers and Functions of the PAMB
Additional functions of the PAMB
(based on the NIPAS IRR):
 Oversee the management of the PA
 Approve the management plan
 Adopt manual of operations
 Recommend the deputation of
appropriate agencies and individuals
 Allocate financial resources for the
implementation of the management
plan and manage the PA RIA –
Retained Income Account and other
funds
 New Provisions
. . . Sec. 11-A. Powers and Functions of the PAMB
Additional functions of the PAMB
(based on the NIPAS IRR) :
 Set fees and charges in accordance
with existing guidelines
 Issue rules and regulations for the
resolution of conflicts thru
appropriate and effective means
 Recommend appropriate policy
changes to the DENR and other
government authorities
 New Provisions
Sec. 11-B. Protected Area Management Office
(PAMO)
 Creation of PAMO to be headed by
a PASU with permanent plantilla
position
 DENR to appoint sufficient number
of support staff with permanent
plantilla positions assist the PASU.
 The PASU shall be primarily
accountable to the PAMB and the
DENR for the management and
operations of the protected area.
 May be augmented by deputized
local ENR officers
 New Provisions
Sec. 11-B. Protected Area Management Office
(PAMO)
Rule 11-B.1 The PASu shall report directly to the
CENRO or PENRO who has jurisdiction over the
protected area.
Case 1: PA within the jurisdiction of two or
more CENROS – report directly to PENR Office
Case 2: PA within the jurisdiction of two or
more PENROS – report to the PENR Office that has
jurisdiction over the larger portion of the PA and
thereafter coordinate with the other CENROs/
PENROs concerned.
Powers and functions of the PASu
Section 11-B. of the Implementing Rules and Regulations (ENIPAS Act of 2018)

• Request for and receive any technical assistance, support or advice from any
agency or instrumentality of the government as well as academic institutions,
NGOs, and the private sector, as may be necessary for the effective management,
protection and administration of the protected area;
• Issue permits and clearances for activities that implements the management plan
and other permitted activities in accordance with the terms and conditions, and
criteria established by the PAMB:
 New Provisions
Sec. 22. Existing Rights
 All existing property and private
rights within the protected area shall
be protected and respected in
accordance with existing laws.
 All existing rights, contracts or
agreements entered into by
government for the utilization of NR
within PAs shall continue to be
recognized and governed by Phil
laws.
 If the permits, contracts, and
agreements are not renewed, such
areas shall be rehabilitated or
restored by the permit holders.
 New Provisions
. . . Sec. 22. Existing Rights
 The occupation of LGUs and
communities within the PA shall also
be respected.
 Municipalities and cities with existing
townships and town centers within
the PA shall continue to occupy such
townships and town centers.
 Provided, CLUPs and barangay
development plans shall give due
consideration to the intended use of
for biodiversity conservation and
objectives of the PA.
 New Provisions
Sec. 23. Tenured Migrants and Other
Protected Area Occupants
 Tenured migrants are eligible to become
stewards of portions of Multiple Use
Zone (MUZ).
 PAMB to review all tenurial
instruments, land claims, resource use
permits & recommend issuance of
appropriate tenurial instrument
consistent with the zoning and
management plan.
 Rule 23.3 A Certificate of Recognition
shall be issued to those who qualify as
tenured migrants under this Order.
 New Provisions
. . . Sec. 23. Tenured Migrants and Other
Protected Area Occupants

 If within Strict Protection Zone (SPZ),

transfer of Tenured Migrants (TMs)
to MUZ or Buffer Zone (BZ) shall be
done thru just and humane means.
 Those not qualified as TM shall be
resettled outside the PA.
 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.
 New Provisions
Sec. 24. Existing Facilities within the PA
Inventory of all existing facilities to be
conducted within 60 days.
Submission of report containing descriptions,
assessment report and appropriate
recommendations by the RED to DENR Visitor Center
Secretary thru BMB.
The PAMB/DENR may impose conditions for
the continuous operation of a facility found to
be detrimental to the protected area.
Existing facilities allowed to remain shall be Information Center Boardwalk
charged a reasonable fee by the PAMB based
on existing guidelines.
Structures within the 40-meter easement
shall be demolished unless proven to protect
the shoreline and mitigate habitat destruction.
 New Provisions
Sec. 25. Special Uses Within Protected Areas
 Special uses may be allowed within PA
except in Strict Protection Zones and
Strict Nature Reserve.

 The activities should be consistent

with the PA Management Plan.

 Issuance of tenurial instrument is

subject to compliance to ECC and
payment of user fee.
COVERAGE OF SPECIAL USES

Allowable Considera
Uses -tions for
SU

Roles of Other
the PASu Provisions
on SU

Existing SPECIAL Provisions

Facilities USES on Energy
Resources

SAPA
Rate Additiona
l Require-
ments
Penalties
and EIS
surcharge
s
SAPA Application Procedure
 . . . Sec. 25. Special Uses Within Protected Areas
 User fee is 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.

 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 satisfactory
rehabilitation.
 Sample
Computation
 Pumped-storage Hydropower Project certified by the DOE as Energy Project of
National Significance (EPNS)
 Project location: inside Upper Marikina River Basin Protected Landscape
 Project area: 530 hectares
 Project Cost is P30B
 The highest zonal valuation of the nearest commercial zone is Php1,700/m2

1. Compute the 5% 2. Compute 1% of the Development

costP30B x 0.01 = P300,000,000
a) Get the 5% of Php1,700/m2
1700 x 0.05 = P85/m2
3. Add solutions 1 and 2
b) Convert area into square meters P300M + P450.5M = P750M
530 has. x 10,000 m2/ha = 5,300,000m2
c) Multiply the results
5,300,000 x 85 = P450,500,000
 New Provisions
Sec. 26. Local Government Units
LGUs within the PA shall participate in its
management through representation in
the PAMB.
All funds directly coming from the LGUs
shall be exempted from the twenty-five
percent (25%) remittance requirement for
the IPAF.
LGUs shall continue to impose and collect
other fees such as business permits and
rentals of LGU facilities, provided, that
they shall not impose property tax on
properties owned by the government for
areas covered by PA.
 New Provisions
Sec. 26. Local Government Units
Rule 26.1 Any LGU with territory inside a PA
may:
a. Participate in the management of the PA
through representation in the PAMB
b. Remit, at its option, a portion of its IRA, or
other income, as its contribution to the PA-
RIA; and
c. Impose and collect fees for business permits,
regulatory fees, real property taxes on private
property, and rentals for LGU facilities they
traditionally collect, except such fees
enumerated under Section 16 of the NIPAS
Act as amended. (slide 33 on Tax Exemption)
 New Provisions
. . . Sec. 26. Local Government Units

Rule 26.2 The fees for the use of

facilities and resources installed or
constructed by the LGU within the
PA as allowed in its management
plan shall be imposed by the LGU in
consideration of its investment
and/or its significant contribution to
the protected area
 New Provisions
. . . Sec. 26. Local Government Units

 LGUs with territory inside PA

shall align their plans according
to the objectives of the PA
Management Plan.

 Administrative and criminal

liabilities of LGU officials in case
of failure to enforce or
implement provisions of the Act
 New Provisions
Sec. 27. Reporting Responsibility

 The PASU thru the PAMB shall submit

annual accomplishment report to the
DENR Secretary thru BMB.
 A report on the conditons and benefits of
the biological resources and ecosystem
services of the PA to be submitted by the
PASu thru channels to the DENR Secretary
every 5 yrs.
 BMB shall prepare a National State of PA
Report every 5 yrs for submission to the
President thru the Senate and House of
Representatives.
Sec. 33 Transitory Provision
 The DENR shall henceforth cease to
issue concessions, licenses, permits,
clearances, compliance documents
or other instruments that allow
utilization of resources within the PA
until the management plan shall
have been put into effect.

 All existing land use and resource use

permits shall be reviewed and shall
not be renewed upon their expiration
unless consistent with the
management plan and approved by
the PAMB.