Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifth Regular Session
Begun and held in Metro Manila,
on Monday, the twenty-second day of July,
nineteen hundred and ninety one
REPUBLIC ACT NO. 7586
AN
ACT PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF
NATIONAL INTEGRATED PROTECTED AREAS SYSTEM,
DEFINING ITS SCOPE AND COVERAGE, AND FOR OTHER PURPOSES
Be it enacted by
the Senate and House of Representatives of the Philippines in Congress
assembled:
SECTION 1.
Title - This Act shall be known and referred to as the
"National Integrated Protected Areas System Act of 1992".
SECTION 2.
Declaration of Policy - 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, posses 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
animals, biogeographic zones and related ecosystems, whether terrestrial,
wetland or marine, all of which shall be designated as "protected
areas".
SECTION 3.
Categories - The following categories of protected areas are hereby
established:
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a. |
Strict nature reserve; |
|
b. |
Natural park; |
|
c. |
Natural monument; |
|
d. |
Wildlife sanctuary; |
|
e. |
Protected landscapes and seascapes; |
|
f. |
Resource reserve; |
|
g. |
Natural biotic areas; and |
|
h. |
Other categories established by law, conventions or international agreements which
the Philippine Government is a signatory. |
SECTION 4.
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;
- "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 in order 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 and prevent or contain development activities that
could affect the resource pending the establishment of objectives which are
based upon appropriate knowledge and planning;
- "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 5.
Establishment and Extent of the System - The establishment and operationalization of the System shall involve the following:
- 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;
- Within one (1) year from the effectivity of this Act, the DENR shall submit to the
Senate and the House of Representatives a map and legal descriptions or natural
boundaries of each protected area initially comprising the System. Such maps and
legal description shall, by virtue of this Act, constitute the official
documentary representation of the entire System, subject to such changes as
Congress deems necessary;
- All DENR records pertaining to said protected areas, including maps and legal
descriptions or natural boundaries, copies of rules and regulations governing
them, copies of public notices of, and reports submitted to Congress regarding
pending additions, eliminations, or modifications shall be made available to the
public. These legal documents pertaining to protected areas shall also be
available to the public in the respective DENR Regional Offices, Provincial
Environment and Natural Resources Offices (PENROs) and Community Environment and
Natural Resources Offices (CENROs) where NIPAS areas are located;
- Within three (3) years from the effectivity of this Act, the DENR shall study and
review each area tentatively composing the System as to its suitability or
non-suitability for preservation as protected area and inclusion in the System
according to the categories established in Section 3 hereof and report its
findings to the President as soon as each study is completed. The study must
include in each area:
|
1. |
A forest occupants survey; |
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2. |
An ethnographic study; |
|
3. |
A protected area resource profile; |
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4. |
Land
use plans done in coordination with the respective Regional Development
Councils; and |
|
5. |
Such
other background studies as will be sufficient bases for selection. |
The DENR shall:
- Notify the public of proposed action through publication in a newspaper of general
circulation, and such other means as the System deems necessary in the area or
areas in the vicinity of the affected land thirty (30) days prior to the public
hearing;
|
i. |
Conduct
public hearings at the locations nearest to the area affected; |
|
ii. |
At
least thirty (30) days prior to the date of hearing, advise all Local Government
Units (LGUs) in the affected areas, national agencies concerned, people's
organizations and non-government organizations and invite such officials to
submit their views on the proposed action at the hearing not later than thirty
(30) days following the date of hearing; and |
|
iii. |
Give
due consideration to the recommendations at the public hearing; and provide
sufficient explanation for his recommendations contrary to the general
sentiments expressed in the public hearing; |
- Upon receipt of the recommendations of the DENR, the President shall issue a
presidential proclamation designating the recommended areas as protected areas
and providing for measures for their protection until such time when Congress
shall have enacted a law finally declaring such recommended areas as part of the
integrated protected area systems; and
- Thereafter, the President shall send to the Senate and the House of Representatives his
recommendations with respect to the designations as protected areas or
reclassification of each area on which review has been completed, together with
maps and legal description of boundaries. The President, in his recommendation,
may propose the alteration of existing boundaries of any or all proclaimed
protected areas, addition of any contiguous area of public land of predominant
physical and biological value. Nothing contained herein shall limit the
President to propose, as part of his recommendation to Congress, additional
areas which have not been designated, proclaimed or set aside by law,
presidential decree, proclamation or executive orders as protected area/s.
SECTION 6.
Additional Areas to be Integrated to the System. - Notwithstanding
the establishment of the initial component of the additional areas with
outstanding physical features, anthropological significance and biological
diversity in accordance with the provisions of Section 5 d.
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 as herein
established in Section 11, it shall, in turn, advice Congress.
Disestablishment of a protected area under the System or modification of its
boundary shall take effect pursuant to an act of Congress. Thereafter,
said area shall revert to the category of public forests unless otherwise
classified by Congress: Provided however, that after disestablishment by
Congress, the Secretary may recommend the transfer of such disestablished area
to other government agencies to serve other priority programs of national
interest.
SECTION 8.
Buffer Zones. - For each protected area, there shall be established
peripheral buffer zones when necessary, in the same manner as Congress
establishes the protected area, to protect the same from activities that will
directly and indirectly harm it. Such buffer zones shall be included in the
individual protected area management plan that shall prepared for each protected
area. The DENR shall exercise its authority over protected areas as provided in
this Act on such area and designated as buffer zones.
SECTION 9.
Management Plans. - There shall be a general management planning
strategy to serve as guide in formulating individual plans for each protected
area. The management planning strategy shall, at the minimum, 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, socioeconomic and scientific researches, site-specific
policy development, pest management, and fire control. The management planning
strategy shall also provide guidelines for the protection of indigenous cultural
communities, other tenured migrant communities and sites for close coordination
between and among local agencies of the Government as well as the private
sector.
Each component
area of the System shall be planned and administered to further protect and
enhance the permanent preservation of its natural conditions. A management
manual shall be formulated and developed which must contain the following: an
individual management plan prepared by three (3) experts, basic background
information, field inventory of the resources within the area, an assessment of
assets and limitations, regional interrelationships, particular objectives for
managing the area, appropriate division of the area into management zones, a
review of the boundaries of the area, and a design of the management programs.
SECTION 10.
Administration and Management of the System. - The National Integrated Protected Areas System is hereby
placed under the control and administration of the Department of Environment and
Natural Resources. For this purpose, there is hereby created a division in the
regional offices of the Department to be called the Protected Areas and Wildlife
Division in regions where protected areas have been established, which shall be
under the supervision of a Regional Technical Director, and shall include
subordinate officers, clerks, and employees as may be proposed by the Secretary,
duly approved by the Department of Budget and Management, and appropriated by
the Congress. The Service thus established shall manage protected areas and
promote the permanent preservation, to the greatest extent possible of their
natural conditions.
To carry out the
mandate of this Act, the Secretary of the DENR is empowered to perform any and
all of the following acts:
|
a. |
To conduct studies on various characteristic features and conditions of the
different protected areas, using commonalities in their characteristics,
classify and define them into categories and prescribe permissible or prohibited
human activities in each category in the System; |
|
b. |
To adopt and enforce a land use scheme and zoning plan in adjoining areas for the
preservation and control of activities that may threaten the ecological balance
in the protected areas; |
|
c. |
To cause the preparation of and exercise the power to review all plans and
proposals for the management of protected areas; |
|
d. |
To promulgate rules and regulations necessary to carry out the provisions of this
Act; |
|
e. |
To deputize field officers and delegate any of his powers under this Act and other
laws to expedite its implementation and enforcement; |
|
f. |
To fix and prescribe reasonable NIPAS fees to be collected from government agencies
or any person, firm or corporation deriving benefits from the protected areas; |
|
g. |
To exact administrative fees and fines as authorized in Section 21 for violation of
guidelines, rules and regulations of this Act as would endanger the viability of
protected areas; |
|
h. |
To enter into contracts and/or agreements with private entities or public agencies
as may be necessary to carry out the purposes of this Act; |
|
i. |
To accept in the name of the Philippine Government and in behalf of NIPAS funds,
gifts or bequests of money for immediate disbursements or other property in the
interest of the NIPAS, its activities or its services; |
|
j. |
To call on any agency or instrumentality of the Government as well as academic
institutions, non-government organizations and the private sector as may be
necessary to accomplish the objectives and activities of the System; |
|
k. |
To submit an annual report to the President of the Philippines and to Congress on
the status of protected areas in the country; |
|
l. |
To establish a uniform marker of the System, including an appropriate and
distinctive symbol for each category in the System, in consultation with
appropriate government agencies and public and private organizations; |
|
m. |
To determine the specification of the class, type and style of buildings and other
structures to be constructed in protected areas and the materials to be used; |
|
n. |
Control the construction, operation and maintenance of roads, trails, waterworks,
sewerage, fire protection, and sanitation systems and other public utilities
within the protected area; |
|
o. |
Control occupancy of suitable portions of the protected area and resettle outside of
said area forest occupants therein, with the exception of the members of
indigenous communities area; and |
|
p. |
To perform such other functions as may be directed by the President of the
Philippines, and to do such acts as may be necessary or incidental to the
accomplishment of the purpose and objectives of the System. |
SECTION 11.
Protected Area Management Board. - A Protected Area Management Board for each of the established protected area
shall be created and shall be composed of the following: The Regional Executive
Director under whose jurisdiction the protected area is located; one (1)
representative from the autonomous regional government, if applicable; the
Provincial Development Officer; one (1) representative from the municipal
government; one (1) representative from each barangay covering the
protected area; one (1) representative from each tribal community, if
applicable; and, at least three (3) representatives from non-government
organizations/local community organizations, and if necessary, one (1)
representative from other departments or national government agencies involved
in protected area management.
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. They shall be appointed by the
Secretary of the DENR as follows:
|
a. |
A member who shall be appointed to represent each local government down to barangay
level whose territory or portion is included in the protected area. Each
appointee shall be the person designated by the head of such LGU, except for the
Provincial Development Officer who shall serve ex officio; |
|
b. |
A member from non-government organizations who shall be endorsed by heads of
organizations which are preferably based in the area or which have established
and recognized interest in protected areas; |
|
c. |
The RED/s in the region/s where such protected area lies shall sit as ex officio
member of the Board and shall serve as adviser/s in matters related to the
technical aspect of management of the area; and |
|
d. |
The RED shall act as chairman of the Board. When there are two (2) or more REDs in
the Board, the Secretary shall designate one (1) of them to be the Chairman.
Vacancies shall be filled in the same manner as the original appointment. |
SECTION 12.
Environmental Impact Assessment. - Proposals for activities which are outside the scope of the management plan
for protected areas shall be subject to an environmental impact assessment as
required by law before they are adopted, and the results thereof shall be taken
into consideration in the decision-making process.
No actual
implementation of such activities shall be allowed without the required
Environmental Compliance Certificate (ECC) under the Philippine Environmental
Impact Assessment (EIA) system. In instances where such activities are allowed
to be undertaken, the proponent shall plan and carry them out in such manner as
will minimize any adverse effects and take preventive and remedial action when
appropriate. The proponent shall be liable for any damage due to lack of caution
or indiscretion.
SECTION 13.
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: Provided, that the DENR shall
have so power to evict indigenous communities from their present occupancy nor
resettle them to another area without their consent: Provided, however, That all
rules and regulations, whether adversely affecting said communities or not,
shall be subjected to notice and hearing to be participated in by members of
concerned indigenous community.
SECTION 14.
Survey for Energy Resources. - Consistent with the policies declared in Section 2 hereof, protected areas,
except strict nature reserves and natural parks, may be subjected 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 the DENR, and
the result of such surveys shall be made available to the public and submitted
to the President for recommendation to Congress. Any exploitation and
utilization of energy resources found within NIPAS areas shall be allowed only
through a law passed by Congress.
SECTION 15.
Areas Under the Management of
Other Departments and Government Instrumentalities. - Should there be
protected areas, or portions thereof, under the jurisdiction of government
instrumentalities other than the DENR, such jurisdiction shall, prior to the
passage of this Act, remain in the said department or government
instrumentality; Provided, That the department or government instrumentality
exercising administrative jurisdiction over said protected area or a portion
thereof shall coordinate with the DENR in the preparation of its management
plans, upon the effectivity of this Act.
SECTION 16.
Integrated Protected Areas Fund. - There is hereby established a trust fund to be known as Integrated Protected
Areas (IPAS) Fund for purposes of financing projects of the System. The IPAS may
solicit and receive donations, endowments, and grants in the form of
contributions, and such endowment shall be exempted from income or gift taxes
and all other taxes, charges or fees imposed by the Government or any political
subdivision or instrumentality thereof.
All incomes
generated from the operation of the System or management of wild flora and fauna
shall accrue to the Fund and may be utilized directly by the DENR for the above
purpose. These incomes shall be derived from:
|
a. |
Taxes from the permitted sale and export of flora and fauna and other
resources from protected areas; |
|
b. |
Proceeds from lease of multiple use areas; |
|
c. |
Contributions from industries and facilities directly benefiting from
the protected area; and |
|
d. |
Such other fees and incomes derived from the operation of the protected
area. Disbursements from the Funds shall be made solely for the
protection, maintenance, administration, and management of the System,
and duly approved projects endorsed by the PAMBs, in the amounts authorized by the DENR. |
SECTION 17.
Annual Report to Congress. - At the opening of each session of Congress, the DENR shall report to the
President, for transmission to Congress, on the status of the System, regulation
in force and other pertinent information, together with recommendations.
SECTION 18.
Field Officers. - All officials, technical personnel and forest guards employed in the integrated
protected area service or all persons deputized by the DENR, upon recommendation
of the Management Board shall be considered as field officers and shall have the
authority to investigate and search premises and buildings and make arrests in
accordance with the rules on criminal procedure for the violation of laws and
regulations relating to the protected areas. Persons arrested shall be brought
to the nearest police precinct for investigation.
Nothing herein
mentioned shall be construed as preventing regular law enforcers and police
officers from arresting any person in the act of violating said laws and
regulations.
SECTION 19.
Special Prosecutors. - The Department of Justice shall designate special prosecutors to prosecute
violations of laws, rules and regulations in protected areas.
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; |
|
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.
SECTION 22.
Separability Clause. - If
any part or section of this Act is declared unconstitutional, such declaration
shall not affect the other parts or sections of this Act.
SECTION 23.
Repealing Clause. - All laws, presidential decrees, executive orders, rules and regulations inconsistent
with any provisions of this Act shall be deemed repealed or modified
accordingly.
SECTION 24. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in two
(2) newspapers of general circulation.
Approved;
NEPTALI A. GONZALES
President of the Senate
RAMON V. MITRA
Speaker of the House of Representative
This Act which
is a consolidation of House Bill No. 34696 and Senate Bill No. 1914 was finally
passed by the House of Representatives and the Senate on February 6, 1992.
ANACLETO D. BADOY, JR.
Secretary of the Senate
CAMILO L. SABIO
Secretary General
House of Representatives
Approved: June 01 1992
(SGD.) CORAZON C. AQUINO
President of the Philippines
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