BRIEF BACKGROUND

Republic Act No. 7586, the National Integrated Protected Areas

System Act of 1992 was enacted primarily for biodiversity conservation. This
law provides the legal and developmental framework for the establishment
and management of protected areas (PAs) in the Philippines. It has a vital
role in implementing one of the top ten major approaches of the Philippine
Strategies for Sustainable Development.
The law secures the "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 parks as provided for in
the Constitution" for the present and future generations.
The law also establishes a National Integrated Protected Areas System
(NIPAS) which will designate, whether terrestrial, wetland or marine,
protected areas, areas that "shall encompass outstanding remarkable areas
and biologically important public lands that are habitats of rare and
endangered species of plants and animals, biogeographic zones and related
ecosystems." Enlisting categories of protected areas are as follows: (1)Strict
nature reserve; (2)Natural park; (3)Natural monument; (4)Wildlife sanctuary;
(5)Protected landscapes and seascapes; (6) Resource reserve; (7) Natural
biotic areas; and, (8) Other categories established by law, conventions or
international agreements which the Philippine Government is a signatory.

THE LAW
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 diversities of
the environment notably on areas with biologically unique features, 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,
animals and other organisms, 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 may be incorporated into a
national land-sea use planning framework consistent with global trends and
standards such as those provided in the Convention on Biological Diversity
and other international agreements; that effective administration of these
areas is possible only through cooperation among national government, local
government, concerned private organizations and local communities; and
that the use and enjoyment of these protected areas must be consistent with
the principles of biological diversity, sustainable development and protection
of cultural heritage.
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 and ancestral domains that are
habitats of rare and endangered species of plants and animals, biogeographic zones and related ecosystems, whether terrestrial, wetlands or
marine, all of which shall be designated as "protected areas".
2.1 The following shall be the specific
theestablishment and management of the NIPAS:

policies

governing

2.1.1 There shall be a policy of contiguousness of protected

areas and the use of police power and eminent domain to make
each protected area whole, if necessary and applicable.
2.1.2 Protected areas should complement each other in terms of
taxonomic representation, actual species migration patterns,
maintenance of essential ecological processes and life support
systems, and efficiency in conservation costs.

2.1.3 The management plan of protected areas shall be

integrated with the comprehensive land use plan of the local
government units.
2.1.4 The management of the NIPAS shall contribute to
achievement of significant reduction in the rate of biodiversity
loss in the short-term and help in the development of long-term
targets.
2.2 In order to achieve the above specific policies of the NIPAS, the
following strategies are hereby adopted:
2.2.1 In selecting areas for inclusion in the NIPAS, the
conservation priority areas in each of the identified
biogeographic zones in both aquatic and terrestrial environments
shall be primarily considered.
2.2.2 The NIPAS should complement and be consistent with the
establishment, creation or designation of similar conservation
areas under other relevant laws
Scope and Coverage
This Order shall apply to all protected areas established under the
NIPAS and all initial components as provided in the NIPAS Act, subject to
Congressional enactments governing particular protected areas.
This Order shall likewise set forth in detail the processes by which the
DENR and other concerned institutions and agencies will establish,
administer, manage and disestablish protected area.
Categories
The following categories of protected areas are hereby established of
a protected area:
(a) Strict nature reserve;
(b)Natural park;
(c) Natural monument;
(d)Wildlife sanctuary;
(e) Protected landscape 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.

Definition of Terms
For purposes of this Order, 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;
Buffer zones are intended to provide an extra layer of protection
around the protected area while also providing livelihood opportunities
based on sustainable resource utilization. The major goal is to
encourage buffer zones residents and/or managers to establish a
strong social fence that will prevent encroachment into the protected
area by others, that is, to provide sufficiently strong incentives so that
buffer zone users will help to protect the protected area
- Must be established by law
- The PAMB and the PAS shall exercise authority over buffer zones
on behalf of the DENR in cooperation with NGOs and other
government agencies
- The range of resource management activities that may be
allowed in various portions of the buffer zone must be broad so
as to give maximum management flexibility
- Those who will manage buffer zone areas; indigenous cultural
communities, tenured migrants and others; must play a
prominent role in developing the plans, policies and rules for
buffer zone management
"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.
Establishment and Extent of the System
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;
-

The first stage in the establishment of the initial components of the

NIPAS will involve a four-step process for the DENR. The steps will
include:
a. compiling technical descriptions and maps of the areas
designated in Section 2;
i. (ii) an initial screening of these areas for their suitability for
inclusion in the NIPAS;
ii. (iii) studies and public hearings to build a case for formal
establishment of suitable areas in this group as protected
areas; and
b. (iv) preparing final recommendations for the President and the
Congress.

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;
2.
An ethnographic study;
3.
A protected area resource profile;
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.
The DENR Regional Office under the direction of the Regional Executive
Director (RED) shall undertake or cause to undertake the activities from
below
- Compilation of Maps and Technical Descriptions of Protected
Areas
- Initial Screening. - After the maps and technical descriptions of
the initial NIPAS components have been compiled, evaluate the
suitability or unsuitability of each area for inclusion in the NIPAS
- Public Notification. - The general public, local government units,
non-government organizations, indigenous communities and all
other concerned institutions and agencies shall be informed
- Initial Consultation. - Organize consultative meetings at locations
within or near the areas identified for possible establishment as
protected areas
- Census and Registration of Protected Area Occupants.
- Initial Protected Area Plan. - Compile information developed in
the studies and from other available sources. if the area is still
judged to be suitable for inclusion in the NIPAS, develop a land
use plan for each proposed protected area in coordination with
the regional Development Council.
- Public hearings. - Conduct public hearings on the proposed
inclusion of each area under the NIPAS. The DENR shall: (i) notify
the public of proposed establishment of the protected area under
the NIPAS Act through publication in newspapers of general
circulation and such other means deemed necessary in the
vicinity of the affected land at least 30 days prior to the public
hearing
- Regional Review and Recommendations. - Following the public
hearings, make any modifications of the boundary and/or
management plan that may be warranted and, if sufficient public
support for inclusion of the area under the NIPAS is evident,
prepare and submit to the Secretary a report that includes a draft
Presidential Proclamation designating the area as a protected
area
- National Review and Recommendations. - Within three (3) years
of the effectivity of the Act, the Secretary, based on the review of
recommendations made by the Regional Offices, shall
recommend to the President the areas for inclusion as initial
components under the NIPAS
- Presidential Proclamation

Congressional Action. - For areas recommended by the Secretary

and proclaimed by the President, a law pursuant to the NIPAS
shall be enacted by Congress
Demarcation. - Upon enactment of a law defining and
establishing a protected area, the boundary of the said area shall
be established and demarcated on the ground with concrete
monuments or other prominent physical landmarks or features.

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 5d.
Disestablishment as Protected Area
A Protected Area may be withdrawn, disestablished, or its boundaries
modified as warranted by a study through an act of Congress. Under the
Implementing Rules and Regulations of NIPAS Act, the following are the
procedures in disestablishing, or modifying boundaries of a protected area:
a. The basis for recommending for disestablishment or boundary
modification of an established protected area shall be warranted by a
study prepared for the purpose. Such a study shall be undertaken by
the pertinent regional office under the direction/supervision of the RED;
b. Results of the study and recommendation for disestablishment or
boundary modification shall be presented at public hearings prior to
submission to the Secretary. Provided, that if the areas has been
previously established under the Act, the recommendation shall be
supported by a majority of members of the Protected Area
Management Board (see Chapter V):
c. The DENR Secretary shall then advise and submit to Congress his
recommendation together with relevant supporting documents;
d. Recommend disestablishment or boundary modification pursuant to
Section 7 of the Act shall only take effect after Congressional Action;
e. Areas disestablished by Congress shall revert to the category of public
forest unless otherwise specified under the law providing for
disestablishment. This shall not prejudice existing of future delineation
of the area as ancestral domain.
f. The Secretary may recommend the transfer of disestablished areas to
other government agencies for the implementation of priority
programs serving the national interest. Provided, that where
applicable, ancestral claims shall be accorded the highest priority.
g. The public shall be duly notified of above actions following the
procedure in Section 3 of this Order.

Buffer Zones
Buffer Zones are identified areas outside the boundaries of and
immediately adjacent to designated protected areas. Each protected area
has established peripheral buffer zones 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 be prepared for
each protected area.
As provided for in the Implementing Rules and Regulations, the major
goal of establishing buffer zones is to encourage buffer zones residents
and/or managers to establish a strong fence that will prevent encroachment
into the
protected area by others. The following are the guidelines:
a. Buffer zones must be established by law in the same manner that a
protected area is established. Therefore, every effort shall be made to
include the appropriate buffer zones in the original recommendations
for establishment.
b. When buffer zones are established after the protected area has been
established, the procedures to be followed are those set forth in
Section 4 of this Order.
c. The PAMB and the PAS shall exercise authority over buffer zones on
behalf of the DENR (Section 8 of this Act) in cooperation with NGOs and
other government agencies. Management and land use practices for
buffer zones shall be prescribed in the management plan.
d. The range of resource management activities that may be allowed in
various portions of the buffer zone must be broad so as to give
maximum management flexibility. If very limited resource access is
contemplated, the area should be considered for inclusion in the
protected area. In cases where there is conflict in the classification of
buffer zone such classification shall not impair the traditional livelihood
of cultural communities.
e. Those who will manage buffer zone areas; indigenous cultural
communities, tenured migrants and others; must play a prominent role
in developing the plans, policies and rules for buffer zone
management.
Management Plans
In order to promote the adoption and implementation of innovative
management techniques, 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, there shall be a general management planning strategy to serve as
guide in formulating individual plans for each protected area.
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.
The contents of the Management Manual shall include the following:
a. Executive Summary:
b. Description of the Protected Area:
i. Historical Background
ii.
Biogeographical Setting
iii.
Regional and Local Setting
iv.
Topography, Geology and Soils
v. Climate
vi.
Boundaries and the Rationale for their Location
vii.
Flora and fauna, Habitats, and Ecosystems
viii.
Human Population and Current Ecosystems
ix.
Legal Status and Regulations
x.
Current Management Activities and Research
xi.
Initial Environmental Examination Report
c. Issues:
i. Conservation Value
ii.
Biodiversity Concerns
iii.
Habitat and Rehabilitation Needs
iv.
Management Constraints
v. Local Interests, Rights and Concerns
vi.
Development Potential, including Tourism
vii.
Changes Required in Legal Status
d. Management Plan: This section will draw upon the background and
issues to justify the goals, objectives, strategy and management
activities to be used.
i. Goals - long term
ii.
Objectives - to be achieved within the life of the project or plan,
quantifiable to the extent possible.
iii.
Key management issues
iv.
Site Management Strategy - what is the plan that will integrate
management activities to address key management issues to
meet the objectives.
v. Management Strategy - an overall strategy is needed as well as
zone specific strategies and management activities. Buffer zones

shall be treated as an integral part of the protected area when

planning.
a. community organization
b. ancestral domain and rights
c. tenure for tenured protected area and buffer zone
residents
d. boundary demarcation
e. management zone boundaries and the rationale for each
f. protection program by wards / by the community
g. habitat rehabilitation
h. habitat management
i. infrastructure, including maintenance
j. visitor program and accommodations
k. specific management plans for each management zone,
including buffer zones
e. Bio-inventory and Research Program
f. Special Studies
g. Monitoring and Evaluation
h. Management Information Data Base Development
i. Administration
i. Staffing
ii.
Work Program
iii.
Budget
iv.
Annexes
a. Maps (1:50,000), pictures, aerial photographs
b. Species lists, etc.
c. References
Administration and Management of the System
The National Integrated Protected Area System is hereby placed under
the control and administration of the Department of Environment and
Natural Resources. To that effect, a division in the regional offices of the
Department to be called the Protected Areas and Wildlife Division under the
supervision of the Regional Technical Director is created in regions where
protected areas have been established. To carry out the mandate of this Act,
the DENR Secretary is given the following powers:
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 violations 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
disbursement or other property in the interest of the NlPAS, 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 for 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

building and other structures to be constructed in protected areas
and the material 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.
Protected Area Management Board
A Protected Area Management Board is created as a vehicle for
representative management on site. It shall be composed of the following:
a. The DENR Regional Executive Director (RED) as Chairman and advisor
in matters related to the technical aspects of protected area
management. When there are two or more REDs on the Board, the
Secretary shall designated one of them to be the Chairman.
b. One representative of the Autonomous Regional Government where
this is applicable.
c. The Provincial Development Officer from each province with territory
within the protected area.
d. One representative from each Barangay with territory within the
Protected area.
e. One representative from each tribal community residing within the
protected area, if applicable.
f. At least three (3) representatives from local NGO's and community
organizations, including people's organizations, church or civic
organizations. These representatives shall be based in or near
protected area.
g. One representative, if necessary, from other national government
departments that may be involved in protected area management. In
situations wherein two or more such departments are involved, the
representative shall be chosen by and among themselves.
The members of the Board shall serve for a term of five (5) years
without compensation, except for actual and necessary travelling and
subsistence expenses incurred in the performance of their duties. They shall

be appointed by the Secretary of DENR. The duties and functions of the

board are:
a. Decide matters relating to planning, resource protection and general
administration of the area in accordance with the General Management
Planning Strategy (GMPS).
b. Approve proposals, work plans, action plans, guidelines, for
management of the protected area in accordance with the approved
Management Plan.
c. Delineated and demarcate protected area boundaries buffer zones,
ancestral domains, and recognize the rights and privileges of
indigenous communities under the provisions of the Act.
d. Promulgate rules and regulations to promote development programs
and projects on biodiversity conservation and sustainable development
consistent with the Management Manual of the protected area.
e. Ensure the implementation of programs as prescribed in the
Management Plan in order to provide employment to the people
dwelling in and around the protected area.
f. Control and regulate the construction, operation and maintenance of
roads, trails, water works, sewerage, fire protection and sanitation
systems and other utilities within the protected area.
g. Monitor and evaluate the performance of protected area personnel,
NGOs and the communities in providing fore biodiversity conservation
and socio-cultural and economic development and report their
assessments to the NIPAS Policy and Program Steering Committee
(NPPSC) and the IPAF Governing Board.
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.
ECC- certifies that the project proponent has complied with the
procedures of the EIS System. The aim of the practice is to provide
transparency, consistency and predictability of the conditions imposed on
the Environmental Compliance Certificate (ECC).

Sector/subsector: The sector covers environmentally critical projects

and/or projects located in environmentally critical areas as defined by
Presidential Decree No. 1586, 1978.
ECCs may be suspended for violation of Proponents to comply with ECC
conditions. It is noted that ECC suspension does not necessarily mean the
Proponent is absolved of its responsibility in implementing its approved
Environmental Management Plan (EMP). PD 1586 does not preclude the fact
that DENR may require the Proponent to institute environmental
safeguards/measures to prevent further threat or actual damage to the
environment.
Imposition of fines and penalties is vested on the Directors of the EMB
Central Office or Regional Office upon persons or entities found violating
provisions of P.D. 1586 and its Implementing Rules and Regulations.
Legal Basis of Fines and Penalties
The fines, penalties and sanctions of the Philippine EIS System is based
on the Section 9.0 provision of P.D. 1586, as follows: " Penalty for Violation.Any person, corporation or partnership found violating Section 4 of this
Decree, or the terms and conditions in the issuance of the Environmental
Compliance Certificate, or of the standards, rules and regulations issued by
the National Environmental Protection Council pursuant to this Decree shall
be punished the suspension or cancellation of his/its certificate and/or a fine
in an amount not to exceed fifty thousand pesos (P50,000.00) for every
violation thereof, at the discretion of the National Environmental Protection
Council."
Section 4 of P.D. 1586 states that "No person, partnership or
corporation shall undertake or operate any such declared environmentally
critical project or area without first securing an Environmental Compliance
Certificate issued by the President or his duly authorized representative."
The Philippine Environmental Impact Statement (EIS) system provides
the legal and procedural framework for conducting Environmental Impact
Assessments (EIAs) for projects likely to have significant environmental
impact.
1978 - Presidential Decree PD 1586, the Philippines formally
established the EIS System in that designated Department of Environment
and Natural Resources (DENR) Environmental Management Bureau (EMB)
and DENR Regional Offices as implementing agencies.
Purpose:

The EIS system was designed to safeguard the Philippine environment

and natural resources in the face of growing industrialization and
urbanization.
Administrative Order (DAO) 96-37 - DENR upgraded the EIS
system and revised the implementing rules and regulations.
DAO 2000-05 - issued by DENR, highlights the importance of public
participation and social acceptability in the environmental review process.
Ancestral Lands and Rights Over Them
Public Consultations and Hearings. - In preparing the management
plans, an iterative process of public consultations and hearings with the local
communities, non-government organizations and people's organizations
operating in and/or familiar with the conditions in the concerned protected
area, local government units and concerned national government offices
shall be undertaken to the fullest extent possible. The goal is a workable plan
strongly supported by the local community. It shall be the responsibility of
the Regional Executive Director (RED) to insure compliance with this
provision.
To a large extent, NIPAS Act-designated protected areas overlap with
the ancestral domain claims of indigenous peoples recognized under the
Indigenous Peoples Rights Act (IPRA) of 1997. The procedure for protected
area establishment is independent of the process of ancestral domain
recognition and titling. While both the NIPAS Act and the IPRA have the same
overall goal of protecting natural ecosystems, they have very different
approaches in terms of governance structures. The DENR and the National
Commission on Indigenous Peoples (NCIP) have made several attempts at
harmonization and coordination but fundamental incompatibilities remain.
Various protected areas where overlapping ancestral domain claims exist
have adopted different approaches to harmonization.
2007 DENR-NCIP joint circular - it appears that the DENR now
recognizes that primary responsibility for protected areas that are also
recognized as ancestral domain lies with the indigenous people claimants.
The DENR should closely coordinate with local indigenous peoples in
the delineation of protected area boundaries that overlap with ancestral
domain claims. The circular also facilitates the harmonization of protected
area management plans and ancestral domain management plans.
Indigenous peoples shall have primary responsibility to maintain, develop,
protect and conserve such overlapped areas with assistance from the DENR.
They may decide to transfer management responsibility to concerned
government agencies but this is only for a temporary period and primary

management responsibility will eventually revert to indigenous peoples

claimants.
The joint circular is the latest product of a decade of negotiations
between the DENR and the NCIP on how to deal with the protected area
ancestral domain overlap.
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.
Except for land and resource uses by indigenous peoples, which
require a different set of permitting rules, all allowable activities in protected
areas must be subject to regulation and permission by the DENR.
Special uses require a special use agreement in protected areas.
Special uses include: ecotourism facilities, camp sites, communication
facilities, transmission lines, irrigation canals and waterways, rights-of-way,
aquaculture, scientific monitoring stations, agroforestry, and forest
plantations. The allowable special uses depend on the category of the
protected area and the restrictions that apply to zones within the protected
area.
Survey for Energy Resources
The Management Plan shall be endorsed to the Secretary for his
approval and officially adopted by the PAMB in their capacity as
representatives of the local communities in the concerned protected areas.
Areas Under the Management
Government Instrumentalities

of

Other

Departments

and

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.
The greatest challenge from the standpoint of a legislative study is the
NIPAS Acts unresolved overlaps with other laws, specifically the Fisheries
Code with respect to coastal and marine conservation areas, and the IPRA
concerning ancestral domains. The requirement of a Congressional Act to
fully establish a protected area under the NIPAS Act opens the door for sitespecific laws 46 to deviate from the framework of the Act, since a new
congressional enactment will supersede the NIPAS Act for that particular
area. This matter is left to the vigilance of the DENR, which must ensure that
legislative proposals (which the DENR is supposed to review) are consistent
with the NIPAS Act framework, and to the wisdom of Congress to consider the
overall strategy and framework of protected areas system management and
to not treat each site-specific law or legislation on a related issue (pollution,
fisheries, local autonomy) in isolation.
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.
b.
c.
d.

Taxes from the permitted sale and export of flora and fauna and
other resources from protected areas;
Proceeds from lease of multiple use areas;
Contributions from industries and facilities directly benefiting
from the protected area; and
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.

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
recommendations.

and

other

pertinent

information,

together

with

Field Officers
All officials, technical personnel and forest guards or park rangers
employed in the protected areas or all persons deputized by the DENR, upon
recommendation of the Management Board shall be considered as field
officers. Such field officers 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
protected areas. Persons arrested shall be brought to the nearest police
precinct for investigation and filing of appropriate charges.
Nothing herein mentioned shall be construed as preventing regular
law enforcers and police officers from arresting any persons in the act of
violating the laws and regulations related to protected areas and biodiversity
conservation.
Special Prosecutor
The Department of Justice shall designate special prosecutors to
prosecute violations of laws rules and regulations in protected areas.
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, fishing, gathering, collecting, destroying, disturbing, or
possession of any plants or animals or products derived therefrom
without a permit from the DENR Secretary after clearance to be
obtained from the PAMB; Provided, that the DENR Secretary
exercises these powers upon advice of pertinent government
agencies;
b. Dumping of any hazardous and toxic products and other pollutants in
the protected area;
c. Use of any motorized equipment without a permit from the
Management Board;
d. Gathering, collecting, mutilating, defacing or destroying any
objects of special or cultural value within the protective area,
as may be defined in the Implementing Rules and Regulations;
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.
j. Introduction of alien or exotic species or genetically modified
organisms;
k. Possessing, selling or exporting ordinary precious and semiprecious corals, whether raw or in processed form;
l. Fishing or taking of rare, threatened, or endangered marine
species as listed in CITES and as determined by the DA-BFAR;
m.Fishing or operating any fishing vessel within Philippine waters
if made by any foreign person, corporation, or entity;
n. Other punishable offenses under Sections 90, 93, and 96 of
Republic Act No. 8558 committed within fishery reserves,
refuge, sanctuaries, and marine protected areas established
under said law or pursuant herein.
o. Other acts inconsistent with the management plan and/or
applicable laws such as the Fisheries Code, Wildlife Resources
Conservation and Protection Act, and others.
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 Ten Thousand Pesos
(P10,000.00) nor more than One Million pesos (P1,000,000.00) or
from 1% to 5% of the total value of the damage to the ecosystem,
whichever is higher or determinable, exclusive of the value of the thing
damaged, or imprisonment for not less than one (1) year but not more
than twelve (12) years, or both, depending on the gravity of the
offense, at the discretion of the court. Provided, that, if the area requires
rehabilitation or restoration as determined by the court, the offender shall
also be required to restore or compensate for the restoration to the damage.
Provided, further, that the penalties herein shall be in addition to
whatever penalties may be imposed on the offender for violating the
laws protecting fisheries, wildlife, or any particular species of flora
or fauna. Provided, further, that the court shall order the eviction of the
offender from the land and the forfeiture in favor of the Government of all
minerals, corals, timber or any species and materials 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, personally, and legally accountable for the act of his employees and
laborers: Provided, finally, that the DENR may impose administrative fines
and penalties consistent with this Act.

And in addition to the Sections provided in the NIPAS Law there must
be a provision for: Section 25
Alternative Dispute Resolution
The DENR Secretary shall issue the pertinent rules, regulations
and orders as would be necessary to implement an effective
alternative dispute resolution (ADR) or conflict management
mechanism for appropriate cases with the objective of
achieving speedy and impartial justice and actively promoting
party autonomy in the resolution of disputes or the freedom of
the parties to make their own arrangements to resolve their
disputes. Parties to a dispute shall not be allowed to invoke
the jurisdiction of courts without prior recourse to the ADR
process.

ANALYSIS

Salient Features of NIPAS Law are one, the DENR is the lead agency in
the administration of the NIPAS and among others it is mandated to submit
to the Senate and House of Representatives a map and legal description of
natural boundaries of each protected area, which shall constitute the official
documentary representation of the entire system and second, prohibited acts
and penalties thereof are defined.
However, there is a need to take a closer look into these seeming
inconsistencies in the law to make a more reliable and sound piece of
legislation. A law cannot be properly implemented if its provisions are vague
or inconsistent with other laws and the Constitution. Recognizing the
inherent flaws is a step closer to the achievement of enacting laws which are
socially relevant and proactive.
One area for concern in the NIPAS law is the wide latitude of discretion
given to the DENR secretary as regards the issuance of permits for certain
activities inside the protected area and the provision provided for in Section
20 of the NIPAS Act prohibits hunting, destroying, disturbing, or mere
possession of any plants or animals or products derived there from, use of
any motorized equipment, constructing or maintaining any kind of structure,
fence or enclosures, conducting any business enterprise without a permit.
This necessarily means that these acts are not prohibited if with permit. The
law does not provide for guidelines for the administrative exercise of
discretion to issue permits. Hence, the law can be perceived as vague and
an undue delegation of powers.
Moreover, there is the opinion that the NIPAS Act can be challenged as
being void on the ground of vagueness. This opinion states that the NIPAS
Act, specifically the portion on prohibited acts (Section 20), lacks
comprehensible standards which allow the people to necessarily guess at its
meaning and differ as to its application. It is repugnant to the Constitution in
two respects: (1) it violates due process for failure to accord persons,
especially the parties targeted by it, fair notice of the conduct to avoid; and
(2) it leaves law enforcers unbridled discretion in carrying out its provisions
and becomes an arbitrary flexing of the government muscle.
For instance, how can people know in advance what waste products
are detrimental to the protected area? Clearly, the law does not punish the
dumping of waste products per se, but only those waste products that are
detrimental to the protected area. Moreover, destroying objects within a PA
does not seem to be punishable by itself. What is punishable is to mutilate,
deface or destroy objects of natural beauty, or objects of interest to cultural
communities (of scenic value). Again, the NIPAS Act imposes no standard at
all because one may never know in advance what is naturally beautiful or of
scenic value to some people but is not so to others.

PROPOSED AMENDMENTS
HB 6156 Amending Republic Act No. 7586, January 18, 2013 House Bills.1
The NIPAS Law was enacted about 20 years ago. However, only a few
of the proclaimed and congress-enacted Protected Areas (PAs) are properly
managed exemplified only by the Mt. Kitanglad Protected Landscape in
Bukidnon. There are many constraints to the proper management of a PA.
Among these are the lack of plantilla position of Protected Area
Superintendent and its corresponding staff that is supposed to provide
management of a PA.
To implement fully the PA Management Plan requires tremendous
amount of funds. However, PAs are not appropriated with sufficient funds to
carry out proper management. In fact there are limited sources of funds for
the Integrated Protected Area Fund (IPAF). There is need to identify
innovative sources of funds for the IPAF in addition to its appropriate
application.
RA 7586 is basically applicable to terrestrial protected areas and there
is less emphasis on marine and inland water sites. This situation has led to
the identification and proclamation of loop-sided number of terrestrial PAs
against marine and fresh water areas. Of the 113 proclaimed PAs covering
3.57 million hectares, 84 are terrestrial (2.2 million hectares) while only 29
are marine and inland waters protected areas in 1.37 million hectares. The
law needs to be revised/amended to correct the situation.
The penalties for violation of the NIPAS Act are not commensurate to
the destruction of the environment that such acts bring about. There is need
to revise the penalties in terms of fines and/or imprisonment in order that
these pose some deterring effects on would-be violators.
Despite the provision of Section 45 of RA No. 8550, otherwise known as
the Fisheries Code thattwo (2) years after the approval of this Act, no fish
pens or fish cages or fish traps shall be allowed in lakes many lakes and
inland waters there are still such structures seeded beyond the carrying
capacity of the lakes or inland waters. In addition to aggravating causes fish
kills have occurred similar to the one that occurred in Taal Lake on May 29,
2011 when more than 800 tons of milk fish or bangus died worth P142
million because of over-stocking beyond the carrying capacity of the lake.
The carrying capacity of lakes and inland waters where fish cages or fish
1 http://agham.org.ph/house-bil-6156-amending-republic-act-no-7586/

pens are constructed, need to be assessed. This situation is aggravated by

the practice that local government executives issue business permits without
first requiring that the entrepreneur obtain an authorization from the DENR
through the Protected Area Management Board (PAMB).
NIPAS Law Review
A joint undertaking of the Department of Environment and Natural
Resources-Protected Areas and Wildlife Bureau (DENR-PAWB) and the
German Development Cooperation-GIZ in partnership with Silliman
University was embarked on to provide for final report An In-Depth Review
of the NIPAS Law and Related Statutes on the Establishment and
Management of Protected Areas in the Philippines, an analysis of the said
law.
The study is the first in-depth review of the Act, 20 years after its
implementation. The study concludes that However, the implementation of
NIPAS Act remains a challenge because of its certain provisions which are in
conflict with other environment laws. There were 202 identified initial
components of the NIPAS comprising of proclaimed national parks, game
refuge and wildlife sanctuaries, nature reserves, wilderness areas, mangrove
reserves, watershed reservations, fish sanctuaries, protected landscapes and
seascapes, among others. Thus far, of the 202 initial components, there are
112 protected areas formally proclaimed by the President under the System
covering 3.54 million hectares. However, only 13 protected areas have been
officially declared by law as part of the NIPAS. The study stresses the need
for an in-depth review and harmonizing a number of conflicting relevant laws
and policies affecting natural resources.