Republic Act No.

11038
Expanded National Integrated Protected Areas System of 2018

An act declaring protected areas and providing for their management, amending for this purpose Republic Act No.
7586, otherwise known as the “National Integrated Protected Areas System (NIPAS) Act of 1992”, and for other
purposes.

1. What is E-NIPAS Law?

The Expanded National Integrated Protected Areas System Act of 2018 (ENIPAS) under Republic Act No. 11038,
which was signed into law by the Philippines President on June 22, 2018 is an amendment to an old piece of
legislation known as the National Protected Areas System (NIPAS) Act of 1992, which assigned 13 protected areas
into law. Since 1992, 113 protected areas have been declared through Presidential proclamations under the NIPAS
Law. However, only 13 protected areas have finally proceeded to be legislated as such in the more than 20 years
since the NIPAS Act was enacted. Many important ecosystems remained under protected, including open seas,
coastal areas, wetlands and tropical forests. These 13 protected areas received regular government funding while
the rest of the PAs, covered by presidential proclamations or executive orders thus, considered only as initial
components, did not and thus may be disestablished later on. The law, which amends Republic Act 7586, increases
the number of protected areas covered by legislation from 13 to 107, for a total of three million hectares, which
strengthens its status as a protected area since disestablishment will require another law.

Protected areas, according to the law, are "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."

Republic Act 11038, otherwise known as the Expanded National Integrated Protected Areas System (E-NIPAS) Act
of 2018, is expected to boost ongoing efforts to conserve and protect the country’s rich biological diversity and
ecosystems.

2. The value and benefits from biodiversity.

The economic value of ecosystem services in the Philippines is estimated at Php 2.3 trillion ranging from timber
and fuelwood production, water provision, ecotourism, carbon sequestration, flood prevention, and fishery
production, among others. Despite the many benefits we get from our natural wealth, our biodiversity is in severe
decline. It also receives the least priority in terms of government budgeting.

The E-NIPAS Act places 94 PAs nationwide under government management and protection, specifically the
Department of Environment and Natural Resources (DENR), ensuring a regular annual budget for its conservation.
The E-NIPAS law will pave the way for a more extensive protection and effective preservation of the remaining
protected areas in the country by giving more access to funding for protection programs. The Act allows for the
collection of funds from environmental compliance certificates (ECC) and special use permits from industries
operating within the protected areas and imposes stricter fines for violators. These funds go straight to a trust fund
called the Integrated Protected Area Fund (IPAF), which is then channeled back for conservation projects. This will
ensure that a bigger budget will be allocated for the management of 107 PAs. ENIPAS increases the budget for PAs
from P65 million per year to possibly P535 million, an increase of approximately 823 percent in the annual General
Appropriations Act (GAA). Increasing budget allocation for protected areas means stronger protection for our
threatened plant and animal wildlife.
3. Salient provisions of the Law:

A. Classifies 94 Protected Areas as National Parks with a total area of 3,096,410.01 hectares; Defines permanent
boundaries.

(a)Surrounding areas of PA may be designated to provide extra layer of protection where restrictions may be
applied
(b)Designated by the DENR Secretary upon recommendation of the PAMB
(c)In case of private lands, owners are required to design development with due consideration to the Management
Plan

B. Modifies the Protected Area Management Board (PAMB) composition

(a) PAMB to be created for each PA within 3 mos. after the effectivity of the ENIPAS Act;
(b) Expansion of PAMB membership; DENR chairs;
(c) Ex officio members are DENR RD; 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.
(d) Other PAMB members: 3 Reps either NGO/PO reps; at least 1 but more than 3 IP/ICC reps, 1 academic
institution, 1 private sector rep; will be appointed by the DENR Secretary and will serve a term of 3 years and may
be reappointed for another 3 years.

C. Creates the Protected Area Management Office (PAMO)

(a) Headed by PASU sufficient number of support staff with permanent plantilla position
(b) Primarily accountable to the PAMB and the DENR for the management and operations of the protected area

D. Clarifies the Integrated Protected Area Fund (IPAF)

(a) Reiterates retention of 75% of PA income and clarifies utilization of 25% of the IPAF collection.
(b) The seventy-five percent (75%) revenues generated from the protected area to be used to support its operation
and management;
(c) The remaining twenty-five percent (25%) of revenues shall be deposited as a special account in the general fund
in the National Treasury for purposes of financing the projects of the System.

E. Administration and management of the System by DENR through BMB

(a) Jurisdiction shall remain in the concerned department or government instrumentality

(b) DENR to retain its oversight function
(c) Concerned agency shall provide annual reports on the management of such protected areas with focus on
conservation of biodiversity therein

F. Establishes buffer zones in protected areas by the PAMB upon concurrence by the DENR. And bans mining and
all forms of "extractive activities" within these site.

G. Recognizes existing local communities, townships, and town centers, as well territories and areas occupied by
indigenous peoples.

(a) All property and private rights within the protected area shall be protected and respected, provided that the
exercise of such rights shall be harmonized with the provisions of the act
(b) The renewal of permits, contracts and agreements shall be subject to the provisions of the Act. If the permits,
contracts, and agreements are not renewed, such areas shall be rehabilitated by the permit holders and shall
revert to national parks classification
(c) The occupation of LGUs and communities within the PA will also be respected and will continue to occupy such
townships and town centers
(d) Recognition of tenured migrants within protected areas
(e) 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
(f) Inventory of all existing facilities within the PA shall be conducted and will be submitted to DENR Secretary
(g) The PAMB may impose conditions for the continuous operation of a facility found to be detrimental to the
protected area
(h) Existing facilities allowed to remain within the protected area shall be charged a reasonable fee by the PAMB
based on existing guidelines
(i) LGUs with territory inside PA shall align their plans according to the objectives of the PA Management Plan
(j) Administrative and criminal liabilities of LGU officials in case of failure to enforce or implement provisions of the
Act

H. Recognizes territories and areas occupied by ICCs/IPs

(a) Territories and areas occupied by IPs and communities shall be recognized, respected, developed, and
promoted
(b) ICCs and IPs have the responsibility to govern, maintain, develop, protect, and conserve such areas, in
accordance with their indigenous knowledge systems and practices and customary law
(c) There shall be 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

I. Allows renewable energy development

(a) Exploration may be allowed for purpose of data gathering and information and if such activity is carried out
with least damage
(b) Development and operation of non-renewable energy projects prohibited in SNR and NP
(c) Renewable energy projects located in the multiple use zones may be allowed by the PAMB with the
concurrence of the DENR Secretary
(d) Renewable energy projects will undergo EIA and shall adopt reduced impact technologies

J. Grants tax exemptions

(a) All grants, bequests and endowments, donations and contributions made to the Protected Area fund in
accordance with the provisions of the National Internal Revenue Code of 1997, as amended.

K. Provides wider coverage of prohibited acts. Among the acts that are against the rules are the following:

(a)Trespassing and disturbing wildlife

(b)Hunting, taking or collecting any wildlife or by-products
(c) Cutting, gathering, removing or transporting timber and forest products without permission
(d) Using any fishing gear and doing practices that destroy marine life
(e) Dumping toxic chemical, untreated sewage, or animal waste
(f) Kaingin or causing forest fires
 (g) Damaging and leaving roads and trails
(h) Littering
(i) Possessing or using blasting caps or explosives
(j) Occupying or dwelling in any public land
(k) Building any structure, fence, or closure
(l) Conducting any business enterprise without permission
(m) Purchasing or leasing lands

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

L. Imposes higher fines and penalties

(a) Imposition of higher rates of fines from PhP200,000.00 to Php 5 M.
(b) Stiffer penalty for violators such as imprisonment from 1 year up to not more than 12 years
(c) Penalty of perpetual disqualification from public office for the public/government officials

M. Emphasizes administrative and criminal liabilities of local government units in case of failure to enforce or
implement.

4. List of Protected Areas

Among those to be protected by the E-NIPAS Law:

(a) The Ramsar Convention site: Agusan Marsh (Agusan del Sur) and Olango Island (Cebu).
(b) Las Piñas-Parañaque Wetland Park.
(c) Siargao Island in Surigao del Norte
(d) Chocolate Hills and Panglao Island in Bohol
(e) Apo Island in Negros Oriental
(f) Mt. Mayon in Albay
(g) Taal Volcano in Batangas
(h) Hinulugang Tak-tak in Rizal
(i) Palaui Island in Cagayan
(j) The ASEAN Heritage Sites Mount Timpoong-Hibok-Hibok (Camiguin)
(k) Mount Iglit-Baco (Mindoro)
(l) Turtle Islands Wildlife Sanctuary (Tawi-Tawi)

5. Exclusion of Palawan

The five protected areas in Palawan excluded in E-NIPAS Law:

1. Mt. Mantalingahan Protected Landscape (MMPL) - is a vast mountain range that covers four towns. It is home
to indigenous Palaw’ans and one of 11 important bird areas in the province, as well as one of only 10 sites of the
Alliance for Zero Extinction sites where various species are in imminent danger of disappearing in the Philippines.

2. Puerto Princesa’s Subterranean Park - a Unesco World Heritage site and one of the world’s seven wonders of
nature, is where the Underground River flows.
3. Malampaya Sound in Taytay town, northern Palawan - is the Philippines’ richest fishing ground and home to
the critically endangered Irrawaddy dolphins.

4. Rasa Island - home to the Philippine cockatoo, now facing extinction with only around 1,000 remain. The island,
of all places, has been chosen for a coal-fired power plant.

5. El Nido Managed Resource - El Nido was recently voted as World’s Best Island by Conde Nast Travel Magazine
for the second consecutive year.

One of the arguments of Palawan's congressmen for the exemption of the province in the bill is the conflict on the
implementation of the old NIPAS Law (RA 7586) and the Strategic Environmental Plan law (RA 7611). Palawan
governor and PCSD chairperson Jose Alvarez said that the existing Palawan Strategic Environmental Plan (SEP) Law
is enough to provide protection in these specific sites. That rather than inclusion in the E-NIPAS Act, Palawan needs
a specific bill to strengthen its existing SEP law, and to have "commensurate budget allocation from the national
government which they can cascade to every Palaweño that are the rightful stewards of Palawan's natural
endowments."

Republic Act No. 7611 or the Palawan SEP Law is a statute that takes into account into administration and
development, the unique characteristics of Palawan, which is often tagged as the Philippines' last frontier. Palawan
is the only province in the country with its own council for sustainable development.