Republic Act No. 7586 1

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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:

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:

1. “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;

2. “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;

3. “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;

4. “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;

5. “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;

6. “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;

7. “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;

8. “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;

9. “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;

10. “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;

11. “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;

12. “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

13. “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:

1. 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;

2. 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;

3. 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;

4. 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:

1. 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;

2. 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

3. 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 5d.

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;
(SGD.) NEPTALI A. GONZALES (SGD.) RAMON V. MITRA

President of the Senate 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.
(SGD.) ANACLETO D. BADOY, JR. (SGD.) CAMILO L. SABIO

Secretary of the Senate Secretary General

House of Representatives

Approved: June 01 1992


(SGD.) CORAZON C. AQUINO

President of the Philippines

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