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
Section 1. Title. — This Act shall be known and referred to
as the "National Integrated Protected Areas System Act of 1992."
Sec. 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, possess common ecological values that may be incorporated
into a holistic plan representative of our natural heritage; that
effective administration of these areas 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
habitants 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."
Sec. 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 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.
Sec. 4. Definition of Terms. — For purposes of
this Act, the following terms shall be defined as follows:
(a) "National Integrated Protected Areas Systems
(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;
(b) "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;
(c) "Buffer zones" are identified areas outside the
boundaries of and immediately adjacent to designated protected areas
pursuant to Sec. 8 that need special development control in order to
avoid or minimize harm to the protected area;
(d) "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;
(e) "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;
(f) "Natural monument" 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;
(g) "Natural biotic area" is an area set aside to
allow the way of life of societies living in harmony with the
environment to adopt to modern technology at their pace;
(h) "Natural park" is a relatively large area not
materially altered by human activity where extractive resources uses
are not allowed and maintained to protect outstanding natural and
scenic areas of national or international significance for scientific,
educational and recreational use;
(i) "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 recreation and tourism within the normal lifestyle
and economic activity of these areas;
(j) "Resources reserve" is an extensive and
relatively isolated and uninhabited are 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;
(k) "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;
(l) "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
(m) "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
manipulation for their perpetuation.
Sec. 5. Establishment and Extent of the System. —
The establishment and operationalization of the System shall involve
the following:
(a) All areas or islands in the Philippine
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 are, strict nature
reserve, watershed, mangrove reserve, fish sanctuary, natural and
historical landmark, protected and managed landscape/seascapes 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;
(b) 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 description or natural boundaries of
each protected area initially comprising the System. Such maps and
legal descriptions shall, by virtue of this Act, constitute the
official documentary representation of the entire System, subject to
such changes as Congress deems necessary;
(c) 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;
(d) 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 nonsuitability for
preservation as protected area and inclusion in the System according to
the categories established in Sec. 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:
(i) Notify the public of the 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.
(ii) Conduct public hearing at the locations nearest
to the area affected;
(iii) At the 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
nongovernment 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 the hearing; and
(iv) 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;
(e) 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 system; and
(f) 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, additional 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 this
recommendation to Congress, additional areas which have not been
designated, proclaimed or set aside by law, presidential decree,
proclamation or executive order as protected area/s.
Sec. 6. Additional Areas to be Integrated to the
System. — Notwithstanding the establishment of the initial component of
the System, the Secretary shall propose the inclusion in the System of
additional areas with outstanding physical features, anthropological
significance and biological diversity in accordance with the provisions
of Sec. 5(d).
Sec. 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 forest 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.
Sec. 8. Buffer Zones. — For each protected area,
there shall be established peripheral buffer zones which 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 be prepared for each protected area. That
DENR shall exercise its authority over protected areas as provided in
this Act on such area designated as buffer zones.
Sec. 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 and 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 limitation,
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 be include
subordinate officers, clerks, and employees as may be proposed by the
Secretary, duly approved by the Department of Budget and Management,
and appropriated for by 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 Sec. 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 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, nongovernment
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 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
are; 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 establishment protected
area shall be created and shall be composed of the following: the
Regional Executive Director under whose jurisdiction the protected area
is located; on (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 nongovernment 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 nongovernment 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 Philippines Environment Impact Assessment (ELA) 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 no 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 Sec. 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 endowments shall be exempted from
income or gift taxes and all other taxes, charges or fees imposed by
the Government for 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 areas; and
(d) Such other fees and incomes derived from the
operation of the protected area.
Disbursements from the Fund 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 rule on
criminal procedure for the violation of laws and regulation relating to
protected areas. Persons arrested shall be brought to the nearest
police precinct for investigation.
Nothing herein mentioned shall be constructed as preventing regular
laws enforcers and police officers from arresting any person in the act
of violating said laws and regulating.
SECTION 19. Special Prosecutor. — The Department of
Justice shall designate special prosecutors to prosecute violations of
laws rules and regulations in protected areas:
Sec. 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, fences 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.
Sec. 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 also be required to restore or
compensate for the restoration to the damage: 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, 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.
Sec. 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.
Sec. 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.
Sec. 24. Effectivity Clause. — This Act shall take
effect fifteen (15) days after its complete publication in two (2)
newspapers of general circulation.
Approved: June 1, 1992
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