Republic Act No. 10067
An
Act Establishing the Tubbataha Reefs Natural Park in the Province of
Palawan as a Protected Area Under the Nipas Act (R.A. 7586) and the
Strategic Environmental Plan (Sep) for Palawan Act (R.A. 7611),
Providing for Its Management and For Other Purposes
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. This Act shall be known and referred to as the "Tubbataha Reefs Natural Park (TRNP) Act of 2009".cralaw
Sec. 2. Declaration of Policy.
It shall be the declared policy of the State to ensure the protection
and conservation of the globally significant economic, biological,
sociocultural, educational, and scientific values of the Tubbataha Reefs
into perpetuity for the enjoyment of present and future generations.
These shall be pursued by managing the TRNP under a "no-take" policy and
through a sustainable and participatory management, taking into
consideration all applicable laws and international conventions to which
the Philippines is a signatory.cralaw
It shall further be the policy
of the State to promote the Tubbataha Reefs, with the end in view of
fostering widespread awareness and concern for the same. Towards this
end, the State shall undertake to carry out comprehensive and holistic
promotions, training and information campaign programs for the benefit
of the general public, in pursuance of the duty of the State to uphold
the primacy of protecting, preserving and promoting these resources.cralaw
Finally, it shall be the policy of the State to encourage the
participation of the private sector and the local government units in
the protection, preservation and promotion of the Tubbataha Reefs.cralaw
Sec. 3. Definition of Terms. For purposes of this Act, the following terms shall be defined as follows:chanroblesvirtuallawlibrary
(a)
"Bioprospecting" refers to research, collection and utilization of
biological and genetic resources for purposes of applying the knowledge
derived therefrom solely for commercial purposes.cralaw
(b) "Buffer
Zone" refers to the identified area outside the boundaries of and
immediately adjacent to TRNP that needs special development control in
order to avoid or minimize harm to the protected area.cralaw
(c)
"Commercial Fishers/Fisherfolk" refers to persons who catch fish and
other fishery products using fishing vessels of more than three (3)
gross tons.cralaw
(d) "Conservation Fees" refer to fees collected from authorized users of the TRNP.cralaw
(e) "Corals" refers to all bottom dwelling animals under the phylum Cnidaria,
which are a major part of the reef community. The definition includes
four (4) types of corals: (1) those that produce a hard skeleton out of
calcium carbonate such as all scleractinian corals, the hydrozoan corals
(firecorala), and the blue and red corals under the genera Heliopora and Tubipora;
(2) the antipatharian or black corals with a rigid, chitinous skeleton;
(3) the gorgonians with a horny and/or calcareous axis; and (4) the
soft bodied anthozoans such as sea anemones, and the soft corals under
the systematical group of Alcyonaria or Octocorallia.cralaw
(f) "Exotic Species" refer to species or subspecies that do not
naturally occur within the biogeographic region of the TRNP at present
or in historical time.cralaw
(g) "Explosives" refer to dynamite or
other chemical compounds that contain combustible elements or
ingredients which upon ignition by friction, concussion, percussion or
detonation of all or parts of the compound will kill, stupefy, disable
or render unconscious any species. It also refers to any other substance
and/or device, including blasting caps or any other component or part
of explosive devices, which causes an explosion that is capable of
producing the said harmful effects on any resources and capable of
damaging and altering the natural habitat.cralaw
(h) "Gear" refers to
any instrument or device and its accessories utilized in taking,
catching, gathering, killing, hunting, destroying, disturbing, removing
or possessing resources within the TRNP.cralaw
(i) "Kayakas" refers
to the fishing method known as the local version of the muro-ami but
smaller in size, using bamboo or trunk trees as scaring devices aside
from coconut or other leaves or materials to drive the fishes and other
marine resources out of the coral reefs, at the same time pounding the
corals.cralaw
(j) "Littering" refers to the disposal of small amounts
of non-biodegradable solid waste materials such as, but not limited to,
cigarette butts, candy wrappers, plastic materials, bottles and glasses
in the TRNP.cralaw
(k) "Management Plan" refers to the fundamental
strategy and/or scheme which shall guide all activities relating to the
TRNP in order to attain the objectives of this Act.cralaw
(l)
"Municipal Fishers/Fisherfolk" refers to persons who catch fish and
other fishery products using fishing vessels of three (3) gross tons or
less, or whose fishing does not require the use of fishing vessels.cralaw
(m) "Muro-ami" refers to the method used in reef fishing consisting of a
movable bagnet, detachable wings and scarelinee having plastic strips
and iron/steel/stone weights, effecting fish capture by spreading the
net in an arc around reefs or shoals and, with the use of the
scarelines, a cordon of people drive the fish towards the waiting net
while pounding the corals by means of heavy weights like
iron/steel/stone or rock making it destructive to corals.cralaw
(n)
"Nongovernment Organization (NGO)" refers to any civic, developmental,
environmental or philanthropic nonstock, nonprofit organization, duly
registered, having bylaws, democratically-elected representatives, with
qualifications, expertise and objectivity in activities concerning
community organizing and development, or resource and environmental
conservation, management and protection related to the protected area.cralaw
(o) "Non-Renewable Resources" refer to those resources that cannot be
remade, regrown or regenerated on a scale comparative to its
consumption.cralaw
(p) "Noxious or Poisonous Substances" refer to any
substance, plant extracts or juice thereof, sodium cyanide and/or
cyanide compounds or, other chemicals either in raw or processed form,
harmful or harmless to human beings, which will kill, stupefy, disable
or render unconscious any marine organism and capable of damaging and
altering the natural habitat.cralaw
(q) "PASu" refers to the Protected Area Superintendent of the TRNP.cralaw
(r) "PCSD" refers to the Palawan Council for Sustainable Development as
created under Republic Act No. 7611, otherwise known as the Strategic
Environmental Plan for Palawan Act.cralaw
(s) "People's Organization
(PO)" refers to a group of people which may be an association,
cooperative, federation, aggrupation of individuals or groups with an
identifiable structure of decision-making and accountability,
established to undertake collective action to address community concerns
and needs in relation to the protected area.cralaw
(t) "Poaching"
refers to fishing, gathering and/or purchase or possession of any
fishery products within the TRNP by any foreign person, foreign
corporation or foreign entity or operating any foreign fishing vessel by
any person, corporation or entity within the TRNP.cralaw
(u)
"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.cralaw
(v) "Protected Species" refer
to any plant or animal declared protected under Philippine laws, rules
and regulations. These shall include all species listed under the
Convention on International Trade in Endangered Species of Wild Flora
and Fauna and all its Annexes, the Convention on the Conservation of
Migratory Species, those specified under the red-list categories of the
International Union for the Conservation of Nature and Natural
Resources, or any plant or animal which the Tubbataha Protected Area
Management Board (TPAMB) or any government agency may deem necessary for
conservation and preservation in the TRNP.cralaw
(w) "Purse Seine"
refers to the gear characterized by encircling net having a line at the
bottom passing through rings attached to the net, which can be drawn or
pursed. In general, the net is set from a boat or boats around the
school of aquatic resources. The bottom of the net is pulled close with
the purse line. The net is then pulled aboard the boat or boats until
the resources are concentrated in the bunt or bag.cralaw
(x) "Resources" refer to all natural endowments, whether aquatic or terrestrial, living or non-living, found in the TRNP.cralaw
(y) "Stakeholders" refer to individuals, communities, agencies,
institutions, organizations, aggrupations of specific interests or
sectors which have particular interest in the achievement of the
objectives of this Act, and/or enjoyment or utilization in any form of
the resources within the TRNP.cralaw
(z) "Trawl" refers to the gear
consisting of a bag-shaped net which is dragged or towed along the
bottom or through the water column to take aquatic resources by
straining them from the water, including all variations and
modifications of trawls in bottom, mid-water, baby trawls and tow nets.cralaw
(aa) "TRNP" refers to the Tubbataha Reefs Natural Park.cralaw
(bb) "Vessel" includes every description of watercraft, including
non-displacement crafts and seaplanes, used or capable of being used as a
means of transportation on water. It shall include everything found
therein, except personal effects.cralaw
(cc) "Waste" refers to
discarded items of solid, liquid, contained gaseous or semi-solid form,
from whatever source, which may cause or contribute to the deterioration
of the resources or habitats in the TRNP.cralawLibrary
Sec. 4. Scope and Coverage.
The Tubbataha Reefs Natural Park (TRNP), which shall cover an
approximate area of ninety-seven thousand thirty (97,030) hectares,
including its islets, seabed and airspace, and which shall include the
Tubbataha Reefs and the Jessie Beazley Reef in the Municipality of
Cagayancillo in the Province of Palawan, is hereby declared as a
protected area. Its boundaries shall be as follows:chanroblesvirtuallawlibrary
|
Latitude |
Longitude |
|
|
|
From Pt. 1 |
9° 04' 52" N |
119° 46" 10" E |
to |
Pt. 2 |
9° 06' 05" N |
119° 48' 22" E |
to |
Pt. 3 |
8" 58' 09" N |
120° 03' 12" E |
to |
Pt. 4 |
8° 53' 29" N |
120° 03' 30" E |
to |
Pt. 5 |
8° 41' 33" N |
119° 50' 41" E |
to |
Pt. 6 |
8° 43' 09" N |
119° 45' 46" E |
to point 1, the point of beginning per the Philippine Reference System (PRS) 92 datum.cralaw
The Department of Environment and Natural Resources (DENR)-National
Mapping and Resource Information Authority (NAMRIA) shall validate the
technical descriptions provided in this Act through actual
survey/demarcation.cralaw
The metes and bounds of the TRNP shall be
indicated on maps and/or nautical charts. Any modification of the
coverage of this Act due to such factors as changing ecological
situation, new scientific or archeological findings, or discovery of
traditional boundaries not previously taken into account shall be made
through an act of Congress, after consultation with the concerned
government agencies.cralaw
Sec. 5. Establishment of a Buffer Zone. There shall also be established a ten (10)-nautical mile buffer zone from the TRNP, with the following coordinates:chanroblesvirtuallawlibrary
Corner |
Latitude |
Longitude |
|
|
|
1 |
9° 17' 49" N |
119° 47' 42" E |
2 |
9° 04' 48" N |
120° 12' 40" E |
3 |
8° 49' 42" N |
120° 13' 54" E |
4 |
8° 29' 42" N |
119° 53' 04" E |
5 |
8° 36' 13" N |
119° 35' 22" E |
6 |
9° 11' 08" N |
119° 36' 35" E |
to point 1, the point of beginning per the Philippine Reference System (PRS) 92 datum.cralaw
Sec. 6. Management of the TRNP.
The management and administration of the TRNP shall be vested with the
TPAMB, as herein provided, and shall be consultative and participatory.cralaw
Sec. 7. Management Plan.
Within one (1) year from the eflfectivity of this Act, there shall be
an initial management plan to be prepared by the Tubbataha Management
Office (TMO) in coordination with the local community and various
stakeholders, the Palawan Council for Sustainable Development (PCSD),
the Municipal Government of Cagayancillo, the Provincial Government of
Palawan, with the assistance from the Department of Environment and
Natural Resources (DENR) and the Bureau of Fisheries and Aquatic
Resources (BFAR). The management plan shall contain, among others:chanroblesvirtuallawlibrary
- a period of applicability for ten (10) years subject to periodic review every three (3) years;
- goals and objectives of management in support of Section 2 hereof;
- key
management issues such as, but not limited to, issuance, screening and
approval of all development and resource-use activities within the TRNP
and adequate protection and restoration of endangered species and
fragile ecosystems;
- site
management strategy including, but not limited to, establishment of
clear and simplified guidelines on the activities that can be allowed
within the zones, including the buffer zones;
- major
management activities such as, but not limited to, enforcement of laws,
habitats and wildlife management, sustainable-use management,
infrastructure development and maintenance, fire prevention, pest and
disease control, and disaster management;
- mechanism for the protection, regulation and prohibition of those within the TRNP, in accordance with their rights; and
- mechanisms
to ensure consultative and participatory decision-making processes. The
management plan shall be consistent with the nature of the TRNP as a
protected area. It shall be reviewed and approved by the TPAMB, and
submitted to the PCSD and the DENR.
Sec. 8. Zoning.
A zoning plan shall be adopted within the TRNP, giving primary
consideration to the protection and conservation of all life forms in
accordance with applicable laws, rules and regulations. Zoning shall
also take into consideration the effective protection of habitats,
fragile ecosystems and unique areas. The establishment and management of
zones shall involve the concerned stakeholders by undertaking such
steps as dialogue and community and resource-use mapping. The metes and
bounds of each zone shall be indicated on maps and nautical charts.cralaw
Sec. 9. Successor Plan.
Before the expiration of the initial management plan, there shall be a
successor plan to be prepared by the Office of the PASu in the same
manner as the procedure and principles herein set forth. Two (2) years
before the expiration of the initial management plan, the PASu shall
cause the publication of notices for comments and suggestions on the
successor plan using all available media or at least in a newspaper of
local circulation and the posting of such notices in the provincial,
municipal and barangay halls and in three (3) other conspicuous areas
frequented by the public. The successor plan shall be made available to
the public for perusal at the office and sub-offices of the PASu and the
PCSD.cralaw
Sec. 10. Creation and Composition of the TPAMB. There shall be a TPAMB, which shall be the sole policy-making and permit-granting body of the TRNP. It shall be composed of:chanroblesvirtuallawlibrary
- the Regional Executive Director (RED) of Region IV-B of the DENR, to serve as co-chairperson or his/her representative;
- the chairperson of the PCSD or his/her representative, to serve as co-chairperson;
- the members of the House of Representatives who represent the congressional districts of Palawan or their representatives;
- the governor of the Province of Palawan or his/her representative;
- the mayor of the Municipality of Cagayancillo or his/her representative;
- the chairperson of the Environment and Natural Resources Committee of the Sangguniang Bayan of Cagayancillo;
- the chairperson of the Environment and Natural Resources Committee of the Sangguniang Panlalawigan of Palawan;
- the chairperson of the Appropriations Committee of the Sangguniang Panlalawigan of Palawan;
- the commander of the Western Command (WESCOM) or his/her representative;
- the commander of the Naval Forces West (NAVFORWEST) or his/her representative;
- the district commander of the Coast Guard District, Palawan;
- a representative of the Department of Tourism;
- the
provincial fishery officer of the Department of Agriculture-Bureau of
Fisheries and Aquatic Resources (DA-BFAR) in Palawan or his/her
representative;
- two (2) representatives from the academe;
- three (3) representatives from NGOs involved in the conservation and management of the TRNP; and
- two
(2) representatives from POs based in the Municipality of Cagayancillo,
Province of Palawan and engaged in the conservation and management of
the TRNP.
Each member of the TPAMB shall serve for a term of five (5) years:
Provided, That he/she remains connected with the sector or office being
represented. Whenever a vacancy occurs during the term of a member who
does not represent the government, a new member shall be chosen in the
same manner as the original selection process, to serve the remaining
term of his/her predecessor. In the case of members who are elective
officials, their appointment shall be coterminus with their term of
office. In the case of appointive government officials who are
reassigned to stations or offices outside the Province of Palawan, the
successor, without need of appointment, shall assume the seat of the
reassigned official in the TPAMB.cralaw
The TPAMB en bane shall hold
regular meetings at least once every quarter. It may, however, meet on a
more regular basis to discuss day-to-day affairs and other matters.cralaw
Sec. 11. Executive and Other Committees of the TPAMB.
There shall be an Executive Committee (ExeCom) to which the TPAMB may
delegate some of its powers and functions. Its members shall be chosen
by the TPAMB from among themselves.cralaw
The TPAMB may create other committees as it may deem necessary.cralaw
Sec. 12. Incentives of TPAMB Members.
In addition to actual and necessary traveling and subsistence expenses
incurred in the performance of their duties, the TPAMB members may be
granted honoraria and insurance coverage in attending the TPAMB
or other TPAMB committee meetings. These expenses may be included in
the budget for the TRNP.cralaw
Sec. 13. Powers and Functions of the TPAMB. The TPAMB shall have the following powers and functions:chanroblesvirtuallawlibrary
- Decide
matters relating to planning, resource use and protection, and general
administration of the area in accordance with the management plan;
- Approve
budget allocations, proposals, work plans, action plans, guidelines for
management of the TRNP in accordance with the management plan and its
policies;
- Establish
productive partnership, with national and local agencies, local
government units, local communities, the academe, nongovernmental
organizations, and such other institutions to ensure the conservation
and management of the TRNP; coordinate and implement;
- Initiate the implementation of the delineation of the boundaries of the TRNP;
- Promulgate rules and regulations and impose penalties for violations thereof;
- Ensure the implementation and enforcement of laws, rules and regulations, policies, programs and projects within the TRNP;
- Control and regulate construction, operation and maintenance of structure and utilities within the TRNP;
- Monitor and evaluate the performance of the TMO and all those implementing activities and projects in the TRNP;
- Appoint
the TRNP PASu, and, upon recommendation of the PASu, appoint management
personnel based on internal selection criteria and decide on their
compensation and benefits;
- Generate
funds and accept donations, grants; appropriate and disburse the same,
and exercise accountability over all funds that may accrue to the TRNP;
- Manage the TRNP Trust Fund, as herein provided;
- Exercise
quasi-judicial functions for adjudicating cases of violations of this
Act and impose penalties for violations of guidelines, rules and
regulations within the TRNP;
- Deputize
individuals for the enforcement of laws, rules and regulations
governing conduct within the TRNP, and prescribe the necessary
qualifications therefore;
- Retain
legal counsel to defend cases against the TPAMB and the Office of the
PASu whenever they are sued in connection with the performance of their
duties under this Act, guidelines, and rules and regulations pertaining
to the TRNP;
- Provide adequate measures to ensure consultation and participation of stakeholders;
- Possess
authority to issue permits and conditions thereto, and determine and
collect fees, for the utilization and enjoyment of the TRNP and the
resources therein: Provided, That the TPAMB may delegate to the
PASu the authority to issue permits and collect fees for temporary
access to the TRNP such as, visiting or diving, subject to the limits as
may be determined by the TPAMB: Provided, however, That entry into the TRNP for emergency reasons shall not be subject to permit and users' fees;
- Determine,
based on existing scientific evidence, laws, rules and regulations,
international instruments, traditional resource utilization, management
modalities in the area, carrying capacity, and observing precautionary
principle, the modes of utilization of the TRNP and all the resources
found therein. Permits shall only be issued for such modes of
utilization and enjoyment as the TPAMB and this Act shall allow; and
- Perform
such other functions necessary for the fulfillment of the provisions of
this Act and other applicable laws, rules and regulations, and as may
be required.
Sec. 14. Tubbataha Management Office (TMO).
There shall be a TMO to be headed by the TRNP PASu who shall serve as
the chief operating officer of the entire TRNP. The TPAMB will determine
the staffing pattern, qualification standards and hiring procedures for
the TMO. The PASu and his/her staff shall hold office in a place to be
designated by the TPAMB: Provided, That the TPAMB may authorize
the establishment of sub-offices for purposes of convenience, safety,
accessibility, economy and such other justifiable reasons: Provided, further, That at least a sub-office shall be established within the TRNP.cralaw
The PASu shall have full responsibility for the protection of resources
within the TRNP. As such, he/she shall have the following duties and
responsibilities in addition to those provided under existing laws and
regulations:chanroblesvirtuallawlibrary
- Prepare the management plan and its successor plans as herein provided;
- Serve
as Secretary to the TPAMB with the duty to provide the TPAMB with all
the information necessary to make appropriate decisions for the
implementation of this Act;
- Hire non-management personnel of the TRNP, and recommend management personnel to the TPAMB;
- Supervise the TRNP personnel in the performance of their duties and functions;
- Coordinate
and implement with national and local agencies, local government units,
local communities, the academe, nongovernmental organizations, and such
other institutions to ensure the conservation and management of the
TRNP;
- Develop and implement park information, interpretation, education and other visitor programs;
- Enforce
the laws, rules and regulations and the TPAMB resolutions relevant to
the TRNP, file complaints and assist in the prosecution of offenses;
- Monitor all activities within the TRNP in conformity with the management plan;
- Ensure that consultative and participatory mechanisms are maximized in decision-making; and
- Perform such other functions as the TPAMB may assign.
Sec. 15. Role of Local Government Units.
Local government units of Palawan and Cagayancillo shall participate in
the management of the TRNP through their representation in the TPAMB.
The provisions of this Act shall be incorporated into the municipal and
provincial development plans of Cagayancillo and Palawan, respectively,
and the Regional Development Plan as part of the environmental concerns
of the province and the region. The national and local government units
shall likewise ensure that local ordinances pertaining to the
environment are consistent with this Act and the management plan, as
herein provided.cralaw
Sec. 16. Role of the DENR and the PCSD.
The DENR and the PCSD shall coordinate closely to ensure the sound
management and conservation of the TRNP, provide technical and financial
assistance to the TRNP as may be needed.cralaw
Sec. 17. The TRNP Trust Fund.
There is hereby established a trust fund to be known as the TRNP Trust
Fund for purposes of financing projects of the TRNP. All income
generated from the operation of the TRNP or management of wild flora and
fauna therein shall accrue to said fund. This income shall be derived
from visitor/tourist fees, fees from permitted sale and export of flora
and fauna and other resources from the TRNP, proceeds from registration
and lease of multiple-use areas, including tourism concessions,
contributions from industries and facilities directly benefiting from
the TRNP; and such other fees and income derived from the operation of
the TRNP.cralaw
The TRNP Trust Fund may be augmented by grants,
donations, endowment from various sources, domestic or foreign, for
purposes related to their functions: Provided, That the entire
amount shall be set aside and retained by the TPAMB of the TRNP, which
shall appropriate the same exclusively for the management and operation
of the TRNP. The TPAMB shall have the sole power to decide on the use of
its funds from whatever source.cralaw
Donations, grants and
endowments to the TRNP shall be exempt from the donor's tax and the same
shall be considered as allowable deductions from the gross income in
the computation of the income tax of the donor.cralaw
Sec. 18. Energy and Non-Renewable Resources.
Any exploration, exploitation or utilization of non-renewable resources
such as, but not limited to, minerals, gas and oil within the TRNP
shall not be allowed. Energy projects shall be allowed only through an
act of Congress.cralaw
Sec. 19. Unauthorized Entry, Enjoyment or Use.
No person or entity shall enter, enjoy or utilize any portion of the
TRNP and the resources therein for whatever purpose without prior
permission from the TPAMB as herein provided.cralaw
The TRNP shall be
off-limits to navigation, except for activities that are sanctioned by
the TPAMB such as, but not limited to, tourism and research. Except in
emergency situations, it shall be unlawful to enter the TRNP without
prior permission from the TPAMB or the PASu as herein provided. It shall
also be unlawful to enter, enjoy or use for any purpose any prohibited
management zone. This rule shall similarly apply to the use of vessels,
gears and equipment in management zones where such are not allowed.cralaw
Violation of this section shall be subject to imprisonment of not less
than six (6) months but not more than one (1) year imprisonment and a
fine of One hundred thousand pesos (P100,000.00) but not more than Three
hundred thousand pesos (P300,000.00), as may be determined by the
TPAMB. If the violator is a commercial fisher/fisherfolk, the penalty
shall be imprisonment of not less than one (1) year but not more than
three (3) years and a fine of Five hundred thousand pesos (P500,000.00).cralaw
Sec. 20. Damages to the Reef.
Damages to the reef shall subject the responsible person or entity to
the payment of administrative fines set by the TPAMB based on current
valuation standards and to the payment of the cost of restoration.cralaw
Sec. 21. Non-payment of Conservation Fees.
It shall be unlawful for any person or entity to enjoy or utilize the
TRNP and the resources therein without payment of conservation fees as
may be imposed by the TPAMB.cralaw
Violators of this section shall,
in addition to the payment of the conservation fee, pay the
administrative fine of double the amount of the conservation fee set by
the TPAMB for the activity undertaken.cralaw
Sec. 22. Anchoring.
It shall be unlawful for any person or entity to hold fast or secure a
vessel in place either by using an anchor or by tying on to any part of
the reef. All vessels shall utilize the mooring buoys provided by the
TRNP.cralaw
Violation of this section shall be penalized with an
administrative fine of not less than Fifty thousand pesos (P50,000.00)
and not more than One hundred thousand pesos (P100,000.00).cralaw
Sec. 23. Dumping of Waste and Littering.
It shall be unlawful for any person or entity to dump waste inside the
TRNP. It shall likewise be unlawful to clean and change oil of vessels
within the TRNP.cralaw
Violation of this provision shall be
punishable by imprisonment of one (1) year to three (3) years, and fine
of not less than Fifty thousand pesos (P50,000.00). The TPAMB shall
impose an administrative fine of not less than One hundred thousand
pesos (P100,000.00) and not more than Three hundred thousand pesos
(P300,000.00), and order the violator to clean up the waste or pay for
the clean-up thereof.cralaw
It shall likewise be unlawful to litter within the TRNP.cralaw
Violation of this provision shall be penalized by the TPAMB with
administrative fine of from Fifty thousand pesos (P50.000.00) to One
hundred thousand pesos (P100,000.00).cralaw
Sec. 24. Bioprospecting Without Permit.
It shall be unlawful to conduct bioprospecting within the TRNP without
prior permit from the TPAMB and other concerned agencies.cralaw
Violation of this section shall be punished with imprisonment of one (1)
year to six (6) years; fine of Five hundred thousand pesos
(P500,000.00) to One million pesos (P1,000,000.00). The TPAMB shall also
impose administrative fine ranging from Five hundred thousand pesos
(P500,000.00) to One million pesos (P1,000,000.00); and confiscation and
forfeiture of the resources subject of the offense, equipment, gears
and vessels.cralaw
Sec. 25. Introduction of Exotic Species. It shall be unlawful to introduce exotic species of plants or animals into the TRNP.cralaw
Violation of this section shall be punished with imprisonment of six
(6) months to six (6) years; fine of One hundred thousand pesos
(P100,000.00) to One million pesos (P1,000,000.00); and forfeiture of
the resources subject of the offense, equipment, gears and vessels. The
TPAMB shall also impose administrative fine ranging from Two hundred
thousand pesos (P200,000.00) to One million pesos (P1,000,000.00); and
confiscation and forfeiture of the resources subject of the offense,
equipment, gears and vessels.cralaw
Sec. 26. Hunting, Catching, Fishing, Killing, Taking, Gathering, Removing, Destroying, Disturbing or Possessing Resources.
It shall be unlawful for any person to actually or attempt to hunt,
catch, fish, kill, take, gather, remove, destroy, disturb or possess any
resource, whether living or nonliving, or products derived therefrom.
The unauthorized entry of a vessel in the TRNP shall be prima facie evidence of violation of this section.cralaw
Violations of this section shall be punished as follows:chanroblesvirtuallawlibrary
-
Where
the offender uses explosives, noxious or poisonous substances, the
penalty shall be imprisonment ranging from six (6) years and one (1) day
to twelve (12) years without prejudice to the filing of separate
criminal cases when the use of the same result to physical injury or
loss of human life; fine ranging from Three hundred thousand pesos
(P300,000.00) to Five hundred thousand pesos (P500,000.00). The TPAMB
shall also impose administrative fine ranging from Three hundred
thousand pesos (P300,000.00) to Five hundred thousand pesos
(P500,000.00); and confiscation and forfeiture of the resources subject
of the offense, equipment, gears and vessels.cralaw
The discovery of
dynamite, other explosives and chemical compounds which contain
combustible elements, or noxious or poisonous substances, in any vessel
or in the possession of any person within the TRNP shall constitute prima facie
evidence that the same was used in violation of this Act. The discovery
of resources caught, taken, killed, removed, gathered or destroyed with
the use of explosives, noxious or poisonous substances in any vessel or
in the possession of any person within the TRNP shall constitute prima facie evidence of violation of this Act.
-
Where
the offender merely possesses explosive, noxious or poisonous
substances within the TRNP, the punishment shall be imprisonment ranging
from four (4) years and two (2) months and one (1) day to six (6)
years; fine ranging from One hundred thousand pesos (P 100,000.00) to
Three hundred thousand pesos (P300,000.00). The TPAMB shall also impose
administrative fine ranging from One hundred thousand pesos
(P100,000.00) to Three hundred thousand pesos (P300,000.00); and
confiscation and forfeiture of the resources subject of the offense,
equipment, gears and vessels.
-
Where
the offender takes, removes, fishes, gathers, kills, destroys or
possesses corals, except for scientific or research purposes authorized
by the TPAMB, the penalty shall be imprisonment ranging from six (6)
years and one (1) day to twelve (12) years; fine ranging from One
hundred thousand pesos (P100,000.00) to Two hundred fifty thousand pesos
(P250,000.00). The TPAMB shall also impose administrative fine ranging
from One hundred thousand pesos (P100,000.00) to Two hundred fifty
thousand pesos (P250,000.00); and confiscation and forfeiture of the
corals subject of the offense, equipment, gears and vessels.
-
Where
the offender uses any fishing gear or method that destroys coral reefs,
seagrass beds or other marine life habitats as may be determined by
this Act, the TPAMB, other laws, the Department of Agriculture, or the
DENR, the operator, boat captain, master fisherman, and recruiter or
organizer of fishworkers involved shall suffer a penalty of six (6)
years and one (1) day to twelve (12) years imprisonment; fine of not
less than One hundred thousand pesos (P100.000.00) to Five hundred
thousand pesos (P500,000.00); forfeiture of catch, fishing equipment,
gears and vessels. The TPAMB shall also impose administrative fine
ranging from Four hundred thousand pesos (P400,000.00) to One million
pesos (P1,000,000.00); and confiscation and forfeiture of catch, fishing
equipment, gears and vessels.cralaw
Muro-ami, pa-aling, all kinds of
trawls (galadgad, Norway), purse seine (pangulong), Danish seine
(hulbot-hulbot, pahulbot-hulbot, likisan, liba-liba, palisot, patangko,
bira-bira, buli-buti, hulahoop, zipper, lampornas, etc.), ring net
(kubkob, pangulong, kalansisi), drive-in net (kayakas), round haul seine
(sapyaw, lawag), motorized push net (sudsod), bagnet (basnig, saklit),
or any of their variations, are hereby declared destructive fishing
methods or gears under this provision.
-
Where
the offender gathers or removes pebbles, stones, rocks, sand or other
materials or otherwise engages in the quarrying or dredging of any
portion of the TRNP, the penalty shall be six (6) years and one (1) day
to twelve (12) years imprisonment; fine of not less than One hundred
thousand pesos (P100.000.00) to Two hundred fifty thousand pesos
(P250,000.00). The TPAMB shall also impose administrative fines ranging
from One hundred thousand pesos (P100,000.00) to Seven hundred fifty
thousand pesos (P750,000.00); and confiscation and forfeiture of the
substance taken, and equipment and vessels used in the commission of the
violation.
-
Where
the subject of the offense are protected species as denned in this Act,
the penalty shall be imprisonment of twelve (12) years to twenty (20)
years; fine of Five hundred thousand pesos (P500,000.00) to One million
pesos (P1,000,000.00) for every threatened or endangered organism
subject of the offense; forfeiture of the catch, equipment, gears and
vessels; and cancellation of fishing permit. The TPAMB shall also impose
administrative fine ranging from Five hundred thousand pesos
(P500,000.00) to One million pesos (P1,000,000.00) for every threatened
or endangered organism subject of the offense; and confiscation and
forfeiture of catch, equipment, gears and vessels.
- Where
the violations of this section are not covered by the preceding
paragraphs, the penalty shall be imprisonment of three (3) years to six
(6) years; fine of not less than One hundred thousand pesos
(P100,000.00) but not more than Three hundred thousand pesos
(P300,000.00); and forfeiture of the catch, equipment, gears and
vessels; and cancellation of permit that makes it possible for the
offender to commit the offense. The TPAMB shall also impose
administrative fine ranging from Three hundred thousand pesos
(P300,000.00) to One million pesos (P1,000,000.00); and confiscation and
forfeiture of catch, equipment, gears and vessels.
Sec. 27. Poaching by Foreigners.
It shall be unlawful for any foreign person, foreign corporation or
foreign entity to fish, gather and/or purchase or possess any fishery
products within the TRNP. It shall likewise be unlawful for any person,
corporation or entity to operate any foreign fishing vessel within the
TRNP. The entry of any foreign fishing vessel in the TRNP shall
constitute prima facie evidence that the vessel is engaged in
fishing in the area. The presence of any foreign national in a fishing
vessel of either Philippine or foreign registry in the TRNP shall be
conclusive evidence that the vessel is foreign.cralaw
Violation of
the above shall be punished by imprisonment of six (6) years and one (1)
day to twelve (12) years and a fine of One hundred thousand U.S.
dollars {US$100,000.00), in addition to the forfeiture of its catch,
fishing equipment and fishing vessel: Provided, That in case of non-payment of fine, subsidiary imprisonment shall be imposed: Provided, farther,
That the TPAMB is empowered to impose an administrative fine of not
less than Fifty thousand U.S. dollars (US$50,000.00), but not more than
Two hundred thousand U.S. dollar (US$200,000.00) or its equivalent in
Philippine currency, in addition to the confiscation and forfeiture of
the fish catch, fishing equipment and fishing vessel: Provided, finally,
That a bond may be posted for the vessels which shall not be less than
One hundred thousand U.S. dollars (US$100,000.00). A Hold Departure
Order shall be issued as a condition for the grant of bail to any
foreign offender. All passports and documents which may be used by the
accused to flee the country must be surrendered to the court.cralaw
Sec. 28. Violation of Environmental Impact Assessment System.
The TPAMB shall prosecute violations of laws and rules on Environmental
Impact Assessment System. Such violations shall be punished by
imprisonment of three (3) years to five (5) years; fine of One hundred
thousand pesos (P100,000.00) for every day each violation subsists;
rehabilitation of the affected area or the amount equivalent thereto;
and forfeiture of the vessels, structures, effects, materials and
equipment used, and the products of such violation. If the offender is a
corporation, the directors and officers shall suffer the imprisonment.
The TPAMB shall also impose administrative fine of One hundred thousand
pesos (P100,000.00) for every day each violation subsists;
rehabilitation of the affected area or the amount equivalent thereto;
and confiscation and forfeiture of the vessels, structures, effects,
materials and equipment used and the products of such violation.cralaw
Sec. 29. Violation of Standards.
The owner, operator and top three (3) officers of any vessel violating
the standards set by the TPAMB such as, but not limited to, safety and
sanitation standards shall suffer administrative penalty of a fine
ranging from Twenty thousand pesos (P20,000.00) to Fifty thousand pesos
(P50,000.00) for every day each violation subsists, and from suspension
of three (3) months to cancellation of permit to operate in the TRNP.cralaw
Sec. 30. Obstruction to Law Enforcement Officer.
The boat owner, master, operator, officer or any person acting on
his/her behalf, of any vessel who evades, obstructs or hinders any law
enforcement officer in the TRNP to perform his/her duty, shall be
administratively fined Fifty thousand pesos (P50,000.00). In addition,
the registration, permit and/or license of the vessel including the
license of the officers thereof shall be cancelled.cralaw
Sec. 31. Common Penal Provision.
- In
case the vessel used in violation is owned by a corporation or entity,
the fine shall be twice the maximum amount imposed for the offense.
- In
case the vessel used in violation of this Act is foreign owned, the
fine shall be thrice the maximum amount imposed for the offense
committed without prejudice to the provision of Section 27 hereof.
- The captain of the vessel shall suffer the maximum duration of the imprisonment for the offense committed.
Sec. 32. Subsidiary Imprisonment. Non-payment of fines imposed under this Act shall be subject to subsidiary imprisonment as provided for by existing laws.cralaw
Sec. 33. Fines and Forfeitures.
All administrative fines and forfeitures that may be imposed by the
TPAMB under this Act, and the rules and regulations that may be
promulgated in pursuit of the goals and objectives of this Act shall
form part of the funds and assets of the TRNP.cralaw
In case of
administrative confiscation or forfeiture of vessels, structures,
effects, materials and equipment and the same is not necessary for the
proper prosecution of the offense charged, the TPAMB may sell the
forfeited vessels, structures, effects, materials and equipment in a
public auction. Proceeds of the said sale shall accrue to the TRNP
created under this Act. In case the confiscated vessels, structures,
effects, materials and equipment are in custodia legis, the
TPAMB or its counsel, after proper proceedings may move for the sale of
the confiscated or forfeited vessels, structures, effects, materials and
equipment pendente lite: Provided, That the said
vessels, structures, effects, materials and equipment is no longer
necessary for the proper prosecution of the offense or if the same is
necessary but substitute evidence is accepted by the court. The proceeds
of the said sale shall likewise accrue to the TRNP Trust Fund created
under this Act.cralaw
Sec. 34. Violation of Other Laws.
Prosecution for violation of this Act shall be without prejudice to the
prosecution of the offender for violation of other laws, rules and
regulations.cralaw
Sec. 35. Enforcement of this Act, Other Laws, Rules and Regulations Within the TRNP.
The Armed Forces of the Philippines through the Philippine Navy, the
Philippine National Police, the Philippine Coast Guard, the law
enforcement officers of the DENR and the DA-BFAR, PCSD officials and
staff, local government unit (LGU) officials, law enforcement officers
of LGUs, members and officers of the TPAMB, the PASu and his/her staff,
and other deputized environment and natural resource officers, are
hereby authorized and shall cooperate in the enforcement of this Act,
other laws, rules and regulations within the TRNP.cralaw
Any one of
the above persona and entities is authorized to file administrative
cases before the proper agencies and bodies, or initiate criminal
proceedings in accordance with the Rules of Court, for offenses
committed within the TRNP.cralaw
Sec. 36. Special Prosecutors and Counsels.
The Department of Justice, upon recommendation of the TPAMB, shall
designate special prosecutors from among the state and public
prosecutors to do preliminary investigation and prosecute violations of
this Act, other laws, rules and regulations within the TRNP. Such
special prosecutors shall coordinate with the TPAMB and the TMO in the
performance of his/her duties and assist in the training of wardens and
rangers in arrest and criminal procedure. The TPAMB shall periodically
submit an evaluation of the performance of the designated special
prosecutors to the Department of Justice (DOJ).cralaw
The TPAMB may
retain the services of a competent lawyer to prosecute and/or assist in
the prosecution of cases under the direct control and supervision of the
regular or special prosecutor and to defend the members of the TPAMB,
the PASu and the TMO staff, or person assisting in the protection,
conservation and sustainable development of the TRNP, against any legal
action Telated to their powers, functions and responsibilities as
provided in this Act or as delegated or tasked by the TPAMB.cralaw
Sec. 37. Citizen's Suits.
For the purposes of enforcing the provisions of this Act or its
implementing rules and regulations, any citizen may file an appropriate
civil, criminal or administrative action in the proper courts/bodies
against:chanroblesvirtuallawlibrary
- Any person who violates or fails to comply with the provisions of this Act its implementing rules and regulations; or
- Those
mandated to implement and enforce the provisions of this Act with
respect to orders, rules and regulations issued inconsistent with this
Act; and/or 24
- Any
public officer who willfully or grossly neglects the performance of an
act specifically enjoined as a duty by this Act or its implementing
rules and regulations; or abuses his authority in the performance of his
duty; or, in any manner improperly performs his duties under this Act
or its implementing rules and regulations: Provided, however,
That, no suit can be filed until after a thirty(30)-day notice has been
given to the public officer and the alleged violator concerned and no
appropriate action has been taken thereon. The court shall exempt such
action from the payment of filing fees, upon prima facie
showing of the non-enforcement or violations complained of and exempt
the plaintiff from the filing of an injunction bond for the issuance of
preliminary injunction.
In the event that the citizen should prevail, the court shall award
reasonable attorney's fees, moral damages and litigation costs as
appropriate.cralaw
Sec. 38. Suits and Strategic Legal Action Against Public Participation (SLAPP) and the Enforcement of this Act.
Where a suit is brought against a person who filed an action as
provided in Section 37 of this Act, or against any person, institution
or government agency that implements this Act, it shall be the duty of
the investigating prosecutor or the court, as the case may be, to
immediately make a determination not exceeding thirty (30) days whether
said legal action has been filed to harass, vex, exert undue pressure or
stifle such legal recourses of the person complaining of or enforcing
the provisions of this Act. Upon determination thereof, evidence
warranting the same, the investigating prosecutor or the court, as the
case may be, shall dismiss the complaint. In addition, the court shall
award the attorney's fees and double the amount of damages.cralaw
This provision shall also apply and benefit public officers who are sued
for acts committed in their official capacity, there being no grave
abuse of authority, and done in the course of enforcing this Act.cralaw
Sec. 39. Convening the TPAMB.
Within one (1) month upon the effectivity of this Act, the interim
TPAMB shall convene to ensure that its composition and structure conform
to the provisions of this Act.cralaw
Sec. 40. Continuation of the TMO.
The present TMO shall continue to exist and function as such, subject
to reorganization, if necessary, in accordance with Section 14 hereof.cralaw
Sec. 41. Continuation of all Other Arrangements.
Except when otherwise provided by this Act, all arrangements,
commitments and agreements pertaining to the management, utilization,
conservation and protection of the TRNP made and entered into by
government agencies, the present TPAMB and the TMO, and the active
involvement of the Philippine Navy and the Philippine Coast Guard in law
enforcement in the TRNP, shall continue to subsist until validly
amended, revised, repealed or renewed.cralaw
Sec. 42. Implementing Rules and Regulations.
Within six (6) months upon the effectivity of this Act, the TPAMB shall
prepare the implementing rules and regulations of this Act.cralaw
Sec. 43. Appropriations.
The DENR and the PCSD shall immediately include in the Department's and
Council's program the implementation of this Act, the funding of which
shall be included in the annual General Appropriations Act.cralaw
Sec. 44. Construction and Suppletory Application of Existing Laws.
The provisions of this Act shall be construed liberally in favor of
achieving biodiversity conservation, protection and sustainable
development. Provisions of Republic Act No. 7611, otherwise known as the
"Strategic Environmental Plan (SEP) for Palawan Act"; Republic Act No.
7586, otherwise known as the "National Integrated Protected Areas System
(NIPAS) Act of 1992"; Republic Act No. 8550, otherwise known as The
Philippine Fisheries Code of 1998"; Republic Act No. 9147, otherwise
known as the "Wildlife Resources Conservation and Protection Act"; and
existing forestry laws, and their corresponding rules and regulations
not inconsistent hereto shall have suppletory effect in the
implementation of this Act.cralaw
Sec. 45. Separability Clause.
If any part or section of this Act is declared unconstitutional or
otherwise invalid, such declaration shall not affect the other parts or
sections hereof.cralaw
Sec. 46. Repealing Clause.
All laws, presidential decrees, executive orders, rules and regulations
inconsistent with this Act shall be deemed repealed or modified
accordingly.cralaw
Sec. 47. Effectivity. This Act shall take effect immediately after its complete publication in two (2) newspapers of general circulation.cralaw
Approved:chanroblesvirtuallawlibrary
(Sgd.) JUAN PONCE ENRILE |
(Sgd.) PROSPERO C. NOGRALES |
President of Senate |
Speaker of the House of Representatives |
This Act which is a consolidation of Senate Bill No. 2394 and House
Bill No. 5991 was finally passed by the Senate and the House of
Representatives on December 16, 2009 and January 18, 2010, respectively.
(Sgd.) EMMA LIRIO-REYES |
(Sgd.) MARILYN B. BARUA-YAP |
Secretary of Senate |
Secretary General House of Representatives |
Approved: APR 06 2010
(Sgd.) GLORIA MACAPAGAL - ARROYO
President of the Philippines
|