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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 eect 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 classication 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 eective 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."
SECTION 3.
Categories. The following categories of protected
areas are hereby established:
(a)
(b)
Natural park;
(c)
Natural monument;
(d)
Wildlife sanctuary;
(e)
(f)
Resource reserve;
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(g)
(h)
SECTION 4.
Denition of Terms. For purposes of this Act, the
following terms shall be dened as follows:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
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(i)
(j)
(k)
(l)
(m)
SECTION 5.
Establishment and Extent of the System. The
establishment and operationalization of the System shall involve the
following:
(a)
(b)
Within one (1) year from the eectivity 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
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(d)
Within three (3) years from the eectivity 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 Section 3 hereof and
report its ndings to the President as soon as each study is
completed. The study must include in each area:
(1)
(2)
An ethnographic study;
(3)
(4)
(5)
(ii)
(iii)
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(e)
(f)
SECTION 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 signicance and biological
diversity in accordance with the provisions of Section 5(d).
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 modied 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
modication of its boundary shall take eect pursuant to an act of Congress.
Thereafter, said area shall revert to the category of public forest unless
otherwise
classied
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.
Buer Zones. For each protected area, there shall be
established peripheral buer zones which necessary, in the same manner as
Congress establishes the protected area, to protect the same from activities
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that will directly and indirectly harm it. Such buer 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 buer 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, buer
zone management for multiple use and protection, habitat conservation and
rehabilitation, diversity management, community organizing, socioeconomic
and scientic researches, site-specic policy development, pest management,
and re 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, eld 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 oces 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 ocers, 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)
(b)
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(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
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(p)
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 Ocer; 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 ve (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)
(b)
(c)
The RED/s in the region/s where such protected area lies shall
sit as ex ocio 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 lled 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
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Taxes from the permitted sale and export of ora and fauna
and other resources from protected areas;
(b)
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(c)
(d)
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 Ocers. All ocials, 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 eld ocers 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 ocers 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:
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)
(b)
(c
(d)
(e)
(f)
(g)
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permit;
(h)
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(i)
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 oenses in the
preceding section shall be ned 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 oender 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 oender 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 rearms used in connection
therewith, and any construction or improvement made thereon by the
oender. If the oender is an association or corporation, the president or
manager shall be directly responsible for the act of his employees and
laborers: Provided, nally, That the DENR may impose administrative nes
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 aect 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 modied accordingly.
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SECTION 24.
Eectivity Clause. This Act shall take eect fteen
(15) days after its complete publication in two (2) newspapers of general
circulation.
Approved: June 1, 1992
Published in Malaya and the Philippine Times Journal on June 6, 1992. Published
in the Ocial Gazette, Vol. 88 No. 29 page 4641 on July 20, 1992.
ANNEX A
NAME OF PARKS
TOTAL
LOCATION
LEGISLATION
DATE
Cordillera
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Administrative Region
1.
Cassamata Hill NP
2.
Mt. Data NP
3.
4.
Balbalasang-Balbalan
NP
Bangued, Abra
Along the Baguio
Bontoc
National Road,
Benguet, Ifugao and
Mt.
Province
Buguias, Kabayan,
Benguet,
Kiangan Ifugao
and Kayapa, Nueva
Vizcaya
Balbalan, Kalinga
Apayao
Proc. 1305
8/26/74
Proc. 65
6/3/36
Proc. 75
2/20/87
Proc. 1357
R.A. 6463
12/9/74
6/17/72
Region 1
1.
Paoay Lake NP
2.
Bessang Pass
3.
4.
National Shrine
Northern Luzon Heroes
Hill NP
Agoo Damortis NP
La Union
5.
Manleluag Spring
6.
Tirad Pass NP
7.
Hundred Island NP
6/21/69
7/9/63
Mangatarem,
Pangasinan
Cervantes, Ilocos
Sur
Alaminos,
Pangasinan
8/10/54
6/19/65
Proc. 612
9/3/40
Proc. 294
7/20/38
Proc. 433
7/23/68
Proc. 667
7/18/40
Proc. 1816
Proc. 2183
P.D. 189
1/30/79
4/27/83
5/11/73
Region 2
1.
Callao Cave /
2.
Fuyot Spring
7/16/35
6/29/94
10/8/38
Region 3
1.
Minalungao NP
2.
Biak-na-Bato NP
6/11/67
11/16/37
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Bulacan
3.
4.
Mt. Arayat NP
5.
6.
7.
Bataan NP
Roosevelt NP
Olongapo Naval
Capas, Tarlac
Arayat and
Magalang,
Pampanga
Hermosa, Orani,
Samal,
Abucay, Pila,
Balanga, Bagac and
Morong, Bataan
Hermosa &
Dinalupihan,
Bataan
Olongapo City,
Zambales
Proc. 84
Proc. 401
R.A. 826
3/9/87
4/11/89
8/14/52
Proc. 594
6/27/33
Proc. 203
9/16/37
Proc. 24
12/1/45
Proc. 25
Proc. 1956
Proc. 192
4/18/66
3/25/80
11/27/87
Proc. 567
3/30/33
Proc. 567
12/17/65
Proc. 478
10/22/68
Base Perimeter
Region 4-A
1.
2.
(also in R-3)
Taal Volcano Island
3.
Mts.
4.
5.
Palay-Palay-Mataasna-Gulod NP
Hinulugang Taktak NP
Mts. Banahaw-San
Cristobal NP
6.
7.
Bongabon, Nueva
Proc. 220
Ecija and
Baler, Quezon
Proc. 744
Province of BatangasProc. 235
Ternate and
Proc. 1594
Maragondon
Cavite and Nasugbu,
Batangas
Antipolo, Rizal
R.A. 6984
Majayjay, Laguna andProc. 716
Lucban, Tayabas,
Proc. 75
Quezon
E.O 224
Atimonan, Padre
Proc. 740
Burgos
and Pagbilao,
Quezon
Provinces of Laguna, Proc. 1636
Quezon, Rizal and
Bulacan
E.O. 192
8.
Luneta NP
Ermita, Manila
9.
Cities of Manila
10.
Mt. Makiling NP
11.
Pagsanjan Gorge NP
Proc. 196
Proc. 234
E.O. 69
Proc. 41
P.D. 1085
11/11/37
8/11/41
7/22/67
10/26/76
9/18/90
5/21/41
8/9/66
7/16/87
10/25/34
4/18/77
6/10/87
12/10/87
12/19/55
2/7/64
7/5/54
2/4/77
2/23/33
8/2/60
3/28/39
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Laguna
Proc. 1551
5/31/76
Region 4-B
1.
Naujan Lake NP
2.
3.
4/27/56
1/25/68
11/9/70
3/26/71
River
4.
Tubbataha Reef
Proc. 306
8/11/88
7/5/54
3/20/75
MNR A.O. 4
S. 1996
Proc. 293
7/20/38
Proc. 291
7/20/38
Proc. 654
2/6/34
Proc. 657
2/13/34
Proc. 655
12/23/40
Proc. 811
6/7/35
Proc. 292
7/20/38
Proc. 47
7/10/54
Region 5
1.
Mt. Isarog
2.
Caramoan NP
3.
Libmanan Caves
4.
Bicol NP
5.
Bulusan Volcano
6.
Mayon Volcano
7.
Tiwi
Naga, Calabanga,
Tinambac, Goa,
Tigaon
and Pili, Camarines
Sur
Caramoan,
Camarines Sur
Libmanan,
Camarines Sur
Basud and Daet,
Camarines
Norte and
Sipocot and Lupi,
Camarines Sur
Casiguran,
Barcelona,
Irosin and Juban,
Sorsogon
Albay, Camalig,
Guinobatan, Libog,
Ligao,
Malilipot and Tabaco,
Albay
Tiwi, Albay
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Proc. 739
8/14/70
Proc. 760
6/14/61
Proc. 525
2/8/90
8/8/34
Cebu, Cebu
Balamban, Toledo,
City of
Cebu, Cebu
Carcar, Cebu
Proc. 56
4/11/36
Proc. 202
9/15/37
Proc. 835-A
R.A. 6429
MNRAO 32
3/27/71
6/17/72
5/30/86
Region 6
1.
Bulabog-Putian NP
2.
Takbong Isaland
National Marine
Reserve
Mt. Canlaon (other area
in R-7)
3.
Region 7
1.
Sudlon NP
2.
Central Cebu
3.
Guadalupe Mabugnao
Mainit HotSpring
4.
Rajah Sikatuna
Carmen, Sierra
Proc. 129
Bullones
Valencia Garcia
Hernandez, Diminao,
Bilar,
Batuan, Bohol
7/10/87
Region 8
1.
MacArthur Landing
(Imelda Park)
2.
Kuapnit Balinsasayao
Palo, Leyte
LOI 752
7/12/77
4/16/37
NP
3.
Mahagnao Volcano NP
4.
5.
8/27/37
7/19/35
Proc. 161
Proc. 1112
6/14/37
2/21/73
9/3/40
9/25/39
2/2/76
Region 9
1.
2.
Rizal (Dapitan)
Basilan NP
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3.
Zamboanga City
P.D. 654
Proc. 1801
2/4/75
11/10/78
R.A. 3568
6/21/63
R.A. 6266
6/19/17
Proc. 677
12/14/90
12/12/57
Region 10
1.
Initao NP
2.
Mt. Malindang NP
3.
Initao, Misamis
Oriental
Misamis Occidental
Manolo, Fortich,
Sumilao
Impasugong
Malaybalay,
Lantapan,
Talakag, Baungon
Region 11
1.
2.
5/9/36
5/8/66
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