Republic Act No. 9417 REPUBLIC ACT NO. 9147 AN ACT PROVIDING FOR
THE CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES AND THEIR
HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
CHAPTER I General Provisions SECTION 1. Title. This Act shall be
known as the Wildlife Resources Conservation and Protection Act.
SECTION 2. Declaration of Policy. It shall be the policy of the
State to conserve the countrys wildlife resources and their
habitats for sustainability. In the pursuit of this policy, this
Act shall have the following objectives: (a) to conserve and
protect wildlife species and their habitats to promote ecological
balance and enhance biological diversity; (b) to regulate the
collection and trade of wildlife; (c) to pursue, with due regard to
the national interest, the Philippine commitment to international
conventions, protection of wildlife and their habitats; and (d) to
initiate or support scientific studies on the conservation of
biological diversity. SECTION 3. Scope of Application. The
provisions of this Act shall be enforceable for all wildlife
species found in all areas of the country, including protected
areas under Republic Act No. 7586, otherwise known as the National
Integrated Protected Areas System (NIPAS) Act, and critical
habitats. This Act shall also apply to exotic species which are
subject to trade, are cultured, maintained and/or bred in captivity
or propagated in the country. SECTION 4. Jurisdiction of the
Department of Environment and Natural Resources and the Department
of Agriculture. The Department of Environment and Natural Resources
(DENR) shall have jurisdiction over all terrestrial plant and
animal species, all turtles and tortoises and wetland species,
including but not limited to crocodiles, waterbirds and all
amphibians and dugong. The Department of Agriculture (DA) shall
have jurisdiction over all declared aquatic critical habitats, all
aquatic resources, including but not limited to all fishes, aquatic
plants, invertebrates and all marine mammals, except dugong. The
secretaries of the DENR and the DA shall review, and, by joint
administrative order, revise and regularly update the list of
species under their respective jurisdiction. In the Province of
Palawan, jurisdiction herein conferred is vested to the Palawan
Council for Sustainable Development pursuant to Republic Act No.
7611. CHAPTER II Definition of Terms SECTION 5. Definition of
Terms. As used in this Act, the term: (a) Bioprospecting means the
research, collection and utilization of biological and genetic
resources for purposes of applying the knowledge derived therefrom
solely for commercial purposes; (b) By-product or derivatives means
any part taken or substance extracted from wildlife, in raw or in
processed form. This includes stuffed animals and herbarium
specimens; (c) Captive-breeding/culture or propagation means the
process of producing individuals under controlled conditions or
with human interventions; (d) Collection or collecting means the
act of gathering or harvesting wildlife, its by-products or
derivatives; (e) Conservation means preservation and sustainable
utilization of wildlife, and/or maintenance, restoration and
enhancement of the habitat; (f) Critically endangered species
refers to a species or subspecies that is facing extremely high
risk of extinction in the wild in the immediate future; (g)
Economically important species means species which have actual or
potential value in trade or utilization for commercial purpose; (h)
Endangered species refers to species or subspecies that is not
critically endangered but whose survival in the wild is unlikely if
the causal factors continue operating; (i) Endemic species means
species or subspecies which is naturally occurring and found only
within specific areas in the country; (j) Exotic species means
species or subspecies which do not naturally occur in the country;
(k) Export permit refers to a permit authorizing an individual to
bring out wildlife from the Philippines to any other country; (l)
Gratuitous permit means permit issued to any individual or entity
engaged in noncommercial scientific or educational undertaking to
collect wildlife; (m) Habitat means a place or environment where a
species or subspecies naturally occur or has naturally established
its population; (n) Import permit refers to a permit authorizing an
individual to bring in wildlife from another country; (o)
Indigenous wildlife means species or subspecies of wildlife
naturally occurring or has naturally established population in the
country; (p) Introduction means bringing species into the wild that
is outside its natural habitat; (q) Reexport permit refers to a
permit authorizing an individual to bring out of the country a
previously imported wildlife; (r) Secretary means either or both
the Secretary of the Department of Environment and Natural
Resources and the Secretary of the Department of Agriculture; (s)
Threatened species a general term to denote species or subspecies
considered as critically endangered, endangered, vulnerable or
other accepted categories of wildlife whose population is at risk
of extinction; (t) Trade means the act of engaging in the exchange,
exportation or importation, purchase or sale of wildlife, their
derivatives or by-products, locally or internationally; (u)
Traditional use means utilization of wildlife by indigenous people
in accordance with written or unwritten rules, usage, customs and
practices traditionally observed, accepted and recognized by them;
(v) Transport permit means a permit issued authorizing an
individual to bring wildlife from one place to another within the
territorial jurisdiction of the Philippines; (w) Vulnerable species
refers to species or subspecies that is not critically endangered
nor endangered but is under threat from adverse factors throughout
their range and is likely to move to the endangered category in the
near future; (x) Wildlife means wild forms and varieties of flora
and fauna, in all developmental stages, including those which are
in captivity or are being bred or propagated; (y) Wildlife
collectors permit means a permit to take or collect from the wild
certain species and quantities of wildlife for commercial purpose;
and (z) Wildlife farm/culture permit means a permit to develop,
operate and maintain a wildlife breeding farm for conservation,
trade and/or scientific purposes. CHAPTER III Conservation and
Protection of Wildlife Resources ARTICLE ONE General Provision
SECTION 6. Wildlife Information. All activities, as subsequently
manifested under this Chapter, shall be authorized by the Secretary
upon proper evaluation of best available information or scientific
data showing that the activity is, or for a purpose, not
detrimental to the survival of the species or subspecies involved
and/or their habitat. For this purpose, the Secretary shall
regularly update wildlife information through research. SECTION 7.
Collection of Wildlife. Collection of wildlife may be allowed in
accordance with Section 6 of this Act: Provided, That in the
collection of wildlife, appropriate and acceptable wildlife
collection techniques with least or no detrimental effects to the
existing wildlife populations and their habitats shall, likewise,
be required: Provided, further, That collection of wildlife by
indigenous people may be allowed for traditional use and not
primarily for trade: Provided, furthermore, That collection and
utilization for said purpose shall not cover threatened species:
Provided, finally, That Section 23 of this Act shall govern the
collection of threatened species. SECTION 8. Possession of
Wildlife. No person or entity shall be allowed possession of
wildlife unless such person or entity can prove financial and
technical capability and facility to maintain said wildlife:
Provided, That the source was not obtained in violation of this
Act. SECTION 9. Collection and/or Possession of By-Products and
Derivatives. By-products and derivatives may be collected and/or
possessed: Provided, That the source was not obtained in violation
of this Act. SECTION 10. Local Transport of Wildlife, By-Products
and Derivatives. Local transport of wildlife, by-products and
derivatives collected or possessed through any other means shall be
authorized unless the same is prejudicial to the wildlife and
public health. SECTION 11. Exportation and/or Importation of
Wildlife. Wildlife species may be exported to or imported from
another country as may be authorized by the Secretary or the
designated representative, subject to strict compliance with the
provisions of this Act and rules and regulations promulgated
pursuant thereto: Provided, That the recipient of the wildlife is
technically and financially capable to maintain it. SECTION 12.
Introduction, Reintroduction or Restocking of Endemic or Indigenous
Wildlife. The introduction, reintroduction or restocking of endemic
and indigenous wildlife shall be allowed only for population
enhancement or recovery purposes subject to prior clearance from
the Secretary or the authorized representative pursuant to Section
6 of this Act. Any proposed introduction shall be subject to a
scientific study which shall focus on the bioecology. The proponent
shall also conduct public consultations with concerned individuals
or entities. SECTION 13. Introduction of Exotic Wildlife. No exotic
species shall be introduced into the country, unless a clearance
from the Secretary or the authorized representative is first
obtained. In no case shall exotic species be introduced into
protected areas covered by Republic Act No. 7586 and to critical
habitats under Section 25 hereof. In cases where introduction is
allowed, it shall be subject to environmental impact study which
shall focus on the bioecology, socioeconomic and related aspects of
the area where the species will be introduced. The proponent shall
also be required to secure the prior informed consent from the
local stakeholders. SECTION 14. Bioprospecting. Bioprospecting
shall be allowed upon execution of an undertaking by any proponent,
stipulating therein its compliance with and commitment(s) to
reasonable terms and conditions that may be imposed by the
Secretary which are necessary to protect biological diversity. The
Secretary or the authorized representative, in consultation with
the concerned agencies, before granting the necessary permit, shall
require that prior informed consent be obtained by the applicant
from the concerned indigenous cultural communities, local
communities, management board under Republic Act No. 7586 or
private individual or entity. The applicant shall disclose fully
the intent and scope of the bioprospecting activity in a language
and process understandable to the community. The prior informed
consent from the indigenous peoples shall be obtained in accordance
with existing laws. The action on the bioprospecting proposal by
concerned bodies shall be made within a reasonable period. Upon
submission of the complete requirements, the Secretary shall act on
the research proposal within a reasonable period. If the applicant
is a foreign entity or individual, a local institution should be
actively involved in the research, collection and, whenever
applicable and appropriate, in the technological development of the
products derived from the biological and genetic resources. SECTION
15. Scientific Researches on Wildlife. Collection and utilization
of biological resources for scientific research and not for
commercial purposes shall be allowed upon execution of an
undertaking/agreement with and issuance of a gratuitous permit by
the Secretary or the authorized representative: Provided, That
prior clearance from concerned bodies shall be secured before the
issuance of the gratuitous permit: Provided, further, That the last
paragraph of Section 14 shall likewise apply. SECTION 16.
Biosafety. All activities dealing on genetic engineering and
pathogenic organisms in the Philippines, as well as activities
requiring the importation, introduction; field release and breeding
of organisms that are potentially harmful to man and the
environment shall be reviewed in accordance with the biosafety
guidelines ensuring public welfare and the protection and
conservation of wildlife and their habitats. SECTION 17. Commercial
Breeding or Propagation of Wildlife Resources. Breeding or
propagation of wildlife for commercial purposes shall be allowed by
the Secretary or the authorized representative pursuant to Section
6 through the issuance of wildlife farm/culture permit: Provided,
That only progenies of wildlife raised, as well as unproductive
parent stock shall be utilized for trade: Provided, further, That
commercial breeding operations for wildlife, whenever appropriate,
shall be subject to an environmental impact study. SECTION 18.
Economically Important Species. The Secretary, within one (1) year
after the effectivity of this Act, shall establish a list of
economically-important species. A population assessment of such
species shall be conducted within a reasonable period and shall be
regularly reviewed and updated by the Secretary. The collection of
certain species shall only be allowed when the results of the
assessment show that, despite certain extent of collection, the
population of such species can still remain viable and capable of
recovering its numbers. For this purpose, the Secretary shall
establish a schedule and volume of allowable harvests. Whenever an
economically important species become threatened, any form of
collection shall be prohibited except for scientific, educational
or breeding/propagation purposes, pursuant to the provisions of
this Act. SECTION 19. Designation of Management and Scientific
Authorities for International Trade in Endangered Species of Wild
Fauna and Flora. For the implementation of international agreement
on international trade in endangered species of wild fauna and
flora, the management authorities for terrestrial and aquatic
resources shall be the Protected Areas and Wildlife Bureau (PAWB)
of the DENR and the Bureau of Fisheries and Aquatic Resources
(BFAR) of the DA, respectively and that in the Province of Palawan
the implementation hereof is vested to the Palawan Council for
Sustainable Development pursuant to Republic Act No. 7611. To
provide advice to the management authorities, there shall be
designated scientific authorities for terrestrial and
aquatic/marine species. For the terrestrial species, the scientific
authorities shall be the Ecosystems Research and Development Bureau
(ERDB) of the DENR, the U.P. Institute of Biological Sciences and
the National Museum and other agencies as may be designated by the
Secretary. For the marine and aquatic species, the scientific
authorities shall be the BFAR, the U.P. Marine Science Institute,
U.P. Visayas, Silliman University and the National Museum and other
agencies as may be designated by the Secretary: Provided, That, in
the case of terrestrial species, the ERDB shall chair the
scientific authorities, and in the case of marine and aquatic
species, the U.P. Marine Science Institute shall chair the
scientific authorities. SECTION 20. Authority of the Secretary to
Issue Permits. The Secretary or the duly authorized representative,
in order to effectively implement this Act, shall issue
permits/certifications/clearances with corresponding period of
validity, whenever appropriate, which shall include but not limited
to the following: (1) Wildlife farm or culture permit 3 to 5 years;
(2) Wildlife collectors permit 1 to 3 years; (3) Gratuitous permit
1 year; (4) Local transport permit 1 to 3 months; and (5)
Export/Import/Reexport permit 1 to 6 months. These permits may be
renewed subject to the guidelines issued by the appropriate agency
and upon consultation with concerned groups. SECTION 21. Fees and
Charges. Reasonable fees and charges as may be determined upon
consultation with the concerned groups, and in the amount fixed by
the Secretary shall be imposed for the issuance of permits
enumerated in the preceding section. For the export of wildlife
species, an export permit fee of not greater than three percentum
(3%) of the export value, excluding transport costs, shall be
charged: Provided, however, That in the determination of aforesaid
fee, the production costs shall be given due consideration.
Cutflowers, leaves the like, produced from farms shall be exempted
from the said export fee: Provided, further, that fees and charges
shall be reviewed by the Secretary every two (2) years or as the
need arises and revise the same accordingly, subject to
consultation with concerned sectors. ARTICLE TWO Protection of
Threatened Species SECTION 22. Determination of Threatened Species.
The Secretary shall determine whether any wildlife species or
subspecies is threatened, and classify the same as critically
endangered, endangered, vulnerable or other accepted categories
based on the best scientific data and with due regard to
internationally accepted criteria, including but not limited to the
following. (a) present or threatened destruction, modification or
curtailment of its habitat or range; (b) over-utilization for
commercial, recreational, scientific or educational purposes; (c)
inadequacy of existing regulatory mechanisms; and (d) other natural
or man-made factors affecting the existence of wildlife. The
Secretary shall review, revise and publish the list of categorized
threatened wildlife within one (1) year after effectivity of this
Act. Thereafter, the list shall be updated regularly or as the need
arises: Provided, That a species listed as threatened shall not be
removed therefrom within three (3) years following its initial
listing. Upon filing of a petition based on substantial scientific
information of any person seeking for the addition or deletion of a
species from the list, the Secretary shall evaluate in accordance
with the relevant factors stated in the first paragraph of this
section, the status of the species concerned and act on said
petition within a reasonable period. The Secretary shall also
prepare and publish a list of wildlife which resembles so closely
in appearance with listed threatened wildlife, which species shall
likewise be categorized as threatened. SECTION 23. Collection of
Threatened Wildlife, By-Products and Derivatives. The collection of
threatened wildlife, as determined and listed pursuant to this Act,
including its by-products and derivatives, shall be allowed only
for scientific, or breeding or propagation purposes in accordance
with Section 6 of this Act: Provided, That only the accredited
individuals, business, research, educational or scientific entities
shall be allowed to collect for conservation breeding or
propagation purposes. SECTION 24. Conservation Breeding or
Propagation of Threatened Species. Conservation breeding or
propagation of threatened species shall be encouraged in order to
enhance its population in its natural habitat. It shall be done
simultaneously with the rehabilitation and/or protection of the
habitat where the captive-bred or propagated species shall be
released, reintroduced or restocked. Commercial breeding or
propagation of threatened species may be allowed provided that the
following minimum requirements are met by the applicant, to wit:
(a) Proven effective breeding and captive management techniques of
the species; and (b) Commitment to undertake commercial breeding in
accordance with Section 17 of this Act, simultaneous with
conservation breeding. The Secretary shall prepare a list of
threatened species for commercial breeding and shall regularly
revise or update such list or as the need arises. SECTION 25.
Establishment of Critical Habitats. Within two (2) years following
the effectivity of this Act, the Secretary shall designate critical
habitats outside protected areas under Republic Act No. 7586, where
threatened species are found. Such designation shall be made on the
basis of the best scientific data taking into consideration species
endemicity and/or richness, presence of man-made pressures/threats
to the survival of wildlife living in the area, among others. All
designated critical habitats shall be protected, in coordination
with the local government units and other concerned groups, from
any form of exploitation or destruction which may be detrimental to
the survival of the threatened species dependent therein. For such
purpose, the Secretary may acquire, by purchase, donation or
expropriation, lands, or interests therein, including the
acquisition of usufruct, establishment of easements or other
undertakings appropriate in protecting the critical habitat.
ARTICLE THREE Registration of Threatened and Exotic Species SECTION
26. Registration of Threatened and Exotic Wildlife in the
Possession of Private Persons. No person or entity shall be allowed
possession of wildlife unless such person or entity can prove
financial and technical capability and facility to maintain said
wildlife. Twelve (12) months after the effectivity of this Act, the
Secretary shall set a period, within which persons/entities shall
register all threatened species collected and exotic species
imported prior to the effectivity of this Act. However, when the
threatened species is needed for breeding/propagation or research
purposes, the State may acquire the wildlife through a mutually
acceptable arrangement. After the period set has elapsed,
threatened wildlife possessed without certificate of registration
shall be confiscated in favor of the government, subject to the
penalties herein provided. All Philippine wildlife which are not
listed as threatened prior to the effectivity of this Act but which
may later become so, shall likewise be registered during the period
set after the publication of the updated list of threatened
species. CHAPTER IV Illegal Acts SECTION 27. Illegal Acts. Unless
otherwise allowed in accordance with this Act, it shall be unlawful
for any person to willfully and knowingly exploit wildlife
resources and their habitats, or undertake the following acts: (a)
killing and destroying wildlife species, except in the following
instances; (i) when it is done as part of the religious rituals of
established tribal groups or indigenous cultural communities; (ii)
when the wildlife is afflicted with an incurable communicable
disease; (iii) when it is deemed necessary to put an end to the
misery suffered by the wildlife; (iv) when it is done to prevent an
imminent danger to the life or limb of a human being; and (v) when
the wildlife is killed or destroyed after it has been used in
authorized research or experiments. (b) inflicting injury which
cripples and/or impairs the reproductive system of wildlife
species; (c) effecting any of the following acts in critical
habitat(s): (i) dumping of waste products detrimental to wildlife;
(ii) squatting or otherwise occupying any portion of the critical
habitat; (iii) mineral exploration and/or extraction; (iv) burning;
(v) logging; and (vi) quarrying (d) introduction, reintroduction or
restocking of wildlife resources; (e) trading of wildlife; (f)
collecting, hunting or possessing wildlife, their by-products and
derivatives; (g) gathering or destroying of active nests, nest
trees, host plants and the like; (h) maltreating and/or inflicting
other injuries not covered by the preceding paragraph; and (i)
transporting of wildlife. CHAPTER V Fines and Penalties SECTION 28.
Penalties for Violations of this Act. For any person who undertakes
illegal acts under paragraph (a) of the immediately preceding
section to any species as may be categorized pursuant to this Act,
the following penalties and/or fines shall be imposed: (a)
imprisonment of a minimum of six (6) years and one (1) day to
twelve (12) years and/or a fine of One hundred thousand pesos
(100,000.00) to One million pesos (1,000,000.00), if inflicted or
undertaken against species listed as critical; (b) imprisonment of
four (4) years and one (1) day to six (6) years and/or a fine of
Fifty thousand pesos (P50,000.00) to Five hundred thousand pesos
(P500,000.00), if inflicted or undertaken against endangered
species; (c) imprisonment of two (2) years and one (1) day to four
(4) years and/or a fine of Thirty thousand pesos (P30,000.00) to
Three hundred thousand pesos (P300,000.00), if inflicted or
undertaken against vulnerable species; ADEHTS (d) imprisonment of
one (1) year and one (1) day to two (2) years and/or a fine of
Twenty thousand pesos (P20,000.00) to Two hundred thousand pesos
(P200,000.00), if inflicted or undertaken against other threatened
species; and (e) imprisonment of six (6) months and one (1) day to
one (1) year and/or a fine of Ten thousand pesos (P10,000.00) to
One hundred thousand pesos (P100,000.00), if inflicted or
undertaken against other wildlife species. For illegal acts under
paragraph (b) of the immediately preceding section, the following
penalties and/or fines shall be imposed: (a) imprisonment of a
minimum of four (4) years and one (1) day to six (6) years and/or a
fine of Fifty thousand pesos (P50,000.00) to Five hundred thousand
pesos (P500,000.00), if inflicted or undertaken against species
listed as critical; (b) imprisonment of two (2)years and one (1)
day to four (4) years and/or a fine of Thirty thousand pesos
(P30,000.00) to Two hundred thousand pesos (P200,000.00), if
inflicted or undertaken against endangered species; (c)
imprisonment of one (1) year and one (1) day to two (2) years
and/or a fine of Twenty thousand pesos (P20,000.00) to Two hundred
thousand pesos (P200,000.00), if inflicted or undertaken against
vulnerable species; (d) imprisonment of six (6) months and one (1)
day to one (1) year and/or a fine of Ten thousand pesos
(P10,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or
undertaken against other threatened species; and (e) imprisonment
of one (1) month to six (6) months and/or a fine of Five thousand
pesos (P5,000.00) to Twenty thousand pesos (P20,000.00), if
inflicted or undertaken against other wildlife species. For illegal
acts under paragraphs (c) and (d) of the immediately preceding
section, an imprisonment of one (1) month to eight (8) years and/or
a fine of Five thousand pesos (P5,000.00) to Five million pesos
(P5,000,000.00) shall be imposed. For illegal acts under paragraph
(e), the following penalties and/or fines shall be imposed: (a)
imprisonment of two (2) years and one (1) day to four (4) years
and/or a fine of Five thousand pesos (P5,000.00) to Three hundred
thousand pesos (P300,000.00), if inflicted or undertaken against
species listed as critical; (b) imprisonment of one (1) year and
one (1) day to two (2) years and/or a fine of Two thousand pesos
(P2,000.00) to Two hundred thousand pesos (P200,000.00) if
inflicted or undertaken against endangered species; (c)
imprisonment of six (6) months and one (1) day to one (1) year
and/or a fine of One thousand pesos (P1,000.00) to One hundred
thousand pesos (P100,000.00), if inflicted or undertaken against
vulnerable species; (d) imprisonment of one (1) month and one (1)
day to six (6) months and/or a fine of Five hundred pesos (P500.00)
to Fifty thousand pesos (P50,000.00), if inflicted or undertaken
against species listed as other threatened species; and (e)
imprisonment of ten (10) days to one (1) month and/or a fine of Two
hundred pesos (P200.00) to Twenty thousand pesos (P20,000.00), if
inflicted or undertaken against other wildlife species. For illegal
acts under paragraphs (f) and (g) of the immediately preceding
section, the following penalties and/or fines shall be imposed: (a)
imprisonment of two (2) years and one (1) day to four (4) years and
a fine of Thirty thousand pesos (P30,000.00) to Three hundred
thousand pesos (P300,000.00), if inflicted or undertaken against
species listed as critical; (b) imprisonment of one (1) year and
one (1) day to two (2) years and a fine of Twenty thousand pesos
(P20,000.00) to Two hundred thousand pesos (P200,000.00), if
inflicted or undertaken against endangered species; (c)
imprisonment of six (6) months and one (1) day to one (1) year and
a fine of Ten thousand pesos (P10,000.00) to One hundred thousand
pesos (P100,000.00), if inflicted or undertaken against vulnerable
species; (d) imprisonment of one (1) month and one (1) day to six
(6) months and a fine of Five thousand pesos (P5,000.00) to Fifty
thousand pesos (P50,000.00), if inflicted or undertaken against
species listed as other threatened species; and (e) imprisonment of
ten (10) days to one (1) month and a fine of One thousand pesos
(P1,000.00) to Five thousand pesos (P5,000.00), if inflicted or
undertaken against other wildlife species: Provided, That in case
of paragraph (f), where the acts were perpetuated through the means
of inappropriate techniques and devices, the maximum penalty herein
provided shall be imposed. For illegal acts under paragraphs (h)
and (i) of the immediately preceding section, the following
penalties and/or fines shall be imposed: (a) imprisonment of six
(6) months and one (1) day to one (1) year and a fine of Fifty
thousand pesos (P50,000.00) to One hundred thousand pesos
(P100,000.00), if inflicted or undertaken against species listed as
critical species; (b) imprisonment of three (3) months and one (1)
day to six (6) months and a fine of Twenty thousand pesos
(P20,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or
undertaken against endangered species; (c) imprisonment of one (1)
month and one (1) day to three (3) months and a fine of Five
thousand pesos (P5,000.00) to Twenty thousand pesos (P20,000.00),
if inflicted or undertaken against vulnerable species; (d)
imprisonment of ten (10) days to one (1) month and a fine of One
thousand pesos (P1,000.00) to Five thousand pesos (P5,000.00) if
inflicted or undertaken against species listed as other threatened
species; (e) imprisonment of five (5) days to ten (10) days and a
fine of Two hundred pesos (P200.00) to One thousand pesos
(P1,000.00), if inflicted or undertaken against other wildlife
species. All wildlife, its derivatives or by-products, and all
paraphernalia, tools and conveyances used in connection with
violations of this Act, shall be ipso facto forfeited in favor of
the government: Provided, That where the ownership of the aforesaid
conveyances belong to third persons who has no participation in or
knowledge of the illegal acts, the same may be released to said
owner. The apprehending agency shall immediately cause the transfer
of all wildlife that have been seized or recovered to the nearest
Wildlife Rescue Center of the Department in the area. If the
offender is an alien, he shall be deported after service of
sentence and payment of fines, without any further proceedings. The
fines herein prescribed shall be increased by at least ten percent
(10%) every three (3) years to compensate for inflation and to
maintain the deterrent function of such fines. CHAPTER VI
Miscellaneous Provisions SECTION 29. Wildlife Management Fund.
There is hereby established a Wildlife Management Fund to be
administered by the Department as a special account in the National
Treasury. It shall finance rehabilitation or restoration of
habitats affected by acts committed in violation of this Act and
support scientific research, enforcement and monitoring activities,
as well as enhancement of capabilities of relevant agencies. The
Fund shall derive from fines imposed and damages awarded, fees,
charges, donations, endowments, administrative fees or grants in
the form of contributions. Contributions to the Fund shall be
exempted from donor taxes and all other taxes, charges or fees
imposed by the government. CDEaAI SECTION 30. Deputation of
Wildlife Enforcement Officers. The Secretary shall deputize
wildlife enforcement officers from nongovernment organizations,
citizens groups, community organizations and other volunteers who
have undergone the necessary training for this purpose. The
Philippine National Police (PNP), the Armed Forces of the
Philippines (AFP), the National Bureau of Investigation (NBI) and
other law enforcement agencies shall designate wildlife enforcement
officers. As such, the wildlife enforcement officers shall have the
full authority to seize illegally traded wildlife and to arrest
violators of this Act subject to existing laws, rules and
regulations on arrest and detention. SECTION 31. Establishment of
National Wildlife Research Centers. The Secretary shall establish
national wildlife research centers for terrestrial and aquatic
species to lead in the conduct of scientific researches on the
proper strategies for the conservation and protection of wildlife,
including captive breeding or propagation. In this regard, the
Secretary shall encourage the participation of experts from
academic/research institutions and wildlife industry. SECTION 32.
Wildlife Rescue Center. The Secretary shall establish or designate
wildlife rescue centers to take temporary custody and care of all
confiscated, abandoned and/or donated wildlife to ensure their
welfare and well-being. The Secretary shall formulate guidelines
for the disposition of wildlife from the rescue centers. SECTION
33. Creation of Wildlife Traffic Monitoring Units. The Secretary
shall create wildlife traffic monitoring units in strategic air and
seaports all over the country to ensure the strict compliance and
effective implementation of all existing wildlife laws, rules and
regulations, including pertinent international agreements. Customs
officers and/or other authorized government representatives
assigned at air or seaports who may have intercepted wildlife
commodities in the discharge of their official functions shall,
prior to further disposition thereof, secure a clearance from the
wildlife traffic monitoring unit assigned in the area. SECTION 34.
Exemption from Taxes. Any donation, contribution, bequest, subsidy
or financial aid which may be made to the Department of Environment
and Natural Resources or to the Department of Agriculture and to
NGOs engaged in wildlife conservation duly registered with the
Securities and Exchange Commission as certified by the local
government unit, the Department of Environment and Natural
Resources or the Department of Agriculture, for the conservation
and protection of wildlife resources and their habitats shall
constitute as an allowable deduction from the taxable income of the
donor and shall be exempt from donors tax. SECTION 35. Flagship
Species. Local government units shall initiate conservation
measures for endemic species in their areas. For this purpose, they
may adopt flagship species such as the Cebu black shama (copsychus
cebuensis), tamaraw (bubalus mindorensis) Philippine tarsier
(tarsius syrichta), Philippine teak (tectona philippinensis), which
shall serve as emblems of conservation for the local government
concerned. SECTION 36. Botanical Gardens, Zoological Parks and
Other Similar Establishments. The Secretary shall regulate the
establishment, operation and maintenance of botanical gardens,
zoological parks and other similar establishments for recreation,
education and conservation. SECTION 37. Implementing Rules and
Regulations. Within twelve (12) months following the effectivity of
this Act, the secretaries of the Department of Environment and
Natural Resources and the Department of Agriculture, in
coordination with the Committees on Environment and Ecology of the
Senate and the House of Representatives, respectively, shall
promulgate respective rules and regulations for the effective
implementation of this Act. Whenever appropriate, coordination in
the preparation and implementation of rules and regulations on
joint and inseparable issues shall be done by both Departments. The
commitments of the State to international agreements and protocols
shall likewise be a consideration in the implementation of this
Act. SECTION 38. Appropriations. The amount necessary to initially
implement the provisions of this Act shall be charged against the
appropriations of the Department of Environment and Natural
Resources in the current General Appropriations Act. Thereafter,
such sums as may be necessary to fully implement the provisions of
this Act shall be included in the annual General Appropriations
Act. SECTION 39. Separability Clause. Should any provision of this
Act be subsequently declared as unconstitutional, the same shall
not affect the validity or the legality of the other provisions.
SECTION 40. Repealing Clause. Act Nos. 2590 and 3983, Commonwealth
Act No. 63, as amended, Presidential Decree No. 1219, as amended,
Republic Act No. 6147, and other laws, orders and regulations
inconsistent herewith are hereby repealed or amended accordingly.
SECTION 41. Effectivity. This Act shall take effect fifteen (15)
days after publication in the Official Gazette or two (2)
newspapers of general circulation.
Republic of the PhilippinesHOUSE OF REPRESENTATIVESQuezon City,
Metro ManilaFIFTEENTH CONGRESSFIRST REGULAR SESSIONHOUSE BILL
NO.2861
Introduced by HONORABLE ANGELO PALMONES
AN ACT ESTABLISHING A NATIONAL MANGROVE CONSERVATION AND
REHABILITATION PROGRAM COVERING ALL IDENTIFIED MANGROVE AREAS IN
THE COUNTRY, AND PROVIDING INSTITUTIONAL SUPPORT AND INCENTIVES
THEREFORBe it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:SECTION 1. Title. This Act
shall be known as the National Mangrove Conservation and
Rehabilitation Act of 2010.SECTION 2. Declaration of Policy.
Recognizing the multifarious benefits of mangroves in terms of
ecological and economic values as a natural and productive
resource, and in consonance with the mandate of the Constitution to
protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature,
it is hereby declared the policy of the State to secure the
protection, conservation and rehabilitation of all mangrove areas
of the country to ensure that its use and enjoyment are consistent
with the key principles of sustainable development, and at the same
time maintaining a balanced ecosystem for the benefit of the
Filipino people.SECTION 3. The National Mangrove Conservation and
Rehabilitation Program. In line with the above-enunciated policy,
and to address the present deplorable state of the countrys
mangrove resources caused primarily by overexploitation, conversion
to fishponds, urban land reclamation and other factors, there is
hereby established a National Mangrove Conservation and
Rehabilitation Program which shall be implemented by the DENR in
all identified mangrove areas of the country, and allowing
concerned National Government Agencies (NGAs), Local Government
Units (LGUs), the Private Sector, Non-Governmental Organizations
(NGOs), Peoples Organizations (POs) and other civil society groups
or individuals to participate and assist the government in its
implementation.SECTION 4. Definition of Terms. For purposes of this
Act, the following terms shall be defined as follows:(a)
Afforestation - refers to the establishment of mangrove plantations
in suitable areas not previously vegetated with mangroves;(b)
Aquasilviculture combination of tree plantation technologies and
fish or other sea products culture designed to obtain optimum
economic and environmental benefits from mangrove forests;(c)
Alienable or Disposable Lands -Those lands of the public domain
which have been the subject of the present system of classification
and certified as not needed for forestry purposes (P.D. 705, as
amended);(d) Coastal Area/Zone - A band of dry land and adjacent
ocean space (water and submerged land) in which terrestrial
processes and uses directly affect oceanic processes and uses and
vice versa; its geographic extent may include areas within a
landmark limit of 1 km from the shoreline at high tide to include
mangrove swamps, brackish water ponds, nipa swamps, estuarine
rivers, sandy beaches, and other areas within a seaward limit of
200 isobath to include coral reefs, algal flats, seagrass beds and
other soft-bottom areas (R.A. 8550);(e) Coastal Environment Program
(CEP) - A program established in the DENR to implement its projects
on conservation and management of the coastal environment. The CEP
encompasses all concerns over the habitat and ecological support
systems of coastal communities and fisheries specifically
pertaining to their productivity, biodiversity, integrity,
sustainability, and equitability of access and use (EO 263, DAO
9629);(f) Coastal resources are plant and animal life found in the
interface where the land meets the sea, also called coastal zone.
These include coral reefs, mangroves, seagrasses, fishes,
crustaceans, shells and other life forms found in the coastal
zone.(g) Communal Mangrove Forest - A tract of public mangrove
forest set aside by the DENR Secretary upon the recommendation of
the Director of the Forest Management Bureau for the exclusive use
of the Municipality (DAO 15, Series of 1990);(h) Community-Based
Forest Management Agreement (CBFMA) - A Production Sharing
Agreement entered into between a community and the government to
develop, utilize, manage, and conserve a specific portion of the
forestland, consistent with the principles of sustainable
development and pursuant to a Community Resource Management
Framework (EO 263, DAO 9629);(i) DENR - shall mean the Department
of Environment and Natural Resources(j) Environmentally Critical
Area - An area that is environmentally sensitive and is so listed
under Presidential Proclamation No. 2146, Series of 1981, as well
as other areas which the President may proclaim as environmentally
critical in accordance with Sec. 4 of PD 1586 (DAO 21, Series of
1992 as amended by DAO 96-37, Series of 1996;(k) Environmental
Compliance Certificate - The document issued by the DENR Secretary
or the Regional Executive Director certifying that, based on the
representations of the proponents and the preparers, as reviewed
and validated by the EIA Review Committee, the proposed project or
undertaking will not cause a significant environmental impact; that
the proponent has complied with all the requirements of the EIS
System; and that the proponent is committed to implement its
approved Environmental Management Plan in the Environmental Impact
Statement or mitigation measures in the Initial Environmental
Examination (DAO 11, Series of 1994);(l) Environmental Impact
Assessment - The process of predicting the likely environmental
consequences of implementing projects or undertakings and designing
appropriate preventive, mitigating, and enhancement measures (DAO
21, Series of 1992, as amended);(m) Environmental Impact Statement
(EIS) System - The entire process of organization, administrations,
and procedures institutionalized for purposes of assessing the
significance of the effects of any project or undertaking on the
quality of the physical, biological, and socioeconomic environment,
and designing appropriate preventive, mitigating, and enhancement
measures (DAO 21, Series of 1992, as amended);(n) Fishpond Lease
Agreement (FLA) - A privilege granted by the State to a person or a
group of persons to occupy and possess in consideration of
specified rental any public lands for the raising of fish and other
aquatic products (DAO 15, Series of 1990);(o) License - A privilege
granted by the State to a person or a group of persons to cut and
utilize mangrove resources within a specified mangrove production
area, without any right of occupation and possession over the same
(FAO 15, Series of l990);(p) Mangrove - is a type of forest growing
along tidal mudflats and along shallow- water coastal areas
extending inland along rivers, streams and their tributaries where
the water is generally brackish (Mangrove Mgt. Handbook- CRMP
(DENR-USAID)(q) Mangrove Area - The area found along the seacoast
and estuaries whether sparsely or thickly vegetated with true
and/or associated mangrove species, or open swampy areas, including
brackish fishponds extending along streams where the water is
brackish (DAO 15, Series of 1990);(r) Mangrove Resources - All
terrestrial and aquatic flora and fauna in mangroves including land
and minerals which could bestow any form of services, influences
and amenities to man and the environment (DAO 15, Series of
1990);(s) Mangrove species are woody or non-woody plants adapted
for life in brackish water. These are exemplified by bakauan,
tangal, pagatpat, nipa and other species;(t) Mangrove Forest
Plantation are mangrove forests that have developed from planted
mangrove trees and other associated plants.(u) Mangrove Production
Zones - are mangrove areas duly designated as such where natural
mangrove forests are strictly protected, while allowing mangrove
plantations developed therein to serve the economic needs of the
communities in terms of timber as housing materials, firewood,
charcoal, etc. Sustainable harvesting of mangrove species based on
duly-approved resource use plan may be allowed in these zones as
incentives for the planters;(v) Mangrove Protection Zones - are
mangrove areas duly designated as such where the natural mangrove
forests, as well as established mangrove plantations therein are
managed exclusively to protect the respective coastal areas and
communities from storm surges, waves, tidal currents and typhoons.
Cutting of mangrove trees and other plants, whether naturally
growing or planted, are strictly prohibited in these zones;(w)
Natural Mangrove Forests are forests that have grown naturally
without the aid of human intervention except in enhancing its
growth such as enrichment planting or assisted natural
regeneration.(x) Non-Government Organization - a group of persons
or an organization commonly referred to a Assisting Organization
(AO) with various expertise contracted by the DENR to assist in the
implementation of its projects;(y) Peoples Organization (PO) - a
group of people living within or adjacent to DENR mangrove
subprojects organized into an association, cooperative or any other
appropriate form of organization to implement the component
strategies of a particular community-based mangrove project;(z)
Reforestation refers to planting of mangrove species in degraded
areas formerly vegetated with mangrove species;(aa) Secretary -
shall mean the Secretary of the Department of Environment and
Natural Resources.(bb) Sea ranching refers to the culture of
economic fishes and other sea products in an enclosed or strictly
protected area with the main purpose of utilizing or harvesting the
mature individuals and in restocking adjacent areas.(cc)
Stewardship Agreement - A contract entered into by and between an
individual mangrove user or mangrove user association or
cooperative and the government which grants the former the right to
the exclusive use of a specified mangrove area for managing that
area according to a stewardship Plan (DAO 03, Series of
1991);SECTION 5. Identification/Survey/Zonification and Mapping.
The DENR Secretary shall, in coordination with the Department of
Agriculture (DA) and all the Local Government Units (LGUs)
concerned, order the identification, survey, zonification and
mapping of all mangrove areas in the country segregating areas that
are still forested, severely denuded or degraded, and classifying
them based on scientific and factual considerations into two main
categories, namely: (1) Mangrove Protection Zone; and (2) Mangrove
Production Zone.SECTION 6. Mangrove Protection Zone. The following
shall constitute the Mangrove Protection Zone as
identified/zonified and mapped:(a)All mangrove areas included under
the National Integrated Protected Areas System (NIPAS);(b) Mangrove
Areas outside of the NIPAS that have distinctive or remarkable
physical and aesthetic features, anthropological significance and
ecological values. These Non-NIPAS areas include coastal wetlands,
easements along waterways and shorelines, ecotourism sites and
other biologically important areas;(c)All existing natural mangrove
stands with their associated plants and other biological
composition; and(d)All coastal and mangrove areas, with or without
existing vegetation, which are prone to natural hazards such as
floods, typhoons, storm surges, etc.All mangrove areas included in
the Mangrove Protection Zone shall be conserved and protected to
prevent further deterioration of the environment and to minimize
the adverse effects of natural disasters. They shall also serve as
spawning grounds for fish, prawns and crabs and shall support
fisheries production in the area.: Provided that the cutting of
mangrove trees and other associated plants therein, whether
naturally growing or planted, is strictly prohibited;SECTION 7.
Mangrove Production Zone. The Mangrove Production Zone shall
consist of the following:(a)Coastal and mangrove areas located
outside of the Mangrove Protection Zones which are covered with
existing permits for CBFM and aquaculture projects, and mangrove
areas with approved Fishpond Lease Agreements;(b)Mangrove areas
outside the Mangrove Protection Zone which are potential sites for
the establishment of mangrove or nipa plantations that the
communities can in the future harvest for domestic uses like
housing materials, firewood, poles, etc.;(c)Mangrove areas outside
the Mangrove Protection Zone that can be developed as alternative
livelihood such as sea ranching/mariculture, fishery,
aquasilviculture, cottage industry, etc., which are not detrimental
to the continued existence or to the restoration of mangroves in
these areas; and(d) Non-Mangrove Areas mud flats and reef flats
that may be developed into mangrove plantation (bakauan bato,
pagatpat and bungalon), provided the area is not covered with sea
grasses.All coastal mangrove areas falling within the
classification of Mangrove Production Zone shall be managed in
accordance with the key principles of sustainable development:
Provided that mangrove plantations established within this zone may
be permitted to be selectively harvested for domestic purposes only
on a sustainable basis as deemed appropriate; Provided Further,
that the privilege to harvest shall only be granted to the private
individual or a group of individuals, or association/cooperative
which established and developed the said plantations as previously
authorized through an approved contract or agreement for the
purpose; Provided Further, that no harvesting shall commence
without a Resource Use Plan prepared by the proponent and duly
approved by the Secretary; or the duly authorized DENR Officer; and
Provided Finally that there shall be strictly no cutting of
naturally growing mangrove species therein;SECTION 8. Existing
Government Projects in Coastal and Mangrove Areas. Existing
government mangrove programs/projects such as the DENR Coastal
Environment Program (CEP), Forestry Sector Subprojects (FSP),
Community-Based Resource Management (CBRM), Integrated Coastal
Resources Management (ICRM) Program, and other similar government
initiatives shall continue to operate in conformity with this Act.
Additional project components consistent with those allowed in this
Act maybe identified for implementation subject to availability of
funds within these Programs whether from internally-allocated funds
or those generated by the programs themselves as allowed by
law.SECTION 9. Illegally-constructed and/or Abandoned Aquaculture
Ponds or Fishponds in Mangrove Areas. All aquaculture ponds or
fishponds constructed without a valid permit or license, or if
covered with a valid permit, license, or lease agreement but had
been abandoned for a period of at least five (5) years from the
date of issuance of the permit, license, or lease agreement shall
be automatically reverted to the category of public forest, and
shall form part of the Mangrove Production Zone to be managed in
accordance with this Program: Provided that the reverted areas
referred to herein may be developed into mangrove plantations that
can be harvested for household uses; or the same may be modified in
a manner as to provide other alternative livelihood like
aquasilviculture, or developing the area for the harvesting of
shells, crabs, shrimps, etc.; and Provided Further that henceforth,
mangrove areas shall no longer be released or allowed for
conversion into aquaculture ponds or fishponds.SECTION 10.
Rehabilitation of denuded/degraded Areas in Mangrove Protection
Zones, a Top Priority. The Secretary shall give top priority on the
rehabilitation of denuded/degraded areas within the Protection Zone
as this is extremely necessary to help cushion and mitigate the
impacts of climate change, and to serve as buffer zones to protect
human lives and property, particularly those in coastal areas which
are open or exposed to natural disasters.SECTION 11. Design of the
Program and Mechanics of Implementation. The Secretary shall
formulate a comprehensive long term National Mangrove Conservation
and Rehabilitation Program to achieve the intents and purposes of
this Act: Provided That there is hereby allocated fifty million
pesos (P 50,000,000) per year for the next 10 years to implement
the said Program; Provided Further that the Department shall submit
to Congress an annual accomplishment report on the implementation
of the Program; and Provided Finally that the Program shall be
developed and implemented with active participation of concerned
National Government Agencies (NGAs), Local Government Units (LGUs),
the Private Sector, Non-Governmental Organizations (NGOs), Peoples
Organizations (POs), and other civil society groups or individuals
to participate and assist the government in its implementation. The
Secretary shall likewise put in place a sound and feasible
Monitoring and Evaluation System (MES) to systematically check and
ensure the successful implementation of the Program.SECTION 12.
Management Strategies.12.1 Project Implementation Approaches12.1.1
CBFM approachThe community-based forest management (CBFM) shall be
the primary implementation approach for projects to be implemented
under this Program. Communities living within or outside mangrove
areas whose livelihood sources are closely linked to the mangrove
areas may apply for tenure of the mangrove areas under the CBFM
program.Within one year from obtaining tenure over the aforesaid
area, the CBFM Peoples Organization (PO) shall submit to the
Department through the CENRO concerned a sustainable mangrove
forest development plan which shall include, among others, a
detailed plan of activities relative to the development and
management of the production area, as well as provisions for the
protection and management of the protection zone therein, if the
CBFMA thus issued covers both zones.CBFM Agreements may also be
granted to communities through the PO within NIPAS protected
mangrove areas, or within duly-designated protection zones under
this Program. Likewise, within one year from obtaining the tenure
over the mangrove area, the PO shall submit to the Protected Area
Management Board (PAMB) concerned a Protection and Management Plan
for the CBFMA area. However, the PO may be allowed to develop the
area for ecotourism purposes as well as other development projects
compatible with the protected area status of the mangrove area as
provided for in RA No. 7586 otherwise known as the National
Integrated Protected Area System (NIPAS) Act.The Department of
Agricultures Bureau of Fisheries and Aquatic Resources shall
provide the necessary technical assistance in the development of
alternative marine-livelihood projects compatible with the
objectives of the sustainable mangrove management plan. Likewise,
the Department of Tourism shall provide the technical and
promotional packages in developing ecotourism potentials of the
area. The DENR shall facilitate the coordination of the POs
concerned with the said National Government Agencies and other
government agencies deemed necessary for the development of
alternative livelihood of the community.12.1.2 Mangrove Area
Adoption by Private OrganizationsA program for the adoption of
mangrove areas or portions thereof by private citizens, groups or
corporations shall be encouraged under this Act. Such arrangement
shall be limited only to areas within protection zones as so
identified and mapped where degraded mangrove areas or other
appropriate areas are developed through different rehabilitation
strategies. It shall be covered by a Memorandum of Agreement (MOA)
or any valid legal instrument between the DENR Regional Office and
the private parties concerned that would ensure the protection of
the area.The State shall allow integration of
non-consumptive/non-destructive income-generating components under
this arrangement such as ecotourism, aqua-silviculture development,
and other economic activities allowed under this Act primarily for
purposes of generating funds; or allow donations, contributions,
bequest, subsidy and financial aids from individuals or legal
entities to sustain the protection of the areas placed under such
arrangement: Provided that under this scheme, cutting or gathering
of mangrove timber whether naturally growing or planted shall not
be allowed. The DENR Regional Office shall have the primary
responsibility of monitoring and evaluating the compliance of its
partners with the terms and conditions of the MOA. Specific
guidelines on this mangrove forest adoption program shall be issued
by the DENR within six (6) months upon approval of this Act.
12.2 Mangrove Research, Development and ExtensionThe DENRs
Ecosystems Research and Development Bureau (ERDB) shall further
undertake relevant basic and applied research in support of this
Program. It shall likewise formulate extension approaches for
technologies on mangroves for field implementation.To increase
value-added to mangrove products, the Forest Products Research and
Development Institute (FPRDI) of the Department of Science and
Technology (DOST) shall be responsible for undertaking research and
development in this respect since utilization technologies are not
generated by ERDB. FPRDI shall be responsible for extension
services of these technologies in collaboration with
ERDB.Appropriate state colleges and university, particularly those
situated near or around mangrove areas are also hereby mandated to
undertake research, development and extension services on mangroves
for adoption by the Program.Social aspects of mangrove management
and utilization, vulnerabilities and adaptation to climate change
shall be the major themes of these mangrove research and
development initiatives.Within one year from the promulgation of
this Act, the ERDB shall, in cooperation and/or consultation with
other concerned research agencies, develop and submit to the DENR
Secretary a National Research, Development and Extension (RDE)
program on mangroves. Such R & D program shall also include R
& D projects outside of DENR. It shall also reflect the R &
D projects identified under the National Research Development
Agenda (NRDA) under the Presidential Coordinating Council for
Research and Development (PCCRD) and also those identified under
the National Framework Strategies on Climate Change (NFSCC) and
Action Program of the Commission of Climate Change, should there be
any.SECTION 13. Environmental Impact Assessment (EIS) System. All
harvesting operations when permitted by the Secretary shall be
covered by the EIS System. Relative thereto, all proponents
applying for a cutting license in their respective production areas
shall secure from the DENR an Environmental Compliance Certificate
(ECC) before they are allowed to conduct harvesting operations in
accordance with the approved Resource Use Plan.SECTION 14.
Incentives And Institutional Support. By virtue of their
participation in the Mangrove Area Adoption Scheme of this Program
as provided for under Section 12.1.2 hereof, the following
incentives, which are similar to those provided under R. A. No.
8525, or the Adopt- a- School Act of 1998, and other existing laws
or bills, if any but with modification, shall be granted to the
participating legal entity such as associations, cooperatives,
corporations, etc., or individual:(a)Deduction from their taxable
income of the full amount of the donations, contributions and/or
other expenditures incurred in the implementation of the Project;
and(b)Exemption from the payment of the donors tax for any
donations and/or other related contributions used in the
implementation of the Mangrove Area Adoption Scheme.Contributions
other than money shall be valuated based on the acquisition cost of
the property taking into account the depreciated value of the
property if the same had already been used when donated to the
Project.SECTION 15. Additional Incentives. The adopting
entity/individual shall, in addition to the incentives provided in
the immediately preceding Section, likewise be entitled to other
incentives and awards that the DENR may provide to deserving
Program participants.SECTION 16. Implementing Rules and
Regulations. The Secretary of the DENR shall, in consultation with
the Department of Finance (DOF), Department of Agriculture (DA),
Department of Budget and Management (DBM) and other concerned
Agencies, formulate the rules and regulations to implement the
relevant provisions of this Act.SECTION 17. Separability Clause. If
any provision of this Act is declared unconstitutional, the
validity of the other provisions shall not be affected by such
declaration.SECTION 18. Repealing Clause. Section 71 of Republic
Act 7161 of 1992 and such other laws, decrees, orders, rules and
regulations or parts thereof inconsistent with this Act are hereby
repealed, amended, or modified accordingly.SECTION 19. Effectivity.
This Act shall take effect fifteen (15) days after its publication
in two (2) national papers of general circulation.ApprovedAngelo B.
Palmones
MALACAANGM a n i l aPRESIDENTIAL DECREE No. 1067 December 31,
1976A DECREE INSTITUTING A WATER CODE, THEREBY REVISING AND
CONSOLIDATING THE LAWS GOVERNING THE OWNERSHIP, APPROPRIATION,
UTILIZATION, EXPLOITATION, DEVELOPMENT, CONSERVATION AND PROTECTION
OF WATER RESOURCESWHEREAS, Article XIV, Section 8 of the New
Constitution of the Philippines provides, inter alia, that all
waters of the Philippines belong to the State; WHEREAS, existing
water legislations are piece-meal and inadequate to cope with
increasing scarcity of water and changing patterns of water
use;WHEREAS, there is a need for a Water Code based on rational
concepts or integrated and multipurpose management of water
resources and sufficiently flexible to adequately meet future
developments;WHEREAS, water is vital to national development and it
has become increasingly necessary for government to intervene
actively in improving the management of water resources;NOW,
THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue of the powers in me vested by the Constitution, do hereby
order and decree the enactment of the water Code of the Philippines
of 1976, as follows:CHAPTER IDECLARATION OF OBJECTIVES AND
PRINCIPLESArticle 1. This Code shall be known as The Water Code of
the Philippines.Article 2. The objectives of this Code are:(a) To
establish the basic principles and framework relating to the
appropriation, control and conservation of water resources to
achieve the optimum development and rational utilization of these
resources;(b) To define the extent of the rights and obligations of
water users and owners including the protection and regulation of
such rights; (c) To adopt a basic law governing the ownership,
appropriation, utilization, exploitation, development, conservation
and protection of water resources and rights to land related
thereto; and(d) To identify the administrative agencies which will
enforce this Code.Article 3. The underlying principles of this code
are:(a) All waters belong to the State.(b) All waters that belong
to the State can not be the subject to acquisitive prescription.(c)
The State may allow the use or development of waters by
administrative concession.(d) The utilization, exploitation,
development, conservation and protection of water resources shall
be subject to the control and regulation of the government through
the National Water Resources Council, hereinafter referred to as
the Council.(e) Preference in the use and development of waters
shall consider current usages and be responsive to the changing
needs of the country.Article 4. Waters, as used in this Code,
refers to water under the grounds, water above the ground, water in
the atmosphere and the waters of the sea within the territorial
jurisdiction of the Philippines. CHAPTER IIOWNERSHIP OF
WATERSArticle 5. The following belong to the State:(a) Rivers and
their natural beds;(b) Continuous or intermittent waters of springs
and brooks running in their natural beds and the beds
themselves;(c) Natural lakes and lagoons;(d) All other categories
of surface waters such as water flowing over lands, water from
rainfall whether natural, or artificial, and water from agriculture
runoff, seepage and drainage;(e) Atmospheric water;(f) Subterranean
or ground waters; and,(g) Seawater.Article 6. The following waters
found on private lands belong to the State:(a) Continuous or
intermittent waters rising on such lands;(b) Lakes and lagoons
naturally occuring on such lands;(c) Rain water falling on such
lands; (d) Subterranean or ground waters; and,(e) Water in swamps
and marshes.The owner of the land where the water is found may use
the same for domestic purposes without securing a permit, provided
that such use shall be registered, when required by the Council.
The Council, however, may regulate such when there is wastage, or
in times of emergency.Article 7. Subject to the provisions of this
Code, any person who captures or collects water by means of
cisterns, tanks, or pools shall have exclusive control over such
water and the right to dispose of the same.Article 8. Water legally
appropriated shall be subject to the control of the appropriator
from the moment it reaches the appropriator's canal or aqueduct
leading to the place where the water will be used or stored and,
thereafter, so long as it is being beneficially used for the
purposes for which it was appropriated.CHAPTER IIIAPPROPRIATION OF
WATERSArticle 9. Waters may be appropriated and used in accordance
with the provisions of this Code.Appropriation of water, as used in
this Code, is the acquisition of rights over the use of waters or
the taking or diverting of waters from a natural source in the
manner and for any purpose allowed by law. Article 10. Water may be
appropriated for the following purposes:(a) Domestic (b) Municipal
(c) Irrigation (d) Power generation (e) Fisheries (f) Livestock
raising (g) Industrial (h) Recreational, and (i) Other purposesUse
of water for domestic purposes is the utilization of water for
drinking, washing, bathing, cooking or other household needs, home
gardens, and watering of lawns or domestic animals.Use of water for
municipal purposes is the utilization of water for supplying the
water requirements of the community.Use of water for irrigation is
the utilization of water for producing agricultural crops.Use of
water for power generation is the utilization of water for
producing electrical or mechanical power.Use of water for fisheries
is the utilization of water for the propagation and culture of fish
as a commercial enterprise. Use of water for livestock raising is
the utilization of water for large herds or flocks of animals
raised as a commercial enterprise. Use of water for industrial
purposes is the utilization of water in factories, industrial
plants and mines, including the use of water as an ingredient of a
finished product.Use of water for recreational purposes is the
utilization of water for swimming pools, bath houses, boating,
water skiing, golf courses and other similar facilities in resorts
and other places of recreation.Article 11. The State, for reasons
of public policy, may declare waters not previously appropriated,
in whole or in part, exempt from appropriation for any or all
purposes and, thereupon, such waters may not be appropriated for
those purposes.Article 12. Waters appropriated for a particular
purpose may be applied for another purpose only upon prior approval
of the Council and on condition that the new use does not unduly
prejudice the rights of other permittees, or require an increase in
the volume of water.Article 13. Except as otherwise herein
provided, no person, including government instrumentalities or
government-owned or controlled corporations, shall appropriate
water without a water right, which shall be evidenced by a document
known as a water permit.Water right is the privilege granted by the
government to appropriate and use water.Article 14. Subject to the
provisions of this Code concerning the control, protection,
conservation, and regulation of the appropriation and use of
waters, any person may appropriate or use natural bodies of water
without securing a water permit for any of the following: (a)
Appropriation of water by means of handcarried receptacles; and(b)
Bathing or washing, watering or dipping of domestic or farm
animals, and navigation of watercrafts or transportation of logs
and other objects by flotation.Article 15. Only citizens of the
Philippines, of legal age, as well as juridical persons, who are
duly qualified by law to exploit and develop water resources, may
apply for water permits.Article 16. Any person who desires to
obtain a water permit shall file an application with the Council
who shall make known said application to the public for any
protests.In determining whether to grant or deny an application,
the Council shall consider the following: protests filed, if any;
prior permits granted; the availability of water; the water supply
needed for beneficial use; possible adverse effects; land-use
economics; and other relevant factors.Upon approval of an
application, a water permit shall be issued and recorded.Article
17. The right to the use of water is deemed acquired as of the date
of filing of the application for a water permit in case of approved
permits, or as of the date of actual use in a case where no permit
is required.Article 18. All water permits granted shall be subject
to conditions of beneficial use, adequate standards of design and
construction, and such other terms and conditions as may be imposed
by the Council. Such permits shall specify the maximum amount of
water which may be diverted or withdrawn, the maximum rate of
diversion or withdrawal, the time or times during the year when
water may be diverted or withdrawn, the points or points of
diversion or location of wells, the place of use, the purposes of
which water may be used and such other requirements the Council
deems desirable.Article 19. Water rights may be leaded or
transferred in whole or in part to another person with prior
approval of the Council, after due notice and hearing.Article 20.
The measure and limit of appropriation of water shall be beneficial
use.Beneficial use of water is the utilization of water in the
right amount during the period that the water is needed for
producing the benefits for which the water is appropriated.Article
21. Standards of beneficial use shall be prescribed by the council
for the appropriator of water for different purposes and
conditions, and the use of waters which are appropriated shall be
measured and controlled in accordance therewith.Excepting for
domestic use, every appropriator of water shall maintain water
control and measuring devices, and keep records of water
withdrawal. When required by the Council, all appropriators of
water shall furnish information on water use.Article 22. Between
two or more appropriators of water from the same sources of supply,
priority in time of appropriation shall give the better right,
except that in times of emergency the use of water for domestic and
municipal purposes shall have a better right over all other uses;
Provided, the where water shortage is recurrent and the
appropriator for municipal use has a lower priority in time of
appropriation, then it shall be his duty to find an alternative
source of supply in accordance with conditions prescribed by the
Council. Article 23. Priorities may be altered on grounds of
greater beneficial use, multi-purpose use, and other similar
grounds after due notice and hearing, subject to payment of
compensation is proper cases.Article 24. A water right shall be
exercised in such a manner that the rights of third persons or of
other appropriators are not prejudiced thereby.Article 25. A holder
of water permit may demand the establishment of easements necessary
for the construction and maintenance of the works and facilities
needed for the beneficial use of the waters to be appropriated
subject to the requirements of just compensation and to the
following conditions:(a) That he is the owner, lessee, mortgagee or
one having real right over the land upon which he proposes to use
water; and(b) That the proposed easement is the most convenient and
the least onerous to the servient estate.Easements relating to the
appropriation and use of waters may be modified by agreement of the
contracting parties provided the same is not contrary to law or
prejudicial to third persons.Article 26. Where water shortage is
recurrent, the use of the water pursuant to a permit may, in the
interest of equitable distribution of the benefits among legal
appropriators, reduce after due notice and hearing.Article 27.
Water users shall bear the diminution of any water supply due to
natural causes or force majeure.Article 28. Water permits shall
continue to be valid as long as water is beneficially used;
however, it maybe suspended on the grounds of non-compliance with
approved plans and specifications or schedules of water
distribution; use of water for a purpose other than that for which
it was granted; non-payment of water charges; wastage; failure to
keep records of water diversion, when required; and violation of
any term or condition of any permit or rules and regulations
promulgated by the Council.Temporary permits may be issued for the
appropriation and use of water for short periods under special
circumstances. Article 29. Water permits may be revoked after due
notice and hearing on grounds of non-use; gross violation of the
conditions imposed in the permit; unauthorized sale of water;
willful failure or refusal to comply with rules and regulations of
any lawful order; pollution, public nuisance or acts detrimental to
public health and safety; when the appropriator is found to be
disqualified under the law to exploit and develop natural resources
of the Philippines; when, in the case, of irrigation, the land is
converted to non-agricultural purposes; and other similar
grounds.Article 30. All water permits are subject to modification
or cancellation by the council, after due notice and hearing, in
favor of a project of greater beneficial use or for multi-purpose
development, and a water permittee who suffers thereby shall be
duly compensated by the entity or person in whose favor the
cancellation was made.CHAPTER IVUTILIZATION OF WATERSArticle 31.
Preference in the development of water resources shall consider
security of the State, multiple use, beneficial effects, adverse
effects and costs of development.Article 32. The utilization of
subterranean or ground water shall be coordinated with that of
surface waters such as rivers, streams, springs and lakes, so that
a superior right in one not adversely affected by an inferior right
in the other.For this purpose the Council shall promulgate rules
and regulations and declare the existence of control areas for the
coordinated development, protection, and utilization of
subterranean or ground water and surface waters.Control area is an
area of land where subterranean or ground water and surface water
are so interrelated that withdrawal and use in one similarly
affects the other. The boundary of a control area may be altered
from time to time, as circumstances warrant. Article 33. Water
contained in open canals, aqueducts or reservoirs of private
persons may be used by any person for domestic purpose or for
watering plants as long as the water is withdrawn by manual methods
without checking the stream or damaging the canal, aqueduct or
reservoir; Provided, That this right may be restricted by the owner
should it result in loss or injury to him.Article 34. A water
permittee or appropriator may use any watercourse to convey water
to another point in the watercourse for the purpose stated in a
permit and such water may be diverted or recaptured at that point
by said permittee in the same amount less allowance for normal
losses in transit.Article 35. Works for the storage, diversion,
distribution and utilization of water resources shall contain
adequate provision for the prevention and control of diseases that
may be induced or spread by such works when required by the
Council.Article 36. When the reuse of waste water is feasible, it
shall be limited as much as possible, to such uses other than
direct human consumption. No person or agency shall distribute such
water for public consumption until it is demonstrated that such
consumption will not adversely affect the health and safety of the
public.Article 37. In the construction and operation of hydraulic
works, due consideration shall be given to the preservation of
scenic places and historical relics and, in addition to the
provisions of existing laws, no works that would required the
destruction or removal of such places or relics shall be undertaken
without showing that the distribution or removal is necessary and
unaviodable.Article 38. Authority for the construction of dams,
bridges and other structures across of which may interfere with the
flow of navigable or flotable waterways shall first be secured from
the Department of Public Works, Transportation and Communications.
Article 39. Except in cases of emergency to save life or property,
the construction or repair of the following works shall be
undertaken only after the plans and specifications therefor, as may
be required by the Council, are approved by the proper government
agency; dams for the diversion or storage of water; structures for
the use of water power, installations for the utilization of
subterranean or ground water and other structures for utilization
of water resources.Article 40. No excavation for the purpose of
emission of a hot spring or for the enlargement of the existing
opening thereof shall be made without prior permit.Any person or
agency who intends to develop a hot spring for human consumption
must first obtain a permit from the Department of Health.Article
41. No person shall develop a stream, lake, or spring for
recreational purposes without first securing a permit from the
Council.Article 42. Unless-otherwise ordered by the President of
the Philippines and only in time of national calamity or emergency,
no person shall induce or restrain rainfall by any method such as
cloud seeding without a permit from the proper government
emergency.Article 43. No person shall raise or lower the water
level of a river stream, lake, lagoon, or marsh nor drain the same
without a permit.Article 44. Drainage systems shall be so
constructed that their outlets are rivers, lakes, the sea, natural
bodies of water, or such other water course as may be approved by
the proper government agency. Article 45. When a drainage channel
is constructed by a number of persons for their common benefit, the
cost of construction and maintenance of the channel shall be borne
by each in proportion to the benefits drived.Article 46. When
artificial means are employed to drain water from higher to lower
land, the owner of the higher land shall select the routes and
methods of drainage that will cause the minimum damage to the lower
lands, subject to the requirements of just compensation.Article 47.
When the use, conveyance or storage of waters results in damage to
another, the person responsible for the damage shall pay
compensation.Article 48. When a water resources project interferes
with the access of landowner to a portion of his property or with
the conveyance of irrigation or drainage water, the person or
agency constructing the project shall bear the cost of construction
and maintenance of the bridges, flumes and other structures
necessary for maintaining access, irrigation, or drainage, in
addition to paying compensation for land and incidental
damages.Article 49. Any person having an easement for an aqueduct
may enter upon the servient land for the purpose of cleaning,
repairing or replacing the aqueduct or the removal of obstructions
therefrom.Article 50. Lower estates are obliged to receive the
waters which naturally and without the intervention of man flow
from the higher estate, as well as the stone or earth which they
carry with them.The owner of the lower estate can not construct
works which will impede this natural flow, unless he provides an
alternative method of drainage; neither can the owner of the higher
estate make works which will increase this natural flow.Article 51.
The banks of rivers and streams and the shores of the seas and
lakes throughout their entire length and within a zone of three (3)
meters in urban areas, twenty (20) meters in agricultural areas and
forty (40) meters in forest areas, along their margins are subject
to the easement of public use in the interest of recreation,
navigation, floatage, fishing and salvage. No person shall be
allowed to stay in this zone longer than what is necessary for
recreation, navigation, floatage, fishing or salvage or to build
structures of any kind. Article 52. The establishment, extent,
form, and conditions of easements of water not expressly determined
by the provisions of this Code shall be governed by the provisions
of the Civil Code.CHAPTER VCONTROL OF WATERSArticle 53. To promote
the best interest and the coordinated protection of flood plain
lands, the Secretary of Public Works, Transportation and
Communications may declare flood control areas and promulgate
guidelines for governing flood plain management plans in these
areas.Article 54. In declared flood control areas, rules and
regulations may be promulgated to prohibit or control activities
that may damage or cause deterioration or lakes and dikes, obstruct
the flow of water, change the natural flow of the river, increase
flood losses or aggravate flood problems.Article 55. The government
may construct necessary flood control structures in declared flood
control areas, and for this purpose it shall have a legal easement
as wide as may be needed along and adjacent to the river bank and
outside of the bed or channel of the river.Article 56. River beds,
sand bars and tidal flats may not be cultivated except upon prior
permission from the Secretary of the Department of Public Works,
Transportation and Communication and such permission shall not be
granted where such cultivation obstructs the flow of water or
increase flood levels so as to cause damage to other areas.Article
57. Any person may erect levees or revetments to protect his
property from flood, encroachment by the river or change in the
course of the river, provided that such constructions does not
cause damage to the property of another. Article 58. When a river
or stream suddenly changes its course to traverse private lands,
the owners of the affected lands may not compel the government to
restore the river to its former bed; nor can they restrain the
government from taking steps to revert the river or stream to its
former course. The owners of the land thus affected are not
entitled to compensation for any damage sustained thereby. However,
the former owners of the new bed shall be the owners of the
abandoned bed in proportion to the area lost by each.The owners of
the affected lands may undertake to return the river or stream to
its old bed at their own expense; Provided, That a permit therefor
is secured from the Secretary of Public Works, Transportation and
Communication and work pertaining thereto are commenced within two
years from the change in the course of the river or stream.Article
59. Rivers, lakes and lagoons may, upon the recommendation of the
Philippines Coast Guard, be declared navigable either in whole or
in part.Article 60. The rafting of logs and other objects on rivers
and lakes which are flotable may be controlled or prohibited during
designated season of the year with due regard to the needs of
irrigation and domestic water supply and other uses of
water.Article 61. The impounding of water in ponds or reservoirs
may be prohibited by the Council upon consultation with the
Department of Health if it is dangerous to public health, or it may
order that such pond or reservoir be drained if such is necessary
for the protection of public health.Article 62. Waters of a stream
may be stored in a reservoir by a permittee in such amount as will
not prejudice the right of any permittee downstream. Whoever
operates the reservoir shall, when required, release water for
minimum stream flow.All reservoir operations shall be subject to
rules and regulations issued by the Council or any proper
government agency. Article 63. The operator of a dam for the
storage of water may be required to employ an engineer possessing
qualifications prescribed for the proper operations, maintenance
and administration of the dam.Article 64. The Council shall approve
the manner, location, depth, and spacing in which borings for
subterranean or ground water may be made, determine the
requirements for the registration of every boring or alteration to
existing borings as well as other control measures for the
exploitation of subterranean or ground water resources, and in
coordination with the Professional Regulation Commission prescribe
the qualifications of those who would drill such borings.No person
shall drill a well without prior permission from the
Council.Article 65. Water from one river basin may be transferred
to another river basin only with approval of the Council. In
considering any request for such transfer, the Council shall take
into account the full costs of the transfer, the benefits that
would accrue to the basin of origin without the transfer, the
benefits would accrue to the receiving basin on account of the
transfer, alternative schemes for supplying water to the receiving
basin, and other relevant factors.CHAPTER VICONSERVATION AND
PROTECTION OF WATERS AND WATERSHEDS AND RELATED LAND
RESOURCESArticle 66. After due notice and hearing when warranted by
circumstances, minimum stream flows for rivers and streams, and
minimum water levels for lakes may be established by the Council
under such conditions as may be necessary for the protection of the
environment, control of pollution, navigation, prevention of salt
damage, and general public use. Article 67. Any watershed or any
area of land adjacent to any surface water or overlying any ground
water may declared by the Department of Natural Resources as
protected area Rules and regulations may be promulgated by such
Department to prohibit or control such activities by the owners or
occupants thereof within the protected area which may damage or
cause the deterioration of the surface water or ground water or
interfere with the investigation, use, control, protection,
management or administration of such waters.Article 68. It shall be
the duty of any person in control of a well to prevent the water
from flowing on the surface of the land, or into any surface water,
or any porous stratum under neath the surface without being
beneficially used.Article 69. It shall be the duty of any person in
control of a well containing water with minerals or other
substances injurious to man, animals, agriculture, and vegetation
to prevent such waters from flowing on the surface of the land or
into any surface water or into any other aquifer or porous
stratum.Article 70. No person shall utilize an existing well or
pond or spread waters for recharging substerranean or ground water
supplies without prior permission of the Council.Article 71. To
promote better water conservation and usage for irrigation
purposes, the merger of irrigation associations and the
appropriation of waters by associations instead of by individuals
shall be encouraged.No water permit shall be granted to an
individual when his water requirement can be supplied through an
irrigation association. Article 72. In the consideration of a
proposed water resource project, due regard shall be given to
ecological changes resulting from the construction of the project
in order to balance the needs of development and the protection of
the environment.Article 73. The conservation of fish and wildlife
shall receive proper consideration and shall be coordinated with
other features of water resources development programs to insure
that fish and wildlife values receive equal attention with other
project purposes.Article 74. Swamps and marshes which are owned by
the State and which primary value for waterfowl propagation or
other wildlife purposes may be reserved and protected from drainage
operation and development.Article 75. No person shall, without
prior permission from the National Pollution Control Commission,
build any works that may produce dangerous or noxious substances or
perform any act which may result in the introduction of sewage,
industrial waste, or any pollutant into any source of water
supply.Water pollution is the impairment of the quality of water
beyond a certain standard. This standard may vary according to the
use of the water and shall be set by the National Po