Philippine Institute for Development Studies

Republic of the Philippines

HOUSE OF REPRESENTATIVES

Quezon City

TWELFTH CONGRESS

First Regular Session

HOUSE BILL NO. 2434

Introduced by REPRESENTATIVE EDWIN C. UY

EXPLANATORY NOTE

The mangrove forest is considered as one of the most productive and fertile ecosystems in the world. Many of our people living in coastal communities have lived, fished and hunted within mangrove forests for ages, deriving from them important commodities such as food, fuel, timber, medicine and building materials.

Mangrove forests also serve as "shelter belt" because they can cushion the impact of strong winds and provide protection against soil erosion. With its extensive air root system, mangrove forests are able to stabilize shorelines and protect inshore fish habitats from sediment pollution; they can even transport accumulated nutrients to adjacent areas. More importantly, mangrove forests serve as natural nurseries or breeding places for a large number of fishes, crabs, sea creatures and other commercially important species.

Unfortunately, based on the DENR data, the remaining mangrove areas in the country is estimated to be at 139,725 hectares, from its 448,000 hectares way back in 1967. The average rate of denudation between 1978 and 1998 is approximately placed at 10,000 hectares per annum, and less than five percent (5%) of the remaining mangrove area is old-growth forest.

This rapid decline of mangrove forests can be attributed to the "open access system" in the country which causes the over-exploitation of resources found within the forests. This is exacerbated by the lack of technical understanding of the fundamental issues and problems associated with coastal resource management, especially among local government executives and the community living along the coasts.

This measures proposes to establish reservation areas in all coastal areas in each municipality of the country solely for the preservation, protection, reforestation, afforestation and sustainable development of mangrove forests.

In setting aside portions of land for mangrove, we can ensure that our people will continue to enjoy the benefits accorded by this important ecosystem.

This proposed measure also penalize the destruction and cutting mangrove trees, as well as dumping waste products within the reservation areas.

Furthermore, the offender shall be required to pay for the expenses that will be incurred to the restoration or rehabilitation of the mangrove areas that will be damaged or destroyed.

In view of the foregoing concerns, the early approval of this bill is being earnestly sought.

HON. EDWIN C. UY

Representative

2nd District of Isabela

Republic of the Philippines

HOUSE OF REPRESENTATIVES

Quezon City

TWELFTH CONGRESS

First Regular Session

HOUSE BILL NO. 2434

Introduced by REPRESENTATIVE EDWIN C. UY

AN ACT

PROVIDING FOR THE PRESERVATION, REFORESTATION, AFFORESTATION AND SUSTAINABLE DEVELOPMENT OF THE MANGROVE FORESTS IN THE PHILIPPINES, PROVIDING PENALTIES THEREFOR, AND FOR THE OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "National Protection and Preservation of Mangrove Forest Act of 2001."

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to protect and preserve the country's natural resources. Towards this end, the preservation, reforestation, afforestation and sustainable development of the mangrove forests shall be pursued through the establishment of reservation areas exclusively for mangrove trees.

SEC. 3. Definition of Terms. - As used in this Act:

a) Afforestation - shall refer to the planting of mangrove trees along coastal areas not previously planted with the mangrove trees;

b) Coastal Areas - shall refer to portions of land which border the sea;

c) Mangrove Forest - shall refer to a type of forest occurring on a tidal flat along the sea coast, extending along streams where the water is brackish;

d) Reservation Areas - shall refer to coastal areas which have been set aside exclusively for reforestation, afforestation, conservation and preservation purposes; and

e) Reforestation - shall refer to the planting of mangrove trees along the denuded coastal areas.

SEC. 4. Reservation Areas. - There shall be established and set aside in all coastal areas in each municipality within the Philippines portions of land solely for the preservation, reforestation, afforestation and sustainable management of mangrove forests. All existing mangrove forests shall automatically form part of the reservation areas.

SEC. 5. Establishment of National Council for the Preservation of Mangrove Forests. - There is hereby established a National Council for the Preservation of Mangrove Forests, hereinafter referred to as the National Council, which shall be an attached agency of the Department of Environment and Natural Resources (DENR). The Council shall be headed by the Secretary of the DENR who shall be the Chairman of the Council.

SEC. 6. Composition of the National Council for the Preservation of Mangrove Forests. - The National Council for the Preservation of Mangrove Forests, hereinafter referred to as the "Council", shall be composed of the following members:

1) Secretary of the Department of Environment and Natural Resources (DENR), which shall act as the Chairman of the Council;

2) Secretary of the Department of Agriculture (DA), which shall act as the Vice-Chairman of the Council;

3) Secretary of the Department of Interior and Local Government (DILG);

4) Secretary of the Department of Science and Technology (DOST);

5) The Director of the Bureau of Fisheries and Aquatic Resources (BFAR);

6) The Director-General of the National Economic Development Authority (NEDA);

7) The Director of the Forest Management Bureau (FMB) of the DENR;

8) The Administrator of the National Mapping and Resources Information Authority (NAMRIA);

9) One (1) representative from the academic institution to be appointed by the President of the Philippines;

10) One (1) representative from the research institutions conducting researches on sustainable mangrove forest management to be appointed by the President of the Philippines;

11) One (1) representative from the non-government organizations (NGOs) conducting programs on sustainable mangrove forest management to be appointed by the President of the Philippines;

SEC. 7. Powers and Functions of the National Council. - The National Council shall have the following powers and functions:

1) To prepare a comprehensive program for the preservation of the mangrove forest. For this purpose, it shall conduct studies on the system and the mode of preservation of the mangrove forest;

2) To identify and delineate the boundaries of the coastal areas which shall from part of the mangrove reservation areas;

3) To exercise control and supervision over all the local councils;

4) To promulgate the necessary rules and regulations necessary to carry out the provisions of this Act.

SEC. 8. The Local Council for the Preservation of Mangrove Forests. - There shall be established a Local Council for the Preservation of Mangrove Forests hereinafter referred to as the local councils for each of the municipality where a reservation area has been identified. The Local Councils shall be composed of a Regional Executive Director and the following members: a representative of the municipal government concerned; a representative of the municipal government concerned; a representative from each of the barangay under whose territory the reservation area is located; a representative from an accredited non-governmental organization (NGO); and a representative from the private sector.

The Regional Executive Director shall be appointed by the National council for the Preservation of Mangrove Forests and shall act as the Chairman of the Local Council.

SEC. 9. Powers and Functions of the Local Councils for the Preservation of Mangrove Forests. - The Local Councils for the Preservation of Mangrove Forests, hereinafter referred to as the "Local Councils", shall have the following powers and functions:

1) To implement and enforce all the programs and policies laid down by the National Council for the Preservation of Mangrove Forests;

2) To carry out the general administration and day to day planning of the program;

3) To secure the reservation area from illegal and destructive activities which would endanger the successful implementation and viability of the program;

4) Other powers and functions as may be designated by the National Council.

In the exercise of this function, the Local Council and the local government, under whose jurisdiction the reservation area is located, shall employ the services of forest guards who shall be tasked with the responsibility to guard and police the areas. They shall have the authority to make arrests against those caught violating the provisions of this Act and the rules and regulations issued pursuant thereto.

In the event that any of the forest guards are found to be guilty of nonfeasance, misfeasance or malfeasance, the forest guards concerned together with the Officials of the Local Council and the Local Government, by virtue of the principle of command responsibility, shall be held for such violations and shall be prosecuted in accordance with the provisions of Section 9 of this Act, without prejudice to any criminal and/or civil liabilities provided for under existing laws of the country.

SEC. 10. Prohibited Acts. - The following acts are hereby prohibited:

(a) Destruction, cutting or uprooting of the mangrove trees within the reservation areas;

(b) Dumping of waste

(c) Construction or reclamation within the jurisdiction of the reservation areas without the necessary license, permit or authority;

(d) Illegal fishing activities which will result to the damage and destruction of the reservation areas;

(e) Other acts or activities which will result to the damage and/or destruction of the reservation areas.

SEC. 11. Penalties. - Any person or entity found guilty of violating any provisions of this Act, or any of the rules and regulations issued by the National Council, shall, after due notice and public hearing by the regular courts of competent jurisdiction, be fined in the amount not less than Fifty Thousand Pesos (Php 50,000.00) but not more than One Million Pesos (Php 1,000,000.00), or imprisonment for not less than one (1) year but not more than six (6) years, or both, at the discretion of the Court: Provided, That if the area requires rehabilitation or restoration as determined by the Court, the offender shall also be required to restore or compensate for the restoration of the damage.

If the offender is an association or corporation, the president, manager or the person who has direct knowledge over the offense shall be held liable under this Act.

SEC. 12. Repealing Clause. - All laws, presidential decrees, executive orders, proclamations, rules and regulations which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 13. Separability Clause. - If, for any reason, any section or provision of this Act shall be held unconstitutional or invalid, the other section or provision not otherwise affected shall remain valid.

SEC. 14. Effectivity Clause. - This Act shall take effect fifteen (15) days from its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,

NOTE: CONSOLIDATED INTO HB#4359