Republic of the
First Regular Session
HOUSE BILL NO. 2434
REPRESENTATIVE EDWIN C. UY
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.
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.
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.
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.
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.
measure also penalize the destruction and cutting mangrove trees, as well as
dumping waste products within the reservation areas.
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
In view of the
foregoing concerns, the early approval of this bill is being earnestly sought.
HON. EDWIN C.
2nd District of
Republic of the
First Regular Session
HOUSE BILL NO. 2434
REPRESENTATIVE EDWIN C. UY
PROVIDING FOR THE
PRESERVATION, REFORESTATION, AFFORESTATION AND SUSTAINABLE DEVELOPMENT OF THE
MANGROVE FORESTS IN THE PHILIPPINES, PROVIDING PENALTIES THEREFOR, AND FOR THE
Be it enacted by
the Senate and the House of Representatives of the Philippines in Congress
SECTION 1. Short
Title. - This Act shall be known as the "National Protection and
Preservation of Mangrove Forest Act of 2001."
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.
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
Coastal Areas - shall refer to portions of land which border the sea;
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;
Reservation Areas - shall refer to coastal areas which have been set aside
exclusively for reforestation, afforestation, conservation and preservation
Reforestation - shall refer to the planting of mangrove trees along the denuded
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.
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.
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
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
4) Secretary of the Department of Science and Technology (DOST);
5) The Director of the Bureau of Fisheries and Aquatic Resources
6) The Director-General of the National Economic Development
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.
Executive Director shall be appointed by the National council for the
Preservation of Mangrove Forests and shall act as the Chairman of the Local
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
1) To implement and enforce all the programs and
policies laid down by the National Council for the Preservation of Mangrove
2) To carry out the general administration and day to day planning of
3) To secure the reservation area from illegal and destructive
activities which would endanger the successful implementation and viability of
4) Other powers and functions as may be designated by the National
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
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.
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.
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.
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.
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.
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
CONSOLIDATED INTO HB#4359