NATIONAL LAWS ON URBAN REVITALIZATION AND

ITS ZONING ORDINANCES

National Laws on Urban Revitalization

1. Republic Act No. 7279 (Urban Development and Housing Act of 1992 - UDHA)

o The main law governing urban renewal, housing, and resettlement in the
Philippines.

o Provides mechanisms for slum upgrading, land acquisition, and socialized housing
programs.

2. Republic Act No. 7160 (Local Government Code of 1991)

o Empowers local government units (LGUs) to regulate land use, zoning, and urban
renewal projects.

o LGUs can pass ordinances related to urban revitalization, infrastructure, and

community development.

3. Republic Act No. 9729 (Climate Change Act of 2009)

o Mandates climate-responsive urban planning and development.

o Requires LGUs to integrate climate change adaptation into their urban renewal
plans.

4. Republic Act No. 8749 (Philippine Clean Air Act of 1999)

o Regulates pollution and promotes sustainable urban environments.

o Affects revitalization by requiring green spaces and eco-friendly urban designs.

5. Republic Act No. 11038 (Expanded National Integrated Protected Areas System Act of
2018)

o Protects urban green spaces and natural environments within cities.

o Relevant for urban renewal projects incorporating parks and open spaces.

6. Republic Act No. 11517 (Authorizing the President to Expedite Processing of Permits for
Infrastructure Projects, 2020)

o Streamlines government approvals for urban redevelopment and infrastructure

projects.

REPUBLIC ACT NO. 7279

AN ACT TO PROVIDE FOR A COMPREHENSIVE AND CONTINUING URBAN
DEVELOPMENT AND HOUSING PROGRAM, ESTABLISH THE MECHANISM FOR
ITS IMPLEMENTATION, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
ARTICLE I
TITLE, POLICY, PROGRAM AND DEFINITION OF
TERMS
SECTION 1. Title. – This Act shall be known as the “Urban Development and Housing Act of
1992.”
SEC. 2. Declaration of State Policy and Program Objectives. – It shall be the policy of the State
to undertake, in cooperation with the private sector, a comprehensive and continuing Urban
Development and Housing Program, hereinafter referred to as the Program, which shall:
(a) Uplift the conditions of the underprivileged and homeless citizens in urban areas and in
resettlement areas by making available to them decent housing at affordable cost, basic services,
and employment opportunities;
(b) Provide for the rational use and development of urban land in order to bring about the
following:
(1) Equitable utilization of residential lands in urban and urbanizable areas with particular
attention to the needs and requirements of the underprivileged and homeless citizens and not
merely on the basis of market forces;
(2) Optimization of the use and productivity of land and urban resources;
(3) Development of urban areas conducive to commercial and industrial activities which can
generate more economic opportunities for the people;
(4) Reduction in urban dysfunctions, particularly those that adversely affect public health, safety
and ecology; and
(5) Access to land and housing by the underprivileged and homeless citizens;
(c) Adopt workable policies to regulate and direct urban growth and expansion towards a
dispersed urban net and more balanced urban-rural interdependence;
(d) Provide for an equitable land tenure system that shall guarantee security of tenure to Program
beneficiaries but shall respect the rights of small property owners and ensure the payment of just
compensation;
(e) Encourage more effective people’s participation in the urban development process; and
(f) Improve the capability of local government units in undertaking urban development and
housing programs and projects.
SEC. 3. Definition of Terms. – For purposes of this Act:
(a) “Affordable cost” refers to the most reasonable price of land and shelter based on the needs
and financial capability of Program beneficiaries and appropriate financing schemes;
(b) “Areas for priority development” refers to those areas declared as such under existing statutes
and pertinent executive issuances;
(c) “Blighted lands” refers to the areas where the structures are dilapidated, obsolete and
unsanitary, tending to depreciate the value of the land and prevent normal development and use
of the area.
(d) “Consultation” refers to the constitutionally mandated process whereby the public, on their
own or through people’s organizations, is provided an opportunity to be heard and to participate
in the decision-making process on matters involving the protection and promotion of its
legitimate collective interests, which shall include appropriate documentation and feedback
mechanisms;
(e) “Idle lands” refers to nonagricultural lands urban and urbanized areas on which no
improvements, as herein defined, have been made by the owner, as certified by the city,
municipal or provincial assessor;
(f) “Improvements” refers to all types of buildings and residential units, walls, fences, structures
or constructions of all kinds of a fixed character or which are adhered to the soil but shall not
include trees, plants and growing fruits, and other fixtures that are mere superimpositions on the
land, and the value of improvements shall not be less than fifty percent (50%) of the assessed
value of the property;
(g) “Joint venture” refers to the commitment or agreement by two (2) or more persons to carry
out a specific or single business enterprise for their mutual benefit, for which purpose they
combine their funds, land resources, facilities and services;
(h) “Land assembly or consolidation” refers to the acquisition of lots of varying ownership
through purchase or expropriation for the purpose of planned and rational development and
socialized housing programs without individual property boundary restrictions;
(i) “Land banking” refers to the acquisition of land at values based on existing use in advance of
actual need to promote planned development and socialized housing programs;
(j) “Land swapping” refers to the process of land acquisition by exchanging land for another
piece of land of equal value, or for shares of stock in a government or quasi-government
corporation whose book value is of equal value to the land being exchanged, for the purpose of
planned and rational development and provision for socialized housing where land values are
determined based on land classification, market value and assessed value taken from existing tax
declarations: Provided, That more valuable lands owned by private persons may be exchanged
with less valuable lands to carry out the objectives of this Act;
(k) “Land use plan” refers to the rational approach of allocating available land resources as
equitably as possible among competing user groups and for different functions consistent with
the development plan of the area and the Program under this Act;
(l) “On-site development” refers to the process of upgrading and rehabilitation of blighted and
slum urban areas with a view of minimizing displacement of dwellers in said areas, and with
provisions for basic services as provided for in Section 21 hereof;
(m) “Professional squatters” refers to individuals or groups who occupy lands without the
express consent of the landowner and who have sufficient income for legitimate housing. The
term shall also apply to persons who have previously been awarded home lots or housing units
by the government but who sold, leased or transferred the same to settle illegally in the same
place or in another urban area, and non bona fide occupants and intruders of lands reserved for
socialized housing. The term shall not apply to individuals or groups who simply rent land and
housing from professional squatters or squatting syndicates;
(n) “Resettlement areas” refers to areas identified by the appropriate national agency or by the
local government unit with respect to areas within its jurisdiction, which shall be used for the
relocation of the underprivileged and homeless citizens;
(o) “Security of tenure” refers to the degree of protection afforded to qualified Program
beneficiaries against infringement or unjust, reasonable and arbitrary eviction or disposition, by
virtue of the right of ownership, lease agreement, usufruct and other contractual arrangements;
(p) “Slum Improvement and Resettlement Program or SIR” refers to the program of the National
Housing Authority of upgrading and improving blighted squatter areas outside of Metro Manila
pursuant to existing statutes and pertinent executive issuances;
(q) “Small property owners” refers to those whose only real property consists of residential lands
not exceeding three hundred square meters (300 sq. m.) in highly urbanized cities and eight
hundred square meters (800 sq. m.) in other urban areas;
(r) “Socialized housing” refers to housing programs and projects covering houses and lots or
home lots only undertaken by the government or the private sector for the underprivileged and
homeless citizens which shall include sites and services development, long-term financing,
liberalized terms on interest payments, and such other benefits in accordance with the provisions
of this Act;
(s) “Squatting syndicates” refers to groups of persons engaged in the business of squatter housing
for profit or gain;
(t) “Underprivileged and homeless citizens” refers to the beneficiaries of this Act and to
individuals or families residing in urban and urbanizable areas whose income or combined
household income falls within the poverty threshold as defined by the National Economic and
Development Authority and who do not own housing facilities. This shall include those who live
in makeshift dwelling units and do not enjoy security of tenure;
(u) “Unregistered or abandoned lands” refers to lands in urban and urbanizable areas which are
not registered with the Register of Deeds, or with the city or municipal assessor’s office
concerned, or which are uninhabited by the owner and have not been developed or devoted for
any useful purpose, or appears unutilized for a period of three (3) consecutive years immediately
prior to the issuance and receipt or publication of notice of acquisition by the government as
provided under this Act. It does not include land which has been abandoned by reason of force
majeure or any other fortuitous event: Provided, That prior to such event, such land was
previously used for some useful or economic purpose;
(v) “Urban areas” refers to all cities regardless of their population density and to municipalities
with a population density of at least five hundred (500) persons per square kilometer;
(w) “Urbanizable areas” refers to sites and lands which, considering present characteristics and
prevailing conditions, display marked and great potential of becoming urban areas within the
period of five (5) years; and
(x) “Zonal Improvement Program or ZIP” refers to the program of the National Housing
Authority of upgrading and improving blighted squatters areas within the cities and
municipalities of Metro Manila pursuant to existing statutes and pertinent executive issuances.
ARTICLE II
COVERAGE AND EXEMPTIONS
SEC. 4. Coverage. – The Program shall cover all lands in urban and urbanizable areas, including
existing areas for priority development, zonal improvement sites, slum improvement and
resettlement sites, and in other areas that may be identified by the local government units as
suitable for socialized housing.
SEC. 5. Exemptions. – The following lands shall be exempt from the coverage of this Act:
(a) Those included in the coverage of Republic Act No. 6657, otherwise known as the
Comprehensive Agrarian Reform Law;
(b) Those actually used for national defense and security of the State;
(c) Those used, reserved or otherwise set aside for government offices, facilities and other
installations, whether owned by the national government, its agencies and instrumentalities,
including government-owned or -controlled corporations, or by the local government
units: Provided, however, That the lands herein mentioned, or portions thereof, which have not
been used for the purpose for which they have been reserved or set aside for the past ten (10)
years from the effectivity of this Act, shall be covered by this Act;
(d) Those used or set aside for parks, reserves for flora and fauna, forests and watersheds, and
other areas necessary to maintain ecological balance or environmental protection, as determined
and certified to by the proper government agency; and
(e) Those actually and primarily used for religious, charitable, or educational purposes, cultural
and historical sites, hospitals and health centers, and cemeteries or memorial parks.
The exemptions herein provided shall not apply when the use or purpose of the abovementioned
lands has ceased to exist.
ARTICLE III
NATIONAL URBAN DEVELOPMENT AND HOUSING
FRAMEWORK
SEC. 6. Framework for Rational Development. – There shall be a National Urban Development
and Housing Framework to be formulated by the Housing and Land Use Regulatory Board under
the direction of the Housing and Urban Development Coordinating Council in coordination with
all local government units and other concerned public and private sectors within one (1) year
from the effectivity of this Act.
The Framework shall refer to the comprehensive plan for urban and urbanizable areas aimed at
achieving the objectives of the Program. In the formulation of the Framework, a review and
rationalization of existing town and land use plans, housing programs, and all other projects and
activities of government agencies and the private sectors which may substantially affect urban
land use patterns, transportation and public utilities, infrastructure, environment and population
movements shall be undertaken with the concurrence of the local government units concerned.
ARTICLE IV
LAND USE, INVENTORY, ACQUISITION AND
DISPOSITION
SEC. 7. Inventory of Lands. – Within one (1) year from the effectivity of this Act, all city and
municipal governments shall conduct an inventory of all lands and improvements thereon within
their respective localities. The inventory shall include the following:
(a) Residential lands;
(b) Government-owned lands, whether owned by the national government or any of its
subdivisions, instrumentalities, or agencies, including government-owned or -controlled
corporations and their subsidiaries;
(c) Unregistered or abandoned and idle lands; and
(d) Other lands.
In conducting the inventory, the local government units concerned, in coordination with the
Housing and Land Use Regulatory Board and with the assistance of the appropriate government
agencies, shall indicate the type of land use and the degree of land utilization, and other data or
information necessary to carry out the purposes of this Act.
For planning purposes, the Housing and Urban Development Coordinating Council shall be
furnished by each local government unit a copy of its inventory which shall be updated every
three (3) years.
SEC. 8. Identification of Sites for Socialized Housing. – After the inventory, the local
government units, in coordination with the National Housing Authority, the Housing and Land
Use Regulatory Board, the National Mapping Resource Information Authority, and the Land
Management Bureau, shall identify lands for socialized housing and resettlement areas for the
immediate and future needs of the underprivileged and homeless in the urban areas, taking into
consideration the degree of availability of basic services and facilities, their accessibility and
proximity of job sites and other economic opportunities, and the actual number of registered
beneficiaries.
Government-owned lands under paragraph (b) of the preceding section which have not been used
for the purpose for which they have been reserved or set aside for the past ten (10) years from the
effectivity of this Act and identified as suitable for socialized housing, shall immediately be
transferred to the National Housing Authority subject to the approval of the President of the
Philippines or by the local government unit concerned, as the case may be, for proper disposition
in accordance with this Act.
SEC. 9. Priorities in the Acquisition of Land. – Lands for socialized housing shall be acquired in
the following order:
(a) Those owned by the government or any of its subdivisions, instrumentalities, or agencies,
including government-owned or -controlled corporations and their subsidiaries;
(b) Alienable lands of the public domain;
(c) Unregistered or abandoned and idle lands;
(d) Those within the declared Areas for Priority Development, Zonal Improvement Program
sites, and Slum Improvement and Resettlement Program sites which have not yet been acquired;
(e) Bagong Lipunan Improvement of Sites and Services or BLISS sites which have not yet been
acquired; and
(f) Privately-owned lands.
Where on-site development is found more practicable and advantageous to the beneficiaries, the
priorities mentioned in this section shall not apply. The local government units shall give
budgetary priority to on-site development of government lands.
SEC. 10. Modes of Land Acquisition. – The modes of acquiring lands for purposes of this Act
shall include, among others, community mortgage, land swapping, land assembly or
consolidation, land banking, donation to the government, joint-venture agreement, negotiated
purchase, and expropriation: Provided, however, That expropriation shall be resorted to only
when other modes of acquisition have been exhausted: Provided, further, That where
expropriation is resorted to, parcels of land owned by small property owners shall be exempted
for purposes of this Act: Provided, finally, That abandoned property, as herein defined, shall be
reverted and escheated to the State in a proceeding analogous to the procedure laid down in Rule
91 of the Rules of Court.
For the purpose of socialized housing, government-owned and foreclosed properties shall be
acquired by the local government units, or by the National Housing Authority primary through
negotiated purchase: Provided, That qualified beneficiaries who are actual occupants of the land
shall be given the right of first refusal.
SEC. 11. Expropriation of Idle Lands. – All idle lands in urban and urbanizable areas, as defined
and identified in accordance with this Act, shall be expropriated and shall form part of the public
domain. These lands shall be disposed of or utilized by the government for such purposes that
conform with their land use plans. Expropriation proceedings shall be instituted if, after the lapse
of one (1) year following receipt of notice of acquisition, the owner fails to introduce
improvements as defined in Section 3(f) hereof, except in the case of force majeure and other
fortuitous events. Exempted from this provision, however, are residential lands owned by small
property owners or those the ownership of which is subject of a pending litigation.
SEC. 12. Disposition of Lands for Socialized Housing. – The National Housing Authority, with
respect to lands belonging to the national government, and the local government units with
respect to other lands within their respective localities, shall coordinate with each other to
formulate and make available various alternative schemes for the disposition of lands to the
beneficiaries of the Program. These schemes shall not be limited to those involving transfer of
ownership in fee simple but shall include lease, with option to purchase, usufruct or such other
variations as the local government units or the National Housing Authority may deem most
expedient in carrying out the purposes of this Act.
Consistent with this provision, a scheme for public rental housing may be adopted.
SEC. 13. Valuation of Lands for Socialized Housing. – Equitable land valuation guidelines for
socialized housing shall be set by the Department of Finance on the basis of the market value
reflected in the zonal valuation, or in its absence, on the latest real property tax declaration.
For sites already occupied by qualified Program beneficiaries, the Department of Finance shall
factor into the valuation the blighted status of the lands as certified by the local government unit
or the National Housing Authority.
SEC. 14. Limitations on the Disposition of Lands for Socialized Housing. – No land for
socialized housing, including improvements or rights thereon, shall be sold, alienated, conveyed,
encumbered or leased by any beneficiary of this Program except to qualified Program
beneficiaries as determined by the government agency concerned.
Should the beneficiary unlawfully sell, transfer, or otherwise dispose of his lot or any right
thereon, the transaction shall be null and void. He shall also lose his right to the land, forfeit the
total amortization paid thereon, and shall be barred from the benefits under this Act for a period
of ten (10) years from the date of violation.
In the event the beneficiary dies before full ownership of the land is vested on him, transfer to his
heirs shall take place only upon their assumption of his outstanding obligations. In case of failure
by the heirs to assume such obligations, the land shall revert to the government for disposition in
accordance with this Act.
ARTICLE V
SOCIALIZED HOUSING
SEC. 15. Policy. – Socialized housing, as defined in Section 3 hereof, shall be the primary
strategy in providing shelter for the underprivileged and homeless. However, if the tenurial
arrangement in a particular socialized housing program is in the nature of leasehold or usufruct,
the same shall be transitory and the beneficiaries must be encouraged to become independent
from the Program within a given period of time, to be determined by the implementing agency
concerned.
SEC. 16. Eligibility Criteria for Socialized Housing Program Beneficiaries. – To qualify for the
socialized housing program, a beneficiary:
(a) Must be a Filipino citizen;
(b) Must be an underprivileged and homeless citizen, as defined in Section 3 of this Act;
(c) Must not own any real property whether in the urban or rural areas; and
(d) Must not be a professional squatter or a member of squatting syndicates.
SEC. 17. Registration of Socialized Housing Beneficiaries. – The Housing and Urban
Development Coordinating Council, in coordination with the local government units, shall
design a system for the registration of qualified Program beneficiaries in accordance with the
Framework. The local government units, within one (1) year from the effectivity of this Act,
shall identify and register all beneficiaries within their respective localities.
SEC. 18. Balanced Housing Development. – The Program shall include a system to be specified
in the Framework plan whereby developers of proposed subdivision projects shall be required to
develop an area for socialized housing equivalent to at least twenty percent (20%) of the total
subdivision area or total subdivision project cost, at the option of the developer, within the same
city or municipality, whenever feasible, and in accordance with the standards set by the Housing
and Land Use Regulatory Board and other existing laws. The balanced housing development as
herein required may also be complied with by the developers concerned in any of the following
manner:
(a) Development of new settlement;
(b) Slum upgrading or renewal of areas for priority development either through zonal
improvement programs or slum improvement and resettlement programs;
(c) Joint-venture projects with either the local government units or any of the housing agencies;
or
(d) Participation in the community mortgage program.
SEC. 19. Incentives for the National Housing Authority. – The National Housing Authority,
being the primary government agency in charge of providing housing for the underprivileged and
homeless, shall be exempted from the payment of all fees and charges of any kind, whether local
or national, such as income and real estate taxes. All documents or contracts executed by and in
favor of the National Housing Authority shall also be exempt from the payment of documentary
stamp tax and registration fees, including fees required for the issuance of transfer certificates of
titles.
SEC. 20. Incentives for Private Sector Participating in Socialized Housing. – To encourage
greater private sector participation in socialized housing and further reduce the cost of housing
units for the benefit of the underprivileged and homeless, the following incentives shall be
extended to the private sector:
(a) Reduction and simplification of qualification and accreditation requirements for participating
private developers;
(b) Creation of one-stop offices in the different regions of the country for the processing,
approval and issuance of clearances, permits and licenses: Provided, That clearances, permits
and licenses shall be issued within ninety (90) days from the date of submission of all
requirements by the participating private developers;
(c) Simplification of financing procedures; and
(d) Exemption from the payment of the following:
(1) Project-related income taxes;
(2) Capital gains tax on raw lands used for the project;
(3) Value-added tax for the project contractor concerned;
(4) Transfer tax for both raw completed projects; and
(5) Donor’s tax for lands certified by the local government units to have been donated for
socialized housing purposes. Provided, That upon application for exemption, a lien on the title of
the land shall be annotated by the Register of Deeds: Provided, further, That the socialized
housing development plan has already been approved by the appropriate government agencies
concerned: Provided, finally, That all the savings acquired by virtue of this provision shall accrue
in favor of the beneficiaries subject to the implementing guidelines to be issued by the Housing
and Urban Development Coordinating Council.
Appropriate implementing guidelines shall be prepared by the Department of Finance, in
consultation with the Housing and Urban Development Coordinating Council, for the proper
implementation of the tax exemption mentioned in this section within one (1) year after the
approval of this Act.
Property owners who voluntarily provide resettlement sites to illegal occupants of their lands
shall be entitled to a tax credit equivalent to the actual nonrecoverable expenses incurred in the
resettlement, subject to the implementing guidelines jointly issued by the Housing and Urban
Development Coordinating Council and the Department of Finance.
SEC. 21. Basic Services. – Socialized housing or resettlement areas shall be provided by the
local government unit or the National Housing Authority in cooperation with the private
developers and concerned agencies with the following basic services and facilities:
(a) Potable water;
(b) Power and electricity and an adequate power distribution system;
(c) Sewerage facilities and an efficient and adequate solid waste disposal system; and
(d) Access to primary roads and transportation facilities.
The provisions of other basic services and facilities such as health, education, communications,
security, recreation, relief and welfare shall be planned and shall be given priority for
implementation by the local government unit and concerned agencies in cooperation with the
private sector and the beneficiaries themselves.
The local government unit, in coordination with the concerned national agencies, shall ensure
that these basic services are provided at the most cost-efficient rates, and shall set a mechanism
to coordinate operationally the thrusts, objectives and activities of other government agencies
concerned with providing basic services to housing projects.
SEC. 22. Livelihood Component. – To the extent feasible, socialized housing and resettlement
projects shall be located near areas where employment opportunities are accessible. The
government agencies dealing with the development of livelihood programs and grant of
livelihood loans shall give priority to the beneficiaries of the Program.
SEC. 23. Participation of Beneficiaries. – The local government units, in coordination with the
Presidential Commission for the Urban Poor and concerned government agencies, shall afford
Program beneficiaries or their duly designated representatives an opportunity to be heard and to
participate in the decision-making process over matters involving the protection and promotion
of their legitimate collective interests which shall include appropriate documentation and
feedback mechanisms. They shall also be encouraged to organize themselves and undertake self-
help cooperative housing and other livelihood activities. They shall assist the government in
preventing the incursions of professional squatters and members of squatting syndicates into
their communities.
In instances when the affected beneficiaries have failed to organize themselves or form an
alliance within a reasonable period prior to the implementation of the program or projects
affecting them, consultation between the implementing agency and the affected beneficiaries
shall be conducted with the assistance of the Presidential Commission for the Urban Poor and the
concerned nongovernment organization.
SEC. 24. Consultation with Private Sector. – Opportunities for adequate consultation shall be
accorded to the private sector involved in socialized housing project pursuant to this Act.
ARTICLE VI
AREAS FOR PRIORITY DEVELOPMENT, ZONAL IMPROVEMENT PROGRAM
SITES AND SLUM
IMPROVEMENT AND RESETTLEMENT PROGRAM
SITES
SEC. 25. Benefits. – In addition to the benefits provided under existing laws and other related
issuance to occupants of areas for priority development, zonal improvement program sites and
slum improvement and resettlement program sites, such occupants shall be entitled to priority in
all government projects initiated pursuant to this Act. They shall also be entitled to the following
support services:
(a) Land surveys and titling at minimal cost;
(b) Liberalized terms on credit facilities and housing loans and one hundred percent (100%)
deduction from every homebuyer’s gross income tax of all interest payments made on
documented loans incurred for the construction or purchase of the homebuyer’s house;
(c) Exemption from the payment of documentary stamp tax, registration fees, and other fees for
the issuance of transfer certificate of titles;
(d) Basic services as provided for in Section 21 of this Act; and
(e) Such other benefits that may arise from the implementation of this Act.
ARTICLE VII
URBAN RENEWAL AND RESETTLEMENT
SEC. 26. Urban Renewal and Resettlement. – This shall include the rehabilitation and
development of blighted and slum areas and the resettlement of Program beneficiaries in
accordance with the provisions of this Act. On-site development shall be implemented whenever
possible in order to ensure minimum movement of occupants of blighted lands and slum areas.
The resettlement of the beneficiaries of the Program from their existing places of occupancy
shall be undertaken only when on-site development is not feasible and after compliance with the
procedures laid down in Section 28 of this Act.
SEC. 27. Action Against Professional Squatters and Squatting Syndicates. – The local
government units, in cooperation with the Philippine National Police, the Presidential
Commission for the Urban Poor (PCUP), and the PCUP-accredited urban poor organization in
the area, shall adopt measures to identify and effectively curtail the nefarious and illegal
activities of professional squatters and squatting syndicates, as herein defined.
Any person or group identified as such shall be summarily evicted and their dwellings or
structures demolished, and shall be disqualified to avail of the benefits of the Program. A public
official who tolerates or abets the commission of the abovementioned acts shall be dealt with in
accordance with existing laws.
For purposes of this Act, professional squatters or members of squatting syndicates shall be
imposed the penalty of six (6) years imprisonment or a fine of not less than Sixty thousand pesos
(P60,000.00) but not more than One hundred thousand pesos (P100,000), or both, at the
discretion of the court.
SEC. 28. Eviction and Demolition. – Eviction or demolition as a practice shall be discouraged.
Eviction or demolition, however, may be allowed under the following situations:
(a) When persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps,
riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks, and
playgrounds;
(b) When government infrastructure projects with available funding are about to be
implemented; or
(c) When there is a court order for eviction and demolition.
In the execution of eviction or demolition orders involving underprivileged and homeless
citizens, the following shall be mandatory:
(1) Notice upon the affected persons or entities at least thirty (30) days prior to the date of
eviction or demolition;
(2) Adequate consultations on the matter of resettlement with the duly designated representatives
of the families to be resettled and the affected communities in the areas where they are to be
relocated;
(3) Presence of local government officials or their representatives during eviction or demolition;
(4) Proper identification of all persons taking part in the demolition;
(5) Execution of eviction or demolition only during regular office hours from Mondays to
Fridays and during good weather, unless the affected families consent otherwise;
(6) No use of heavy equipment for demolition except for structures that are permanent and of
concrete materials;
(7) Proper uniforms for members of the Philippine National Police who shall occupy the first line
of law enforcement and observe proper disturbance control procedures; and
(8) Adequate relocation, whether temporary or permanent: Provided, however, That in cases of
eviction and demolition pursuant to a court order involving underprivileged and homeless
citizens, relocation shall be undertaken by the local government unit concerned and the National
Housing Authority with the assistance of other government agencies within forty-five (45) days
from service of notice of final judgment by the court, after which period the said order shall be
executed: Provided, further, That should relocation not be possible within the said period,
financial assistance in the amount equivalent to the prevailing minimum daily wage multiplied
by sixty (60) days shall be extended to the affected families by the local government unit
concerned.
This Department of the Interior and Local Government and the Housing and Urban Development
Coordinating Council shall jointly promulgate the necessary rules and regulations to carry out
the above provision.
SEC. 29. Resettlement. – Within two (2) years from the effectivity of this Act, the local
government units, in coordination with the National Housing Authority, shall implement the
relocation and resettlement of persons living in danger areas such as esteros, railroad tracks,
garbage dumps, riverbanks, shorelines, waterways, and in other public places such as sidewalks,
roads, parks, and playgrounds. The local government unit, in coordination with the National
Housing Authority, shall provide relocation or resettlement sites with basic services and facilities
and access to employment and livelihood opportunities sufficient to meet the basic needs of the
affected families.
SEC. 30. Prohibition Against New Illegal Structures. – It shall be unlawful for any person to
construct any structure in areas mentioned in the preceding section.
After the effectivity of this Act, the barangay, municipal or city government units shall prevent
the construction of any kind of illegal dwelling units or structures within their respective
localities. The head of any local government unit concerned who allows, abets or otherwise
tolerates the construction of any structure in violation of this section shall be liable to
administrative sanctions under existing laws and to penal sanctions provided for in this Act.

ARTICLE VIII
COMMUNITY MORTGAGE PROGRAM
SEC. 31. Definition. – The Community Mortgage Program (CMP) is a mortgage financing
program of the National Home Mortgage Finance Corporation which assists legally organized
associations of underprivileged and homeless citizens to purchase and develop a tract of land
under the concept of community ownership. The primary objective of the program is to assist
residents of blighted or depressed areas to own the lots they occupy, or where they choose to
relocate to, and eventually improve their neighborhood and homes to the extent of their
affordability.
SEC. 32. Incentives. – To encourage its wider implementation, participants in the CMP shall be
granted with the following privileges or incentives:
(a) Government-owned or -controlled corporations and local government units, may dispose of
their idle lands suitable for socialized housing under the CMP through negotiated sale at prices
based on acquisition cost plus financial carrying costs;
(b) Properties sold under the CMP shall be exempted from the capital gains tax; and
(c) Beneficiaries under the CMP shall not be evicted nor dispossessed of their lands or
improvements unless they have incurred arrearages in payments of amortizations for three (3)
months.
SEC. 33. Organization of Beneficiaries. – Beneficiaries of the Program shall be responsible for
their organization into associations to manage their subdivisions or places of residence, to secure
housing loans under existing Community Mortgage Program and such other projects beneficial
to them. Subject to such rules and regulations to be promulgated by the National Home Mortgage
Finance Corporation, associations organized pursuant to this Act may collectively acquire and
own lands covered by this Program. Where the beneficiaries fail to form an association by and
among themselves, the National Home Mortgage Finance Corporation shall initiate the
organization of the same in coordination with the Presidential Commission for the Urban Poor
and the local government units concerned. No person who is not a bona fide resident of the area
shall be a member or officer of such association.
ARTICLE IX
RELATED STRATEGIES
SEC. 34. Promotion of Indigenous Housing Materials and Technologies. – The local government
units, in cooperation with the National Housing Authority, Technology and Livelihood Resource
Center, and other concerned agencies, shall promote the production and use of indigenous,
alternative, and low-cost construction materials and technologies for socialized housing.
SEC. 35. Transport System. – The local government units, in coordination with the Departments
of Transportation and Communications, Budget and Management, Trade and Industry, Finance,
and Public Works and Highways, the Home Insurance Guaranty Corporation, and other
concerned government agencies, shall devise a set of mechanisms including incentives to the
private sector so that a viable transport system shall evolve and develop in the urban areas. It
shall also formulate standards designed to attain these objectives:
(a) Smooth flow of traffic;
(b) Safety and convenience of travel;
(c) Minimum use of land space;
(d) Minimum damage to the physical environment; and
(e) Adequate and efficient transport service to the people and goods at minimum cost.
SEC. 36. Ecological Balance. – The local government units shall coordinate with the
Department of Environment and Natural Resources in taking measures that will plan and
regulate urban activities for the conservation and protection of vital, unique and sensitive
ecosystems, scenic landscapes, cultural sites and other similar resource areas.
To make the implementation of this function more effective, the active participation of the
citizenry in environmental rehabilitation and in decision-making process shall be promoted and
encouraged. The local government units shall recommend to the Environmental and
Management Bureau the immediate closure of factories, mines and transport companies which
are found to be causing massive pollution.
SEC. 37. Population Movements. – The local government units shall set up an effective
mechanism, together with the appropriate agencies like the Population Commission, the National
Economic and Development Authority and the National Statistics Office, to monitor trends in the
movements of population from rural to urban, urban to urban, and urban to rural areas. They
shall identify measures by which such movements can be influenced to achieve balance between
urban capabilities and population, to direct appropriate segments of the population into areas
where they can have access to opportunities to improve their lives and to contribute to national
growth and recommend proposed legislation to Congress, if necessary.
The Population Commission, the National Economic and Development Authority, and the
National Statistics Office shall likewise provide advanced planning information to national and
local government planners on population projections and the consequent level of services needed
in particular urban and urbanizable areas. This service will include early-warning systems on
expected dysfunctions in a particular urban area due to population increases, decreases, or age
structure changes.
SEC. 38. Urban-rural Interdependence. – To minimize rural to urban migration and pursue
urban decentralization, the local government units shall coordinate with the National Economic
and Development Authority and other government agencies in the formulation of national
development programs that will stimulate economic growth and promote socioeconomic
development in the countryside.
ARTICLE X
PROGRAM IMPLEMENTATION
SEC. 39. Role of Local Government Units. – The local government units shall be charged with
the implementation of this Act in their respective localities, in coordination with the Housing and
Urban Development Coordinating Council, the national housing agencies, the Presidential
Commission for the Urban Poor, the private sector and other nongovernment organizations.
They shall prepare a comprehensive land use plan for their respective localities in accordance
with the provisions of this Act.
SEC. 40. Role of Government Housing Agencies. – In addition to their respective existing
powers and functions, and those provided for in this Act, the hereunder mentioned housing
agencies shall perform the following:
(a) The Housing and Urban Development Coordinating Council shall, through the key housing
agencies, provide local government units with necessary support such as:
(1) Formulation of standards and guidelines as well as providing technical support in the
preparation of town and land use plans;
(2) In coordination with the National Economic and Development Authority and the National
Statistics Office, provide data and information for forward-planning by the local government
units in their areas, particularly on projections as to the population and development trends in
their localities and the corresponding investment programs needed to provide appropriate types
and levels of infrastructure, utilities, services and land use patterns; and
(3) Assistance in obtaining funds and other resources needed in the urban development and
housing programs in their areas of responsibility.
(b) The National Housing Authority, upon request of local government units, shall provide
technical and other forms of assistance in the implementation of their respective urban
development and housing programs with the objective of augmenting and enhancing local
government capabilities in the provision of housing benefits to their constituents;
(c) The National Home Mortgage Finance Corporation shall administer the Community
Mortgage Program under this Act and promulgate rules and regulations necessary to carry out the
provisions of this Act; and
(d) The Home Insurance Guaranty Corporation shall design an appropriate guarantee scheme to
encourage financial institutions to go into direct lending for housing.
SEC. 41. Annual Report. – The Housing and Urban Development Coordinating Council and the
local government units shall submit a detailed annual report with respect to the implementation
of this Act to the President and the Congress of the Republic of the Philippines.
ARTICLE XI
FUNDING
SEC. 42. Funding. – Funds for the urban development and housing program shall come from the
following sources:
(a) A minimum of fifty percent (50%) from the annual net income of the Public Estate Authority,
to be used by the National Housing Authority to carry out its programs of land acquisition for
resettlement purposes under this Act;
(b) Proceeds from the disposition of ill-gotten wealth, not otherwise previously set aside for any
other purpose, shall be applied to the implementation of this Act and shall be administered by the
National Home Mortgage Finance Corporation;
(c) Loans, grants, bequests and donations, whether from local or foreign sources;
(d) Flotation of bonds, subject to the guidelines to be set by the Monetary Board;
(e) Proceeds from the social housing tax and, subject to the concurrence of the local government
units concerned, idle lands tax as provided in Section 236 of the Local Government Code of
1991 and other existing laws;
(f) Proceeds from the sale or disposition of alienable public lands in urban areas; and
(g) Domestic and foreign investment or financing through appropriate arrangements like the
build-operate-and-transfer scheme.
SEC. 43. Socialized Housing Tax. – Consistent with the constitutional principle that the
ownership and enjoyment of property bear a social function and to raise funds for the Program,
all local government units are hereby authorized to impose an additional one-half percent (0.5%)
tax on the assessed value of all lands in urban areas in excess of Fifty thousand pesos (P50,000).
ARTICLE XII
TRANSITORY PROVISIONS
SEC. 44. Moratorium on Eviction and Demolition. – There shall be a moratorium on the eviction
of all Program beneficiaries and on the demolition of their houses or dwelling units for a period
of three (3) years from the effectivity of this Act: Provided, That the moratorium shall not apply
to those persons who have constructed their structures after the effectivity of this Act and for
cases enumerated in Section 28 hereof.
ARTICLE XIII
COMMON PROVISIONS
SEC. 45. Penalty Clause. – Any person who violates any provision of this Act shall be imposed
the penalty of not more than six (6) years of imprisonment or a fine of not less than Five
thousand pesos (P5,000) but not more than One hundred thousand pesos (P100,000), or both, at
the discretion of the court: Provided, That, if the offender is a corporation, partnership,
association or other juridical entity, the penalty shall be imposed on the officer or officers of said
corporation, partnership, association or juridical entity who caused the violation.
SEC. 46. Appropriations. – The amount necessary to carry out the purposes of this Act shall be
included in the annual budget of implementing agencies in the General Appropriations Act of the
year following its enactment into law and every year thereafter.
SEC. 47. Separability Clause. – If for any reason, any provision of this Act is declared invalid or
unconstitutional, the remaining provisions not affected thereby shall continue to be in full force
and effect.
SEC. 48. Repealing Clause. – All laws, decrees, executive orders, proclamations, rules and
regulations, and other issuances, or parts thereof which are inconsistent with the provisions of
this Act, are hereby repealed or modified accordingly.
SEC. 49. Effectivity Clause. – This Act shall take effect upon its publication in at least two (2)
national newspapers of general circulation.
Approved, March 24, 1992

REPUBLIC ACT NO. 11038, June 22, 2018

AN ACT DECLARING PROTECTED AREAS AND PROVIDING FOR THEIR
MANAGEMENT, AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 7586,
OTHERWISE KNOWN AS THE "NATIONAL INTEGRATED PROTECTED AREAS
SYSTEM (NIPAS) ACT OF 1992" AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Title. - This Act shall be known and referred to as the "Expanded National Integrated
Protected Areas System Act of 2018".
SEC. 2. Section 2 of Republic Act; No. 7586 is hereby amended to read as follows:
"SEC. 2. Declaration of Policy. - Cognizant of the profound impact of human activities on all
components of the natural environment particularly the effect of increasing population, resource
exploitation and industrial advancement, and recognizing the critical importance of protecting
and maintaining the natural, biological, and physical diversities of the environment notably on
areas with biologically unique features to sustain human life and development, as well as plant
and animal life, it in hereby declared the policy of the State to secure for the Filipino people of
present and for future generations, the perpetual existence of all native plants and animals
through the establishment of a comprehensive system of integrated protected areas within the
classification of national park as provided for in the Constitution.
"It is hereby recognized that these areas, although distinct in features, possess common
ecological values that may be incorporated into a holistic plan to conserve and protect our natural
heritage; that effective administration of these areas is possible only through cooperation among
the national government, local governments, concerned nongovernment organizations, private
organizations, and local communities; that the use and enjoyment of these protected areas mu st
be consistent with the principles of biological diversity and sustainable development,
"To this end, there is hereby established a National Integrated Protected Areas System (NIPAS),
which shall encompass ecologically rich and unique areas and biologically important public
lands that are habitats of rare and threatened species of plants and animals, biogeographic zones
and related ecosystems, whether terrestrial, wetland or marine, all of which shall be designated
as 'protected areas'. The System shall recognize conservation areas and the management regimes
being implemented by local government units (LGUs), local communities and indigenous
peoples (IPs).
''The Suite shall ensure the full implementation of this Act, the mobilization of resources for the
institutional mechanisms herein established, and the full scientific and technical support needed
for the conservation of biodiversity and the integrity of the ecosystems, culture and indigenous
practices."
SEC. 3. Section 4 of Republic Act No. 7586 is hereby amended to road as follows:
"SEC. 4. Definition of Terms. - For purposes of this Act, the following terms shall be defined as
follows;
"(a) Biological diversity or biodiversity refers to the variability among living organisms from .'ill
sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological
complexes of which they are part; this includes diversity within species, between species and of
ecosystems,
"(b) Bioprospecting refers to the research, collection, and utilization of biological and genetic
resources for purposes of applying the knowledge derived therefrom solely for commercial
purposes;
"(c) Buffer zones refer to identified areas outside the boundaries of and immediately adjacent to
designated protected areas that need special development control in order to avoid or minimize
harm to the protected area:
"(d) Byproducts or Derivatives refer to parts taken or substances extracted from wildlife, in raw
or in processed form;
"(e) Collecting refers to the act of gathering or harvesting wildlife and its by-products or
derivatives;
"(f) Conveyance refers to every kind of vessel, including motorized or nonmotorized vehicles, no
displacement crafts and seaplanes that are used or m ay be used as a means of transportation on
land or water. It shall include everything found therein, except personal effects:
"(g) Delineation refers to the actual ground survey of the boundaries of protected areas and their
buffer zones and management and management zones using the global positioning system (GPS)
or other applicable survey instruments and technologies with the intention of producing a map of
the area;
"(h) Demarcation refers to the establishment of the boundaries of protected areas and their buffer
zones using visible markers, monuments, buoys in case of marine areas, and known natural
features and landmarks, among others, as a result of the actual ground delineation:
"(i) Ecosystem goods and services refer to the multitude of material and nonmaterial provisions
and benefits from healthy ecosystems necessary for human sustenance we11- bei ng, and s u r v i
v a I including support processes, provisioning and environment regulating services, and cultural
resource preservation services;
"(j) Endemic species refer to the species or subspecies of flora and fauna which are naturally
occurring and found within specific areas in the country:
"(k) Exotic species refer to the species or subspecies of flora and fauna which do not naturally
occur within the protected area at present or in historical time.
"(l) Exploration refers to the act of searching of prospecting for mineral resources, as defined by
law, by geological, geochemical or geophysical surveys, remote sensing, test pitting, trenching,
drilling, shaft sinking, tunneling or any other means, for the purpose of determining the
existence, extent, quantity, and quality of resources in an area, and the feasibility of utilizing
these resources for profit;
"'(m) Gear refers to any instrument or-device and its accessories utilized in taking, catching,,
gathering, killing, hunting, destroying, disturbing, removing, or possessing resources within the
protected area;
"(n) Genetically modified organism (GMO) refers to any living organism that, possesses a novel
combination of genetic material through the- use of modern biotechnology;
"(o) Hunting refers to the killing or catching of wild fauna for food and recreational purposes,
with the use of weapons s such as guns, how and arrow, spears, traps and snares, and the like;
"(p) Indigenous Cultural Community (ICC)/ Indigenous People (IP) refers to a group of people
sharing common bonds of language, customs, traditions, and other distinctive cultural traits, and
who have, since time immemorial occupied, possessed and utilized a territory;
"(q) Integrated Protected Area Fund (IPAF) refers to the special account established for the
purpose of financing projects of the NIPAS and individual protected areas:
"(r) Invasive alien species refer to species introduced deliberately or unintentionally outside their
natural habitats where they have the ability to establish themselves invade, outcompete native
species es, and take over the new environment;
"(s) Kaingin refers to the slash-and-burn cultivation of vegetated land in a protected area,
whether occupied or not, shifting and permanent with little or no provision to prevent soil
erosion:
"(t) Multiple-use zone refers to the area where settlement, traditional and sustainable land use
including agriculture, agroforestry, extraction activities, and income generating or livelihood
activities may be allowed to the extent prescribed in the protected area management plan;
"(u) National Integrated Protected Areas System (NIPAS) refers to the classification and
administration of all designated protected areas to maintain essential, ecological processes and
life-support systems, to preserve genetic diversity, to ensure sustainable use of resources found
therein, and to maintain their natural conditions to the greatest extent possible;
"(v) National park refers to the lands of the public domain classified as such in the Constitution
which include all areas under the NIP AS pursuant to this Act, primarily designated for the
conservation of native plants and animals, their associated habitats and cultural diversity;
"(w) Natural biotic area refers to an area set aside to allow the way of life of societies living in
harmony with the environment to adapt to modern technology at their pace;
"(x) Natural monument refers to a relatively small area focused on the protection of small
features to protect or preserve nationally signific ant natural features on account of their special
interest or unique characteristics;
"(y) Natural park refers to a relatively large area not materially altered by human activity where
extractive resource uses are not allowed and is maintained to protect outstanding natural and
scenic areas of national or international significance for scientific, educational, and recreational
use;
"(z) Occupying refers to a continuous stay of individuals or groups within a protected area,
whether residing or engaging in the cultivation of land or fishing for more than twenty-four (24)
hours;
"(aa) Poaching refers to gathering, collecting, or possessing products? or natural resources from
the protected area by any individual person, corporation or entity whether local or foreign; in the
case of marine protected areas, operating any foreign fishing vessels by any person, corporation,
or entity without a permit:
"(bb) Protected area refers to identified portions of land and/or water set aside by reason of their
unique physical and biological significance, managed to enhance biological diversity and
protected against destructive human exploitation:
"(cc) Protected area occupants refer to person who are residing, utilizing, and cultivating areas
within the protected area. These include private owners, IPs, tenured migrants and informal
settlers;
"(dd) Protected Area Retained Income Account refers to the trust fund maintained by any
protected area and administered by the respective Protected Area Management Boards (PMIB)
created pursuant to this Act representing the seventy-five percent (75%) of revenues generated
from the protected area to support its operation and management;
"(ee) Protected landscapes and /or seascapes refer to areas of national significance which are
characterized by the harmonious interaction of roan and land and water while providing
opportunities for public enjoyment through recreation, tourism, and other economic activities:
"(ff) Protected species refer to plants or animals declared protected under Philippine laws, rules,
and regulations. These shall include all species Listed under the Convention on International
Trade in Endangered Species of Wild Fauna and Flora and all its Annexes, the Convention on the
Conservation of Migratory Species (CMS), those specified under the red-list categories of the
International Union for Conservation of Nature and Natural Resources (IIJCN), or any plant or
animal which the Department of Environment and Natural Resources (DENR), PAMB or any
government agency may deem necessary for conservation and preservation in the protected area:
"(gg) Quarrying refers to the process of extracting, removing, and disposing sand, gravel, guano,
limestone, and all other resources used as building and construction materials that are found
within the protected area;
"(hh) Resource reserve refers to an extensive, relatively isolated, and uninhabited area which is
difficult; to access and is designated to protect the natural resources of the area for future use and
prevent or contain development activities that could affect the resources, pending the
establishment of sustainable resource utilization goals which are based upon appropriate
information and planning;
"(ii) Special Account, in the General Fund (SAGF) refers to the t rust fund deposited in the
national treasury representing the twenty-five percent (25%) of the revenues generated from the
operation of individual protected area and earmarked to support the NIPAS;
"(jj) Strict nature reserve refers to an area possessing some outstanding ecosystem, features, and
species of flora and fauna of national scientific importance that should be maintained to protect
and preserve nature in its undisturbed state and to preserve ecologically representative examples
of the natural environment to ensure their availability -for scientific study, environmental
monitoring, education, and for the maintenance of genetic resources in a dynamic and
evolutionary state;
"(kk)Tenured migrants refer to protected area occupants who have been actually, continuously
and" presently occupying a portion of the protected area for five (5) years before the
proclamation or law establishing the same as a protected area, find are solely dependent therein
for subsistence:
"(ll) Threatened species refer to species or subspecies considered critically endangered,
vulnerable, or other accepted categories of wildlife whose population is at risk of extinction:
"(mm) Wetlands refer to a wide variety of inland habitats such as marshes, peatlands,
floodplains, rivers and lakes, and coastal areas such as saltmarshes, mangroves, intertidal
mudflats and seagrass beds, and also coral reefs and other marine areas no deep er than six (6)
meters at low tide, as well as human-made wetlands such as dams, reservoirs, rice paddies and
wastewater treatment ponds and lagoons;
"(nn) Wildlife refer s to the wild forms and varieties of flora and fauna in all developmental
stages, including those which are in captivity or are being bred, fed, or propagated: and
"(of) Wildlife Sanctuary refers to an area which assures the natural condition!: necessary to
protect nationally significant .species, groups of species, biotic communities or physical features
of the environment which may require specific human manipulations for their perpetuation."
SEC. 4. Section 5 of Republic Act No, 7586 is hereby amended to read as follows:
"SEC. 5. Establishment and Extent of the System. - The establishment and operationalization of
the System shall involve the following:
'"(a) All areas or islands in the Philippines proclaimed, designated or set aside, pursuant to a law,
presidential decree, presidential proclamation or executive order as national park, game refuge,
bird and wildlife sanctuary, wilderness area, strict nature reserve, watershed, mangrove reserve,
fish sanctuary, natural and historical landmark, protected and managed landscape/seascape as
well as old growth forests identified before the effectivity of this Act or still to be identified, are
hereby designated as initial components of the System. The initial components of the System
shall be governed by existing laws, rules and regulations, not inconsistent with this Act.
"(a.l.) Establishment as Protected Areas. - Aside from the areas already declared as protected
areas through acts of Congress, the following parcels of land and/or bodies of water are hereby
established as protected areas within the classification of national park pursuant to the Philippine
Constitution:
"The boundaries and technical descriptions of each protected area as described in the attached
Annex, which are duly certified accurate on every page thereof by the National Mapping and
Resource Information Authority (NAMRIA) are hereby adopted and made an integral part
hereof.
"The DENR, with the assistance of other government agencies, if necessary, shall delineate and
demarcate on the ground the boundaries of each protected area which shall not be modified
except by an act of Congress.
"(a.2.) The Remaining Initial Components.-Within three (3) years from the effectivity of this Act,
the DENR shall undertake the following activities in preparation for the establishment of the
remaining initial components as protected areas through an act of Congress:
"(1) Provide maps and technical descriptions of the areas;
"(2) Conduct suitability assessment of the areas; and
"(3) Conduct public consultations.
"Any initial component that does not satisfy the abovementioned requirements shall be
disestablished pursuant to Section 7 of this Act.
"(b) All DENR records pertaining to said protected areas, including maps and technical
descriptions or natural boundaries, copies of rules and regulations governing them, copies of
public notices of, and reports submitted to Congress regarding pending additions, eliminations,
or modifications shall be made available to the public. These legal documents pertaining to
protected areas shall also be available to the public in the respective DENR Regional Offices,
Provincial Environment and Natural Resources Offices (PENROs) and Community Environment
and Natural Resources offices (CENROs) and Protected Area Management Offices (PAMOs)
where protected areas are located;
"(c) The DENR shall conduct a suitability assessment for each of the proposed protected area. If
found suitable for inclusion in the System according to the categories established in Section 3
hereof, a report containing the following items shall be submitted to the president as soon as the
study completed, to wit:
"(1) A protected area occupants survey:
"(2) An ethnographic study;
"(3) Protected area resource profile;
"(4) Land and water use plans; and
"(5) Other background studies.
"(d) In the conduct of public consultation, the DENR shall:
"(1) Notify the public of proposed action through publication in a newspaper of GENERAL
CIRCULATION AND such other means including notices to the stakeholders that will likely be
affected within the respective localities, thirty (30) days prior to the public consultation;
"(2) Conduct public consultation at locations near the proposed protected area;
"(3) Invite all local government unit (LGUs) in the affected areas, national agencies concerned,
people's organizations (POs) and nongovernment organizations (NGOs) and request for
corresponding position papers; and
"(4) Prepare recommendations based on the views and comments gathered from the public
consultation;
"(e) Upon receipt of the recommendations of the DENR, the President shall issue a proclamation
establishing the proposed protected areas and providing for measures for their protection until
the time When Congress shall have enacted a law finally declaring the recommended areas as
part of the System; and
"(f) Upon completion of the appropriate review, the President shall recommend to the Senate and
the House of Representatives the designations of protected areas of reclassification of each area."
SEC. 5. Sec 6 of Republic Act No. 7586 is hereby amended to read as follows:
"SEC.6. Additional Areas to be Included into the System.- Upon the recommendation of the
DENR, additional areas with unique physical features, anthropological significance and high
biological diversity may be proposed for inclusion as part of the System. Such areas shall
undergo the same procedure as the remaining initial components for legislative enactment."
SEC. 6. Section 8 of Republic Act No. 7586 is hereby amended to read as follows:
"SEC.8. Buffer Zones.-When necessary, the DENR Secretary, upon the recommendation of the
PAMB, may designate areas surrounding the protected areas as buffer zones for the purpose of
providing extra layer of protection where restrictions may be applied: Provided, That, in cases
where the designated buffer zone would cover private lands, the owners thereof shall be required
to design their development with due consideration to the protected area management plan."
SEC. 7. Section 9 of Republic Act No. 7586 is hereby amended to read as follows:
"SEC. 9. Management Plan.- Within one (1) year from the establishment of the protected area,
there shall be a management plan formulated for each protected area that shall serve as the basic
long-term framework plan for the management of the protected area and guide in the preparation
of its annual operations plan and budget.
"The management plan shall, at the minimum promote the adoption and implementation of
innovative management techniques including, when necessary, zoning, buffer zone management,
habitat conservation and rehabilitation, diversity management, community organizing and
development, socio economic and scientific researches, site-specific policy development, climate
change adaptation and mitigation, disaster risk reduction and management, and gender and
development, among others.
"The plan shall be harmonized with the Ancestral Domain Sustainable Development and
Protection Plan (ADSDPP) required under Republic Act No. 8371, or "The Indigenous People's
Rights Act of 1997', the respective Comprehensive Land Use Plans (CLUPs) of local
governments required under Republic Act No. 7160 or the 'Local Government Code of 1991' and
other local plans."
SEC. 8. Section 10 of Republic Act No. 7586 is hereby amended to read as follows:
"SEC 10. Administration and Management of the System.- The National integrated Protected
Areas System (NIPAS) is hereby placed under the control and administration of the DENR
through the Biodiversity Management Bureau (BMB).
"To carry out the mandate of this Act, the Secretary of the DENR is empowered to perform the
following acts:
"(a) Issue a system-wide set of rules and regulations to implement the provision of this Act;
"(b)" Set standards, procedures, and protocols for the establishment and management of
protected areas and the System, such as, but not limited to conduct of study, zoning, review of
plans and project proposals, specifications and types of buildings and other structures, and
installation of uniform markers and symbols;
"(c) Deputize field officers and other technical and support personnel;
"(d) Determine a system-wide set of fees and charges to ensure sustainable financing of protected
areas and the System;
"(e) Impose administrative fines and penalties;
"(f) Report on the status of the Integrated Protected Area Fund (IPAF);
"(g) Designate the appropriate Chairperson of each PAMB;
"(h) Enter into contracts and/or agreements with private entities or public agencies as may be
necessary to carry out the objectives of the System;
"(i) Accept in the name of the Philippine Government and in behalf of NIPAS funds, gifts or
bequests of money for immediate disbursements or other property in the interest of the NIPAS,
its activities or its services;
"(j) Call on any agency or instrumentality of the Government as well as academic institutions,
NGOs and the private sector as may be necessary to accomplish the objectives and activities of
the System;
"(k) Submit an annual report to the President of the Republic of the Philippines and to Congress
of the status of protected areas in the country;
"(l) Oversee and set guidelines in the construction, operation and maintenance of roads, trails,
waterworks, sewerage systems, fire protection, and sanitation systems and other public utilities
within the protected area;
"(m) Within the limits allowed by existing laws, rules, and regulations, ensure that settlement
areas inside the protected area shall not be expanded and that coverage shall only be limited to
the original areas occupied by tenured migrants and indigenous communities; and
"(n) Perform such other functions as may be directed by the President of the Republic of the
Philippines, and to do such acts as may be necessary to the accomplishment of the purposes and
objectives of the System."
SEC. 9. Section 11 of Republic Act No. 7586 is hereby amended to read as follows:
"SEC. 11. Protected Area Management Board (PAMB).-Within three (3) months after the
effectivity of this Act, A PAMB shall be created for each of the protected areas designated as
initial component, established by presidential proclamation, and declared by law. The Board shall
be composed of the following:
"(a) DENR Regional Director under whose jurisdiction the protected area is located, as
Chairperson;
"(b) Governor/s of the province/s where the protected area is located or their duly designated
representative/s;
"(c) A Senator of the Republic of the Philippines who is a duly registered resident of the city or
province where the protected area is located or a duly authorized representative, unless the
Senator declines membership in the PAMB;
"(d) District Representative/s of the Congressional district/s where the protected area is located
or their duly designated representatives, unless the District Representative declines membership
in the PAMB;
"(e) Mayor/s of the city/cities or municipality/municipalities where the protected area is located
or their duly designated representative/s;
"(f) Chairperson/s of the barangay/s where the protected area is located;
"(g) Regional Directors of the following government agencies, namely: the Department of
Agriculture (DA), the National Economic and Development Authority (NEDA), the Department
of Science and Technology (DOST), the Philippine National Police (PNP), and the Department
of National Defense (DND);
"(h) Three (3) representatives from either an NGO or PO, duly accredited both by the DENR and
the provincial government. The NGO or PO represented should have been in existence for at
least five (5) years and with track record in or related to protected area management;
"(i) At least one (1) but not more than three (30 representatives from all the IPs/ICCs present in
the area and recognized by the National Commission on Indigenous Peoples (NCIP);
"(j) One (1) representative from an academic institution, preferably from a university or college
in the province where the protected area is located, with proven track record in or related to the
protected area management ; and
"(k) One (1) representative from the private sector, preferably a resident of the province where
the protected area is located, who is distinguished in a profession or field of interest relevant to
the protected area management.
"Ex officio members or members of the PAMB by virtue of their elective or appointive
government positions as specified in the immediately preceding subparagraphs (a), (b), (c), (d),
(e), (f) and (g), shall serve for the duration of their respective terms of office in their respective
elective or appointive government positions.
"On the other hand, the members of the PAMB specified under subparagraphs (h), (i), (j) and (k)
of this section shall be appointed by the DENR Secretary after the conduct of a transparent and
fair selection process. They shall each serve a term of three (3) years and may be re appointed for
another term.
"The members of the PAMB shall serve without compensation, except for the actual and
necessary traveling and subsistence expenses incurred in the performance of theior duties, either
in their attendance in meetings of the PAMB or in connection with other official business
authorized through a resolution of the PAMB, subject to existing rules and regulations. Each
member shall have the full capacity and accountability for decisions binding to the members’
sector.
"The PAMB members duly appointed prior to the effectivity of this Act shall continue their term
until the expiration of their appointment. Thereafter, members of the management board shall be
appointed in accordance with the provisions of this Act: Provided, That the Regional director of
the DENR shall ensure that the relevant members of the PAMB duly appointed by the DENR
Secretary: Provided, further, That t least forty percent (40%) of the PAMB members shall be
women, pursuant to Republic Act No. 9710 or "The Magna Carta of Women.
"A member of the PAMB may be removed for any of the following grounds:
"(1) More than three (3) consecutive unexcused absences from regular meetings of the
management board;
"(2) Commission of acts prejudicial to the management of protected areas as embodied in
Section 20 hereof and/or other existing rules and regulations governing protected areas;
"(3) Disassociation from the office or organization being represented;
"(4) Termination of relationship with the office or organization being represented; or
"(5) Conviction by final judgment of any criminal act."
SEC. 10. Insert two (2) new sections after Section 11 of Republic Act No. 7586 to read as
follows:
"SEC. 11-A. Powers and Functions of the PAMB.- The PAMB shall have the following powers
and functions:
"(a) Oversee the management of the Protected area;
"(b) Approve policies, plans and programs, proposals, agreements, and other related documents
for the management of the protected areas;
"(c) Approve the management plan of the protected area and ensure its harmonization and
integration with the ADSDPP, land use plan and other development plan, public or private, and
its implementation;
"(d) Adopt a manual of operations to include rules of procedures in the conduct of business, and
the creation of committees and their respective terms of reference;
"(e) Recommend the deputation of appropriate agencies and individuals for the enforcement of
the laws, rules and regulations governing the management protected area;
"(f) Allocate financial resources for the implementation of the management plan and manage the
Protected area Retention Income Account and other funds in accordance with the accounting and
budgeting rules and regulations;
"(g) set fees and charges in accordance with existing guidelines;
"(h) Issue rules and regulations for the resolution of conflicts through appropriate and effective
means;
"(i) Recommend appropriate policy changes to the DENR and other government authorities;
"(j) Monitor and assess the performance of the Protected Area Superintendent (PASU) and other
protected area personnel and compliance of partners with the terms and conditions of any
undertaking, contract or agreement;
"(k) Recommend from among a shortlist of qualified candidates, the designation or appointment
of the PASU; and
"(l) Assess the effectiveness of the management of the protected area: Provided, That the
members of the management board representing the LGUs and national agencies in the PAMB
shall inform their respective constituents, offices or sectors, of PAMB-approved or other relevant
policies, rules, regulations, programs, and projects and shall ensure that the provisions of this Act
and its implementing rules and regulations are complied with and used as reference and
framework in their respective plans, policies, programs, and projects. Failure to comply with the
foregoing shall be the basis for disciplinary action against such member according to
administrative rules and regulations and such penalties as the PAMB may provide: Provided,
further, That the DENR, through the Regional Director, shall ensure that the PAMB acts within
the scope of its powers and functions. In case of conflict between administrative orders of
national application, the latter shall prevail."
"SEC. 11-B. The Protected Area Management Office (PAMO).- There is hereby established a
Protected Area Management Office (PAMO) to be headed by a Protected Area Superintendent
(PASU) with a permanent Plantilla position who shall supervise the day to day management,
protection and administration of the protected area. A sufficient number of support staff with
permanent Plantilla position shall be appointed by the DENR to assist the PASU in the
management of the protected area.
"The PASU shall be primarily accountable to the PAMB and the DENR for the management and
operations of the protected area. Pursuant thereto, the PASU shall have the following duties and
responsibilities:
"(a) Prepare the management plan, in consultation with the stakeholders, including the annual
work and financial plans and ensure its implementation;
"(b) Ensure the integration of the protected area management plans, programs, projects, and
policies with relevant national and LGUs' plans and programs;
"(c) Provide secretariat services to the PMAB and its committees and ensure the availability of
relevant and timely information for-decision making;
"(d) Formulate and recommend to the PAMB proposed policies, rules, regulations, and
programs;
"(e) Establish, operate, and maintain a database management system which shall be an important
basis for decision-making;
"(f) Enforce the laws, rules and regulations relevant to the protected area, commence and
institute administrative and legal actions in collaboration with other government agencies or
organizations, and assist in the prosecution of offenses committed in violation of this Act;
"(g) Monitor, evaluate, and report the implementation of management activities of the protected
area;
"(h) Request for and receive any technical assistance, support or advice from any agency or
instrumentality of the government as well as academic institutions, NGOs, and the private sector,
as may be necessary for the effective management, protection and administration of the protected
area;
"(i) Issue permits and clearances for activities that implement the management plan and other
permitted activities in accordance with terms, conditions, and criteria established by the PAMB:
Provided, That all permits for extraction activities, including collection for research purposes,
shall also continue to be issued by relevant authorities, subject to prior clearance from the
PAMB, through the PASU, in accordance with the specific acts to be covered;
"(j) Collect and/or receive pertinent fees, charges, donations, and other income for the protected
area: Provided, That such fees, charges, donations, and other income collected/received shall be
reported regularly to the PAMB and the DENR in accordance with existing guidelines;
"(k) Prepare and recommend to the PAMB, approval of the annual work and financial plans of
the protected area based on the management plan; and

"(l) Perform such other functions as the PAMB and the DENR may assign.
"The PAMO may be augmented by the deputized local environment and natural resources
officers upon the recommendation of the PAMB and approval of the DENR."
SEC. 11. Section 12 of Republic Act No. 7586 is hereby amended to read as follows:
"SEC. 12. Environmental Impact Assessment (EIA).- Considering that protected areas are
environmentally critical areas, the proponent of development projects and activities with
potentially significant adverse impacts as determined by the Environmental Management Bureau
(EMB), whether or not these projects or activities are included in the management plan, shall
secure an Environmental Compliance Certificate (ECC) in accordance with the Philippine
Environmental Impact Statement (EIS) System: Provided, That for development projects and
activities that are not environmentally critical, an initial environmental examination (IEE) shall
be undertaken instead of a full blown EIA. No project or activity may be undertaken by any
project proponent without prior clearance from the PAMB. The DENR shall require the
submission of the PAMB clearance, among others, before issuing an ECC to a project proponent.
"No actual implementation of such activities shall be allowed without the required ECC under
the Philippine EIA System. Violations of environmental laws, rules and regulations, including
those under the EIA System, shall be penalized accordingly."
SEC. 12. Section 13 of Republic Act No. 7586 is hereby amended to read as follows:
"SEC. 13. Ancestral Domains and Customary Rights.- Ancestral domains and customary rights
shall be accorded due recognition.
"As part of heritage preservation and pursuant to the need to conserve biologically significant
areas, the territories and areas occupied and conserved for and by IPs and communities shall be
recognized, respected, developed, and promoted.
"The ICCs and IPs concerned shall have the responsibility to govern, maintain, develop, protect,
and conserve such areas, in accordance with their indigenous knowledge systems and practices
and customary law, with full and effective assistance from the NCIP, DENR and other concerned
government agencies.
"A mechanism for coordination and complementation between the indigenous traditional
leadership and governance structures and the NCIP, DENR, government agencies, concerned
LGUs and civil society organizations shall be created."
SEC. 13. Section 14 of Republic Act No. 7586 is hereby amended to read as follows:
"SEC.14. Energy Resources.-Consistent with the policies declared in Section 2 hereof, the
exploration for energy resources may be allowed in protected areas only for the purpose of
gathering data and information and only if such activity is carried out with the least damage to
surrounding areas.
"Surveys for nonrenewable energy projects shall be conducted only in accordance with a
program approved by the DENR, and the result of such surveys shall be made available to the
public and submitted to the President who shall make the appropriate recommendations to
Congress. The development and operation of nonrenewable energy projects are prohibited in
areas categorized as strict nature reserves and natural parks,
"Renewable energy projects may be allowed within the protected area by the PAMB with the
concurrence of the DENR Secretary: Provided, That renewable energy projects, which shall be
located outside the strict protection zones, shall undergo the EIA as provided by law, and shall
adopt reduced impact technologies so as not to be detrimental to ecosystem functions,
biodiversity, cultural practices and traditions : Provided, That sufficient bond shall be remitted by
the proponent to the DENR. The amount of which will be based on damage estimation upon
decommissioning and projected cost of rehabilitation. It shall be released to the depositor upon
the satisfactory decommissioning of all equipment, structures and improvements and the
rehabilitation of the site according to the zones and objectives of the management plan as
attested to by the PAMB."
SEC. 14. Section 15 of Republic Act No. 7586 is hereby amended to read as follows:
"SEC. 15. Areas Under the Management of Other Departments and Government
Instrumentalities.-Should there be protected areas, or portions thereof, under the jurisdiction of
government instrumentalities other than the DENR, such jurisdiction shall remain in the said
department of government instrumentality: Provided, That the DENR shall retain its oversight
function over such protected areas, and the concerned agency shall provide annual reports on the
management of said areas focusing on the conservation of the biodiversity therein."
SEC. 15. Section 16 of Republic Act No. 7586, as amended by Republic Act No. 10629, is
hereby further amended to read as follows:
"SEC. 16. Integrated Protected Area Fund (IPAF).- There is hereby established a trust Fund to be
known as Integrated Protected Area Fund (IPAF) for purposes of financing the projects and
sustaining the operation of protected areas and the System. Income generated from the operation
and management of the protected area shall accrue to the IPAF. The income shall be derived from
fees and charges from the use of resources and facilities of protected areas; contributions from
industries and facilities directly benefiting from the protected area; and such other fees and
income derived from the operation of the protected area.
"The PAMB shall retain seventy-five percent (75%) of all revenues raised through the above
means, which shall be deposited in the Protected Area-Retained Income Account (PA-RIA) in
any authorized government depository bank within the locality: Provided, That disbursements
out of such deposits shall be used solely for the protection, maintenance, administration, and
management of the protected area and implementation of duly approved projects of the PAMB.
"Grants, donations, and endowments from various sources, domestic or foreign, shall be
deposited in full in a special account in the National Treasury to be used for the purpose
specified in the deeds and instruments covering them.
"Voluntary or legislated payments for ecosystem goods and services, including fines, penalties,
and compensation for damages from protected area offenses shall accrue fully to the PA-RIA and
shall be managed by the PAMB.
"The remaining twenty-five percent (25%) of revenues shall be deposited as a special account in
the General Fund in the National Treasury for purposes of financing the projects of the System.
"The use of the IPAF shall be in accordance with existing accounting, budgeting, and auditing
rules and regulations: Provided, further, That the IPAF shall not be used to cover personal
services expenditures.
"The DENR shall submit to the Department of Budget and Management (DBM) and the
Department of Finance (DOF) quarterly reports on the financial and physical accomplishments
on the utilization of the IPAF and other documents as may be required by the DBM, and shall
furnish a copy of the same to the House Committee on Appropriations and the Senate Committee
on Finance."
SEC. 16. A new Section 16-A of Republic Act No. 7586, as amended by Republic Act No.
10629, shall read as follows:
"SEC. 16-A. Tax Exemption.- All grants, bequest a and endowments, donations and contributions
made to the protected area fund to be used actually, directly, and exclusively by the protected
area, shall be exempted from donor's tax and shall be considered as allowable deduction from the
gross income of the donor for the purpose of computing the taxable income of the donor in
accordance with the provisions of the National Internal Revenue Code of 1997, as amended."
SEC. 17. Section 19 of Republic Act No. 7586 is hereby amended to read as follows:
"SEC. 19. Special Prosecutors and Retained Counsel.- Within thirty (30) days from the
effectivity of this Act, the department of Justice (DOJ) shall appoint special prosecutors to
prosecute violations of laws, rules and regulations in protected areas. The special prosecutor shall
coordinate with the PAMB and the PASU in the performance of duties and assist in the training
of wardens and rangers in arrest and criminal procedures. The PAMB may retain the services of
counsel to prosecute and assist in the prosecution of cases under the direct control and
supervision of the regular or special prosecutor. Said counsel shall also represent and defend the
members of the PAMB, PASU and the staff, or any DENR-deputized individual and volunteer,
against any legal action arising from the performance of their powers, functions and
responsibilities as provided in this Act."
SEC. 18. Section 20 of Republic Act No. 7586 is hereby amended to read as follows:
"SEC. 20. Prohibited Acts.-Except as may be allowed by the nature of their categories and
pursuant to rules and regulations governing the same, the following acts are prohibited within
protected areas:
"(a) Poaching, killing, destroying, disturbing of any wildlife including in private lands within the
protected area;
"(b) Hunting, taking, collecting, or possessing of any wildlife, or by-products derived therefrom,
including in private lands within the protected area without the necessary permit, authorization or
exemption: Provided, That the PASU as authorized by the PAMB shall issue a permit,
authorization or exemption only for culling, scientific research, the exceptions provided under
Section 27 (a) of Republic Act No. 9147 (Wildlife Resources, Conservation and Protection Act)
or harvests of nonprotected species in multiple-use zones by tenured migrants and IPs;

"(c) Cutting, gathering, removing or collecting timber within the protected area including private
lands therein, without the necessary permit, authorization, certification of planted trees or
exemption such as for culling exotic species; except, however, when such acts are done in
accordance with the duly recognized practices of the IPs/ICCs for subsistence purposes;
"(d) Possessing or transporting outside the protected area any timber, forest products, wildlife, or
by-products derived therefrom which are ascertained to have been taken from the protected area
other than exotic species, the culling of which has been authorized under an appropriate permit:
"(e) Using any fishing or harvesting gear and practices or any of their variations that destroys
coral reefs, seagrass beds or other marine life and their associated habitats or terrestrial habitat as
may be determined by the DA or the DENR: Provided, That mere possession of such gears
within the protected areas shall be prima facie evidence of their use;
"(f) Dumping, throwing, using, or causing to be dumped into or placed in the protected area of
any toxic chemical, noxious or poisonous substance or nonbiodegradable material, untreated
sewage or animal waste or products whether in liquid , solid or gas state, including pesticides and
other hazardous substances as defined under Republic Act No. 6969, otherwise known as the
Toxic substances and Hazardous and Nuclear Wastes Control Act of 1990 detrimental to the
protected area, or to the plants and animals or inhabitants therein:
"(g) Operating any motorized conveyance within the protected area without permit from the
PAMB, except when the use of such motorized conveyance is the only practical means of
transportation of IPs/ICCs in accessing their ancestral domain/land;
"(h) Altering, removing, destroying or defacing boundary marks or signs;
"(i) Engaging in "kaingin" or, in any manner, causing forest fires inside the protected area;
"(j) Mutilating, defacing, destroying, excavating, vandalizing or, in any manner, damaging any
natural formation, religious, spiritual, historical sites artifacts and other objects of natural beauty,
scenic value or objects of interest to IPs?ICCs;
"(k) Damaging and leaving roads and trails in damage condition;
"(l) Littering or depositing refuse or debris on the ground or in bodies of water;

"(m) Possessing or using blasting caps or explosives anywhere within the protected area;
"(n) Occupying or dwelling in any public land within the protected area without clearance from
the PAMB;
"(o) Constructing, erecting, or maintaining any kind of structure, fence or enclosure, conducting
any business enterprise within the protected area without prior clearance from the PAMB and
permit from the DENR, or conducting these activities in a manner that is inconsistent with the
management plan duly approved by the PAMB;
"(p) Undertaking mineral exploration or extraction within the protected area;
"(q) Engaging in commercial or large-scale quarrying within the protected area;
"(r) Establishing or introducing exotic species, including GMOs or invasive alien species within
the protected area;
"(s) Conducting bioprospecting within the protected area without prior PAMB clearance in
accordance with existing guidelines: Provided, That in addition to the penalty provided herein,
any commercial use of any substance derived from nonpermitted bioprospecting within a
protected area will not be allowed and all revenue earned from illegal commercialization thereof
shall be forfeited and deposited as part of the IPAF;
"(t) Prospecting, hunting or otherwise locating hidden treasures within the protected area;
"(u) Purchasing or selling, mortgaging or leasing lands or other portions of the protected area
which are covered by any tenurial instrument; and
"(v) Constructing any permanent structure within forty (40)-meter easement from the high water
mark of any natural body of water or issuing a permit for such construction pursuant to Article
51 of Presidential Decree No. 1067: Provided, That construction for common usage wharves and
shoreline protection shall be permitted by the PAMB only after thorough EIA."
SEC. 19. Section 21 of Republic Act No. 7586 is hereby amended to read as follows:
"SEC. 21. Penalties.- Violations under this Act shall be subject to the following penalties:
"(a) A fine of not less than Two hundred thousand pesos (P200,000) but not more than One
million pesos (P1,000,000) or imprisonment from one (1) year but not more than six (6) years, or
both plus damages of triple the value of the said resources, or both, shall be imposed upon any
person who violates paragraphs (a) to (e) of Section 20 herein;
"(b) A fine of not less than Two hundred thousand pesos (P200,000) but not more than One
million pesos (P1,000,000) or imprisonment from (1) year but not more than six (6) years, or
both, shall be imposed upon any person who violates paragraphs (f) to (n) of Section 20 herein;
"(c) A fine of not less than One million pesos (P1,000,000) but not more than Five million pesos
(P5,000,000) or imprisonment from six (6) years but not more than twelve (12) years, or both,
shall be imposed upon any person who violates paragraphs (o) to (v) of section 20 herein;
"(d) A fine of Fifty thousand pesos (P50,000) daily shall be imposed on the owner of existing
facilities within a protected area under Section 24 of this Act, if the existence of the same and its
future plans and operations will be detrimental to the protected area. For every continuing
violation, or if the violation continues to be committed for thirty (30) days and upon reaching a
total fine of Five hundred thousand pesos (P500,000), the PAMB through the PASU and other
deputized government entities shall cause the cessation of operation and either forfeit in favor of
the PAMO or demolish the facility at the cost of its owner. If the facility is government-owned,
the agency in charge shall submit a plan for a substitute facility that complies with the protected
area standards and, within one (1) year, execute the approved protected area management plan;
"(e) Administrative fines of not less than Fifty thousand pesos (P50,000), but not exceeding Five
million pesos (P5,000,000), shall be imposed by the DENR Secretary for the violation of any
rule, regulation, or provision of any agreement reached with the PAMB: Provided, That if an area
which has sustained damage from any activity conducted therein requires rehabilitation or
restoration as determined by the court, the offender shall be required to restore or pay
compensation for such damages, which payment shall accrue to the IPAF.
"On the basis of a court order, the DENR shall cause the eviction of an offender from the
protected area: Provided, That in cases of emergency, the DENR Secretary may order the
immediate exit or departure of the offender from the protected area. The DENR Secretary may
call on other enforcement agencies to assist in executing the order to vacate.
"An emergency occurs when there is a demonstrated impending threat to human life and
biodiversity or to species found within the ecosystem of the protected area.
"All minerals, timber or species collected or removed from the protected area, including all
equipment, devices, conveyances, and firearms used in connection therewith, shall be forfeited in
favor of the government, and any construction or improvement made thereon by the offender
shall be subject to confiscation by the PAMO, subject to the application of due process.
"The conveyances, vessels, equipment, paraphernalia, implements, gears, tools, and similar
devices used in the commission of the crime shall be dealt with in accordance with Part 4, Rule
12 (Custody and Disposition of Seized Items, Equipment, Paraphernalia, Conveyances and
Instruments) of Administrative Matter No. 09-6-8-SC (Rules of Procedures for Environmental
Cases) issued by the Supreme Court. However, in no case shall any confiscated or rescued
protected animal species be sold or in any manner disposed of but shall be immediately turned
over to the PAMO for rehabilitation and release to its natural habitat, subject to existing
regulations. Valuation of the damage shall take into account biodiversity and conservation
considerations as well as aesthetic and scenic value. The valuation and assessment by the DENR,
in coordination with other concerned government agencies, shall be presumed regular unless
otherwise proven by preponderance of evidence.
"If the offender is an association or corporation, the president or manager, who is proven to have
participated in or have actual knowledge of any violation against the provisions of this Act shall
be directly liable for the act of the employees and laborers: Provided, finally, That the DENR
may impose administrative fines and penalties consistent with this Act.
"Any person who shall induce another or conspire to commit any of the acts prohibited in this
Act, or force their workers to commit any of the same, shall be liable as principal.
"The penalties specified in this section shall be in addition to the penalties provided in Republic
Act No. 9072 or the 'National Caves and Cave Resources Management and Protection Act',
Republic Act No. 9147 or the 'Wildlife Resources Conservation and Protection Act', Republic
Act No. 8550 or the 'Philippine Fisheries Code of 1998' and other related laws.
"The conviction of a public officer or officer of the law whether from the LGU or any national
government agency for any violation of the provisions of this Act shall carry the accessory
penalty of perpetual disqualification from public office."
SEC. 20. Insert twelve (12) new sections after Section 21 of Republic Act No. 7586 to read as
follows:
"SEC. 22. Existing Rights.- All property and private rights within the protected area and its buffer
zones already existing and/or vested upon the effectivity of this Act shall be protected and
respected in accordance with existing laws: Provided, That the exercise of such property and
private rights shall be harmonized as far as practicable, with the provisions of this Act.
Notwithstanding this Act, all existing rights, contracts, or agreements entered into by government
for the utilization of natural resources within protected areas shall continue to be recognized and
governed by Philippine laws.
"The renewal of permits, contracts, and agreements shall be subject to the provisions of this Act.
If the permits, contracts, and agreements are not renewed, such areas shall be rehabilitated or
restored by the permit holders within the period provided by the pertinent laws and shall revert to
national parks classification. As such, all holders of permits, contracts, and agreements are
required to prepare and submit a rehabilitation plan to the PAMB: Provided, That upon renewal,
a sufficient bond shall be remitted by the proponent to the DENR to be released to the depository
bank in the event of damage by or closure of the establishment after satisfactory rehabilitation
according to the zones and objectives of the management plan as attested to by the PAMB.
"The occupation of LGUs and communities within the protected area shall be respected. Within
ninety (90) days after the creation of the PAMB the Board shall assess the physical occupation of
said LGUs and communities within protected areas and recommend to proper authorities
measures to ensure the protection of their well-being. Municipalities and cities with existing
townships and town centers within the protected area shall continue to occupy such townships
and town centers: Provided, That in the development of their CLUPs and barangay development
plans, due considerations shall be given to the intended use for conservation and biodiversity as
well as the objectives for protected areas to keep human habitation and environmental
conservation in harmony."
"SEC. 23. Tenured Migrants and Other Protected Area Occupants.- Tenured migrants shall be
eligible to become stewards of portions of lands within multiple-use zones. The PAMB shall
identify, verify and review all tenurial instruments, land claims, and issuances of permits for
resource use within the protected area and recommend the issuance of the appropriate tenure
instrument consistent with the zoning provided in the management plan and the provisions of this
Act.
"Should areas occupied by tenured migrants be designated as zones in which no occupation or
other activities are allowed pursuant to the attainment of sustainable development, the provision
for the transfer of the tenured migrants to multiple-use zones or buffer zones shall be
accomplished through just and humane means: Provided, That protected area occupants who are
not qualified as tenured migrants shall be resettled outside the protected area.
"The rights of the tenured migrants may be transferred only to the spouse or one of their direct
descendants listed at the time of the survey.
"In the event of termination of a tenurial instrument for cause or by voluntary surrender of rights,
the PASU shall take immediate steps to rehabilitate the area.
"Following the protected area occupants survey required under Section 5(c)(1) hereof, the DENR
Regional Director shall submit to the BMB within two (2) years from the passage of this Act, the
final list of tenured migrants, which shall be the basis for tenured migrant recognition and
issuance of tenurial instruments. Within the two (2)-year period, the DENR Regional Director
shall submit accomplishment report every six (6) months.
"The DENR through the BMB shall issue guidelines for the determination of the reckoning
period for the recognition of the tenured migrants."
"SEC. 24. Existing Facilities Within the Protected Area.- Within sixty (60) days from the
effectivity of this Act, an inventory of all existing facilities such as roads, buildings and
structures, water systems, transmission lines, communication facilities, heavy equipment, and
irrigation facilities, among others, within the protected area shall be conducted.
"The DENR Regional Director shall submit the inventory of facilities with corresponding
descriptions and an assessment report containing the appropriate recommendations to the DENR
Secretary through the BMB.
"The PAMB, with the assistance of the DENR, may impose conditions for the continuous
operation of a facility found to be detrimental to the protected area until its eventual relocation. If
the conditions are violated, the owner of the facility shall be made liable pursuant to Section
21(d) hereof.
"Existing facilities allowed to remain within the protected area shall be charged a reasonable fee
by the PAMB based on existing guidelines. Structures found within the forty (40)-meter
easement shall be demolished unless proven necessary to protect the shoreline and mitigate
habitat destruction. The PAMB shall levy a reasonable fee for the use of such easement for their
continued operations. Wharves shall be kept accessible to the public."
"SEC. 25. Special Uses Within Protected Areas.-Consistent with Section 2 hereof, special uses
may be allowed within protected areas except in strict protection zones and strict nature reserves.
The PAMB may recommend the issuance of tenurial instrument subject to compliances to ECC
and payment of corresponding user fee equivalent to five percent (5%) of the zonal value of
commercial land within the nearest barangay or municipality where the project is located
multiplied by the area of development plus one percent (1%) value of improvement as premium:
Provided, That yhe activity shall not be detrimental to ecosystem functions and biodiversity, and
cultural practices and traditions.
"A sufficient bond shall be remitted by the proponent to the DENR to be released to the
depository bank in the event of damage by or closure of the establishment after satisfactory
rehabilitation according to the zones and objectives of the management plan as attested to by the
PAMB."
"SEC. 26. Local Government Units (LGUs).- The LGUs within the protected area shall
participate in its management through representation in the PAMB as provided for in this Act.
Said LGUs may appropriate portions of their share from the annual internal revenue allotment
and other income for use of the protected area: Provided, That all funds directly coming from the
LGUs shall be exempted from the twenty-five percent (25%) remittance requirement for the
IPAF under Section 16 hereof.
"The LGUs shall continue to impose and collect other fees not enumerated under Section 16
hereof which they have traditionally collected, such as business permits and rentals of the LGU
facilities: Provided, That the LGUs shall not impose property tax on properties owned by the
government nor issue any tax declaration for areas covered by the protected area. Furthermore,
LGUs may charge add-ons to fees imposed by the PAMB: Provided, That such add-ons shall be
based on the contribution of the LGUs in the maintenance and protection of the protected area.
"LGUs with territory inside protected areas shall align their CLUPs, local development plans,
disaster risk reduction management plans and other required plans according to the objectives
specified herein and in the protected area management plans. Within six (6) months from the
approval of the protected area management plans. Within six (6) months from the approval of the
protected area management plan the PAMB and the PASU shall collaborate with the LGU
concerned in the formulation of the CLUP and other local plans and in the enforcement thereof.
The concerned LGU official shall be held administratively and criminally liable for failure to
enforce and/or implement the provisions of this Act."
"SEC. 27. Reporting Responsibility.-The PASU, through the PAMB, shall submit an annual
accomplishment report of the protected area to the Secretary of the DENR through the BMB. A
report on the conditions and benefits of the biological resources and ecosystem services of the
protected area shall also be submitted by the PASU, through channels, to the Secretary of the
DENR every five (5) years. Consequently, the BMB shall likewise prepare a National State of
Protected Areas (NSPAs) report every five (5) years and shall submit the same to the President
the Senate and the House of Representatives.'
"SEC. 28. Appropriations.-The Secretary of the DENR shall immediately include in the DENR's
program the implementation of this Act, the funding of which shall be included in the annual
General Appropriations Act."
"SEC. 29. Construction and Interpretation.- The provisions of this Act shall be construed
liberally in favor of the protection and rehabilitation of the protected area and the conservation
and restoration of its biological diversity, taking into account the needs and interests of qualified
tenured migrants vested rights, IPs and local communities, and the benefits from ecosystem
services and functions of protected areas, for present and future generations: Provided, That
nothing in this Act shall be construed as a diminution of local autonomy or in derogation of
ancestral domain rights under the Indigenous People's Rights Act of 1997."
"SEC. 30. Subsequent Site-Specific Legislation.-Upon the generation of site-specific
requirements for new legislation, the PAMB, through the DENR shall endorse to Congress for its
consideration and enactment site-specific proposals to appropriately respond to the distinct and
particular needs and conservation requirements of the protected areas in each locality. Protected
areas that may be later established or declared pursuant to this Act shall likewise undergo the
same requirements of site-specific legislation."
"SEC. 31. Joint Congressional Oversight Committee.- To monitor and oversee the
implementation of this Act, a Joint Congressional Oversight Committee is hereby created. It shall
be composed of the Chairpersons of the Senate Committee on Environment and Natural
Resources and the House Committee on Natural Resources as Chairperson and Co-chairperson,
respectively, five (5) members each from the Senate and the House of Representatives as
members: Provided, That two (2) of the five (5) members are nominated by the respective
minority leaders of the Senate and the House of Representatives."
"SEC. 32. Implementing Rules and Regulations (IRR).-Within six (6) months from the effectivity
of this Act, the DENR shall prepare the IRR of this Act."
"SEC. 33. Transitory Provision.-In order to enhance biological diversity and to develop
sustainable livelihood opportunities for tenured migrants, the DENR shall henceforth cease to
issue concessions, licenses, permits, clearances, compliance documents or other instruments that
allow utilization of resources within the protected area until the management plan shall have
been put into effect.
"All existing land use and resources use permits issued for purposes which are authorized within
the protected area shall be reviewed and shall not be renewed upon their expiration unless
consistent with the management plan and approved by the PAMB."
SEC. 21. Separability Clause.-If any provision of this Act is declared unconstitutional or invalid,
other parts or provisions hereof not affected thereby shall continue to be in force and effect.
SEC. 22. Repealing Clause.- All laws, decrees, executive orders, rules and regulations or parts
thereof which are contrary to or inconsistent with this Act are hereby repealed, amended or
modified accordingly.
SEC. 23. Effectivity.- This Act shall take effect fifteen (15) days after its complete publication in
the Official Gazette or in two (2) newspapers of general circulation.
Approved,
Local Ordinances on Urban Revitalization
Local governments pass ordinances tailored to their specific needs. Here are some
common themes in urban renewal ordinances:
1. Zoning Ordinances
o Establish land use policies, designating areas for commercial, residential, and
mixed-use developments.
o Example: Manila’s Zoning Ordinance regulating redevelopment in historic
districts like Escolta.
2. Green Building Ordinances
o Mandate eco-friendly buildings, requiring energy-efficient designs and
sustainable materials.
o Example: Quezon City’s Green Building Ordinance promotes sustainable
construction.
3. Heritage Conservation Ordinances
o Protect historic buildings and cultural sites during urban renewal.
o Example: Vigan City’s ordinance preserving Spanish-era architecture.
4. Traffic and Public Space Management Ordinances
o Regulates pedestrian zones, bike lanes, and public parks in urban renewal areas.
o Example: Cebu City’s ordinance on pedestrian-friendly streets.
5. Socialized Housing and Anti-Squatting Ordinances
o Ensures relocation and housing for informal settlers affected by redevelopment.
o Example: Makati’s ordinance providing in-city relocation for informal settlers.