NATIONAL INTEGRATED

PROTECTED AREAS
SYSTEM ACT OF 1992
RA 7586
PRESENTED BY: CASTILLO, RONALD C.

Introduction

Enacted on June 1, 1992

The Philippines had a national parks law as early as 1932, which was
followed by a series of laws and decrees creating individual national
parks until the 1970s. During this period, the aims of parks
management were largely to remove settlers and other unauthorized
occupants from the parks, and to enhance recreation and tourism

The conservation of biodiversity is among the 10 major strategies

adopted in the Philippine Strategy for Sustainable Development,
which aims to achieve economic growth without depleting the stock
on natural resources and degrading the environment. A centerpiece of
the governments action in this regard is the establishment of an
integrated protected area system

Does not create a new land

classification but merely seeks

the declaration of certain lands
with outstanding remarkable areas
and biologically important public land that are habitats of rare and endangered
species of plants and animals, biogeographic zones and related ecosystems into
PAs so they can be included in the national integrated protected areas system
for their more efficient conservation and management

To serve as a legal basis to conserve biodiversity through managing selected

protected areas

It is the classification and management of all designated PAs, in order to

maintain essential ecological processes and life-support systems, preserve
genetic diversity, ensure sustainable use of resources found therein, and
maintain their natural conditions to the greatest extent possible

CATEGORIES:
Natural Monument

National Parks

Natural Park

Protected Landscape and Seascape

Bird and Wildlife Sanctuary

Declaration of Policy

The policy of the State to secure for the Filipino people of present
and future generations the perpetual existence of all native plants
and animals through the establishment of a comprehensive system of
integrated protected areas within the classification of national park.

It is hereby established a National Integrated Protected Areas System

(NIPAS), which shall encompass outstandingly remarkable areas and
biologically important public lands that are habitats of rare and
endangered species of plants and animals, biogeographic zones and
related ecosystems, whether terrestrial, wetland or marine, all of
which shall be designated as protected areas.

Definition of Terms

National Integrated Protected Areas System (NIPAS) - is 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.

Protected Area - refers to identified portions of land and water set

aside by reason of their unique physical and biological significance,
managed to enhance biological diversity and protected against
destructive human exploitation

Establishment of the System

Establishment and Extent of the System The establishment and
operationalization of the System shall involve the following:

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
identified virgin forests before the effectivity of this Act 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;

PICOP Resources, Inc vs Base Metals Mineral Resources Corporation

Central Mindanao Mining entered into a Mines Operating Agreement with Banahaw
Mining. Banahaw Mining secured a Mines Temporary Permit authorizing it to extract
and dispose of precious minerals found within its mining claim

Since a portion of Banahaw Mining's mining claims was located in PICOP's logging
concession, Banahaw Mining and PICOP entered into a MOA, allowing Banahaw Mining
an access/right of way to its mining claims

Banahaw Mining thereafter converted its mining claims to Applications for Mineral
Production Sharing Agreements (MPSA)

While the MPSA were pending, Banahaw Mining, decided to sell/assign its rights and
interests in favor of Base Metals. CMMCI recognized the assignment made by
Banahaw Mining

Base Metals amended Banahaw Minings pending MPSA applications to substitute

itself as applicant

PICOP filed with the Mines Geo-Sciences Bureau an Adverse Claim and/or Opposition
to Base Metals application

The Panel Arbitrator issued an order disapproving Base Metals application, that the
granting of the MPSA application on subject area is covered by a Presidential
Warranty and the area is considered closed to mining location

ISSUE
Whether or not the area covered by Base Metals MPSA is, by law, closed
to mining activities

HELD
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:
(f) squatting, mineral locating, or otherwise occupying any land

There is no showing that the wilderness area has been proclaimed,

designated or set aside as such, pursuant to a law, presidential decree,
presidential proclamation or executive order. It is only when the area has
been so designated, prohibits mineral locating within protected areas
becomes operational.

BUFFER ZONES

Peripheral buffer zones shall be established to protect the protected

area from activities that will directly and indirectly harm it.

It shall be included in the individual protected area management

plan.

MANAGEMENT PLANS

There shall be a general management planning strategy to serve as

guide in formulating individual plans for each protected area

They shall promote the adoption and implementation of innovative

management techniques (zoning, buffer zone management, habitat
conservation and rehabilitation, diversity management, community
organizing, socioeconomic and scientific researches, site-specific
policy development, pest management, fire control)

they shall also provide guidelines for the protection of indigenous

cultural communities

A management manual shall be formulated and developed which must

contain the following:

1.

an individual management plan prepared by three (3) experts

2.

basic background information

3.

field inventory of the resources within the area

4.

an assessment of assets and limitations

5.

regional interrelationships

6.

particular objectives for managing the area

7.

appropriate division of the area into management zones

8.

a review of the boundaries of the area

9.

a design of the management programs

ADMINISTRATION AND MANAGEMENT

Under the control and administration of the DENR

Each regional office shall have a Protected Areas and Wildlife Division
which shall manage protected areas and promote the permanent
preservation of their natural conditions.

The DENR Secretary is empowered to:

to conduct studies on various characteristic features and conditions of the different

protected areas and classify them

to promulgate rules and regulations necessary to carry out the provisions of this Act

to fix and prescribe reasonable NIPAS fees

to submit an annual report to the President of the Philippines and to Congress on

the status of protected areas

Control occupancy of suitable portions of the protected area and resettle forest
occupants therein

PROTECTED AREA MANAGEMENT BOARD

Regional Executive Director

A rep. from the Autonomous Regional Government (if applicable)

Provincial Development Officer

Rep. from Municipal Govt

Rep. from Barangay covering the protected area

Rep. from Tribal Community (if applicable)

3 Rep. from NGO/Local Community Organizations

One rep. each from other departments or national govt agencies

involved in protected area management

The Board shall, by a majority vote:

Decide the allocation of budget

Approve proposal for funding

Decide matters pertaining to Planning

Peripheral Protection and General Administration of the area

5yrs term without compensation except for actual and

necessary traveling and subsistence expenses incurred in
the performance of their duties.

Appointed by DENR Secretary

ENVIRONMENTAL IMPACT ASSESSMENT

Proposal for activities for protected areas shall be subject to an

environmental impact assessment. No actual implementation of such
activities shall be allowed without the required Environmental
Compliance Certificate (ECC).

ANCESTRAL LANDS AND RIGHTS

The DENR shall prescribe rules and regulations to govern ancestral

lands within protected areas

The DENR have no power to evict indigenous communities from their

present occupancy nor resettle them without their consent

All rules and regulations shall be issued subject to prior notice and
hearing

SURVEY FOR ENERGY RESOURCES

Protected areas may be subject to exploration only for the purpose of

gathering information on energy resources and only if such activity is
carried out with the least damage to surrounding areas

Surveys shall be conducted only in accordance with a program

approved by the DENR and the result shall be made available to the
public and submitted to the President for appropriate
recommendation to Congress

No exploitation and utilization of energy resources found within NIPAS

shall be allowed unless through a law passed by Congress

PROHIBITED ACTS WITHIN THE PROTECTED AREAS (SEC

20)

Hunting, destroying, disturbing, or mere possession of any plants or

animals or products derived therefrom without a permit from the
Management Board

Dumping of any waste products

Mutilating, defacing or destroying objects of natural beauty

Squatting, mineral locating, or otherwise occupying any land

Altering, removing destroying or defacing boundary marks or signs

THANK YOU!