National Integrated

Protected Areas Systems

(NIPAS) Act of 1992
AND

Expanded National
Integrated Protected Areas
Systems (E-NIPAS) Act of
2018
National Integrated Protected Areas
System
GOVERNING LAWS

RA No. 7586 otherwise known as the Integrated

Protected Areas Systems (NIPAS) Act of 1992 was
amended by RA No. 11038 otherwise known as the
Expanded Integrated Protected Areas Systems (E-
NIPAS) Act of 2018
National Integrated Protected Areas
System
State policy on Protected Areas

It is 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.

(Section 2 of RA 7586 as amended by RA 11038)

National Integrated Protected Areas
System
State policy on Protected Areas

The State adopted the said policy because it became

“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
recognized “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.”
(Section 2 of RA 7586 as amended by RA 11038)
National Integrated Protected Areas
System
State policy on Protected Areas

As to the integrated protected areas:

• The state recognizes that 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;
(Section 2 of RA 7586 as amended by RA 11038)
National Integrated Protected Areas
System
State policy on Protected Areas

As to the integrated protected areas:

• That the use and enjoyment of these protected areas
much be consistent with the principles of biological
diversity and sustainable development.

(Section 2 of RA 7586 as amended by RA 11038)

National Integrated Protected Areas
System
State policy on Protected Areas

To implement the State policy, the law “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'.

(Section 2 of RA 7586 as amended by RA 11038)

National Integrated Protected Areas
System
State policy on 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).

(Section 2 of RA 7586 as amended by RA 11038)

National Integrated Protected Areas
System
NIPAS Act is aimed at biodiversity

Biodiversity, as defined* is what the overall objective

of the NIPAS Act in Section 2 thereof all about.

*Biological diversity or biodiversity refers to the

variability among the living organisms from all 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.
National Integrated Protected Areas
System
Categories of protected areas

a. Strict nature reserve;

b. Natural park;
c. Natural monument;
d. Wildlife sanctuary;
e. Protected landscapes and seascapes;
f. Resource reserve;
g. Natural biotic areas; and
h. Other categories established by law, conventions or
international agreements which the Philippine
Government is a signatory.
National Integrated Protected Areas
System
Definition of terms

(a) Biological diversity or biodiversity refers to the

variability among the living organisms from all
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;
National Integrated Protected Areas
System
Definition of terms

c) Buffer zones refers 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) By-products or Derivatives refers 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;
National Integrated Protected Areas
System
Definition of terms

f) Conveyance refers to every kind of vessel, including

motorized or non-motorized vehicles, non-
displacement crafts and seaplanes that are used or may
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;
National Integrated Protected Areas
System
Definition of terms

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 refers to the multitude
of material and non-material provisions and benefits
from healthy ecosystems necessary for human
sustenance, well-being, and survival including support
processes, provisioning and environment regulating
services, and cultural resource preservation services
National Integrated Protected Areas
System
Definition of terms

j) Endemic species refers to the

species or subspecies of flora
and fauna which are naturally
occurring and found within
specific areas in the country;
Visayan warty pig
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;
Burmese Phyton
National Integrated Protected Areas
System
Definition of terms

l) Exploration refers to the act of searching or

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;
National Integrated Protected Areas
System
Definition of terms

n) Genitically 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 such as guns, bow and arrow, spears, traps
and snares, and the like;
National Integrated Protected Areas
System
Definition of terms

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;
National Integrated Protected Areas
System
Definition of terms

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, and 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;
National Integrated Protected Areas
System
Definition of terms

v) National park refers to the lands of the public domain

classified as such in the Constitution which include all
areas under the NIPAS 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;
National Integrated Protected Areas
System
Definition of terms

x) Natural monument refers to a relatively small area

focused on the protection of small features to protect or
preserve nationally significant 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
resources use is not allowed and is maintained to
protect outstanding natural and scenic areas of national
or international significance for scientific, educational,
recreational use;
National Integrated Protected Areas
System
Definition of terms

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
that 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;
National Integrated Protected Areas
System
Definition of terms

ab) Protected area refers to identified portions of land

and/or water set aside by reason of their unique
physical and biological diversity and protected against
destructive human exploitation;
ac) Protected Area Occupants refers to persons who are
residing, utilizing, and cultivating areas within the
protected area. These include private owners, IPs,
tenured migrants and informal settlers;
National Integrated Protected Areas
System
Definition of terms

ad) Protected Area Retained Income Account refers to

the trust fund maintained by any protected area and
administered by the respective Protected Area
Management Boards (PAMB) created pursuant to this
Act representing the seventy-five percent (75%) of
revenues generated from the protected area to support
its operation and management;
ae) Protected landscapes and/or seascapes refer to areas of
national significance which are charactertized by the
harmanonious interaction of man and land and water while
providing opportunities for public enjoyment through
recreation, tourism, and other economic activities;
National Integrated Protected Areas
System
Definition of terms

af) Protected species refers 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 redlist
categories of the International Union for Conservation
of Nature and Natural Resources (DENR), PAMB or
any government agency may deem necessary for
conservation and preservation in the protected area;
National Integrated Protected Areas
System
Definition of terms

ag) 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;
ah) 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 resources
utilization goals which are based upon appropriate
information and planning;
National Integrated Protected Areas
System
Definition of terms

ai) Special Account in the General Fund (SAGF) refers to

the trust 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;
National Integrated Protected Areas
System
Definition of terms

aj) 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 to 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 for
the maintenance of genetic resources in a dynamic and
evolutionary state;
National Integrated Protected Areas
System
Definition of terms

ak) 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, and are solely dependent
therein for subsistence;
al) Threatened species refer to species or subspecies
considered critically endangered, vulnerable, or other
accepted categories of wildlife whose population is at
risk of extinction;
National Integrated Protected Areas
System
Definition of terms

am)Wetlands refers to wide variety of inland habitats such

as marshes, peatlands, floodplains, rivers and lakes,
and coastal areas such as saltmarshes, mangroves,
intertidal mudfats and seagrass beds, and also coral
reefs and other marine areas no deeper than six (6)
meters at low, as well as human-made wetlands such as
dams, reservoirs, rice paddies and wastewater treatment
ponds and lagoons;
an) Wildlife refers to the wild forms and varieties of flora
and fauna, in all developmental stages, including those
who which are in capacity or are being bred, fed, or
propagated; and
National Integrated Protected Areas
System
Definition of terms

ao) Wildlife Sanctuary - refers to an area which assures

the natural conditions necessary to protect nationally
significant species, group of species, biotic
communities or physical features of the environment
which may require specific human manipulations for
their perpetuation.
(Section 4, RA 7586, as amended by RA 11038)
National Integrated Protected Areas
System
Establishment of the system

The establishment of the system involves the following:

a. Designation of the following as Initial Components of

the system: 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
(Section 5, RA 7586, as amended by RA 11038)
National Integrated Protected Areas
System
Establishment of the system

The initial components of the System shall be governed by

existing laws, rules, and regulations, not inconsistent with
this NIPAS Act.
(Section 5, RA 7586, as amended by RA 11038)
National Integrated Protected Areas
System
Establishment of the system

To be included as such initial component, a specific area

should have been previously 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.

(PICOP Resources, Inc. v. Base Metals Mineral Resources

Corp., GR No. 163509, December 6, 2006.)
National Integrated Protected Areas
System
Establishment of the system

PICOP Resources, Inc. v. Base Metals Mineral Resources

Corp., GR No. 163509, December 6, 2006.
In this case, PICOP was questioning the validity of the
Mineral Production Sharing Agreement (MPSA) granted
by the government to Base Metals on the ground that part
of it falls within an area whose status and clearances state
that it is within the wilderness area of PICOP such that the
conduct of activity therein by Base Metals pursuant to its
MPSA is one of the prohibited acts of Section 20 of NIPAS
Act.
National Integrated Protected Areas
System
Establishment of the system

PICOP Resources, Inc. v. Base Metals Mineral Resources

Corp., GR No. 163509, December 6, 2006.
Ruling: Although the area status and clearances, particularly
those pertaining to MPSA Nos. 012 and 013, state that portions
thereof are within the wildnerness area of PICOP, there is no
showing that this supposed wilderness area had been
proclaimed, designated or set aside as such, pursuant to law,
presidential decree, presidential proclamation or executive
order. It should be emphasized that it is only when this area has
been so designated that Sec. 20 of RA 7586, which prohibits
mineral locating within protected areas, becomes operational.
National Integrated Protected Areas
System
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.
(Section 8, RA 7586, as amended by RA 11038)
National Integrated Protected Areas
System
Buffer zones

Prescriptions for the management of buffer zones shall be

included as component of the individual protected area
management plan.
(Section 9, RA 7586, as amended by RA 11038)
National Integrated Protected Areas
System
Management plans

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.
(Section 9, RA 7586, as amended by RA 11038)
National Integrated Protected Areas
System
Management plans

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.
(Section 9, RA 7586, as amended by RA 11038)
National Integrated Protected Areas
System
Management plans

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, socioeconomic and scientific researches, site-
specific policy development, climate change adaptation
and mitigation, disaster risk reduction and management,
waste sewerage and septic management, and gender and
development, among others.
(Section 9, RA 7586, as amended by RA 11038)
National Integrated Protected Areas
System
Management plans

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 Right Act of 1997', the respective Compreshensive
Land Use Plans (CLUPs) of local governments required
under Republic Act No. 7160 or the 'Local Government
Code of 1991' and other local plans.“

(Section 9, RA 7586, as amended by RA 11038)

National Integrated Protected Areas
System
Administration and Management of the System

NIPAS is placed under the control and administration of

the DENR through its Biodiversity Management Bureau
(BMB)

(Section 10, RA 7586, as amended by RA 11038)

National Integrated Protected Areas
System
Administration and Management of the System

In the exercise of the power of control and administration,

the DENR Secretary may:
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;
National Integrated Protected Areas
System
Administration and Management of the System

In the exercise of the power of control and administration,

the DENR Secretary may:
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), its collection of fees, and disbursements from the
IPAF
National Integrated Protected Areas
System
Administration and Management of the System

In the exercise of the power of control and administration,

the DENR Secretary may:
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 bequest of money for
immediate disbursements or other property in the interest of
the NIPAS, its activities or its services;
National Integrated Protected Areas
System
Administration and Management of the System

In the exercise of the power of control and administration,

the DENR Secretary may:
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 on the status of protected
areas in the country;
National Integrated Protected Areas
System
Administration and Management of the System

In the exercise of the power of control and administration,

the DENR Secretary may:
l. Oversee and set guidelines in the construction, operations
and maintenance of roads, trails, waterworks, sewerage
systems, fire protection, 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 area/s occupied by tenured migrants
and indigenous communities; and
National Integrated Protected Areas
System
Administration and Management of the System

In the exercise of the power of control and administration,

the DENR Secretary may:
n. Perform such other functions as may be directed by the
President of the Republic of the Philippines, and to do cuh
acts as may be necessary to the accomplishment of the
purposes and objectives of the System.

(Section 10, RA 7586, as amended by RA 11038)

National Integrated Protected Areas
System
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.
(Section 11, RA 7586, as amended by RA 11038)
National Integrated Protected Areas
System
Protected Area Management Board (PAMB)

Composition of the PAMB:

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 rotected
area is located or a duly authorized representative, unless
the Senator declines membership in the PAMB

(Section 11, RA 7586, as amended by RA 11038)

National Integrated Protected Areas
System
Protected Area Management Board (PAMB)

Composition of 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;
(Section 11, RA 7586, as amended by RA 11038)
National Integrated Protected Areas
System
Protected Area Management Board (PAMB)

Composition of the PAMB:

f. Chairpeson/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);
(Section 11, RA 7586, as amended by RA 11038)
National Integrated Protected Areas
System
Protected Area Management Board (PAMB)

Composition of the PAMB:

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 (3) representatives
from all the IPs/ICCs present in the area and recognized by
the National Commission on Indigenous Peoples (NCIP);
(Section 11, RA 7586, as amended by RA 11038)
National Integrated Protected Areas
System
Protected Area Management Board (PAMB)

Composition of the PAMB:

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 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.
(Section 11, RA 7586, as amended by RA 11038)
National Integrated Protected Areas
System
Powers and functions of PAMB
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;
(Section 11-A, RA 7586, as amended by RA 11038)
National Integrated Protected Areas
System
Powers and functions of PAMB
e. Recommend the deputation of appropriate agencies and
individuals for the enforcement of the laws, rules and
regulations governing the management of 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 the existing
guidelines;
h. Issue rules and regulations for the resolution of conflicts
through appropriate and effective means;
(Section 11-A, RA 7586, as amended by RA 11038)
National Integrated Protected Areas
System
Powers and functions of PAMB
i. Recommend appropriate policy changes to the DENR and
other governing authorities;
j. Monitor and assess the performance of the 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
(Section 11-A, RA 7586, as amended by RA 11038)
National Integrated Protected Areas
System
Powers and functions of PAMB
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:
National Integrated Protected Areas
System
Powers and functions of PAMB
l. …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 the
resolutions issued by the PAMB and the existing
administrative orders of national application, the latter shall
prevail.
(Section 11-A, RA 7586, as amended by RA 11038)
National Integrated Protected Areas
System
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.
(Section 11-B, RA 7586, as amended by RA 11038)
National Integrated Protected Areas
System
Duties and responsibilities of a PASU
1. Prepare the management plan, in consultation with the
stakeholders, including the annual work and financial plans
and ensure its implementation;
2. Ensure the integration of the protected area management
plans, programs, projects, and policies with relevant
national and LGUs' plans and programs;
3. Provide secretariat services to the PAMB and its committees
and ensure the availability of relevant and timely
information for decision-making;

(Section 11-B, RA 7586, as amended by RA 11038)

National Integrated Protected Areas
System
Duties and responsibilities of a PASU
4. Formulate and recommend to the PAMB proposed policies,
rules, regulations, and programs;
5. Establish, operate, and maintain a database management
system which shall be an important basis for decision-
making;
6. 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;
(Section 11-B, RA 7586, as amended by RA 11038)
National Integrated Protected Areas
System
Duties and responsibilities of a PASU
7. Monitor, evaluate, and report the implementation of
management activities of protected area;
8. 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;

(Section 11-B, RA 7586, as amended by RA 11038)

National Integrated Protected Areas
System
Duties and responsibilities of a PASU
9. 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 PAMS: 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;
(Section 11-B, RA 7586, as amended by RA 11038)
National Integrated Protected Areas
System
Duties and responsibilities of a PASU
10. 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;
11. Prepare and recommend to the management plan; and
12. Perform such other functions as the PAMB and the DENR
may assign.(Section 11-B, RA 7586, as amended by RA
11038)
National Integrated Protected Areas
System
Environmental Impact Assessment
All development projects and activities with potentially
significant adverse impacts as determined by the
Environmental Management Bureau (EMB) may only be
allowed within protected areas after securing an Environmental
Compliance Certificate (ECC) in accordance with the
Philippine Environment Impact Statement (EIS).
• Whether or not these activities are included in the
management plan
• For activities that are not environmentally critical, an initial
environmental examination (IEE) shall be undertaken
instead of a full-blown EIA
• Prior clearance from PAMB is required
(Section 12, RA 7586 as amended by RA 11038)
National Integrated Protected Areas
System
Ancestral domain and customary rights
• 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.
National Integrated Protected Areas
System
Ancestral domain and customary rights
• 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.
(Section 13, RA 7586 as amended by RA 11038).
National Integrated Protected Areas
System
Ancestral domain and customary rights
• The ICC/IP concerned shall govern, maintain, develop,
protect, and conserve ancestral territories covered by
CADT/CALT that share common areas with protected areas
in accordance with their ADSDPP or Community
Conservation Plan (CCP), except upon submission to the
DENR of written notice of their intent to co-manage with or
relinquish management to the PAMB.
(Rule 13.2, DAO 2019-05).
National Integrated Protected Areas
System
Energy sources
• 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.
(Section 14, RA 7586 as amended by RA 11038).
National Integrated Protected Areas
System
Energy sources
• 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.
(Section 14, RA 7586 as amended by RA 11038).
National Integrated Protected Areas
System
Energy sources
• Renewable energy projects may be allowed within the
protected area by the PAMB with the concurrence of the
DENR Secretary.
• 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
(Section 14, RA 7586 as amended by RA 11038).
National Integrated Protected Areas
System
Energy sources
• 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.
(Section 14, RA 7586 as amended by RA 11038).
National Integrated Protected Areas
System
Prohibited acts
1. Poaching, killing, destroying, disturbing of any wildlife
including in private lands within the protected area;

(Section 20, RA 7586 as

amended by RA 11038).

Photo by Debapriya Chakraborty from Pexels

National Integrated Protected Areas
System
Prohibited acts
2. 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
exemptions provided under Section 27(a) of Republic Act
No. 9147 (Wildlife Resources, Conservation and Protection
Act) or harvests of non-protected species in multiple-use
zones by tenured migrants and IPs;

(Section 20, RA 7586 as amended by RA 11038).

National Integrated Protected Areas
System
Prohibited acts
3. 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 acts are done in accordance with the duly
recognized practices of the IPs/ICCs for subsistence
purposes;
4. 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;
(Section 20, RA 7586 as amended by RA 11038).
National Integrated Protected Areas
System
Prohibited acts
5. 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;

(Section 20, RA 7586 as amended by RA 11038).

National Integrated Protected Areas
System
Prohibited acts
6. 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 Waste Control Act of 1990'
detrimental to the protected area, or to the plants and animals
or inhabitants therein;

(Section 20, RA 7586 as amended by RA 11038).

National Integrated Protected Areas
System
Prohibited acts
7. 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;
8. Altering, removing, destroying or defacing boundary marks
or signs;
9. Engaging in 'kaingin' or, any manner, causing forest fires
inside the protected area;

(Section 20, RA 7586 as amended by RA 11038).

National Integrated Protected Areas
System
Prohibited acts
10. 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;
11. Damaging and leaving roads and trails in damaged
condition;
12. Littering or depositing refuse or debris on the ground or in
bodies of water;
13. Possessing or using blasting caps or explosives anywhere
within the protected area;
(Section 20, RA 7586 as amended by RA 11038).
National Integrated Protected Areas
System
Prohibited acts
14. Occupying or dwelling in any public land within the
protected area without clearance from the PAMB;
15. 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;
16. Undertaking mineral exploration or extraction within the
protected area;

(Section 20, RA 7586 as amended by RA 11038).

National Integrated Protected Areas
Prohibited acts System
17. Engaging in commercial or large-scale quarrying within the
protected area;
18. Establishing or introducing exotic species, including GMOs
or invasive alien species within the protected area;
19. 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
(Section 20, RA 7586 as amended by RA 11038).
National Integrated Protected Areas
Prohibited acts System
20. Prospecting, hunting or otherwise locating hidden treasure
within the protected area;
21. Purchasing or selling, mortgaging or leasing lands or other
portions of the protected area which are covered by any
tenurial instrument; and
22. Constructing any permanent structure within the 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."
(Section 20, RA 7586 as amended by RA 11038).
National Integrated Protected Areas
System
Case:
Land within a protected area is inalienable. The illegal
possession or sale of rights of portions thereof is prohibited
under the rules and regulations implementing the NIPAS Act.

(Cham v. Pizarro, A.C. No. 5499, August 16, 2005).

National Integrated Protected Areas
System
Cham v. Pizarro, A.C. No. 5499, August 16, 2005
• Sometime in July 1995, Emelita Cañete (Cañete), Elenita
Alipio (Alipio), and now deceased Mario Navarro (Navarro)
who was then the Municipal Assessor of Morong, Bataan,
offered for sale to Wilson Po Cham (complainant) a parcel of
land with an area of approximately forty (40) hectares,
identified as Lot 1683 of Cad. Case No. 262, situated at Sitio
Gatao, Nagbalayong, Morong, Bataan (the property).
National Integrated Protected Areas
System
Cham v. Pizarro, A.C. No. 5499, August 16, 2005
• Complainant having expressed interest in the offer, Cañete
and Navarro arranged a meeting between him and Atty.
Edilberto D. Pizarro (Respondent) at the latter’s residence in
Balanga, Bataan1 where respondent categorically represented
to him that the property being offered for sale was alienable
and disposable.
National Integrated Protected Areas
Cham v. Pizarro, A.C. No. 5499, August 16, 2005 System
• Respondent in fact presented to Complainant:
1. Real Property Tax Order of Payment3 dated July 10, 1995
covering the property signed by Edna P. Pizarro as
Municipal Treasurer and Navarro as Municipal Assessor;
2. Deed of Absolute Sale dated July 25, 1995 purportedly
executed by the alleged previous actual occupant of the
property, one Jose R. Monzon (Monzon), in favor of
Virgilio Banzon (Banzon), Rolando B. Zabala (Zabala) and
respondent for an agreed consideration of ₱500,000.00; and
3. Special Power of Attorney dated July 25, 1995 executed by
Banzon and Zabala authorizing Respondent to sell rights to
the property
National Integrated Protected Areas
Cham v. Pizarro, A.C. No. 5499, August 16, 2005System
• On August 21, 1995, respondent executed a Deed of
Absolute Sale over the property in favor of the Complainant
for the sum of ₱3,372,533.00 which he eventually paid.
• Upon investigation, Complainant discovered that the
property is not an alienable or disposable land susceptible of
private ownership. He thus secured a Certification from the
Community Environment and Natural Resources Office
(CENRO) in Bagac, Bataan of the Department of
Environment and Natural Resources (DENR) dated July 2,
1998, which says that said lands fall within the Bataan
Natural Park per L.C. Map/N.P. Map No. 34 as certified on
December 1, 1945 and is not subject for disposition.
National Integrated Protected Areas
Cham v. Pizarro, A.C. No. 5499, August 16, 2005System
• On August 21, 1995, respondent executed a Deed of
Absolute Sale over the property in favor of the Complainant
for the sum of ₱3,372,533.00 which he eventually paid.
• Upon investigation, Complainant discovered that the
property is not an alienable or disposable land susceptible of
private ownership. He thus secured a Certification from the
Community Environment and Natural Resources Office
(CENRO) in Bagac, Bataan of the Department of
Environment and Natural Resources (DENR) dated July 2,
1998, which says that said lands fall within the Bataan
Natural Park per L.C. Map/N.P. Map No. 34 as certified on
December 1, 1945 and is not subject for disposition.
National Integrated Protected Areas
System
Cham v. Pizarro, A.C. No. 5499, August 16, 2005
• Despite repeated demands, respondent refused to return the
purchase price of the rights over the property.
• In his present complaint for disbarment dated September 10,
2001, complainant charges respondent to have violated his
oath as a member of the Bar in committing manifest
falsehood and evident misrepresentation by employing
fraudulent means to lure him into buying rights over the
property which property he represented to be disposable and
alienable.
National Integrated Protected Areas
System
Cham v. Pizarro, A.C. No. 5499, August 16, 2005
Ruling:
• The Court found Respondent guilty of deceit.
• In the case at bar, complainant presented certifications from
the DENR that the property is part of the public domain and
not disposable as it is within the Bataan National Park.
Indeed, by virtue of Proclamation No. 2445 issued on
December 1, 1945, all properties of the public domain
therein designated as part of the Bataan National Park were
withdrawn from sale, settlement or other disposition, subject
to private rights.
National Integrated Protected Areas
System
Cham v. Pizarro, A.C. No. 5499, August 16, 2005
Ruling:
• On the other hand, respondent has utterly failed to
substantiate his documented claim of having irrevocable
rights and interests over the property which he could have
conveyed to complainant. E.g., he could have presented any
document issued by the government conferring upon him
and his alleged co-owners, or even upon his alleged
predecessors-in-interest, with any such right or interest, but
he presented none. He merely presented a Deed of Absolute
Sale purportedly executed by a certain Jose R. Monzon in
his, Banzon’s and Zabala’s favor on July 25, 1995, a month
shy of the execution on August 21, 1995 of the Deed of
Absolute Sale in favor of complainant.
National Integrated Protected Areas
System
Penalties for violations of NIPAS Act
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 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
National Integrated Protected Areas
System
Penalties for violations of NIPAS Act
b) A fine of not less than Two hundred thousand pesos
(200,000) but not more than One million pesos
(P1,000,000) or imprisonment from one (1) year but not
more than six years, or both, shall be imposed upon any
person who violates paragraphs (f) to (p) of Section 20;
National Integrated Protected Areas
Penalties for violations of NIPAS Act System
c) 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;
National Integrated Protected Areas
System
Penalties for violations of NIPAS Act
d) Administrative fines of not less that 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 damage, which payment
shall accrue to the IPAF.;
National Integrated Protected Areas
System
Penalties for violations of NIPAS Act
• 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.
National Integrated Protected Areas
System
Penalties for violations of NIPAS Act
• 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.
National Integrated Protected Areas
System
Penalties for violations of NIPAS Act
• The conveyance, 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, Conveyance 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. (See more…)
National Integrated Protected Areas
System
Penalties for violations of NIPAS Act
• Valuation of the damages 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 the
preponderance of evidence.
National Integrated Protected Areas
System
Penalties for violations of NIPAS Act
• 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.
National Integrated Protected Areas
System
Penalties for violations of NIPAS Act
• Any person who shall induce another or conspire to commit
any of the acts prohibited in this Act, or firce 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.
National Integrated Protected Areas
System
Penalties for violations of NIPAS Act
• 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.
National Integrated Protected Areas
System

END