Article 152p. 152

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

traditions and other distinctive cultural traits and who

have since time immemorial, occupied, possessed and

utilized a territory;

5. “National park” refers to a forest reservation essentially

of

natural

wilderness

character

which

has

been

withdrawn from settlement, occupancy or any form of

exploitation

except

in

conformity

with

approved

management plan and set aside as such exclusively to

conserve the area or preserve the scenery, the natural

and historic objects, wild animals and plants therein and

to provide enjoyment of these features in such areas;

6. “Natural monuments” is a relatively small area focused

on protection of small features to protect or preserve

nationally significant natural features on account of their

special interest or unique characteristics;

7. “Natural biotic area” is 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;

8. “Natural park” is a relatively large area not materially

altered by human activity where extractive resource uses

are not allowed and maintained to protect outstanding

natural and scenic areas of national or international

significance for scientific, educational and recreational

use;

9. “Protected landscapes/seascapes” are areas of national

significance which are characterized by the harmonious

interaction

of

man

and

land

while

providing

opportunities

for

public

enjoyment

through

the

recreation and tourism within the normal lifestyle and

economic activity of these areas;

10. “Resource reserve” is an extensive and relatively

isolated and uninhabited area normally with difficult

access designated as such to protect natural resources

of

the area for future use and prevent or contain

development activities that could affect the resource

pending

the

establishment of objectives which are

based upon appropriate knowledge and planning;

11. “Strict nature reserve” is an area possessing some

outstanding ecosystem, features and/or species of flora

and fauna of national scientific importance maintained

to

protect

nature

and

maintain

processes

in

an

undisturbed

state

in

order

to

have

ecologically

representative examples of the natural environment

available for scientific study, environmental monitoring,

education, and for the maintenance of genetic resources

in a dynamic and evolutionary state;

12. “Tenured migrant communities” are communities

within

protected

areas

which

have

actually

and

continuously occupied such areas for five (5) years before

the designation of the same as protected areas in

accordance with this Act and are solely dependent

therein for subsistence; and

13. “Wildlife sanctuary” comprises an area which assures

the natural conditions necessary to protect nationally

significant

species,

groups

of

species,

biotic

communities or physical features of the environment

where these may require specific human manipulations

for their perpetuation.

SECTION 5.Establishment and Extent of the System – The

establishment and operationalization of the System shall

involve the following:

1. 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;

2. Within one (1) year from the effectivity of this Act, the

DENR shall submit to the Senate and the House of

Representatives a map and legal descriptions or natural

boundaries of each protected area initially comprising

the System. Such maps and legal description shall, by

virtue of this Act, constitute the official documentary

representation of the entire System, subject to such

changes as Congress deems necessary;

3. All DENR records pertaining to said protected areas,

including

maps

and

legal

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)

where NIPAS areas are located;

4. Within three (3) years from the effectivity of this Act,

the DENR shall study and review each area tentatively

composing

the

System

as

to

its

suitability

or

non-suitability for preservation as protected area and

inclusion in the System according to the categories

established in Section 3 hereof and report its findings to

the President as soon as each study is completed. The

study must include in each area:

1. A forest occupants survey;

2. An ethnographic study;

3. A protected area resource profile;

4.

Land

use

plans

done

in

coordination

with

the

respective Regional Development Councils; and

5. Such other background studies as will be sufficient

bases for selection.

The DENR shall:

1.

Notify

the

public

of

proposed

action

through

publication in a newspaper of general circulation, and

such other means as the System deems necessary in the

area or areas in the vicinity of the affected land thirty (30)

days prior to the public hearing;

i.Conduct public hearings at the locations nearest to the

area affected;

ii. At least thirty (30) days prior to the date of hearing,

advise all Local Government Units (LGUs) in the affected

areas,

national

agencies

concerned,

people’s

organizations and non-government organizations and

invite

such

officials

to

submit

their

views

on

the

proposed action at the hearing not later than thirty (30)

days following the date of hearing; and

iii.Give due consideration to the recommendations at the

public hearing; and provide sufficient explanation for his

recommendations contrary to the general sentiments

expressed in the public hearing;

2. Upon receipt of the recommendations of the DENR,

the President shall issue a presidential proclamation

designating the recommended areas as protected areas

© 2018 Compiled by RGL

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