Article 154p. 154

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

may be necessary to accomplish the objectives and

activities of the System;

k. To submit an annual report to the President of the

Philippines and to Congress on the status of protected

areas in the country;

l.To establish a uniform marker of the System, including

an appropriate and distinctive symbol for each category

in

the

System,

in

consultation

with

appropriate

government

agencies

and

public

and

private

organizations;

m.To determine the specification of the class, type and

style of buildings and other structures to be constructed

in protected areas and the materials to be used;

n. Control the construction, operation and maintenance

of roads, trails, waterworks, sewerage, fire protection,

and sanitation systems and other public utilities within

the protected area;

o.

Control

occupancy

of

suitable

portions

of

the

protected area and resettle outside of said area forest

occupants therein, with the exception of the members of

indigenous communities area; and

p. To perform such other functions as may be directed by

the President of the Philippines, and to do such acts as

may be necessary or incidental to the accomplishment

of the purpose and objectives of the System.

SECTION

11.Protected Area Management Board. – A

Protected Area Management Board for each of the

established protected area shall be created and shall be

composed

of the following: The Regional Executive

Director under whose jurisdiction the protected area is

located; one (1) representative from the autonomous

regional

government,

if

applicable;

the

Provincial

Development Officer; one (1) representative from the

municipal government; one (1) representative from each

barangay

covering

the

protected

area;

one

(1)

representative from each tribal community, if applicable;

and,

at

least

three

(3)

representatives

from

non-government

organizations/local

community

organizations, and if necessary, one (1) representative

from

other

departments

or

national

government

agencies involved in protected area management.

The Board shall, by a majority vote, decide the allocations

for

budget,

approve

proposals

for

funding,

decide

matters relating to planning, peripheral protection and

general administration of the area in accordance with

the general management strategy. The members of the

Board shall serve for a term of five (5) years without

compensation, except for actual and necessary traveling

and subsistence expenses incurred in the performance

of their duties. They shall be appointed by the Secretary

of the DENR as follows:

a. A member who shall be appointed to represent each

local

government

down

to

barangay

level

whose

territory or portion is included in the protected area.

Each appointee shall be the person designated by the

head of such LGU, except for the Provincial Development

Officer who shall serve ex officio;

b. A member from non-government organizations who

shall be endorsed by heads of organizations which are

preferably based in the area or which have established

and recognized interest in protected areas;

c. The RED/s in the region/s where such protected area

lies shall sit as ex officio member of the Board and shall

serve as adviser/s in matters related to the technical

aspect of management of the area; and

d. The RED shall act as chairman of the Board. When

there are two (2) or more REDs in the Board, the

Secretary shall designate one (1) of them to be the

Chairman. Vacancies shall be filled in the same manner

as the original appointment.

SECTION

12.Environmental

Impact

Assessment.

–

Proposals for activities which are outside the scope of

the management plan for protected areas shall be

subject

to

an environmental impact assessment as

required by law before they are adopted, and the results

thereof

shall

be

taken

into

consideration

in

the

decision-making process.

No actual implementation of such activities shall be

allowed without the required Environmental Compliance

Certificate (ECC) under the Philippine Environmental

Impact Assessment (EIA) system. In instances where

such

activities

are

allowed

to

be

undertaken,

the

proponent shall plan and carry them out in such manner

as will minimize any adverse effects and take preventive

and remedial action when appropriate. The proponent

shall be liable for any damage due to lack of caution or

indiscretion.

SECTION 13.Ancestral Lands and Rights Over Them. –

Ancestral

lands

and

customary

rights

and

interest

arising shall be accorded due recognition. The DENR

shall prescribe rules and regulations to govern ancestral

lands within protected areas: Provided, that the DENR

shall have so power to evict indigenous communities

from their present occupancy nor resettle them to

another area without their consent: Provided, however,

That

all

rules

and

regulations,

whether

adversely

affecting said communities or not, shall be subjected to

notice and hearing to be participated in by members of

concerned indigenous community.

SECTION 14.Survey for Energy Resources. – Consistent

with the policies declared in Section 2 hereof, protected

areas, except strict nature reserves and natural parks,

may be subjected 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 of such surveys shall be made available to the

public

and

submitted

to

the

President

for

recommendation

to

Congress.

Any exploitation and

utilization of energy resources found within NIPAS areas

shall be allowed only through a law passed by Congress.

SECTION 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, prior to the

passage of this Act, remain in the said department or

government

instrumentality;

Provided,

That

the

department or government instrumentality exercising

administrative jurisdiction over said protected area or a

portion thereof shall coordinate with the DENR in the

preparation

of

its

management

plans,

upon

the

effectivity of this Act.

SECTION 16. Integrated Protected Areas Fund. — There is

hereby

established

a

trust

fund

to

be

known

as

Integrated Protected Areas Fund (IPAF) for purposes of

financing projects of the System. The IPAF may solicit

and receive donations, endowments, and grants in the

form of contributions, and such endowments shall be

exempted from income or gift taxes and all other taxes,

charges or fees imposed by the Government or any

political subdivision or instrumentality thereof.

All incomes generated from the operation of the System

or management of wild flora and fauna shall accrue to

the Fund subject to the retention by the Board of each

© 2018 Compiled by RGL

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