Ra 7586, Nipas Act
Ra 7586, Nipas Act
Ra 7586, Nipas Act
SECTION 1. Title – This Act shall be known and referred to as the “National
Integrated Protected Areas System Act of 1992”.
It is hereby recognized that these areas, although distinct in features, posses common
ecological values that may be incorporated into a holistic plan representative of our
natural heritage; that effective administration of this area is possible only through
cooperation among national government, local government and concerned private
organizations; that the use and enjoyment of these protected areas must 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 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”.
SECTION 3. Categories – The following categories of protected areas are hereby
established:
Page 1 of 9
h. Other categories established by law, conventions or international agreements
which the Philippine Government is a signatory.
SECTION 4. Definition of Terms – For purposes of this Act, the following terms
shall be defined as follows:
2. “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;
3. “Buffer zones” are identified areas outside the boundaries of and immediately
adjacent to designated protected areas pursuant to Section 8 that need special
development control in order to avoid or minimize harm to the protected area;
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;
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
Page 2 of 9
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:
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.
Page 3 of 9
The DENR shall:
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 and
providing for measures for their protection until such time when Congress shall have
enacted a law finally declaring such recommended areas as part of the integrated
protected area systems; and
3. Thereafter, the President shall send to the Senate and the House of Representatives
his recommendations with respect to the designations as protected areas or
reclassification of each area on which review has been completed, together with maps
and legal description of boundaries. The President, in his recommendation, may
propose the alteration of existing boundaries of any or all proclaimed protected areas,
addition of any contiguous area of public land of predominant physical and biological
value. Nothing contained herein shall limit the President to propose, as part of his
recommendation to Congress, additional areas which have not been designated,
proclaimed or set aside by law, presidential decree, proclamation or executive orders as
protected area/s.
SECTION 8. Buffer Zones. – For each protected area, there shall be established
peripheral buffer zones when necessary, in the same manner as Congress establishes
the protected area, to protect the same from activities that will directly and indirectly
harm it. Such buffer zones shall be included in the individual protected area
management plan that shall prepared for each protected area. The DENR shall exercise
Page 4 of 9
its authority over protected areas as provided in this Act on such area and designated
as buffer zones.
Each component area of the System shall be planned and administered to further
protect and enhance the permanent preservation of its natural conditions. A
management manual shall be formulated and developed which must contain the
following: an individual management plan prepared by three (3) experts, basic
background information, field inventory of the resources within the area, an assessment
of assets and limitations, regional interrelationships, particular objectives for managing
the area, appropriate division of the area into management zones, a review of the
boundaries of the area, and a design of the management programs.
To carry out the mandate of this Act, the Secretary of the DENR is empowered to
perform any and all of the following acts:
b. To adopt and enforce a land use scheme and zoning plan in adjoining areas for
the preservation and control of activities that may threaten the ecological balance in the
protected areas;
c. To cause the preparation of and exercise the power to review all plans and
proposals for the management of protected areas;
d. To promulgate rules and regulations necessary to carry out the provisions of this
Act;
e. To deputize field officers and delegate any of his powers under this Act and
other laws to expedite its implementation and enforcement;
Page 5 of 9
f. To fix and prescribe reasonable NIPAS fees to be collected from government
agencies or any person, firm or corporation deriving benefits from the protected areas;
g. To exact administrative fees and fines as authorized in Section 21 for violation of
guidelines, rules and regulations of this Act as would endanger the viability of protected
areas;
h. To enter into contracts and/or agreements with private entities or public
agencies as may be necessary to carry out the purposes of this Act;
i. To 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;
k. To submit an annual report to the President of the Philippines and to Congress
on the status of protected areas in the country;
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;
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.
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
Page 6 of 9
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;
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 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.
Page 7 of 9
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.
All incomes generated from the operation of the System or management of wild flora
and fauna shall accrue to the Fund and may be utilized directly by the DENR for the
above purpose. These incomes shall be derived from:
a. Taxes from the permitted sale and export of flora and fauna and other resources
from protected areas;
c. Contributions from industries and facilities directly benefiting from the protected
area; and
d. Such other fees and incomes derived from the operation of the protected area.
Disbursements from the Funds shall be made solely for the protection, maintenance,
administration, and management of the System, and duly approved projects endorsed
by the PAMBs, in the amounts authorized by the DENR.
SECTION 18. Field Officers. – All officials, technical personnel and forest guards
employed in the integrated protected area service or all persons deputized by the
DENR, upon recommendation of the Management Board shall be considered as field
officers and shall have the authority to investigate and search premises and buildings
and make arrests in accordance with the rules on criminal procedure for the violation of
laws and regulations relating to the protected areas. Persons arrested shall be brought
to the nearest police precinct for investigation.
Nothing herein mentioned shall be construed as preventing regular law enforcers and
police officers from arresting any person in the act of violating said laws and regulations.
SECTION 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:
b. Dumping of any waste products detrimental to the protected area, or to the
plants and animals or inhabitants therein;
Page 8 of 9
c. Use of any motorized equipment without a permit from the Management Board;
SECTION 21. Penalties. – Whoever violates this Act or any rules and regulations
issued by the Department pursuant to this Act or whoever is found guilty by a competent
court of justice of any of the offenses in the preceding section shall be fined in the
amount of not less than Five thousand pesos (P5,000) nor more than Five hundred
thousand pesos (P500,000), exclusive of the value of the thing damaged or
imprisonment for not less than one (1) year but not more than six (6) years, or both, as
determined by the court: Provided, that, if the area requires rehabilitation or restoration
as determined by the court, the offender shall be required to restore or compensate for
the restoration to the damages: Provided, further, that court shall order the eviction of
the offender from the land and the forfeiture in favor of the Government of all minerals,
timber or any species collected or removed including all equipment, devices and
firearms used in connection therewith, and any construction or improvement made
thereon by the offender. If the offender is an association or corporation, the president or
manager shall be directly responsible for the act of his employees and laborers:
Provided, finally, that the DENR may impose administrative fines and penalties
consistent with this Act.
SECTION 22. Separability Clause. – If any part or section of this Act is declared
unconstitutional, such declaration shall not affect the other parts or sections of this Act.
SECTION 23. Repealing Clause. – All laws, presidential decrees, executive orders,
rules and regulations inconsistent with any provisions of this Act shall be deemed
repealed or modified accordingly.
SECTION 24. Effectivity Clause. – This Act shall take effect fifteen (15) days after
its complete publication in two (2) newspapers of general circulation.
Page 9 of 9