Verde Island Passage Protected Seascape (Vipps) Act

Offter of tha TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session ) 25 AUG -4 P1:45 SENATE RECEIVIO 3 S. No._ Introduced by Senator Loren Legarda AN ACT DECLARING THE VERDE ISLAND PASSAGE IN THE PROVINCES OF BATANGAS, MARINDUQUE, OCCIDENTAL MINDORO, ORIENTAL MINDORO, ROMBLON AND QUEZON, A PROTECTED AREA WITH THE CATEGORY OF PROTECTED SEASCAPE UNDER THE NATIONAL INTEGRATED PROTECTED AREAS SYSTEM (NIPAS), TO BE REFERRED TO AS THE VERDE ISLAND PASSAGE PROTECTED SEASCAPE, PROVIDING FOR ITS MANAGEMENT, AND APPROPRIATING FUNDS EXPLANATORY NOTE The 1987 Philippine Constitution mandates the State to protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. It also classifies national parks as lands of the public domain and mandates that once established, these parks shall be conserved and may not be increased or diminished except by law. These constitutional provisions underpin the development of the country's environmental and conservation policies and laws, especially the creation of protected areas. To implement these provisions, Congress enacted Republic Act No. 7586, known as the National Integrated Protected Areas System (NIPAS) Act of 1992. This landmark law institutionalized a legal framework for managing ecologically important areas, ensuring the perpetual existence of all native plants and animals through the establishment of a comprehensive system of protected areas. The Act was later amended by Republic Act No. 11038, or the Expanded NIPAS Act of 2018, which declared additional sites as legislated protected areas and enhanced the mechanisms for their governance and protection.

As of June 2025, the Philippines has a total of 117 legislated protected areas covering 4,436,519.94 hectares. In addition, 13 areas have been proclaimed as protected by the President, encompassing 1,105,465.98 hectares. There are also 121 areas categorized as remaining initial components under the NIPAS, covering 2,258,174.27 hectares. Ecological Significance and Biodiversity The Verde Island Passage (VIP) is globally recognized as a critical hotspot of marine biodiversity. A landmark study by Carpenter and Springer (2005) identified the VIP as the "center of the center" of global marine shorefish diversity, with a record 1,736 species overlapping in a single 10 km x 10 km area between Mindoro and Luzon; the highest such concentration in the world. 1 In 2018, a spatial prioritization analysis conducted by Asaad et al. confirmed the VIP as one of the seven most important biodiversity areas in the Coral Triangle, alongside Sulawesi, Ambon, and Raja Ampat.? This finding highlights its ecological significance in sustaining regional marine life and supports its prioritization in conservation planning. Policy actions have followed scientific evidence. In 2006, Executive Order No. 578 declared the VIP a priority conservation area, mandating national and local agencies to mainstream biodiversity protection and develop a management plan. 3 In 2018, five surrounding provinces-Batangas, Marinduque, Romblon, Oriental Mindoro, and Occidental Mindoro-joined national agencies in petitioning for the VIP's designation as a UNESCO World Heritage Site and its protection as a Fishery Management Area, emphasizing its ecological and cultural value. 4 1 Carpenter, K. E., & Springer, V. G. (2005). The center of the center of marine shore fish biodiversity: Environmental Biology of Fishes, 467-480. https://doi.org/10.1007/s10641-004-3154-4. Retrieved https://www.researchgate.net/publication/227112122_The_center_of_the_center_of_marine_shore_fi sh_biodiversity_The_Philippine_Islands 2 Asaad, I., Lundquist, C. J., Erdmann, M. V., & Costello, M. J. (2018). Delineating priority areas for marine biodiversity conservation in the Coral Triangle. Biological Conservation, 222, 198-211. https://doi.org/10.1016/j.biocon.2018.03.037. Retrieved https://www.sciencedirect.com/science/article/abs/pii/S0006320717310200 3 Office of the President of the Philippines. (2006). Executive Order No. 578: Establishing the national Retrieved from policy biological diversity. July 31, 2025, https://www.fao.org/faolex/results/details/en/c/LEX-FAOC076429 4 Pa-a, S. (2018, September 24). Declaration of Verde Island Passage as World Heritage Site sought. Philippine News Agency. Retrieved on July 31, 2025, from https://www.pna.gov.ph/articles/1048958

Conservation Threats The environmental challenge facing the VIP arises from the concentration of existing and planned liquefied natural gas (LNG) infrastructure in Batangas, which hosts five operational natural gas-fired power plants-Avion, Sta. Rita, San Lorenzo, San Gabriel, and Ilijan-and four of the seven proposed LNG terminals in the country. These LNG projects pose serious ecological risks. Discharges of warmer water used in cooling systems, along with treated brine, can alter thermal conditions, stress coral reefs, and disrupt fish behavior, endangering local fisheries. Monitoring conducted in affected coastal areas has recorded elevated concentrations of pollutants including phosphate, copper, lead, and chromium. On land, forest clearing in project sites has affected areas inhabited by vulnerable tree and bird species, while dust emissions from construction activities have been linked to declining harvests of bananas, custard apples, and other crops. Given its unparalleled marine biodiversity, recognized globally as the "center of the center" of marine shorefish diversity, and its growing vulnerability to ecological degradation from industrial pressures, the Verde Island Passage must be declared a protected area to safeguard its critical ecological functions, sustain regional fisheries, and ensure long-term environmental resilience. In view of the foregoing, the urgent passage of this bill is earnestly sought. LOREN LEGARDA

Wolfier of th TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) AUG -4 P1:45 First Regular Session SENATE RECEIVED B S. No. Introduced by Senator Loren Legarda AN ACT DECLARING THE VERDE ISLAND PASSAGE IN THE PROVINCES OF BATANGAS, MARINDUQUE, OCCIDENTAL MINDORO, ORIENTAL MINDORO, ROMBLON AND QUEZON, A PROTECTED AREA WITH THE CATEGORY OF PROTECTED SEASCAPE UNDER THE NATIONAL INTEGRATED PROTECTED AREAS SYSTEM (NIPAS), TO BE REFERRED TO AS THE VERDE ISLAND PASSAGE PROTECTED SEASCAPE, PROVIDING FOR ITS MANAGEMENT, AND APPROPRIATING FUNDS Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known and referred to as the

2 "Verde Island Passage Protected Seascape (VIPPS) Act".

Sec. 2. Declaration of Policy. - It shall be the declared policy of the State to

4 secure for the Filipino people of present and future generations, the perpetual 5 existence of all plants and animals through the declaration of protected areas under 6 the National Integrated Protected Areas System (NIPAS) within the classification of protected landscape/seascape as provided for in the Constitution. In acknowledgement of the global recognition of the area as the "center of the 9 center of marine shore fish biodiversity" and cognizant of the profound impact of human activities on all components of the natural environment, the Verde Island Passage in the Provinces of Batangas, Occidental Mindoro, Oriental Mindoro, Marinduque, Romblon and Quezon is hereby declared a protected area with the category of Protected Seascape and shall hereinafter be referred to as the Verde Island Passage Protected Seascape.

As such, the State shall ensure the conservation, protection, management and 2 rehabilitation of this globally significant area. It is likewise recognized that effective 3 administration of this area is possible only through cooperation and collaboration among national government agencies, local government units (LGUs), concerned non- government organizations (NGOs), private entities and local communities. The use 6 and enjoyment of this area must be consistent with the principles of biological diversity 7 and sustainable development taking into consideration all applicable laws and 8 international conventions to which the Philippines is a signatory. The State also acknowledges that the Verde Island Passage currently faces 10 serious threats arising from the concentration of existing and proposed liquefied natural gas (LNG) facilities and other fossil fuel infrastructure in and around the area, underscoring the urgency of providing it with legal protection. Towards this end, the State shall promote the Verde Island Passage fostering widespread awareness and concern for the marine environment, and engaging Filipinos in conservation for the same. As such, the State shall undertake comprehensive and holistic capacity building, and communication, education, and 17 1 public awareness campaigns for the benefit of the general public, pursuant of the duty of the State to protect, conserve, and promote the biodiversity, ecosystems, and resources therein.

Sec. 3. Scope and Coverage. - The boundary of the Verde Island Passage

Protected Seascape is more particularly described as the area beginning at a point marked "1" on the map being N 65-28-19 W, 2247.547 meters from PRS'92 Control Monument MMRW-46" with geographic coordinates of 13-53-28.86533" N, 120-2- 47.07852" E, located at Brgy. Cabra (Cabra Island), Lubang, Occidental Mindoro. The point of beginning containing an area of one million seven hundred thousand one hundred eighty (1,700,180) hectares more or less. The technical description of the area shall be provided by National Mapping and Resource Information Authority (NAMRIA).

Sec. 4. Management Zoning. - The Department of the Environment and Natural

Resources (DENR) Secretary, upon the recommendation of the PAMB, shall designate Strict Protection Zones (SPZ) within the VIPPS in areas with significant biodiversity

1 values or habitats of threatened species, based on a comprehensive biodiversity 2 inventory and assessments. The areas outside of the strict protection zone but within the VIPPS shall automatically be designated as the Multiple-Use Zone and will be managed in close coordination with the Fisheries Management Area No. 12, pursuant to Republic Act No. 11038, or the "Expanded NIPAS Act of 2018" amending Republic Act No. 7586, 7 and Republic Act No. 10654 amending Republic Act No. 8550, or the "Philippine Fisheries Code of 1998." The DENR Secretary, also upon recommendation of the Protected Area 10 Management Board (PAMB), may designate areas surrounding the VIPPS 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. Pursuant to the ENIPAS Act of 2018, the DENR, with the assistance of other government agencies, shall delineate and demarcate the VIPPS and its management zones. The PAMB may, upon technical recommendation of the DENR and in accordance with the precautionary principle, require environmental review and clearance for activities located outside the declared boundary of the VIPPS but which pose demonstrable ecological risk to the protected area. This includes areas up to ten (10) kilometers from the boundary when supported by impact or connectivity assessments.

Sec. 5. Management Plan. - 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 research, site-specific policy development, climate change adaptation and mitigation, disaster risk reduction and management, and gender and development, among others. The updating of the Management Plan shall be as prescribed in the ENIPAS Act.

Sec. 6. Creation and Composition of the Verde Island Passage Protected

Seascape Management Board. - There shall be a Verde Island Passage Protected

1 Seascape Management Board (VIPPS PAMB), which shall be the sole policy-making 2 body of the VIPPS. The management and administration of the VIPPS shall be vested in the VIPPS PAMB, as herein provided, and shall be consultative and participatory. It shall be composed of, with reference to the ENIPAS Act, the following: a) DENR Regional Executive Director for Region 4B, to serve as Chairperson; b) DENR Regional Executive Director for Region 4A; c) The Governors of Provinces of Batangas, Marinduque, Occidental Mindoro, Oriental Mindoro, Romblon and Quezon or their duly authorized representative; d) Senators of the Republic of the Philippines who are duly registered residents of the Provinces of Batangas, Marinduque, Occidental Mindoro, Oriental Mindoro, Romblon and Quezon or their duly authorized representative, unless the Senators decline the membership in the PAMB; e) District Representatives of the Congressional District of the Provinces of the VIPPS unless the District Representative/s decline the membership in the PAMB; f) Mayors of the Municipality/ies/City/es with territorial jurisdiction over VIPPS or their duly representative/s; g) Chairpersons of all the barangays with territorial jurisdiction over VIPPS or their duly representative/s; h) Regional Executive Directors of Department of Agriculture Bureau of Fisheries and Aquatic Resources (DA BFAR), the Department of Science and Technology (DOST), the Department of National Defense (DND), the Philippine National Police - Maritime Group, the Department of Tourism (DOT), Department of Energy (DOE), the Department of Communication and Technology (DICT), representatives from the National Economic Development Authority (NEDA) and the Philippine Coast Guard (PCG); i) Four (4) representatives from NGOs or POs duly accredited by the DENR. The NGOs or POs should have been in existence for at least five (5) years and with track record in or related to protected area management;

j) Up to four (4) Representatives from Academic Institutions, preferably from universities or colleges with proven track records in protected area management and research; and k) One (1) representative from the private sector, preferably from the commercial fishing sector and a member of the National Fisheries and Aquatic Resources Management Council. Ex officio members or members of the PAMB by virtue of their elective or appointive government positions as specified in the immediately preceding subparagraphs (a), (b), (c), and (d) shall serve for the duration of their respective 10 terms of office in their respective elective or appointive government positions. On the other hand, the members of the PAMB specified under subparagraphs (e), (f), and (g) of this section shall be appointed by the DENR Secretary after the conduct of a transparent and fair selection process. They shall each serve a term of three (3) years and may be reappointed for another term. The members of the PAMB shall serve without compensation, except for the actual and necessary traveling and subsistence expenses incurred in the performance of their duties, either in their attendance in meetings of the PAMB or in connection with other official business authorized, through a resolution, by the PAMB, subject to existing rules and regulations. Each member shall have the full capacity and accountability for decisions binding to the member's sector. The PAMB members duly appointed prior to the effectivity of this Act shall continue their term until the expiration of their appointment. Thereafter, members of the management board shall be appointed in accordance with the provisions of this Act: Provided, That, the Regional Director of the DENR shall ensure that the relevant members of the PAMB are duly appointed by the DENR Secretary: Provided, further, That, at least forty percent (40%) of the PAMB members shall be women pursuant to Republic Act No. 9710 or "The Magna Carta of Women". A member of the PAMB may be removed for any of the following grounds: a) More than three (3) consecutive unexcused absences from regular meetings of the management board;

b) Commission of acts prejudicial to the management of protected areas as embodied in Section 20 hereof and/or other existing rules and regulations governing protected areas; c) Disassociation from the office or organization being represented; d) Termination of relationship with the office or organization being represented; or e) Conviction by final judgment of any criminal act. The processes for facilitating applications, appointments, and creation of 9 committees of the VIPPS PAMB and its members, as well as the resolution of issues, shall be pursuant to the ENIPAS Act of 2018. To ensure effective decision-making, the PAMB may establish subcommittees with defined mandates for enforcement, science and monitoring, sustainable livelihoods, and indigenous community engagement. The PAMB shall also adopt internal rules of quorum, voting, and conflict resolution.

Sec. 7. Powers and Functions of the VIPPS PAMB. - The VIPPS PAMB shall have

the same powers and functions as defined in Section 11-A. Powers and Functions of the PAMB of the ENIPAS Act of 2018, as follow: 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 national and other development plans, such as the FMA 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; e) Recommend the deputation of appropriate agencies and individuals for the enforcement of the laws, rules and regulations governing the management of the 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 existing guidelines; h) Issue rules and regulations for the resolution of conflicts through appropriate and effective means; i) Recommend appropriate policy changes to the DENR and other government authorities; j) Monitor and assess the performance of the Protected Area Superintendent (PASu) and other 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 1) Assess the effectiveness of the management of the protected area. Provided, That the members of the management board representing 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: Provided, further, That the DENR, through the Undersecretary, 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.

Sec. 8. The Protected Area Management Office (PAMO). - With reference and

pursuant to the ENIPAS Act of 2018, there is hereby established a VIPPS 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 VIPPS. A sufficient number of

support staff with permanent plantilla position shall be appointed by the DENR to 2 assist the PASu in the management of the VIPPS. The PASu shall be primarily accountable to the PAMB and the DENR for the 4 management and operations of the protected area. Pursuant thereto, the PASu shall 5 have the following duties and responsibilities: a) Prepare the management plan, in consultation with the stakeholders, including the annual work and financial plans and ensure its implementation; b) Ensure the integration of the protected area management plans, programs, projects, and policies with relevant national plans and programs, c) Provide secretariat services to the PAMB and its committees and ensure the availability of relevant and timely information for decision-making; d) Formulate and recommend to the PAMB proposed policies, rules, regulations, and programs; e) Establish, operate, and maintain a database management system which shall be an important basis for decision-making; f) 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; g) Monitor, evaluate, and report the implementation of management activities of the protected area; h) 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; i) Issue permits and clearances for activities that implement the management plan and other permitted activities as may be authorized by the PAMB: Provided, That all such permits shall be issued only after compliance with the terms, conditions, and criteria set by the PAMB. For

environmentally critical activities, prior PAMB clearance is mandatory before DENR issues any Environmental Compliance Certificate (ECC); j) 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 DEN in accordance with existing guidelines; k) Prepare and recommend to the PAMB approval of the annual work and financial plans of the protected area based on the management plan; 1) Directly report to the DENR Regional Executive Director; and m) Perform such other functions as the PAMB and the DENR may assign.

Sec. 9. Role of the DENR. - The DENR shall perform all the functions as

stipulated in the ENIPAS Act of 2018, as well as coordinate and collaborate closely with other concerned government agencies to ensure the sound management and conservation of the VIPPS. It shall also provide technical and financial assistance to 16 the VIPPS as may be needed.

Sec. 10. Reporting Responsibility. - Pursuant to the ENIPAS Act of 2018, the

18 PASu, through the PAMB, shall submit an annual accomplishment report of the protected area to the Secretary of the DENR through the BMB. A report on the conditions and benefits of the biological resources and ecosystem services of the protected area shall also be submitted by the PASu, through channels, to the Secretary of the DENR every five (5) years. Further, the PASu shall coordinate with and provide the necessary documents needed by the BMB for the preparation of the National State of Protected Areas (NSPAs) report every five (5) years, to be submitted to the President, the Senate and the House of Representatives.

Sec. 11. Environmental Impact Assessment (EIA). - Considering that protected

areas are environmentally critical areas, the proponent of development projects and activities with potentially significant adverse impacts as determined by the Environmental Management Bureau (EMB), whether or not these projects or activities are included in the management plan, shall secure an Environmental Compliance Certificate (ECC) in accordance with the Philippine Environment Impact Statement (EIS) System: Provided, That, for development projects and activities that are not

1 environmentally critical, an initial environmental examination (IEE) shall be 2 undertaken instead of a full-blown EIA. No project or activity may be undertaken by 3 any project proponent without prior clearance from the PAMB. The DENR shall require 4 the submission of the PAMB clearance, among others, before issuing an ECC to a 5 project proponent. No actual implementation of such activities shall be allowed without the 7 required ECC under the Philippine EIA System. Violations of environmental laws, rules and regulations, including those under the EIA System, shall be penalized accordingly. 9 For the avoidance of doubt, the issuance of permits by the PASu under Section 8(i) 10 shall not dispense with the requirement for prior PAMB clearance for any project requiring an ECC under the Philippine EIA System.

Sec. 12. Energy Resource Exploration and Risk Management. - Consistent with

Section 14 of the ENIPAS Act of 2018, 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. Surveys for non-renewable 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. Renewable energy projects may be allowed within the protected area by the PAMB with the concurrence of the DENR Secretary: Provided, That, renewable energy projects, which 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: Provided, further, That, sufficient bond shall be remitted by the proponent to the DENR. The amount shall be based on the estimated damage upon decommissioning and the 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.

Sec. 13. Special Uses Within Protected Areas. - For purposes of this Act,

"special uses" shall refer to activities such as scientific research, educational fieldwork,

1 low-impact ecotourism, spiritual or cuitural ceremonies, and other similar purposes 2 consistent with conservation objectives, as determined by the PAMB. Consistent with 3 Section 25 of the ENIPAS Act of 2018, special uses may be allowed within the VIPPS except in the strict protection zone. A sufficient bond shall be remitted by the proponent to the DENR to be released 6 to the depository bank in the event of damage by or closure of the establishment after 7 satisfactory rehabilitation according to the zones and objectives of the management 8 plan as attested to by the PAMB.

Sec. 14. Oil Spill Prevention and Fossil Fuel Risk Management. - In view of the

10 proximity of the VIPPS to major fossil fuel infrastructure including oil depots, fuel terminals, and liquefied natural gas (LNG) facilities, the following shall be observed: a) All vessels carrying oil, fuel, LNG, or other hazardous substances passing through or operating within the buffer zones of the VIPPS shall comply with internationally accepted safety and pollution control standards, including those under the MARPOL Convention, and national environmental laws. b) The operation of any fossil fuel-related facility within or adjacent to the VIPPS shall be required to install and maintain early-warning systems, real-time leak and discharge detection technologies, and emergency response mechanisms specifically designed to protect sensitive marine habitats. c) The DENR, in coordination with the Department of Energy (DOE), Philippine Coast Guard (PCG), and Maritime Industry Authority (MARINA), shall conduct quarterly inspections of vessels, ports, and terminals located in or near the VIPPS to ensure compliance with all environmental safety standards. d) Proponents of LNG or fuel-related infrastructure projects located within ten (10) kilometers of the VIPPS shall be required to submit an Environmental Risk Assessment (ERA), in addition to the Environmental Impact Assessment (EIA), and secure PAMB clearance in accordance with Section 4 of this Act. e) In case of an oil spill or hazardous discharge, the responsible party shall:

1. Immediately activate their oil spill contingency plan and inform the PAMO, PCG, and DENR; 2. Bear the full cost of environmental damage assessment, response, rehabilitation, and long-term monitoring, as determined by the DENR and the PAMB; and 3. Remit an emergency rehabilitation fund to the IPAF, separate from any penalty or criminal liability incurred. f) The PAMB shall develop and implement an Oil Spill and LNG Risk Management Subplan under the Management Plan of the VIPPS, which shall include zoning restrictions, navigational hazard mapping, and ecological risk thresholds, in coordination with LGUs and relevant national agencies. 9) Any violation of the requirements under this Section that results in pollution, ecological harm, or unauthorized discharge shall constitute a prohibited act and be penalized in accordance with Section 16 of this Act.

Sec. 15. Persons and Deputies Authorized to Enforce this Act and Other

Environmental Rules and Regulations. - The law enforcement officers of the Department of Environment and Natural Resources (DENR) as well as the Department of Agriculture (DA), Armed Forces of the Philippines (AFP), Philippine Coast Guard (PCG), and Philippine National Police - Maritime Group (PNP MG) are hereby authorized to enforce this Act and other marine environmental laws, rules and regulations. Further, the PAMO may also be augmented by the deputized environment and natural resources, law enforcement officers upon the recommendation of the PAMB and approval of the DENR. Nothing herein mentioned shall be construed as preventing regular enforcers and police officers from arresting any person in the act of violating said laws and regulations.

Sec. 16. Prohibited Acts. - Pursuant to rules and regulations governing the

same and to Section 20 of the ENIPAS Act of 2018, the following acts are prohibited within the VIPPS:

a) Failure to comply with the requirements under Section 14, including but not limited to: 1. Failure to install or maintain environmental risk mitigation measures, such as early warning systems or leak detection mechanisms; 2. Failure to implement timely and effective emergency response protocols in the event of a spill or discharge; 3. Failure to undertake or complete clean-up, containment, ecological rehabilitation, or long-term monitoring following a discharge; or 4. Concealment or non-reporting of any spill, leakage, or hazardous discharge. b) Poaching, killing, destroying, disturbing of any wildlife within the protected area; c) Hunting, taking, collecting, gathering or possessing of any wildlife or by- products derived therefrom, or resources, whether living or nonliving 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 exceptions provided under Section 27(a) of Republic Act No. 9147, or the "Wildlife Resources Conservation and Protection Act', harvests of non- protected species in multiple-use zones by fishers who are traditionally operating in the area, as may be determined by the PAMB through consultation with LGUs, fisherfolk organizations, and local community representatives; d) Possessing or transporting outside the protected area any wildlife, or by- products derived therefrom, which are ascertained to have been taken from the protected area, except as may be allowed by this Act and authorized through obtaining of the appropriate permit/s; e) Using any fishing or harvesting gear or employing any practices, or any of their variations, that are unsustainable or detrimental to coral reefs, seagrass or seaweed beds or other marine life and their associated habitats: Provided, That, mere possession of such gears within the protected area shall be prima facie evidence of their use;

f) Holding fast or securing a vessel in place either by using an anchor or tying onto any part of the reef: Provided, That, all vessels permitted to enter shall utilize the mooring buoys provided by the VIPPS; g) Dumping, throwing, using, or causing to be dumped into or placed in the protected area of any toxic chemical, noxious or poisonous substance or non-biodegradable material, untreated sewage or animal waste products 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 Wastes Control Act of 1990' detrimental to the protected area, or to the plants, animals, inhabitants or habitats therein; h) Operating any motorized conveyance within the protected area without permit from the PAMB; i) Altering, removing, destroying or defacing boundary marks, buoys, or signs; j) 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; k) Littering or depositing refuse or debris within the protected area; I) Possessing or using blasting caps or explosives anywhere within the protected area; m) Occupying or dwelling within the protected area without clearance from the PAMB; n) Entering, enjoying or utilizing any portion of the VIPPS and the resources therein, for whatever purpose without the prior permission from the VIPPS- PAMB; o) Obstructing, evading, or hindering Law Enforcement Officers from performing their duties within the Protected Area; p) Constructing, erecting, or maintaining any kind of structure, fence or enclosures, 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;

q) Undertaking mineral exploration or extraction within the protected area, pursuant to Republic Act No. 7942, or the 'Philippine Mining Act of 1995'; r) Engaging in commercial or large-scale quarrying within the protected area; s) Establishing or introducing exotic species, including GMOs or invasive alien species within the protected area; t) 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 non-permitted 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; and u) Prospecting, hunting or otherwise locating hidden treasures within the protected area.

Sec. 17. Penalties. - The violations under this Act shall be subject to the

following penalties: a) A fine of not less than Fifty million pesos (P50,000,000) but not more than Five hundred million pesos (P500,000,000), or the full cost of actual damages as determined by the DENR and the PAMB, whichever is higher, shall be imposed upon any person found liable under paragraph (a) of

Section 16. The responsible party shall also bear the full cost of

containment, clean-up, ecological rehabilitation, and long-term monitoring, notwithstanding that full restitution to the former state of the affected ecosystems may no longer be possible. Corporate officers, project managers, or responsible personnel proven to have willfully disregarded environmental safeguards or concealed discharge events shall be held solidarily liable and may face imprisonment of twelve (12) years to twenty (20) years. In such cases, the DENR may revoke the ECC or operating permits and order the suspension or cessation of facility operations. b) A fine of not less than Five hundred thousand pesos (P500,000) but not more than Two million pesos (P2,000,000) or imprisonment of one (1) year but not more than six (6) years, or both, plus damages of triple the value of the

said resources, shall be imposed upon any person who violates paragraphs (b) to (e) of Section 16 herein. c) A fine of not less than Five hundred thousand pesos (P500,000) but not more than Two million pesos (P2,000,000), or imprisonment of one (1) year but not more than six (6) years, or both, shall be imposed for violations under paragraphs (f) to (i) of Section 16; d) A fine of not less than Two million pesos (P2,000,000) but not more than Ten million pesos (P10,000,000), or imprisonment of two (2) years but not more than ten (10) years, or both, shall be imposed for violations under paragraphs (j) to (t) of Section 16; e) Administrative fines of not less than Two hundred fifty thousand pesos (P250,000) 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 such damages, which payment shall accrue to the IPAF. 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. All minerals, wildlife, or other resources, whether living or nonliving, illegally 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. The conveyances, vessels, equipment, paraphernalia, implements, gears, tools, and similar devices used in the commission of the crime shall be dealt with in

1 accordance with Part 4, Rule 12 (Custody and Disposition of Seized Items, Equipment, 2 Paraphernalia, Conveyances and Instruments) of Administrative Matter No. 09-6-8-SC 3 (Rules of Procedure for Environmental Cases) issued by the Supreme Court. However, 4 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 6 rehabilitation and release to its natural habitat, subject to existing regulations. Valuation of the damage shall consider biodiversity and conservation 8 considerations as well as aesthetic and scenic value. The valuation and assessment by 9 the DENR, in coordination with other concerned government agencies, shall be 10 presumed regular, unless otherwise proven by preponderance of evidence. 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. Any person who shall induce another or conspire to commit any of the acts prohibited in this Act or force 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 the ENIPAS Act, the Wildlife Resources Conservation and Protection Act, Republic Act No. 10654 amending the Philippine Fisheries Code of 1998, and other related laws. The conviction of a public officer or officer of the law whether from any 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. The penalties under this Act shall apply without prejudice to the imposition of additional or higher penalties under the ENIPAS Act, Wildlife Resources Conservation and Protection Act, RA 10654, or other environmental laws. In case of overlapping offenses, the penalty imposing the greater fine or longer imprisonment shall apply.

Sec. 18. Integrated Protected Area Fund (IPAF). - Pursuant to the ENIPAS Act

of 2018, income generated from the operation and management of the VIPPS shall accrue to the Integrated Protected Area Fund (IPAF). The income shall be derived

1 from fees and charges from the use of resources and facilities of the VIPPS; 2 contributions from industries and facilities directly benefitting from the protected area; 3 and such other fees and income derived from the operation of the VIPPS. The PAMB shall retain seventy-five percent (75%) of all revenues raised through the above means, which shall be deposited in the Protected Area-Retained Income Account (PA- 6 RIA) in any authorized government depository bank within the locality: Provided, that 7 disbursements out of such deposits shall be used solely for the protection, 8 maintenance, administration, and management of the protected area and 9 implementation of duly approved projects of the PAMB. Grants, donations and endowments from various sources, domestic or foreign, shall be deposited in full in a special account in the National Treasury to be used for the purpose specified in the deeds and instruments covering them. Voluntary or legislated payments for ecosystem goods and services, including fines, penalties, and compensation for damages from protected area offenses shall accrue fully to the PA- RIA and shall be managed by the PAMB. The remaining twenty-five percent (25%) of revenues shall be deposited as a special account in the General Fund in the National Treasury for purposes of financing the projects of the System. The use of the IPAF shall be in accordance with existing accounting, budgeting, and auditing rules and regulations: Provided, further, That the IPAF shall not be used to cover personal services expenditures. The DENR shall submit to the Department of Budget and Management (DBM) and the Department of Finance (DOF) quarterly reports on the financial and physical accomplishments on the utilization of the IPAF and other documents as may be required by the DBM, and shall furnish a copy of the same to the House Committee on Appropriations and the Senate Committee on Finance. Notwithstanding the prohibition on personal services, the IPAF may be used for hiring contractual personnel or technical consultants to support project 29 implementation, monitoring, and enforcement activities, in accordance with DBM and 30 COA rules.

Sec. 19. Tax Exemption. - All grants, bequests and endowments, donations and

contributions made to the protected area fund to be used actually, directly, and

1 exclusively by the protected area, shall be exempted from donor's tax and shall be 2 considered an allowable deduction from the gross income of the donor for the purpose 3 of computing the taxable income of the donor in accordance with the provisions of the National Internal Revenue Code of 1997, as amended.

Sec. 20. Implementing Rules and Regulations (IRR). - Within six (6) months

from the effectivity of this Act, the DENR shall prepare the IRR of this Act.

Sec. 21. Transitory Provision. - Pursuant to the ENIPAS Act of 2018, in order

to enhance biological diversity and to develop sustainable livelihood opportunities for tenured migrants, the DENR shall henceforth cease to issue concessions, licenses, 10 permits, clearances, compliance documents or other instruments that allow utilization 11 of resources within the protected area until the management plan shall have been put 12 into effect. All existing resource use permits issued for purposes which are authorized within the protected area shall be reviewed and shall not be renewed upon their expiration unless consistent with the management plan and approved by the PAMB.

Sec. 22. Appropriations. - The Congress of the Philippines shall provide for the

appropriations for the concerned government agencies implementing provisions of this Act for the succeeding years to be included in the annual General Appropriations Act (GAA).

Sec. 23. Construction and Suppletory Application of Existing Laws. - The

provisions of this Act shall be construed liberally in favor of achieving biodiversity conservation, protection and sustainable development. Provisions of the ENIPAS Act of 2018, Republic Act No. 10654 amending the Philippine Fisheries Code of 1998, the Wildlife Resources Conservation and Protection Act, and existing environmental laws and their corresponding rules and regulations not inconsistent hereto shall have suppletory effect in the implementation of this Act.

Sec. 24. Separability Clause. - If any provision of this Act is declared

unconstitutional or invalid, other parts or provisions hereof not affected thereby shall continue to be in full force and effect.

Sec. 25. Repealing Clause. - All laws, decrees, executive orders, rules and

regulations or parts thereof which are contrary to or inconsistent with this Act are hereby repealed, amended or modified accordingly.

Sec. 26. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

2 complete publication in the Official Gazette or in two (2) newspapers of general 3 circulation. Approved,