Republic Act No. 10067

This Act shall be known and referred to as the "Tubbataha Reefs Natural Park (TRNP) Act of 2009".

It shall be the declared policy of the State to ensure the protection and conservation of the globally significant economic, biological, sociocultural, educational, and scientific values of the Tubbataha Reefs into perpetuity for the enjoyment of present and future generations. These shall be pursued by managing the TRNP under a "no-take" policy and through a sustainable and participatory management, taking into consideration all applicable laws and international conventions to which the Philippines is a signatory.

It shall further be the policy of the State to promote the Tubbataha Reefs, with the end in view of fostering widespread awareness and concern for the same. Towards this end, the State shall undertake to carry out comprehensive and holistic promotions, training and information campaign programs for the benefit of the general public, in pursuance of the duty of the State to uphold the primacy of protecting, preserving and promoting these resources.

Finally, it shall be the policy of the State to encourage the participation of the private sector and the local government units in the protection, preservation and promotion of the Tubbataha Reefs.

For purposes of this Act, the following terms shall be defined as follows:

The Tubbataha Reefs Natural Park (TRNP), which shall cover an approximate area of ninety-seven thousand thirty (97,030) hectares, including its islets, seabed and airspace, and which shall include the Tubbataha Reefs and the Jessie Beazley Reef in the Municipality of Cagayancillo in the Province of Palawan, is hereby declared as a protected area. Its boundaries shall be as follows:

| | Latitude | Longitude | | | --- | --- | --- | --- | | | | | | | From Pt. 1 | 9Â 04' 52" N | 119Â 46" 10" E | | | to | Pt. 2 | 9Â 06' 05" N | 119Â 48' 22" E | | to | Pt. 3 | 8" 58' 09" N | 120Â 03' 12" E | | to | Pt. 4 | 8Â 53' 29" N | 120Â 03' 30" E | | to | Pt. 5 | 8Â 41' 33" N | 119Â 50' 41" E | | to | Pt. 6 | 8Â 43' 09" N | 119Â 45' 46" E | to point 1, the point of beginning per the Philippine Reference System (PRS) 92 datum.

The Department of Environment and Natural Resources (DENR)-National Mapping and Resource Information Authority (NAMRIA) shall validate the technical descriptions provided in this Act through actual survey/demarcation.

The metes and bounds of the TRNP shall be indicated on maps and/or nautical charts. Any modification of the coverage of this Act due to such factors as changing ecological situation, new scientific or archeological findings, or discovery of traditional boundaries not previously taken into account shall be made through an act of Congress, after consultation with the concerned government agencies.

There shall also be established a ten (10)-nautical mile buffer zone from the TRNP, with the following coordinates:

| Corner | Latitude | Longitude | | --- | --- | --- | | | | | | 1 | 9Â 17' 49" N | 119Â 47' 42" E | | 2 | 9Â 04' 48" N | 120Â 12' 40" E | | 3 | 8Â 49' 42" N | 120Â 13' 54" E | | 4 | 8Â 29' 42" N | 119Â 53' 04" E | | 5 | 8Â 36' 13" N | 119Â 35' 22" E | | 6 | 9Â 11' 08" N | 119Â 36' 35" E | to point 1, the point of beginning per the Philippine Reference System (PRS) 92 datum.

The management and administration of the TRNP shall be vested with the TPAMB, as herein provided, and shall be consultative and participatory.

Within one (1) year from the eflfectivity of this Act, there shall be an initial management plan to be prepared by the Tubbataha Management Office (TMO) in coordination with the local community and various stakeholders, the Palawan Council for Sustainable Development (PCSD), the Municipal Government of Cagayancillo, the Provincial Government of Palawan, with the assistance from the Department of Environment and Natural Resources (DENR) and the Bureau of Fisheries and Aquatic Resources (BFAR). The management plan shall contain, among others:

A zoning plan shall be adopted within the TRNP, giving primary consideration to the protection and conservation of all life forms in accordance with applicable laws, rules and regulations. Zoning shall also take into consideration the effective protection of habitats, fragile ecosystems and unique areas. The establishment and management of zones shall involve the concerned stakeholders by undertaking such steps as dialogue and community and resource-use mapping. The metes and bounds of each zone shall be indicated on maps and nautical charts.

Before the expiration of the initial management plan, there shall be a successor plan to be prepared by the Office of the PASu in the same manner as the procedure and principles herein set forth. Two (2) years before the expiration of the initial management plan, the PASu shall cause the publication of notices for comments and suggestions on the successor plan using all available media or at least in a newspaper of local circulation and the posting of such notices in the provincial, municipal and barangay halls and in three (3) other conspicuous areas frequented by the public. The successor plan shall be made available to the public for perusal at the office and sub-offices of the PASu and the PCSD.

There shall be a TPAMB, which shall be the sole policy-making and permit-granting body of the TRNP. It shall be composed of:

Whenever a vacancy occurs during the term of a member who does not represent the government, a new member shall be chosen in the same manner as the original selection process, to serve the remaining term of his/her predecessor. In the case of members who are elective officials, their appointment shall be coterminus with their term of office. In the case of appointive government officials who are reassigned to stations or offices outside the Province of Palawan, the successor, without need of appointment, shall assume the seat of the reassigned official in the TPAMB.

The TPAMB en bane shall hold regular meetings at least once every quarter. It may, however, meet on a more regular basis to discuss day-to-day affairs and other matters.

There shall be an Executive Committee (ExeCom) to which the TPAMB may delegate some of its powers and functions. Its members shall be chosen by the TPAMB from among themselves.

The TPAMB may create other committees as it may deem necessary.

In addition to actual and necessary traveling and subsistence expenses incurred in the performance of their duties, the TPAMB members may be granted honoraria and insurance coverage in attending the TPAMB or other TPAMB committee meetings. These expenses may be included in the budget for the TRNP.

The TPAMB shall have the following powers and functions:

There shall be a TMO to be headed by the TRNP PASu who shall serve as the chief operating officer of the entire TRNP. The TPAMB will determine the staffing pattern, qualification standards and hiring procedures for the TMO. The PASu and his/her staff shall hold office in a place to be designated by the TPAMB: Provided, That the TPAMB may authorize the establishment of sub-offices for purposes of convenience, safety, accessibility, economy and such other justifiable reasons: Provided, further, That at least a sub-office shall be established within the TRNP.

The PASu shall have full responsibility for the protection of resources within the TRNP. As such, he/she shall have the following duties and responsibilities in addition to those provided under existing laws and regulations:

Local government units of Palawan and Cagayancillo shall participate in the management of the TRNP through their representation in the TPAMB. The provisions of this Act shall be incorporated into the municipal and provincial development plans of Cagayancillo and Palawan, respectively, and the Regional Development Plan as part of the environmental concerns of the province and the region. The national and local government units shall likewise ensure that local ordinances pertaining to the environment are consistent with this Act and the management plan, as herein provided.

The DENR and the PCSD shall coordinate closely to ensure the sound management and conservation of the TRNP, provide technical and financial assistance to the TRNP as may be needed.

There is hereby established a trust fund to be known as the TRNP Trust Fund for purposes of financing projects of the TRNP. All income generated from the operation of the TRNP or management of wild flora and fauna therein shall accrue to said fund. This income shall be derived from visitor/tourist fees, fees from permitted sale and export of flora and fauna and other resources from the TRNP, proceeds from registration and lease of multiple-use areas, including tourism concessions, contributions from industries and facilities directly benefiting from the TRNP; and such other fees and income derived from the operation of the TRNP.

The TRNP Trust Fund may be augmented by grants, donations, endowment from various sources, domestic or foreign, for purposes related to their functions: Provided, That the entire amount shall be set aside and retained by the TPAMB of the TRNP, which shall appropriate the same exclusively for the management and operation of the TRNP. The TPAMB shall have the sole power to decide on the use of its funds from whatever source.

Donations, grants and endowments to the TRNP shall be exempt from the donor's tax and the same shall be considered as allowable deductions from the gross income in the computation of the income tax of the donor.

Any exploration, exploitation or utilization of non-renewable resources such as, but not limited to, minerals, gas and oil within the TRNP shall not be allowed. Energy projects shall be allowed only through an act of Congress.

No person or entity shall enter, enjoy or utilize any portion of the TRNP and the resources therein for whatever purpose without prior permission from the TPAMB as herein provided.

The TRNP shall be off-limits to navigation, except for activities that are sanctioned by the TPAMB such as, but not limited to, tourism and research. Except in emergency situations, it shall be unlawful to enter the TRNP without prior permission from the TPAMB or the PASu as herein provided. It shall also be unlawful to enter, enjoy or use for any purpose any prohibited management zone. This rule shall similarly apply to the use of vessels, gears and equipment in management zones where such are not allowed.

Violation of this section shall be subject to imprisonment of not less than six (6) months but not more than one (1) year imprisonment and a fine of One hundred thousand pesos (P100,000.00) but not more than Three hundred thousand pesos (P300,000.00), as may be determined by the TPAMB. If the violator is a commercial fisher/fisherfolk, the penalty shall be imprisonment of not less than one (1) year but not more than three (3) years and a fine of Five hundred thousand pesos (P500,000.00).

Damages to the reef shall subject the responsible person or entity to the payment of administrative fines set by the TPAMB based on current valuation standards and to the payment of the cost of restoration.

It shall be unlawful for any person or entity to enjoy or utilize the TRNP and the resources therein without payment of conservation fees as may be imposed by the TPAMB.

Violators of this section shall, in addition to the payment of the conservation fee, pay the administrative fine of double the amount of the conservation fee set by the TPAMB for the activity undertaken.

It shall be unlawful for any person or entity to hold fast or secure a vessel in place either by using an anchor or by tying on to any part of the reef. All vessels shall utilize the mooring buoys provided by the TRNP.

Violation of this section shall be penalized with an administrative fine of not less than Fifty thousand pesos (P50,000.00) and not more than One hundred thousand pesos (P100,000.00).

It shall be unlawful for any person or entity to dump waste inside the TRNP. It shall likewise be unlawful to clean and change oil of vessels within the TRNP.

Violation of this provision shall be punishable by imprisonment of one (1) year to three (3) years, and fine of not less than Fifty thousand pesos (P50,000.00). The TPAMB shall impose an administrative fine of not less than One hundred thousand pesos (P100,000.00) and not more than Three hundred thousand pesos (P300,000.00), and order the violator to clean up the waste or pay for the clean-up thereof.

It shall likewise be unlawful to litter within the TRNP.

Violation of this provision shall be penalized by the TPAMB with administrative fine of from Fifty thousand pesos (P50.000.00) to One hundred thousand pesos (P100,000.00).

It shall be unlawful to conduct bioprospecting within the TRNP without prior permit from the TPAMB and other concerned agencies.

Violation of this section shall be punished with imprisonment of one (1) year to six (6) years; fine of Five hundred thousand pesos (P500,000.00) to One million pesos (P1,000,000.00). The TPAMB shall also impose administrative fine ranging from Five hundred thousand pesos (P500,000.00) to One million pesos (P1,000,000.00); and confiscation and forfeiture of the resources subject of the offense, equipment, gears and vessels.

It shall be unlawful to introduce exotic species of plants or animals into the TRNP.

Violation of this section shall be punished with imprisonment of six (6) months to six (6) years; fine of One hundred thousand pesos (P100,000.00) to One million pesos (P1,000,000.00); and forfeiture of the resources subject of the offense, equipment, gears and vessels. The TPAMB shall also impose administrative fine ranging from Two hundred thousand pesos (P200,000.00) to One million pesos (P1,000,000.00); and confiscation and forfeiture of the resources subject of the offense, equipment, gears and vessels.

Hunting, Catching, Fishing, Killing, Taking, Gathering, Removing, Destroying, Disturbing or Possessing Resources. - It shall be unlawful for any person to actually or attempt to hunt, catch, fish, kill, take, gather, remove, destroy, disturb or possess any resource, whether living or nonliving, or products derived therefrom. The unauthorized entry of a vessel in the TRNP shall be prima facie evidence of violation of this section.

Violations of this section shall be punished as follows:

It shall be unlawful for any foreign person, foreign corporation or foreign entity to fish, gather and/or purchase or possess any fishery products within the TRNP. It shall likewise be unlawful for any person, corporation or entity to operate any foreign fishing vessel within the TRNP. The entry of any foreign fishing vessel in the TRNP shall constitute prima facie evidence that the vessel is engaged in fishing in the area. The presence of any foreign national in a fishing vessel of either Philippine or foreign registry in the TRNP shall be conclusive evidence that the vessel is foreign.

Violation of the above shall be punished by imprisonment of six (6) years and one (1) day to twelve (12) years and a fine of One hundred thousand U.S. dollars {US$100,000.00), in addition to the forfeiture of its catch, fishing equipment and fishing vessel: Provided, That in case of non-payment of fine, subsidiary imprisonment shall be imposed: Provided, farther, That the TPAMB is empowered to impose an administrative fine of not less than Fifty thousand U.S. dollars (US$50,000.00), but not more than Two hundred thousand U.S. dollar (US$200,000.00) or its equivalent in Philippine currency, in addition to the confiscation and forfeiture of the fish catch, fishing equipment and fishing vessel: Provided, finally, That a bond may be posted for the vessels which shall not be less than One hundred thousand U.S. dollars (US$100,000.00). A Hold Departure Order shall be issued as a condition for the grant of bail to any foreign offender. All passports and documents which may be used by the accused to flee the country must be surrendered to the court.

The TPAMB shall prosecute violations of laws and rules on Environmental Impact Assessment System. Such violations shall be punished by imprisonment of three (3) years to five (5) years; fine of One hundred thousand pesos (P100,000.00) for every day each violation subsists; rehabilitation of the affected area or the amount equivalent thereto; and forfeiture of the vessels, structures, effects, materials and equipment used, and the products of such violation. If the offender is a corporation, the directors and officers shall suffer the imprisonment. The TPAMB shall also impose administrative fine of One hundred thousand pesos (P100,000.00) for every day each violation subsists; rehabilitation of the affected area or the amount equivalent thereto; and confiscation and forfeiture of the vessels, structures, effects, materials and equipment used and the products of such violation.

The owner, operator and top three (3) officers of any vessel violating the standards set by the TPAMB such as, but not limited to, safety and sanitation standards shall suffer administrative penalty of a fine ranging from Twenty thousand pesos (P20,000.00) to Fifty thousand pesos (P50,000.00) for every day each violation subsists, and from suspension of three (3) months to cancellation of permit to operate in the TRNP.

The boat owner, master, operator, officer or any person acting on his/her behalf, of any vessel who evades, obstructs or hinders any law enforcement officer in the TRNP to perform his/her duty, shall be administratively fined Fifty thousand pesos (P50,000.00). In addition, the registration, permit and/or license of the vessel including the license of the officers thereof shall be cancelled.

Non-payment of fines imposed under this Act shall be subject to subsidiary imprisonment as provided for by existing laws.

All administrative fines and forfeitures that may be imposed by the TPAMB under this Act, and the rules and regulations that may be promulgated in pursuit of the goals and objectives of this Act shall form part of the funds and assets of the TRNP.

In case of administrative confiscation or forfeiture of vessels, structures, effects, materials and equipment and the same is not necessary for the proper prosecution of the offense charged, the TPAMB may sell the forfeited vessels, structures, effects, materials and equipment in a public auction. Proceeds of the said sale shall accrue to the TRNP created under this Act. In case the confiscated vessels, structures, effects, materials and equipment are in custodia legis, the TPAMB or its counsel, after proper proceedings may move for the sale of the confiscated or forfeited vessels, structures, effects, materials and equipment pendente lite: Provided, That the said vessels, structures, effects, materials and equipment is no longer necessary for the proper prosecution of the offense or if the same is necessary but substitute evidence is accepted by the court. The proceeds of the said sale shall likewise accrue to the TRNP Trust Fund created under this Act.

Prosecution for violation of this Act shall be without prejudice to the prosecution of the offender for violation of other laws, rules and regulations.

The Armed Forces of the Philippines through the Philippine Navy, the Philippine National Police, the Philippine Coast Guard, the law enforcement officers of the DENR and the DA-BFAR, PCSD officials and staff, local government unit (LGU) officials, law enforcement officers of LGUs, members and officers of the TPAMB, the PASu and his/her staff, and other deputized environment and natural resource officers, are hereby authorized and shall cooperate in the enforcement of this Act, other laws, rules and regulations within the TRNP.

Any one of the above persona and entities is authorized to file administrative cases before the proper agencies and bodies, or initiate criminal proceedings in accordance with the Rules of Court, for offenses committed within the TRNP.

The Department of Justice, upon recommendation of the TPAMB, shall designate special prosecutors from among the state and public prosecutors to do preliminary investigation and prosecute violations of this Act, other laws, rules and regulations within the TRNP. Such special prosecutors shall coordinate with the TPAMB and the TMO in the performance of his/her duties and assist in the training of wardens and rangers in arrest and criminal procedure. The TPAMB shall periodically submit an evaluation of the performance of the designated special prosecutors to the Department of Justice (DOJ).

The TPAMB may retain the services of a competent lawyer to prosecute and/or assist in the prosecution of cases under the direct control and supervision of the regular or special prosecutor and to defend the members of the TPAMB, the PASu and the TMO staff, or person assisting in the protection, conservation and sustainable development of the TRNP, against any legal action Telated to their powers, functions and responsibilities as provided in this Act or as delegated or tasked by the TPAMB.

For the purposes of enforcing the provisions of this Act or its implementing rules and regulations, any citizen may file an appropriate civil, criminal or administrative action in the proper courts/bodies against:

Suits and Strategic Legal Action Against Public Participation (SLAPP) and the Enforcement of this Act. - Where a suit is brought against a person who filed an action as provided in Section 37 of this Act, or against any person, institution or government agency that implements this Act, it shall be the duty of the investigating prosecutor or the court, as the case may be, to immediately make a determination not exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert undue pressure or stifle such legal recourses of the person complaining of or enforcing the provisions of this Act. Upon determination thereof, evidence warranting the same, the investigating prosecutor or the court, as the case may be, shall dismiss the complaint. In addition, the court shall award the attorney's fees and double the amount of damages.

This provision shall also apply and benefit public officers who are sued for acts committed in their official capacity, there being no grave abuse of authority, and done in the course of enforcing this Act.

Within one (1) month upon the effectivity of this Act, the interim TPAMB shall convene to ensure that its composition and structure conform to the provisions of this Act.

The present TMO shall continue to exist and function as such, subject to reorganization, if necessary, in accordance with Section 14 hereof.

Except when otherwise provided by this Act, all arrangements, commitments and agreements pertaining to the management, utilization, conservation and protection of the TRNP made and entered into by government agencies, the present TPAMB and the TMO, and the active involvement of the Philippine Navy and the Philippine Coast Guard in law enforcement in the TRNP, shall continue to subsist until validly amended, revised, repealed or renewed.

Within six (6) months upon the effectivity of this Act, the TPAMB shall prepare the implementing rules and regulations of this Act.

The DENR and the PCSD shall immediately include in the Department's and Council's program the implementation of this Act, the funding of which shall be included in the annual General Appropriations Act.

The provisions of this Act shall be construed liberally in favor of achieving biodiversity conservation, protection and sustainable development. Provisions of Republic Act No. 7611, otherwise known as the "Strategic Environmental Plan (SEP) for Palawan Act"; Republic Act No. 7586, otherwise known as the "National Integrated Protected Areas System (NIPAS) Act of 1992"; Republic Act No. 8550, otherwise known as The Philippine Fisheries Code of 1998"; Republic Act No. 9147, otherwise known as the "Wildlife Resources Conservation and Protection Act"; and existing forestry laws, and their corresponding rules and regulations not inconsistent hereto shall have suppletory effect in the implementation of this Act.

If any part or section of this Act is declared unconstitutional or otherwise invalid, such declaration shall not affect the other parts or sections hereof.

All laws, presidential decrees, executive orders, rules and regulations inconsistent with this Act shall be deemed repealed or modified accordingly.

This Act shall take effect immediately after its complete publication in two (2) newspapers of general circulation.

Approved,

| (Sgd.) PROSPERO C. NOGRALES Speaker of the House of Representatives | (Sgd.) JUAN PONCE ENRILE President of the Senate |