An Act Establishing the Tubbataha Reefs Natural Park in the Province of Palawan as a Protected Area Under the Nipas Act (R.A. 7586) and the Strategic Environmental Plan (Sep) For Palawan Act (R.A. 7611), Providing For Its Management and For Other Purposes

Case Overview and Summary

Summary of the Tubbataha Reefs Natural Park (TRNP) Act of 2009

Declaration of Policy (Section 2):
- Ensure protection and conservation of Tubbataha Reefs for present and future generations.
- Manage TRNP under a "no-take" policy and sustainable, participatory management.
- Promote awareness and concern for Tubbataha Reefs.
- Encourage private sector and local government participation in protection and promotion.

Definition of Terms (Section 3):
- Defines key terms used in the Act, such as bioprospecting, buffer zone, conservation fees, corals, exotic species, explosives, gear, kayakas, littering, management plan, municipal fishers/fisherfolk, muro-ami, non-renewable resources, noxious or poisonous substances, PASu, PCSD, people's organization, poaching, protected area, protected species, purse seine, resources, stakeholders, trawl, TRNP, and vessel.

Scope and Coverage (Section 4):
- Declares Tubbataha Reefs Natural Park, covering approximately 97,030 hectares, as a protected area.
- Specifies the boundaries and coordinates of the TRNP.

Establishment of a Buffer Zone (Section 5):
- Establishes a 10-nautical mile buffer zone around the TRNP, with specified coordinates.

Management of the TRNP (Section 6):
- Vests management and administration of the TRNP with the Tubbataha Protected Area Management Board (TPAMB).
- Management shall be consultative and participatory.

Management Plan (Section 7):
- Requires an initial management plan to be prepared within one year by the Tubbataha Management Office (TMO), in coordination with stakeholders.
- Outlines the required contents of the management plan, including goals, key issues, management strategy, activities, and mechanisms for participation.

Zoning (Section 8):
- Requires adoption of a zoning plan within the TRNP, giving primary consideration to protection and conservation.
- Zoning shall involve stakeholder consultation and resource-use mapping.

Successor Plan (Section 9):
- Requires a successor plan to be prepared before the expiration of the initial management plan, following a similar procedure.

Creation and Composition of the TPAMB (Section 10):
- Establishes the TPAMB as the sole policy-making and permit-granting body for the TRNP.
- Outlines the composition of the TPAMB, including representatives from government agencies, local government units, the academe, NGOs, and people's organizations.
- Specifies the term of TPAMB members (5 years) and meeting requirements.

Executive and Other Committees of the TPAMB (Section 11):
- Allows the TPAMB to delegate powers and functions to an Executive Committee.
- Permits the creation of other committees as deemed necessary.

Incentives of TPAMB Members (Section 12):
- Provides for honoraria, insurance coverage, and reimbursement of expenses for TPAMB members attending meetings.

Powers and Functions of the TPAMB (Section 13):
- Outlines the extensive powers and functions of the TPAMB, including decision-making, approving plans and budgets, establishing partnerships, enforcing laws and regulations, controlling construction, monitoring performance, appointing personnel, generating funds, managing the TRNP Trust Fund, exercising quasi-judicial functions, deputizing individuals for enforcement, retaining legal counsel, issuing permits and collecting fees, and determining modes of utilization.

Tubbataha Management Office (TMO) (Section 14):
- Establishes the TMO, headed by the TRNP Protected Area Superintendent (PASu).
- Outlines the duties and responsibilities of the PASu, including preparing management plans, serving as Secretary to the TPAMB, hiring personnel, supervising staff, coordinating with stakeholders, developing visitor programs, enforcing laws and regulations, monitoring activities, and ensuring participatory mechanisms.

Role of Local Government Units (Section 15):
- Requires local government units of Palawan and Cagayancillo to participate in the management of the TRNP through representation in the TPAMB.
- Mandates the incorporation of the Act's provisions into local development plans.

Role of the DENR and the PCSD (Section 16):
- Requires the Department of Environment and Natural Resources (DENR) and the Palawan Council for Sustainable Development (PCSD) to coordinate closely and provide technical and financial assistance to the TRNP.

The TRNP Trust Fund (Section 17):
- Establishes the TRNP Trust Fund to finance projects in the TRNP.
- Outlines the sources of income for the Trust Fund, including visitor fees, permitted sale and export of resources, proceeds from leases, contributions, and grants.
- Exempts donations and grants to the TRNP from donor's tax and allows them as deductions from the donor's income tax.

Energy and Non-Renewable Resources (Section 18):
- Prohibits exploration, exploitation, or utilization of non-renewable resources within the TRNP, unless allowed by an act of Congress.

Unauthorized Entry, Enjoyment or Use (Section 19):
- Prohibits entry, enjoyment, or utilization of any portion of the TRNP without prior permission from the TPAMB or PASu.
- Imposes penalties for violations, ranging from 6 months to 1 year imprisonment and a fine of ₱100,000 to ₱300,000 for individuals, and higher penalties for commercial fishers/fisherfolk.

Damages to the Reef (Section 20):
- Subjects responsible persons or entities to payment of administrative fines based on current valuation standards and the cost of restoration for damages to the reef.

Non-payment of Conservation Fees (Section 21):
- Prohibits enjoyment or utilization of the TRNP without payment of conservation fees.
- Imposes an administrative fine of double the conservation fee amount for violations.

Anchoring (Section 22):
- Prohibits anchoring or tying vessels to any part of the reef.
- Requires the use of mooring buoys provided by the TRNP.
- Imposes an administrative fine of ₱50,000 to ₱100,000 for violations.

Dumping of Waste and Littering (Section 23):
- Prohibits dumping of waste and cleaning or changing oil of vessels within the TRNP.
- Imposes penalties for violations, including imprisonment of 1 to 3 years, fines of at least ₱50,000, and administrative fines of ₱100,000 to ₱300,000, as well as clean-up orders.
- Prohibits littering within the TRNP, with administrative fines of ₱50,000 to ₱100,000.

Bioprospecting Without Permit (Section 24):
- Prohibits bioprospecting within the TRNP without a permit from the TPAMB and other concerned agencies.
- Imposes penalties for violations, including imprisonment of 1 to 6 years, fines of ₱500,000 to ₱1,000,000, administrative fines of ₱500,000 to ₱1,000,000, and confiscation and forfeiture of resources, equipment, gears, and vessels.

Introduction of Exotic Species (Section 25):
- Prohibits the introduction of exotic species of plants or animals into the TRNP.
- Imposes penalties for violations, including imprisonment of 6 months to 6 years, fines of ₱100,000 to ₱1,000,000, administrative fines of ₱200,000 to ₱1,000,000, and confiscation and forfeiture of resources, equipment, gears, and vessels.

Hunting, Catching, Fishing, Killing, Taking, Gathering, Removing, Destroying, Disturbing or Possessing Resources (Section 26):
- Prohibits hunting, catching, fishing, killing, taking, gathering, removing, destroying, disturbing, or possessing any resource within the TRNP.
- Imposes varying penalties for violations, depending on the method used (e.g., explosives, noxious substances, coral removal, destructive fishing methods, protected species), ranging from imprisonment of 3 to 20 years, fines of ₱100,000 to ₱1,000,000, administrative fines, forfeiture of catch, equipment, gears, and vessels, and cancellation of permits.

Poaching by Foreigners (Section 27):
- Prohibits foreign persons, corporations, or entities from fishing, gathering, purchasing, or possessing fishery products within the TRNP.
- Prohibits the operation of foreign fishing vessels within the TRNP.
- Imposes penalties for violations, including imprisonment of 6 years and 1 day to 12 years, a fine of $100,000, administrative fines of $50,000 to $200,000, forfeiture of catch, equipment, and vessels, and posting of a bond of at least $100,000.

Violation of Environmental Impact Assessment System (Section 28):
- Requires the TPAMB to prosecute violations of laws and rules on the Environmental Impact Assessment System.
- Imposes penalties for violations, including imprisonment of 3 to 5 years, fines of ₱100,000 per day, rehabilitation of affected areas or equivalent amount, and forfeiture of vessels, structures, effects, materials, and equipment used, as well as products of the violation.

Violation of Standards (Section 29):
- Imposes administrative penalties on vessel owners, operators, and top three officers for violating standards set by the TPAMB, such as safety and sanitation standards.
- Penalties include fines of ₱20,000 to ₱50,000 per day, suspension of permits for 3 months, and cancellation of permits to operate in the TRNP.

Obstruction to Law Enforcement Officer (Section 30):
- Imposes an administrative fine of ₱50,000 on boat owners, masters, operators, officers, or any person acting on their behalf who evades, obstructs, or hinders law enforcement officers in the TRNP from performing their duties.
- Requires the cancellation of vessel registration, permits, and licenses.

Common Penal Provision (Section 31):
- Doubles the maximum fine for violations committed by corporations or entities.
- Triples the maximum fine for violations committed by foreign-owned vessels.
- Imposes the maximum duration of imprisonment on the captain of the vessel used in the violation.

Subsidiary Imprisonment (Section 32):
- Allows for subsidiary imprisonment for non-payment of fines imposed under the Act, as provided by existing laws.

Fines and Forfeitures (Section 33):
- Specifies that administrative fines and forfeitures imposed by the TPAMB shall form part of the TRNP funds and assets.
- Allows for the sale of forfeited vessels, structures, effects, materials, and equipment in a public auction, with proceeds accruing to the TRNP Trust Fund.

Violation of Other Laws (Section 34):
- Prosecution for violations of the Act shall not prejudice the prosecution of the offender for violations of other laws, rules, and regulations.

Enforcement of this Act, Other Laws, Rules and Regulations Within the TRNP (Section 35):
- Authorizes various entities, including the Armed Forces of the Philippines, Philippine National Police, Philippine Coast Guard, DENR and BFAR law enforcement officers, PCSD officials and staff, local government unit officials, TPAMB members and staff, and deputized environment and natural resource officers, to enforce the Act and other relevant laws and regulations within the TRNP.
- Allows any of the authorized entities to file administrative cases or initiate criminal proceedings for offenses committed within the TRNP.

Special Prosecutors and Counsels (Section 36):
- Requires the Department of Justice to designate special prosecutors to conduct preliminary investigations and prosecute violations of the Act and other relevant laws and regulations within the TRNP, upon recommendation of the TPAMB.
- Allows the TPAMB to retain the services of a competent lawyer to prosecute and/or assist in the prosecution of cases, and to defend TPAMB members, PASu, and TMO staff against legal actions related to their duties.

Citizen's Suits (Section 37):
- Allows any citizen to file civil, criminal, or administrative actions against violators of the Act or its implementing rules and regulations, those mandated to implement and enforce the Act who issue inconsistent orders or rules, or public officers who neglect or improperly perform their duties under the Act.
- Exempts such actions from filing fees and injunction bond requirements, and allows the award of reasonable attorney's fees, moral damages, and litigation costs if the citizen prevails.

Suits and Strategic Legal Action Against Public Participation (SLAPP) and the Enforcement of this Act (Section 38):
- Requires investigating prosecutors or courts to determine within 30 days whether legal actions filed against persons enforcing the Act are intended to harass, vex, exert undue pressure, or stifle legal recourses.
- Mandates the dismissal of such legal actions and the award of attorney's fees and double the amount of damages if found to be intended for harassment.
- Applies the same protection to public officers sued for acts committed in their official capacity while enforcing the Act, without grave abuse of authority.

Convening the TPAMB (Section 39):
- Requires the interim TPAMB to convene within one month upon the effectivity of the Act to ensure its composition and structure conform to the provisions of the Act.

Continuation of the TMO (Section 40):
- Allows the present TMO to continue to exist and function, subject to reorganization if necessary, in accordance with Section 14.

Continuation of all Other Arrangements (Section 41):
- Allows existing arrangements, commitments, and agreements pertaining to the management, utilization, conservation, and protection of the TRNP to continue, unless validly amended, revised, repealed, or renewed.

Implementing Rules and Regulations (Section 42):
- Requires the TPAMB to prepare the implementing rules and regulations of the Act within six months upon its effectivity.

Appropriations (Section 43):
- Requires the DENR and PCSD to include the implementation of the Act in their programs and funding in the annual General Appropriations Act.

Construction and Suppletory Application of Existing Laws (Section 44):
- Requires the provisions of the Act to be construed liberally in favor of achieving biodiversity conservation, protection, and sustainable development.
- Allows for the suppletory application of provisions from other relevant laws and regulations, such as the Strategic Environmental Plan for Palawan Act, the National Integrated Protected Areas System Act, the Philippine Fisheries Code, the Wildlife Resources Conservation and Protection Act, and existing forestry laws and regulations, if not inconsistent with the Act.

Separability Clause (Section 45):
- Declares that if any part or section of the Act is declared unconstitutional or invalid, such declaration shall not affect the other parts or sections.

Repealing Clause (Section 46):
- Repeals or modifies accordingly all laws, presidential decrees, executive orders, rules, and regulations inconsistent with the Act.

Effectivity (Section 47):
- Specifies that the Act shall take effect immediately after its complete publication in two newspapers of general circulation.