QuestionsQuestions (Republic Act No. 9041)
The Resolution is based on Section 42 of Republic Act No. 10067 (Tubbataha Reefs Natural Park Act of 2009), which requires the TPAMB to prepare the implementing rules within six (6) months upon the Act’s effectivity.
TPAMB is designated as the sole policy-making and permit-granting body of the TRNP, with authority over planning, resource use and protection, general administration, rulemaking, and imposition of penalties for violations.
The buffer zone is established to protect the Park from direct or indirect impacts resulting from activities in its periphery (e.g., energy exploration and navigation). TPAMB exercises authority over it and includes management prescriptions in the TRNP Management Plan.
The TPAMB indicates allowable uses within the buffer zone in the TRNP Management Plan and communicates these to relevant agencies such as NAMRIA, MARINA, and DOE (and others as indicated).
Each member enumerated under Section 10 of the Act designates a duly authorized representative who sits in person as a regular member of the TPAMB.
The permanent alternate may sit in the absence of the regular member and has the authority to bind the regular member and the agency represented.
It provides that there shall be one representative each from three NGOs involved in conservation/management. If more than three qualified NGOs exist, the TMO/appropriate body convenes a meeting to select which NGOs will sit, following guidelines approved by TPAMB.
A simple majority constitutes quorum for both the TPAMB and the ExeCom to conduct business.
Habitual absences constitute negligence of duty under civil service rules. Three (3) absences in a year constitute habitual absenteeism, prompting TPAMB to call attention via resolution (without prejudice to filing appropriate administrative cases).
Grounds include: (a) more than three absences during scheduled TPAMB meetings; (b) commission of acts prejudicial to the management of protected areas; and (c) dissolution of the agency/organization represented.
The ExeCom may be delegated functions such as reviewing proposals/plans from TMO, endorsing operational guidelines to TPAMB, disbursing restricted funds under grant agreements, authorizing limited bridge financing from the Trust Fund (not exceeding PhP1M), supervising TMO, evaluating TMO performance annually, and performing other delegated powers.
The TAB is the quasi-judicial body of TPAMB. It has exclusive and original jurisdiction over complaints for violations of RA 10067 and other TPAMB policies.
The procedural guidelines must be in conformity with the Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC), as referenced in Rule 6.4.
Proceedings are summary in nature and do not necessarily adhere to the technical rules of procedure applicable to judicial proceedings.
The prohibited pleadings/motions include: motion to dismiss; motion for bill of particulars; motion for extension (except for Answer, not exceeding 15 days); motion to declare defendant in default; reply and rejoinder; and third-party complaint.
Within fifteen (15) calendar days from receipt of summons.
The respondent waives the right to answer and to present evidence. The TAB may render judgment based on the facts alleged in the complaint and limited to what is prayed for, motu proprio or on motion of the complainant.
Within fifteen (15) days after receipt of position paper, or after expiration of the period to file, or after the last hearing.
The resolution becomes final and executory fifteen (15) days after receipt of a copy by the parties, if no motion for reconsideration is received or filed. A motion for reconsideration may be filed within fifteen (15) days, and only one motion is allowed.
Visitors: PhP 3,000 per person per entry (repeat visitors within the same year get a 50% discount). Divemasters hired to provide diving services: PhP 250.