Question & AnswerQ&A (Republic Act No. 11038)
Republic Act No. 11038 is titled "Expanded National Integrated Protected Areas System Act of 2018."
The policy of the State is to secure for the Filipino people of present and future generations the perpetual existence of all native plants and animals through the establishment of a comprehensive system of integrated protected areas classified as national parks as provided in the Constitution.
A Protected Area is an identified portion of land and/or water set aside by reason of their unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation.
The PAMB oversees the management of the protected area, approves policies, plans, and programs, recommends deputation for enforcement, manages funds, sets fees, issues rules for conflict resolution, recommends policy changes, monitors the Protected Area Superintendent, and handles other duties as prescribed by the law.
The DENR Regional Director under whose jurisdiction the protected area is located serves as the Chairperson of the PAMB.
The PASU supervises the day-to-day management, protection, and administration of the protected area, prepares management plans, enforces laws, collects fees, monitors implementation, and provides secretariat services to the PAMB.
Buffer zones are identified areas outside and immediately adjacent to designated protected areas that need special development control to avoid or minimize harm to the protected area.
Penalties include fines ranging from ₱200,000 to ₱1,000,000, imprisonment from one to six years, or both, plus damages of triple the value of the resources taken, or both.
Yes, tenured migrants who have occupied portions of protected areas for five years before designation are eligible to become stewards of lands within multiple-use zones and may be issued tenurial instruments consistent with the zoning and law.
Exploration may be allowed only for gathering data with the least damage, surveys for nonrenewable energy projects require DENR approval, and development of nonrenewable projects is prohibited in strict nature reserves and natural parks. Renewable energy projects may be allowed outside strict protection zones with proper clearance and environmental compliance.