QuestionsQuestions (Republic Act No. 11038)
RA 11038 declares the policy of the State to secure the perpetual existence of native plants and animals through a comprehensive system of integrated protected areas, classified primarily as national parks under the Constitution.
NIPAS is the classification and administration system encompassing ecologically rich and unique areas and biologically important public lands (terrestrial, wetland, and marine), designated as 'protected areas', and it also recognizes conservation areas and management regimes implemented by LGUs, local communities, and IPs.
Buffer zones are areas outside the boundaries of and immediately adjacent to designated protected areas needing special development control to avoid or minimize harm to the protected area.
Delineation refers to the actual ground survey of boundaries of protected areas and buffer zones using GPS or other survey instruments to produce maps; demarcation refers to establishing visible boundaries using markers, monuments, buoys (for marine areas), and natural landmarks after delineation.
Areas/islands in the Philippines already proclaimed or designated under laws/decrees/proclamations as national park, game refuge, bird and wildlife sanctuary, wilderness area, strict nature reserve, watershed, mangrove reserve, fish sanctuary, natural and historical landmark, protected landscape/seascape, and old growth forests identified before the effectivity of RA 11038 or still to be identified.
It provides a list of specific parcels/bodies of water established as protected areas within the national park classification, and it also allows additional areas to be proposed by DENR, subject to the same process as remaining initial components for legislative enactment.
Within three (3) years from the effectivity of RA 11038, DENR must provide maps/technical descriptions, conduct suitability assessment, and public consultations; if an initial component does not satisfy requirements, it shall be disestablished pursuant to Section 7.
DENR must notify the public 30 days before consultation through publication in a newspaper of general circulation and other means; conduct consultation at locations near the proposed protected area; invite LGUs and concerned stakeholders; and prepare recommendations based on views gathered.
The President issues a proclamation establishing the proposed protected area and providing protection measures until Congress enacts a law finally declaring the recommended areas part of the System.
A management plan must be formulated within one (1) year to serve as the basic long-term framework for management and guide annual operations plans and budgets.
It must be harmonized with the ADSDPP under RA 8371 (IPRA), the respective CLUPs of LGUs under RA 7160 (Local Government Code), and other local plans.
NIPAS is under DENR control and administration through the Biodiversity Management Bureau (BMB).
PAMB includes (1) DENR Regional Director as Chairperson, (2) governors, (3) a senator resident in the area (or representative), (4) district representatives, (5) mayors, (6) barangay chairpersons, (7) regional directors of specified national agencies (DA, NEDA, DOST, PNP, DND), plus (8) three NGO/PO representatives, (9) 1 to 3 IP/ICC representatives recognized by NCIP, (10) one academic representative, and (11) one private sector representative; most by virtue of government positions serve for their term, while members under certain categories are appointed via selection.
At least forty percent (40%) of PAMB members must be women pursuant to RA 9710 (Magna Carta of Women).
Examples include poaching/killing/destroying/disturbing wildlife; hunting/taking/collecting/possessing wildlife or by-products without permit/authorization (with limited allowed exceptions); and killing or collecting wildlife even in private lands within the protected area, subject to permits.
Operating any motorized conveyance within the protected area without PAMB permit is prohibited, except when such use is the only practical means of transportation of IPs/ICCs in accessing their ancestral domain/land.
PAMO is established and is headed by a Protected Area Superintendent (PASU) with a permanent plantilla position responsible for day-to-day management, protection, and administration of the protected area, primarily accountable to the PAMB and DENR.