Implementing Rules for Tubbataha Reefs Act

Legal basis and policy framework

Section 10, Republic Act No. 10067 creates the Tubbataha Protected Area Management Board (TPAMB) as the sole policy-making and permit-granting body of the TRNP.
Republic Act No. 10067 empowers the TPAMB to decide matters relating to planning, resource use and protection, general administration, and to promulgate rules and regulations and impose penalties for violations.
Section 42, Republic Act No. 10067 requires the TPAMB to prepare the implementing rules and regulations within six (6) months upon effectivity of the Act.
The resolution establishes administrative machinery to impose penalties such as fines, confiscation and forfeiture and to adjudicate cases for violations of RA No. 10067 and other TPAMB issuances.
The implementing rules operate consistently with the NIPAS Act (RA 7586), the Wildlife Conservation and Protection Act (RA 9072), the Strategic Environmental Plan (SEP) Law (RA 7611), and the Local Government Code (RA 7160).

General provisions: title and coverage

Rule 1 provides that this resolution shall be known as the Implementing Rules and Regulations of the Tubbataha Reefs Natural Park (TRNP) Act of 2009.
Rule 2 vests authority over the buffer zone in the TPAMB and ties buffer-zone prescriptions to the TPAMB management plan.
Rule 2 establishes the TRNP buffer zone to protect the Park from direct or indirect impacts resulting from activities in its periphery, including energy exploration and navigation.
Rule 2 requires the TPAMB to indicate allowable uses within the buffer zone in the TRNP Management Plan and to communicate those allowable uses to relevant agencies, including NAMRIA, MARINA, DOE, DFA, and similar agencies.
Rule 3 provides that, aside from the buffer zone, other management zones established by the TPAMB and their uses form an integral part of the TRNP Management Plan.

TRNP management bodies and governance

Rule 4 establishes the Tubbataha Protected Area Management Board (TPAMB) as the governing body for the TRNP.
Rule 4.1 requires each member enumerated under Section 10 of the Act to designate a duly authorized representative to sit in person as a regular member of the TPAMB.
Rule 4.2 allows a permanent alternate to sit in the TPAMB in the absence of the regular member and states that the permanent alternate has authority to bind the regular member and the represented agency.
Rule 4.3 provides that the TPAMB shall have one (1) representative each from three (3) NGOs involved in TRNP conservation and management.
Rule 4.4 provides that the TPAMB shall have one (1) representative each from two (2) POs based in the municipality of Cagayancillo and engaged in TRNP conservation and management.
Rule 4.5 provides that the TPAMB shall have one (1) representative each from two (2) academic institutions based in the Province of Palawan offering natural resources management courses.
Rule 4.6 requires each member to take an oath of office before a public officer authorized to administer oaths prior to entry into office.
Rule 4.7 requires written notice of regular meetings at least three (3) days before the meeting, with the agenda, time, and venue.
Rule 4.7 allows the TPAMB to hold more than one (1) regular meeting in one quarter.
Rule 4.7 allows the PASu to initiate a special meeting with approval of any of the Chairs, with notice served at least one (1) day before the scheduled meeting and specifying the agenda, time, date, and venue, using any expeditious means such as text, telephone, e-mail, or other.
Rule 4.8 provides that a simple majority constitutes quorum for the TPAMB and the ExeCom to conduct business.
Rule 4.9 states that habitual absences in regular TPAMB meetings constitute negligence of duty under the Uniform Rules on Administrative Cases in the Civil Service, and defines three (3) absences in a year as habitual absenteeism.
Rule 4.9 requires the TPAMB to call attention to habitual absentee members and their represented agencies or organizations in the form of a resolution, without prejudice to filing administrative cases.
Rule 4.10 provides grounds for removal of TPAMB representatives, including:
- More than three (3) absences during scheduled meetings;
- Commission of acts prejudicial to the management of protected areas; and
- Dissolution of the agency or organization being represented.
Rule 4.10 requires the concerned agency to replace its representative not later than the succeeding TPAMB meeting.
Rule 5 allows TPAMB to delegate some powers and functions to the Executive Committee (ExeCom).
Rule 5.1 sets the ExeCom composition to include the Philippine Navy, Philippine Coast Guard, DENR, PCSD, WWF-Philippines, Saguda-Palawan, Local Government of Cagayancillo, CI-Philippines, and the Office of the Governor.
Rule 5.1 requires DENR or PCSD representatives to co-chair the ExeCom; if both are absent, the ExeCom chooses a presiding officer from among themselves.
Rule 5.2 requires the ExeCom to meet once a month or as often as necessary, and requires regular members to attend; if absent, the permanent alternate may attend.
Rule 5.3 delegates specific powers and functions to the ExeCom, including:
- Reviewing proposals and plans emanating from the TMO;
- Endorsing operational guidelines, proposals, and work plans to the TPAMB;
- Disbursing restricted funds in accordance with the grant agreement provisions;
- Authorizing bridge financing from the Trust Fund not exceeding One Million Pesos (PhP1M);
- Supervising the TMO;
- Evaluating the TMO annually; and
- Performing other TPAMB-delegated functions from time to time.

Quasi-judicial body and adjudication

Rule 6 requires the TPAMB to formulate guidelines for the exercise of the TPAMB’s quasi-judicial functions.
Rule 6.1 establishes the quasi-judicial body called the TPAMB Board (TAB).
Rule 6.1 sets TAB membership to include:
- DENR representative, PCSD representative, NGO representative, BFAR representative, PN representative, PCG representative, and Academe representative.
Rule 6.1 provides that regular members may constitute the TAB, or in their absence, the permanent alternates; TAB members select a chairman among themselves.
Rule 6.1 provides that if a TAB member’s membership in the TPAMB expires or is vacated, the TPAMB designates a regular member to be a TAB member until a successor is admitted.
Rule 6.3 provides that the majority of TAB members constitutes quorum.
Rule 6.4 mandates that adjudication procedures for administrative cases filed before the TAB conform to the Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC).

Administrative case rules before the TAB

Rule 6.4.1 provides that the adjudication guidelines apply to all cases involving violations of RA No. 10067 and other TPAMB policies adopted for effective implementation of RA No. 10067, also known as the Tubbataha Reefs Act of 2009.
Rule 6.4.2 requires TAB administrative proceedings to be summary in nature and not to necessarily adhere to technical rules of procedure applicable to judicial proceedings.
Rule 6.4.3 grants the TAB exclusive and original jurisdiction over complaints pertaining to violations of RA No. 10067 and other TPAMB policies.
Rule 6.4.4 prohibits the following pleadings or motions:
- Motion to dismiss the complaint;
- Motion for a bill of particulars;
- Motion for extension of time to file pleadings, except for an extension to file an Answer not exceeding fifteen (15) days;
- Motion to declare the defendant in default;
- Reply and rejoinder; and
- Third party complaint.
Rule 6.4.5 requires a verified complaint to contain the names of the parties, their addresses, the cause of action, and the reliefs prayed for, and to support the cause of action with:
- Affidavits of witnesses (in question and answer form);
- Documentary evidence; and
- If possible, object evidence.
Rule 6.4.6 provides that any person with personal knowledge of facts and circumstances constituting a violation may file a complaint against any persons, natural or juridical, involved in the violation.
Rule 6.4.6 requires that when a juridical person is charged, its president, manager, or head of office must also be impleaded in his/her official capacity.
Rule 6.4.6 requires complaints filed without complainant personal knowledge to be supported by an affidavit under oath of the person(s) with personal knowledge.
Rule 6.4.7 provides that the complaint and accompanying affidavits and supporting documents may be filed in the Tubbataha Management Office (TMO).
Rule 6.4.7 states that the complaint is deemed filed upon receipt by the Board Secretariat.
Rule 6.4.7 requires filing in nine (9) copies and requires additional copies equivalent to the number of respondents when more than one respondent is indicated.
Rule 6.4.8 provides that no docket fees are imposed for filing a complaint.
Rule 6.4.9 requires all pleadings before the Board to be filed in nine (9) copies and to show proof of service to the adverse party.
Rule 6.4.10 allows the respondent to be assisted by counsel of choice, and allows a party to litigate his or her own action, claim, or defense before the TAB.
Rule 6.4.11 requires TAB Secretariat staff to record receipt of the complaint, forward it immediately to the TAB Secretary, docket the complaint, and assign a specific identification number.
Rule 6.4.12 requires the TAB Secretary to immediately issue summons to the respondent(s), attaching a copy of the complaint and supporting documents if any.
Rule 6.4.12 mandates that summons state that it is notice of violation and must include:
- names of the parties;
- the specific alleged violation(s);
- the specific rule provision(s) or order provision(s) allegedly violated;
- the applicable penalty; and
- a direction requiring the respondent to answer within the time fixed by the rules, with warning that failure to answer waives the right to refute and the case will be decided based on documents submitted by the complainant.
Rule 6.4.13 requires the respondent to file an answer or counter affidavit within fifteen (15) calendar days from receipt of summons.
Rule 6.4.13 requires furnishing the complainant with a copy of the answer or counter affidavit and supporting documents and filing proof of service, including registered mail with registry return card if personal service cannot be effected.
Rule 6.4.14 provides that failure to file an answer within the prescribed period constitutes waiver of the right to answer and present evidence, and authorizes the TAB to render judgment warranted by the facts alleged and limited to the relief prayed for, either motu proprio or on motion of the complainant.
Rule 6.4.15 allows consolidation of cases with common cause of action and the same respondent(s) to avoid unnecessary costs and delay.
Rule 6.4.16 requires a preliminary conference not later than fifteen (15) days upon receipt of the answer and schedules it on the second Thursday of the month or on any day directed by the TAB.
Rule 6.4.16 requires the preliminary conference to cover admissions or stipulations of facts and documents, simplification of issues, amendment needs, evidence identification, amenability to resolution based on pleadings/evidence/position paper/memorandum, need for clarificatory hearings and whether to dispense with cross-examination, hearing dates, and amenability to Alternative Dispute Resolution or Mediation.
Rule 6.4.16 provides that exhibits not marked during the preliminary conference are not allowed as evidence.
Rule 6.4.16 requires witness affidavits to be in question and answer form and constitute direct examination.
Rule 6.4.16 provides that when the case is referred to mediation, the mediator must submit a Mediation Report within thirty (30) days stating whether mediation was successful; if successful, the agreement is attached and may be deposited in court.
Rule 6.4.16 provides that when mediation fails, the preliminary conference resumes.
Rule 6.4.16 prohibits filing a motion for postponement during the scheduled preliminary conference.
Rule 6.4.16 requires the TAB to issue a preliminary conference order indicating matters taken up, admissions made, and issues for resolution.
Rule 6.4.16 requires parties to simultaneously submit position papers within fifteen (15) days from receipt of the preliminary conference order, limited to discussion of the issues defined in the order.
Rule 6.4.16 allows the TAB to direct the filing of position papers when parties fail to appear and to consider the case submitted for resolution.
Rule 6.4.17 requires the TAB, after joinder of issues, to determine whether cross-examination of affiant(s) requires a hearing; if no hearing is needed, the TAB issues an order and the case is deemed submitted for decision.
Rule 6.4.17 provides that affidavits of parties and witnesses take the place of direct testimony.
Rule 6.4.17 states that when the TAB deems cross-examination necessary, the case is set for hearing.
Rule 6.4.17 limits hearing testimony to witnesses whose affidavits were submitted on or before the preliminary conference or specified date.
Rule 6.4.17 provides that affidavit testimony is subject to cross-examination using only relevant, pertinent, and material questions necessary to enlighten the TAB.
Rule 6.4.18 requires the TAB to render its written decision within fifteen (15) days after receipt of position paper, after expiration of the period to file position papers, or after the last hearing.
Rule 6.4.18 provides that the written decision states facts and the law basis and includes evidentiary bases.
Rule 6.4.18 provides that the TAB resolution becomes final and executory fifteen (15) days after receipt by the parties and when no motion for reconsideration is received or filed.
Rule 6.4.19 allows any party to file a motion for reconsideration within fifteen (15) days from receipt of a copy of the TAB resolution, furnishing copy to the opposing party, and allowing only one (1) motion.
Rule 6.4.20 requires the TAB to resolve the motion for reconsideration within fifteen (15) days from receipt and to maintain or reverse the prior resolution.
Rule 6.4.21 allows appeal to the TPAMB En Banc only after the TAB resolution on the motion for reconsideration.
Rule 6.4.21 requires the TPAMB En Banc to decide within fifteen (15) days from receipt of the appeal and provides that only one appeal from the TAB resolution is entertained.
Rule 6.4.22 provides that the TPAMB En Banc decision is final and becomes executory fifteen (15) days after receipt by the appellant and when no further appeal is filed before the regular court.
Rule 6.4.23 requires execution after finality and executory effect, with an order directing compliance within fifteen (15) days from receipt of the order.
Rule 6.4.23 provides that failure to comply with the executory decision renders the respondent liable for contempt.
Rule 6.4.24 requires the TAB to impose appropriate penalties provided under RA No. 10067 and/or other TPAMB policies violated.
Rule 6.4.25 requires furnishing all parties copies of all TAB or TPAMB En Banc orders, issuances, or processes either personally or by registered mail.

Secretariat, prosecution, and hearing venue

Rule 6.5 requires the TMO to organize the TAB Secretariat under the technical supervision of a lawyer.
Rule 6.5 provides that the head of the Secretariat serves as the Secretary of the TAB.
Rule 6.6 requires the TPAMB to organize a prosecutorial arm to represent the complainant in cases within the TAB’s jurisdiction.
Rule 6.7 requires hearings before the TAB to be held in Puerto Princesa City, Palawan or at any place designated by the TAB.

Restricted funds and bridge financing

Rule 7 defines restricted funds as financial support from sources other than the TRNP trust fund, earmarked by donors/grantors for specific activities, items, or projects.
Rule 7 designates the PASu as the signatory for contracts and agreements involving grants and donations for specific activities or projects amounting to not more than PhP5M.

Conservation fee schedule

Rule 8.1 provides that the conservation fee for visitors is PhP3,000 per person per entry, subject to amendment or revision by the TPAMB.
Rule 8.1 grants repeat visitors within the same year a 50% discount.
Rule 8.1 sets the conservation fee for divemasters hired to provide diving services at Php250.
Rule 8.2 sets vessel entry fees as:
- 100 GT and below: Php3,000.00
- 101–200 GT: Php4,500.00
- 201 and above: Php6,000.00

Budget proposals and approval

Rule 9 requires the TPAMB to submit budget proposals to the PCSD and the DENR for inclusion in their respective annual budgets.
The resolution is signed by MA. THERESA R. AQUINO, Secretary.
The resolution is attested by GOV. ABRAHAM KAHLIL B. MITRA, Co-Chairman.