Title
Rules for National Integrated Protected Areas System
Law
Denr Department Administrative Order No. 25 S. 1992
Decision Date
Jun 29, 1992
Philippine Jurisprudence case explores the purpose, process, and guidelines for the establishment, management, and conservation of protected areas, emphasizing the importance of partnerships, community involvement, and the protection of indigenous cultural communities and tenured migrants.
A

Scope of Application

  • Applies to pre-1992 designated protected areas, including parks, sanctuaries, forests, landmarks, watersheds, and other protected lands and marine areas.
  • Includes future protected areas established under the law.

Establishment of Initial NIPAS Components

  • A four-step process: compiling technical data, screening for suitability, public studies and hearings, and final recommendations.
  • DENR Regional Offices tasked with preparatory activities including mapping, census, resource profiling, consultations, planning, public hearings, and final reporting.
  • Steps include public notification, consultation, census of occupants, resource assessments, and plan development.
  • Public inputs and indigenous community participation emphasized.
  • Final recommendations submitted to President and Congress for proclamation and legislation.
  • Areas demarcated on the ground upon enactment.

Subsequent NIPAS Areas

  • Additional areas can be proposed for inclusion following similar procedures with initial reconnaissance instead of full mapping.

Disestablishment or Boundary Modification

  • Based on studies and public hearings.
  • PAMB must support if area was under the Act.
  • Secretary recommends to Congress.
  • Changes only take effect upon Congressional approval.
  • Disestablished areas revert to public forest unless otherwise specified.
  • Indigenous ancestral claims prioritized.

Buffer Zones

  • Created to provide an additional layer of protection and sustainable livelihoods.
  • Must be established by law with procedures similar to protected areas.
  • To be managed cooperatively under PAMB and DENR in line with management plans.
  • Flexible resource management allowed; traditional livelihoods respected.
  • Indigenous and local stakeholders must participate actively in buffer zone management planning.

Management Planning

  • Two-tiered approach with general national strategy guiding site-specific plans.
  • Preparation of General Management Planning Strategy (GMPS) by PAWB within one year.
  • GMPS addresses biodiversity, traditional rights, community participation, and inter-agency coordination.
  • Plans approved by the Secretary and endorsed by PAMB.
  • Protected areas subdivided into management zones such as strict protection, sustainable use, restoration, habitat management, multiple-use, buffer, cultural, recreational, and special use zones.
  • Management zones allow for varied levels of use and protection with specific objectives.

Management Manual Content

  • Includes description, legal status, biophysical data, conservation issues, management goals and activities, research, monitoring, administration, and annexes.
  • Developed with expert input and community consultations.
  • Plans reviewed and updated at least every three years.

Protected Area Management Board (PAMB)

  • Governing body for each protected area.
  • Approves plans, rules, boundaries, and manages resource protection.
  • Composed of DENR officials, local government representatives, indigenous community members, NGOs, and others.
  • Members appointed by Secretary; serve five-year terms without compensation except travel expenses.
  • May create Executive Committee for operational efficiency.
  • Meetings monthly with minutes properly recorded and submitted.
  • Members removable for cause.

NIPAS Administration

  • DENR Secretary oversees NIPAS.
  • Central level includes Undersecretaries and PAWB for technical lead and coordination.
  • Regional level includes RED and RTD responsible for implementation and local community representation.
  • Site-based management led by Protected Area Superintendent (PAS) with enforcement powers including peace officer authority.
  • PAS supported by staff including rangers, biologists, community relations officers.
  • Facilities, uniforms, hardship allowances provided as funding permits.

Role of NGOs

  • Essential in community-based resource management, conflict resolution, livelihood projects, and facilitating tenure instruments.

Indigenous Cultural Communities

  • Ancestral domains and customary rights recognized and protected.
  • Indigenous communities to be identified and engaged early in process.
  • Claims evaluated through evidentiary criteria and coordinated via PAMB and DENR divisions.
  • Demarcation follows accepted claims, with Certificates of Ancestral Domain or stewardship agreements.
  • Indigenous plans for land and resource use to be developed in partnership respecting cultural and spiritual needs.

Tenured Migrants

  • Persons continuously occupying protected areas prior to designation with subsistence dependence are recognized as tenured migrants.
  • Eligible for stewardship in multiple-use or buffer zones.
  • Non-qualifiers to be resettled outside protected areas.
  • Evidence includes physical improvements, tax payments, and community certification.
  • Tenure instruments to be developed by DENR.
  • Rights governed by conservation and management plans with participation of migrants.

Special Provisions

  • Surveys for energy resources allowed only for information and excluded from strict nature reserves and natural parks.
  • Existing government, NGO, and private facilities subject to national interest assessment and fees or possible eviction.
  • Activities outside management plans require environmental impact assessments and compliance certificates.

Protected Area Fund (IPAF)

  • Finance mechanism for sustainable funding of NIPAS.
  • Sources include taxes on resource sales, lease proceeds, contributions, fines, and fees.
  • Fund managed by Governing Board with members from government, NGOs, and indigenous communities.
  • At least 75% of revenues retained at site-level; remainder goes to central fund.
  • Disbursements used solely for protected area management and approved projects.
  • Board members appointed for three-year terms without compensation.

Prohibited Acts and Penalties

  • Hunting, disturbing wildlife, dumping waste, unauthorized motorized usage, destruction of cultural sites, squatting, illegal structures and business operations prohibited inside protected areas.
  • Violators face fines from ₱5,000 to ₱500,000, imprisonment from 1 to 6 years, restitution orders, and eviction.
  • Equipment, products, and improvements confiscated.
  • Corporations held liable through responsible officers.
  • DENR empowered to impose administrative penalties.

General Provisions

  • Order may be amended by Secretary with public notice.
  • Previous inconsistent issuances repealed or modified.
  • Order effective 15 days after publication.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.