Strategic Environmental Plan for Palawan

Policy, purpose, and sustainable development

The State policy under Section 2 is to protect, develop and conserve natural resources.
The State supports plans, programs, and projects that preserve and enhance the environment while pursuing the country’s socioeconomic development goals (Section 2).
The State supports and promotes sustainable development in Palawan through proper conservation, utilization, and development of natural resources to provide optimum yields on a continuing basis (Section 2).
With specific reference to forest resources, the State pursues forest conservation and protection through the imposition of a total commercial logging ban as provided in the Act (Section 2; see also Section 7).
The State adopts measures leading to an institutional machinery, including fiscal and financial programs, to ensure effective and efficient implementation of environmental plans, programs, and projects (Section 2).
The State promotes and encourages involvement of all sectors and maximizes people participation in natural resource management, conservation, and protection (Section 2).

Core definitions under the Act

“Palawan” means the Philippine province of islands and islets generally bounded by the South China Sea to the northwest and by the Sulu Sea to the east, located at 7deg47' and 12deg22' north latitude and 117deg00' and 119deg51' east longitude (Section 3).
“Sustainable development” means improving the quality of life of present and future generations through complementary development and environmental protection activities (Section 3).
“Natural resources” include life-support systems (e.g., sea, coral reef, soil, lakes, rivers, streams, and forests) and useful products found therein (e.g., minerals, wildlife, trees and other plants) including aesthetic attributes of scenic sites that are not man-made (Section 3).
“Tribal land areas” are areas comprising both land and sea traditionally occupied by cultural minorities (Section 3).
“Environmentally critical areas” are terrestrial, aquatic, and marine areas needing special protection and conservation because they are ecologically fragile (Section 3).
“Participatory processes” mean involvement of key sectors from grassroots to National Government policymaking bodies in providing values and ideas for strategic development and environmental protection action (Section 3).
“Conservation” means wise use ensuring regeneration and replenishment for continuous benefit (Section 3).
“Ecology” refers to life-sustaining interrelationships among organisms and their physical surroundings (Section 3).
“Commercial logging” means cutting, felling, or destruction of trees from old growth and residual forests for selling or otherwise disposing of logs for profit (Section 3).
“SEP” refers to the Strategic Environmental Plan discussed in Section 4 (Section 3).
“ECAN” refers to the Environmentally Critical Areas Network in Section 7 (Section 3).
“EMES” refers to the Environmental Monitoring and Evaluation System in Section 13 (Section 3).

Strategic Environmental Plan adoption and legal effects

A comprehensive framework for Palawan’s sustainable development, compatible with protecting and enhancing the province’s natural resources and endangered environment, is adopted as the Strategic Environmental Plan for Palawan (SEP) (Section 4).
The SEP serves to guide the local government of Palawan and all government agencies concerned in formulating and implementing plans, programs, and projects affecting Palawan (Section 4).
The SEP philosophy is sustainable development through complementary development and conservation activities that protect life-support ecosystems and rehabilitate exploited areas for future generations (Section 5).
The SEP philosophy features ecological viability, requiring physical and biological cycles maintaining natural ecosystems to be kept intact (Section 5).
The SEP philosophy features social acceptability, requiring people commitment through participatory processes and fostering equity in access to resources and benefits (Section 5).
The SEP philosophy features an integrated approach using a holistic view and coordination/sharing to provide resources and political will to implement and sustain SEP activities (Section 5).
The SEP serves as the framework guiding government agencies in formulating and implementing plans, programs, and projects affecting Palawan’s environment and natural resources (Section 6).
The SEP must be incorporated in the Regional Development Plan of Region IV as part of said plan (Section 6).
Local governments in Palawan and concerned national and regional agencies must coordinate and align their projects and corresponding budgets with SEP projects, programs, policies, as administered and implemented by the administrative machinery created under the Act (Section 6).

Environmentally Critical Areas Network (ECAN)

The SEP establishes a graded system of protection and development control over all of Palawan, including tribal lands, forests, mines, agricultural areas, settlement areas, small islands, mangroves, coral reefs, seagrass beds, and the surrounding sea; this is called the Environmentally Critical Areas Network (ECAN) (Section 7).
ECAN serves as the SEP’s main strategy (Section 7).
ECAN requires forest conservation and protection through the imposition of a total commercial logging ban in all areas of maximum protection and in other restricted use zones that the Palawan Council for Sustainable Development (PCSD) may provide (Section 7; see also Section 2).
ECAN requires protection of watersheds, preservation of biological diversity, and protection of tribal people with preservation of their culture (Section 7).
ECAN requires maintenance of maximum sustainable yield, protection of rare and endangered species and their habitat, and areas for environmental and ecological research, education and training (Section 7).
ECAN provides for areas for tourist and recreation (Section 7).

ECAN zonation and management components

ECAN areas are classified into three main components: (1) terrestrial, (2) coastal/marine area, and (3) tribal ancestral lands (Section 8).
The terrestrial component includes mountainous as well as ecologically important low hills and lowland areas, and may be subdivided into smaller management components (Section 8).
The coastal/marine area includes the whole coastline up to the open sea, characterized by active fisheries and tourism activities (Section 8).
Tribal ancestral lands are traditionally occupied by cultural communities (Section 8).

Terrestrial component zonation rules

The terrestrial component may be subdivided into management components for efficient supervision, each further divided into zones (Section 9).
The area of maximum protection or core zone must be fully and strictly protected and maintained free of human disruption (Section 9).
The core zone includes all types of natural forest, including first growth forest, residual forest and edges of intact forest; areas above 1,000 meters elevation; peaks of mountains or other areas with very steep gradients; and endangered habitats and habitats of endangered and rare species (Section 9).
Exceptions are allowed for traditional uses of tribal communities in these areas for minimal and soft impact gathering of forest species for ceremonial and medicinal purposes (Section 9).
The buffer zone permits regulated use and may be subdivided into three sub-zones (Section 9).
The restricted use area generally surrounds the core zone and provides a protective barrier where limited and non-consumptive activities may be allowed (Section 9).
The controlled use area encircles and provides the outer barrier to the core and restricted use areas, where controlled forest extraction (including collecting minor forest products) and strictly controlled logging and mining may be allowed (Section 9).
The traditional use area consists of edges of intact forests where traditional land use is stabilized or being stabilized, and management and control must be carried out with supporting SEP programs (Section 9).
The multiple/manipulative use area covers modified landscapes for different land uses such as intensive timber extraction, grazing and pastures, agriculture, and infrastructure development; its control and management must be strictly integrated with supporting SEP programs and similar government programs (Section 9).

Coastal/marine zone rules

A simplified management and zonation scheme applies to the coastal/marine component based on geographical characteristics, critical nature, and patterns of resource use (Section 10).
Equitable access and shared management responsibility by the local community govern this component (Section 10).
The core zone in the coastal/marine component must be designated free from any human activity, including sanctuaries for rare and endangered species and selected coral reefs, seagrass and mangrove ecosystem reserves (Section 10).
The multiple use zone serves as the development area and buffer zone where fishery, mariculture, recreation, rehabilitation of small islands and mangrove ecosystem, education and research are allowed (Section 10).

Tribal ancestral lands zonation

Tribal ancestral lands include both land and sea areas traditionally occupied by cultural minorities (Section 11).
These areas must be treated under the same graded system of control and prohibition as other ECAN areas, with stronger emphasis on cultural considerations (Section 11).
The SEP must define a special kind of zonation for tribal ancestral lands using consultative processes and cultural mapping of the ancestral lands (Section 11).

Management outside ECAN areas and tourism planning

The SEP provides for management of resources outside ECAN, covering coastal resources, catchment areas’ resources, timber and mines, development in lowlands, and settlement areas, and includes tourism planning (Section 12).

SEP support mechanisms: EMES, research, education

The SEP must establish an Environmental Monitoring and Evaluation System (EMES) to monitor achievement of SEP goals using systematic and reliable data generation (Section 13).
EMES must measure changes in environmental status, identify adverse environmental trends and crisis areas, recommend solutions, assess SEP implementation, and suggest measures to make the SEP responsive to changing needs (Section 13).
The SEP must provide a system of environmental research to supply additional information for accurate planning and data to address new problems in SEP implementation (Section 14).
SEP research must include not only physical and biological features through surveys, monitoring, resource assessments, and research into processes, but also policies and socioeconomic questions (Section 14).
The SEP must design an environmental information and education program that gradually weans people away from destructive practices by recommending practical alternatives (Section 15).
Training programs must be organized for nongovernmental organizations (NGOs), business sector representatives, and community leaders (Section 15).
Training programs may establish linkages between NGOs, community leaders, sector representatives, and line agencies’ development communication or public information sections, and may be used to plan a comprehensive public information drive (Section 15).
Community organizing must be enhanced to reinforce non-formal approaches complementary to regular environment/science courses in schools (Section 15).

Administrative machinery for implementation (PCSD)

Council creation and composition

The governance, implementation, and policy direction of the SEP must be exercised by the created Palawan Council for Sustainable Development (PCSD), under the Office of the President (Section 16).
The PCSD must be composed of: members of the House of Representatives representing Palawan; the Deputy Director General of the National Economic and Development Authority; the Undersecretary of Environment and Natural Resources; the Undersecretary for Special Concerns of the Department of Agriculture; the Governor of Palawan; the Mayor of Puerto Princess City; the President of the Mayor’s League of Palawan; the President of the Provincial Chapter of the Liga ng mga Barangay; the Executive Director of the Palawan Council for Sustainable Development Staff; and other public or private sector members the majority deems necessary (Section 16).
The Council must elect a Chairman and Vice-Chairman from among its members (Section 16).

Quorum and compensation

A majority of Council members constitutes a quorum (Section 17).
Council members receive per diems and allowances under existing laws for duties and Council business (Section 18).
Per diems must be Five hundred pesos (P500) for every meeting (Section 18).
Per diems collected must not exceed the equivalent of per diems for four (4) meetings in a month (Section 18).

Powers and functions

The PCSD must formulate plans and policies necessary to carry out the Act (Section 19).
The PCSD must coordinate with local governments to ensure their plans, programs, and projects align with SEP plans, programs, and policies (Section 19).
The PCSD must call on government departments, bureaus, offices, agencies, instrumentalities, and private entities and organizations for cooperation and assistance (Section 19).
The PCSD may arrange, negotiate for, and accept donations, grants, gifts, loans, and other fundings from domestic and foreign sources to carry out SEP activities and purposes (Section 19).
The PCSD must recommend to Congress matters that may require legislation to support SEP objectives (Section 19).
The PCSD may delegate any or all powers and functions to its support staff, except those that by law cannot be delegated (Section 19).
The PCSD must establish policies and guidelines for employment based on merit, technical competence and moral character, and prescribe a compensation and staffing pattern (Section 19).
The PCSD must adopt, amend and rescind rules and regulations and impose penalties therefor for effective implementation of the SEP and other provisions of the Act (Section 19).
The PCSD must enforce the Act and other existing laws, rules, and regulations similar to or complementary with the Act (Section 19).
The PCSD must perform related functions that promote development, conservation, management, protection, and utilization of Palawan’s natural resources (Section 19).
The PCSD must perform other necessary powers and functions to carry out its functions, powers, and the provisions of the Act (Section 19).

Conversion and staffing: PIADPO to PCSD staff

The Palawan Integrated Area Development Project Office (PIADPO) is converted to the Palawan Council for Sustainable Development Staff, which serves as the Council’s regular professional support staff (Section 20).
The PCSD Staff provides the machinery to coordinate policy and functions, implement programs, and organize services required by the Council in exercising its functions (Section 20).
The PCSD Staff is independent of any other government department or agency other than the Council created under the Act (Section 20).
All applicable powers, functions, personnel, complement, staff, appropriations, records, equipment, property, funds, obligations, and liabilities of PIADPO are transferred to the PCSD Staff (Section 20).
The incumbent PIADPO Director becomes the Executive Director of the PCSD Staff and leads its operations (Section 20).
After that, the Executive Director is appointed by the members of the Council (Section 20).
The Executive Director is also an ex officio member of the Council (Section 20).

Appropriations and final statutory clauses

Funding for implementation is charged to PIADPO’s current fiscal year appropriations initially (Section 21).
Sums necessary after the initial period must be included in the annual General Appropriations Act (Section 21).
If any provision of the Act is declared unconstitutional, the remaining provisions remain valid (Section 22).
All laws, decrees, orders, rules, and regulations—or parts thereof—contrary to or inconsistent with the Act are repealed or modified accordingly (Section 23).
The Act takes effect upon approval (Section 24).