NCIP’s Position Paper on House Bill No.

1686 (An Act Establishing The National

Council for the Preservation of Mangrove Forests) and House Bill No. 4052 (Providing
for the Preservation, Reforestation, Afforestation, and Sustainable Development of
Mangrove Forests in the Philippines, Providing Penalties on Violations, and for Other
Purposes)

The Commission supports the bills for the Mangrove Forest Protection and
Preservation Act.

However, the ICCs/IPs were left out as one of those most affected by the lost and
degradation of Mangrove Forests which sustain their basic survival and cultural practices.
For indigenous cultural communities and/or indigenous (ICCS/IPs) mangrove forests have
particular importance as a source of food and fishing grounds.

Pursuant to the mandate of NCIP to protect and promote the interest and well-being of
the ICCs/IPs with due regard to their beliefs, customs, traditions and institutions, we
respectfully submit the following points:

1. The 2 House Bills are practically identical, and should be joined for a stronger
legislative and public support;

2. The 2 House Bills should be joined with the House Bills for Marine Protected
Areas (MAPs), not only for a stronger legislative and public support, but for all
intents and purpose to reject redundancy in laws as mangrove forests are
practically inside the definition of the MAPs. In fact mangrove swamps/forests
are defined and included in the definition of terms in HB Nos. 107 and 4518;

3. The following are proposed provisions and/or amendments to the bills for
adoption during the deliberation and in the passage of the legislative bills:

HB No. 1686

3.1. HB No. 1686: Add: Sec.3. Definitions of Terms: “4) Mangrove Forest Ranger a
person in authority entrusted with protecting and preserving established MPAs.”

HB No. 4052: Add: Sec.3. Definitions of Terms: “f) Marine Protected Area
Ranger a person in authority entrusted with protecting and preserving
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established MPAs.”

Justification: The designation or appointment of an identified person in

authority to maintain the protective status of mangrove swamps/forest is
essential as historically Filipinos are better at respecting authority than
their neighbor.

3.2. HB No. 1686: Add in Sec. 5. Establishment and Composition of the National
Council for the Preservation of Mangrove Forests: “11. The Chairperson of the
National Commission of Indigenous Peoples (NCIP); and (12) the Secretary of
Department of Interior and Local Government (DILG);

HB No. 4052: Add/Insert in Sec. 5. Establishment and Composition of the

National council for the Preservation of Mangrove Forests: “12. The Chairperson
of the National Commission of Indigenous Peoples (NCIP);
 Justification: NCIP can identify ancestral domains with mangrove
swamps/forests; and DILG has general supervisions of all territories
within its jurisdiction.

3.3. HB No. 1686: Merge Sec. 5. 8) and 9).

HB No. 4052: Merge Sec. 5. (10) and (11).

Justification: It is usually somebody from the academe anyway who does

research about mangrove swamps/forests. Is there really a need to have 2
persons with very similar backgounds.

3.4. HB No. 1686: Add in Sec. 7. The Local Councils for the Preservation of
Mangrove Forests: “(4) Local Indigenous Peoples Mandatory Representative
(IPMR)”

HB No. 4052: Add in Sec. 7. The Local Councils for the Preservation of
Mangrove Forests: “(e) Local Indigenous Peoples Mandatory Representative
(IPMR)”

Justification: In areas with ancestral domains it is just right that an IP

representative being the person most directly affected by any decision of
the council.

3.5. HB No. 1686: Sec. 8. 4) and 5): Replace the words “forest guards” with “forest
ranger”

HB No. 4052: Sec. 8. 2nd and 3rd pararagraphs: Replace the words “forest
guards” with “forest ranger”

Justification: “Ranger” seems more appropriate than “guard”

3.6. HB No. 1686: Add in Section 10. Prohibited acts do not include controlled
pruning of mangroves or gathering of fallen mangrove wood.

HB No. 4052: Add in Section 9. Prohibited acts do not include controlled

pruning of Mangroves or gathering of fallen mangrove wood.
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Justification: Pruning of Mangrove Trees and clearing fallen trees are

actually helpful to maximize the benefits from the mangrove
forest/swamp;

3.7. HB No. 1686: Add in Sec. 11. Penalties, last sentence to 1 st par.
“Provided, violators may only be prosecuted upon a written report by the
designated Mangrove Forest Ranger on duty when the violation was
witnessed.”;

HB No. 4052: Add in Sec. 10. Penalties, last sentence to 1 st par.

“Provided, violators may only be prosecuted upon a written report by the
designated Mangrove Forest Ranger on duty when the violation was
witnessed.”;

Justification: No person may be prosecuted without due process of law.

 3.8. Delete: Sec 12. Penalties. Or Change it to Repealing Clause

Justification: Is this a typographical error, see Sec. 10?

4. In the implementing rules and regulations (IRR) that will be passed if the bills are
passed, it is proposed that the following be adopted:

4.1. Traditional fishing activities of the IPs, unless unconditionally unlawful, be

accepted as promotive in the protection and conservation of Mangrove
swamps/forest;
4.2. Preference should be granted the IPs for designation or appointment as
Mangrove Forest Ranger/s in their ancestral domains;

For consideration of the Committee. Thank you.

ALLEN A. CAPUYAN
Chairperson
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