NIPAS LAW

R.A. 7586, as amended by R.A. 11038

An Act Declaring Protected Areas and Providing for Their Management, Amending for This Purpose
Republic Act No. 7586, Otherwise Known as the "National Integrated Protected Areas System
(NIPAS) Act of 1992" and for Other Purposes

GROUP 4:
• SEVILLA, R.
• ACINAS, R.
• LEBAJAN, F.
• BURILA, B.
• WALES. J.
• CABILAN, A.
• JERVOSO, A.
• TOROTORO, J.
Instructor: Ms. Jessa Nuñez

1
 National Integrated Protected Areas System
(NIPAS) Act of 1992" - RA 11038
Department of Agricultural Science and Technology, Southern Leyte State University -Hinunangan Campus, Hinunangan, Southern Leyte
BS Agriculture 2-B , Sevilla, R ,Acinas, R. Lebajan, F. Burila B. , Wales, J. , Cabilan A., Jervoso, A. and Torotoro J.

INTRODUCTION

The National Integrated Protected Renewable energy projects may be allowed

Areas System (NIPAS) is the policy of our only by permission of the DENR secretary. The
country to secure for our present and future Integrated Protected Area Fund (IPAF) was
generations the perpetual existence of all native established to finance the projects and sustain
plants and animals through the establishment the operation of protected areas and the
of a comprehensive system of integrated System.
protected areas within the classification of the The Act provides for tax exemption on
national park as provided for in the all grants and endowments made to the
Constitution. protected area fund.
NIPAS is the classification and Violations of laws, rules, and
administration of all designated protected areas regulations in the protected areas are
to maintain essential ecological processes and investigated by the Department of Justice. In
life-support systems, to preserve genetic Section 20 the prohibited acts are nominated
diversity, to ensure sustainable use of resources such as killing, destroying, and disturbing any
found therein, and to maintain their natural wildlife, hunting, defacing boundaries,
conditions to the greatest extent possible. damaging roads, and trails, using blasting caps,
NIPAS shall encompass outstanding and occupying any public land. All property and
remarkable areas and biologically important private rights within the protected area and its
public lands that are habitats of rare and buffer zones already existing and/or vested
endangered species of plants and animals, upon the effectiveness of this Act shall be
biogeographic zones, and related ecosystems, protected and respected.
whether terrestrial, wetland, or marine, all of The Act further provides for reporting
which shall be designated as protected areas. responsibility by nominated authorities and
NIPAS encompasses ecologically rich monitoring the implementation of this Act by
and unique areas and biologically important the Joint Congressional Oversight Committee.
public lands that are habitats of rare and This Act consists of 33 Articles.
threatened species of plants and animals,
biogeographic zones, and related ecosystems,
whether terrestrial, wetland or marine, all of
which shall be designated as 'protected areas'. OBJECTIVE
The Law provides for the environmental and
natural resources offices and protected area ➢ To understand NIPAS LAW’s purpose
management offices where protected areas are and its significance as one of the
located. The Environmental Management exclusive environmental laws in the
Bureau shall consider the environmental Philippines.
impact assessment. ➢ Identify the different categories and
The Act further provides for heritage definitions of NIPAS LAW.
preservation, development, protection, and ➢ To present those areas primarily
conservation of biologically significant areas covered by NIPAS Law.
with their indigenous knowledge systems and ➢ To learn the consequences and
practices. The exploration of energy resources appropriate punishment or penalties
may be allowed in protected areas only to for violating NIPAS Law.
gather data and information and only if such
activity is carried out with the least damage to
surrounding areas.

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METHODOLOGY:

1. Gathered and researched through different Google search engines for further information and
broad ideas about RA 11038.
2. Visited links of the official gazette of the Philippines to come up much more ideas in place of one of
the most important environmental laws which is the NIPAS Law.
3. Summarized and categorized which are protected and natural park/area categories.
4. Listed all areas covered by RA 11038 nationwide and featured it in the slide presentation.
5. Presented some of the protected and natural parks in Region 8 (Eastern Visayas.
6. Grouped and assigned members in respective topics for reporting.

RESULTS AND DISCUSSION:

GOVERNING LAWS
• R.A. 7586 - National Integrated Protected Areas System (NIPAS) Act of 1992
• R.A. 11038 - Expanded National Integrated Protected Areas System (E-NIPAS) Act of 2018

SCOPE OF THE LAW

The law applies to all areas that have been designated or set aside as national parks, game
refuges, bird and wildlife sanctuaries, wilderness areas, strict nature reserves, watersheds,
mangrove reserves, fish sanctuaries, natural and historical landmarks, protected and managed
landscapes or seascapes, and identified virgin forests. It also applies to any other protected
areas that may be established in the future.

PROTECTED AREA
“Identified portions of land and water set aside by reason of their unique physical and biological
significance, managed to enhance biological diversity and protected against destructive human
exploitation” [Sec. 3]

STATE POLICIES
“To secure the perpetual existence of all native plants and animals through the establishment of a
comprehensive system of integrated protected areas.”

“To ensure the full implementation of this Act, the mobilization of resources for the institutional
mechanisms herein established, and the full scientific and technical support needed for the
conservation of biodiversity and the integrity of the ecosystems, culture and indigenous practices.”
[Sec. 2]

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CATEGORIES AND DEFINITION

1. National Park is a forest reservation, essentially of natural wilderness character, which has
been withdrawn from settlement, occupancy, or any form of exploitation except in conformity
with an approved management plan, and set aside as such to conserve the area, or preserve the
scenery, natural and historic objects, wild animals and plants therein, and to provide enjoyment
of these features in such areas.

Lake Danao National Park Samar Island Natural Park

2. Protected area is an identified portion of land and water set aside because of their unique
physical and biological significance, managed to enhance biological diversity, and protected
against destructive human exploitation.

Cuatro Islas Protected Landscape and Seascape

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Protected areas are categorized as:
1. Strict nature reserve - an area possessing some outstanding ecosystems, features, and species
of flora and fauna of national scientific importance, established to protect nature and natural
processes and maintain ecologically representative examples of the natural environment for
scientific study, environmental monitoring, and education.
2. Natural park - a relatively large area not materially altered by human activity, where extractive
resource uses are not allowed, and which is maintained to protect outstanding natural and
scenic areas of national or international significance for scientific, educational, and recreational
use.
3. Natural monument - a relatively small area focused on the protection of nationally significant
natural features on account of their special interest or unique characteristics.
4. Wildlife sanctuary - an area that assures the natural conditions necessary to protect
nationally significant species, groups of species, biotic communities, or physical features of the
environment, where these may require specific human manipulation for perpetuation.
5. Protected landscapes and seascapes - areas of national significance that provide
opportunities for public enjoyment through recreation and tourism within the normal lifestyle
and economic activity of the resident community.
6. Resource reserve - an extensive and relatively isolated and uninhabited area normally with
difficult access designated as such to protect the natural resources for future use, and prevent
or control development.

ESTABLISHMENT AND EXTENT OF THE SYSTEM

The establishment and operationalization of the System shall involve the following:

All areas or islands in the Philippines proclaimed, designated or set aside, pursuant to a law,
presidential decree, presidential proclamation or executive order as national park, game refuge,
bird and wildlife sanctuary, wilderness area, strict nature reserve, watershed, mangrove
reserve, fish sanctuary, natural and historical landmark, protected and managed
landscape/seascape as well as identified virgin forests before the effectivity of this Act are
hereby designated as initial components of the System. [Sec. 5 (a)]

REMAINING INITIAL COMPONENTS

Within 3 years from the effectivity of this Act, the DENR shall undertake the following activities
in preparation for the establishment of the remaining initial components as protected areas
through an act of Congress: [Sec. 5 (a.2)]
1. Provide maps and technical descriptions of the areas.
2. Conduct a suitability assessment of the areas.
3. Conduct public consultations.

Any initial component that does not satisfy the abovementioned requirements shall be
disestablished under Sec. 7 of this Act.

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PROPOSED PROTECTED AREAS

The DENR shall conduct a suitability assessment for each proposed protected area. If found
suitable for inclusion, a report containing the following shall be submitted to the President :
a. Protected area occupants survey
b. An ethnographic study
c. A protected area resource profile.
d. Land and water use plans.
e. Other background studies
The President shall:
• Issue a proclamation establishing the proposed protected areas and providing for
measures for their protection.
• Recommend to the Senate and House of Representatives the designations of protected
areas or reclassifications.
BUFFER ZONES

“Identified areas outside the boundaries of and immediately adjacent to designated protected
areas that need special development control to avoid or minimize harm to the protected area”

ADMINISTRATION AND MANAGEMENT

The NIPAS is placed under the control and administration of the DENR through the Biodiversity
Management Bureau.
Among the powers of DENR Secretary are:
• Issue a system-wide set of rules and regulations.
• Set standards procedures and protocols for the establishment and management of
protected areas and the System.
• Determine a system-wide set of charges.
• Report on the status of the Integrated Protected Area Fund, its collections of fees, and
disbursements.
• Designate the appropriate Chairperson of each Protected Area Management Board [Sec.
10].

PROTECTED AREA MANAGEMENT BOARD (PAMB)

Composition:
• DENR Regional Director
• Governor/s of the province/s • 3 representatives from either
• Senator of the Philippines an NGO or PO At least 1, not
• District representative/s more than 3, representatives
• Mayor/s of the city/cities from all the IPs/ICCs present
• Chairperson/s of barangay/s in the area
• Regional directors of: DA, • 1 representative from an
NEDA, DOST, PNP and DND academic institution
• 1 representative from the
private sector

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ENVIRONMENTAL IMPACT ASSESSMENT (EIA)
➢ Proponents of development projects and activities with potentially significant
adverse impacts shall secure an Environmental Compliance Certificate (ECC) in
accordance with Philippine Environment Impact Statement System.
➢ A prior clearance from PAMB is required before DENR shall issue an ECC. [Sec. 12]

ANCESTRAL DOMAINS & CUSTOMARY RIGHTS

Recognition of Rights and Interests of Indigenous Cultural Communities and Tenured
Migrants
The law recognizes the rights and interests of indigenous cultural communities and
tenured migrants within protected areas. It provides for the recognition of ancestral domain
claims and the establishment of tenure instruments for tenured migrants. Plans, policies,
and rules for land and resource use within ancestral domains and buffer zones are to be
developed and implemented in partnership with the affected communities.

➢ The territories and areas occupied and conserved for and by the IPs and
communities shall be recognized, respected, developed, and promoted. [Sec. 13]

➢ The ICCs and IPs concerned shall have the responsibility to govern, maintain,
develop, protect, and conserve such areas, in accordance with their indigenous
knowledge systems and practices, and customary law, with full and effective
assistance from the NCIP, DENR and other concerned government agencies.

ENERGY RESOURCES
The exploration for energy resources may be allowed in protected areas only for the
purpose of gathering data and information and only if such activity is carried out with the
least damage to surrounding areas. [Sec. 14]

Surveys for Nonrenewable Energy

• Shall be conducted in accordance with a program approved by the DENR
• Results shall be made available to public and submitted to the President.
• Prohibited in areas categorized as strict nature reserves and natural parks.

Renewable Energy Projects

• May be allowed by PAMB with the concurrence of DENR Secretary
• Projects outside the strict protection zones shall undergo EIA and adopt reduced-
impact technologies.
• Sufficient bond shall be remitted to the DENR.

INTEGRATED PROTECTED AREA FUND (IPAF)

The law establishes the IPAF to promote the sustained financing of the NIPAS. The IPAF
receives revenues generated within protected areas, donor support, and other funds, and
disburses them to finance projects of the NIPAS. The law also sets guidelines for the fixing
of fees within protected areas and the collection of money.

A trust fund to finance the projects and sustain the operation of protected areas and the
System. [Sec. 16]
• Income generated from the operation and management of the protected area.

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 • All grants bequests and endowments, donations, and contributions made to the fund
used, directly and exclusively by the protected area shall be exempted from donor’s
tax [Sec. 16-A]

DISTRIBUTION OF REVENUES

• 75% were used solely for the protection,

maintenance, administration, and management
of the protected area and implementation of
duly approved projects.
• 25% to finance the projects of the System.

PROHIBITED ACTS (Sec 20)

The law prohibits various acts within protected areas, such as listed below. Violators of these
prohibitions may be fined or imprisoned, and their equipment and assets may be confiscated.

1. Poaching, killing, destroying, disturbing of any wildlife.

2. Hunting, taking, collecting or possessing of any wildlife or by-products derived therefrom.
3. Cutting, gathering, removing, or collecting timber within the protected areas without
necessary permit
4. Possessing or transporting outside the protected area any timber, forest products, wildlife
or by-products
5. Using any fishing or harvesting gear and practices or any of their variations that destroys
marine or terrestrial habitats
6. Dumping, throwing, using or causing to be dumped into or placed in the protected area of
any toxic chemicals, substances, materials sewage or waste
7. Operating any motorized conveyance within protected area without permit
8. Altering, removing, destroying or defacing boundary marks or signs
9. Engaging in kaingin or causing forest fire
10. Mutilating, defacing, destroying, excavating, vandalizing, damaging any natural formation,
sites, artifacts and other objects of value to ICC/Ips
11. Damaging and leaving roads and trails in damaged condition
12. Littering or depositing refuse or debris on the ground or in bodies of water
13. Possessing or using blasting caps anywhere within protected area
14. Occupying or dwelling in any public land within the protected area without clearance from
PAMB
15. Constructing, erecting, or maintaining any kind of structure, fence or enclosure, conducting
any business enterprise without prior clearance from PAMB and permit from DENR
16. Undertaking mineral exploration or extraction within the protected area
17. Engaging in commercial or large-scale quarrying within the protected area
18. Establishing or introducing exotic species, including GMOs or invasive alien species within
the protected area

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 19. Conducting bioprospecting without prior PAMB clearance
20. Prospecting, hunting or otherwise locating hidden treasures within the protected areas.
21. Purchasing or selling, mortgaging or leasing lands which are covered by any tenurial
instrument
22. Constructing any permanent structure within the 40-meter easement from the high-water
mark of any natural body of water

PENALTIES (Sec 21)

Violation of Sec. 20 (a) to (e):

• P200,000.00 to P1,000,000.00 fine
• 1 to 6 years of imprisonment
• Damages triple the value of the said resources.
• Violation of Sec. 20 (f) to (n):
• P200,000.00 to P1,000,000.00 fine
• 1 to 6 years of imprisonment
Violation of Sec. 20 (o) to (v):
• P1,000,000.00 to P5,000,000.00 fine
• 6 to 12 years of imprisonment
• Violation of agreement with PAMB
• P50,000.00 to P5,000,000.00 admin fines

EXISTING RIGHTS & FACILITIES

All property and private rights shall be protected and respected: provided that the exercise
of such shall be harmonized, as far as practicable, with the provisions of this Act. [Sec. 22]

• PAMB may impose conditions for the continuous operations of facilities found to be
detrimental to the PA until its eventual relocation.
• Structures within the 40-meter easement shall be demolished unless proven
necessary to protect the shoreline and mitigate habitat destruction.
• Those allowed to remain shall be charged a reasonable fee by PAMB [Sec. 24]

TENURED MIGRANTS & OTHER PROTECTED AREA OCCUPANTS

• Eligible to become stewards of portions of lands within multiple-use zones.
• Rights may be transferred only to the spouses or one their direct descendants listed at
the time of survey.
• Those within designated zones not for occupation shall be transferred through just and
humane means.
• Those not qualified shall be resettled outside the protected area. [Sec. 23]

MANAGEMENT ZONES WITHIN PROTECTED AREAS

The law establishes different management zones within protected areas.
• These include strict protection zones, sustainable use zones, restoration zones, habitat
management zones, multiple-use zones, buffer zones, cultural zones, recreational zones, and
special use zones.
• Each zone has specific management objectives and strategies, and the boundaries and
management zones are indicated on maps.

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R.A. 11038 Enumerated 94 Protected Areas. [Sec. 5 (a.1)]

Region Protected Area Province Area (Has.)

1 Kalbario-Patapat Natural Ilocos Norte 3,903.19
Park
2 Libunao Protected Ilocos Norte 47.15
Landscape

3 Bessang Pass Natural Ilocos Sur 581.05

Monument/Landmark

4 Bigbiga Protected Ilocos Sur 142.87

Landscape
5 Lidlidda Banayoyo Ilocos Sur 1,042.29
Protected Landscape
1

6 Salcedo Protected Ilocos Sur 196.33

Landscape (formerly Sta.
Lucia Protected Landscape)

7 Agoo Damortis Protected La Union 10,774.68

Landscape and Seascape

8 Manleluag Spring Protected Pangasinan 1,938.83

Landscape

9 Palaui Island Protected Cagayan 8,048.57

Landscape and Seascape

10 Peñablanca Protected Cagayan 118,653.67

Landscape and Seascape

2
11 Tumauini Watershed Isabela 6,509.38
Natural Park

12 Salinas Natural Monument Nueva Vizcaya 5,966.05

13 Casecnan Protected Quirino, Nueva Vizacaya, and 86,246.77

Landscape Aurora

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 14 Amro River Protected Aurora 6,431.30
Landscape

15 Dinadiawan River Aurora 3,366.54

Protected Landscape

16 Simbahan Talagas Aurora 2,284.30

Protected Landscape

17 Talaytay Protected Aurora 3,598.31

Landscape
3
18 Bataan Natural Park Bataan 20,004.17

19 Roosevelt Protected Bataan 950.43

Landscape

20 Masinloc and Oyon Bay Zambales 7,558.00

Protected Landscape and
Seascape

21 Las Piñas-Parañaque Las Piñas City and Parañaque 181.63

Critical Habitat and City
Ecotourism Area
(LPPCHEA), also known as
Las Piñas-Parañaque
NCR Wetland Park

22 Ninoy Aquino Parks and Quezon City 23.85

Wildlife Center

23 Mts. Palay-Palay-Mataas- Batangas and Cavite 3,972.70

na-Gulod Protected
Landscape

24 Taal Volcano Protected Batangas and Cavite 62,292.16

Landscape

4A 25 Buenavista Protected Quezon 287.24

Landscape

26 Maulawin Spring Protected Quezon 183.15

Landscape

27 Quezon Protected Quezon 1,042.85

Landscape

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 28 Hinulugang Taktak Rizal 3.58
Protected Landscape

29 Pamitinan Protected Rizal 609.15

Landscape

30 Upper Marikina River Basin Rizal 26,125.64

Protected Landscape

31 Marinduque Wildlife Marinduque 9,758.71

Sanctuary

32 Apo Reef Natural Park Occidental Mindoro 15,799.23

33 Mt. Calavite Wildlife Occidental Mindoro 18,172.69

Sanctuary
4B
34 Mts. Iglit-Baco Natural Park Occidental and Oriental 106,655.62
Mindoro

35 Mt. Guiting-Guiting Natural Romblon 15,515.22

Park

36 Mt. Mayon National Park Albay 5,327.15

37 Ticao Burias Pass Protected Albay, Masbate and Sorsogon 414,244.00

Seascape

38 Abasig-Matogdon-Mananap Camarines Norte 5,918.31

Natural Biotic Area

39 Bicol Natural Park Camarines Sur 5466.35

40 Buhi Wildlife Sanctuary Camarines Sur 1,620.65

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41 Lagonoy Natural Biotic Camarines Sur 443.63
Area
42 Malabungot Protected Camarines Sur 147.71
Landscape

43 Mt. Isarog Natural Park Camarines Sur 10,090.89

44 Catanduanes Natural Park Catanduanes 48,924.09

45 Bongsanglay Natural Park Masbate 518.9

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 46 Bulusan Volcano Natural Sorsogon 3641.47
Park
47 North west Panay Aklan and Antique 12.009.29
Peninsula Natural Park

6 48 Sibalom Natural Park Antique 6,778.44

49 Northen Negros Natural Negros Occidental 70,826.16

Park
50 Albirquerque-Loay-Loboc Bohol 1,165.51
Protected Landscape and
Seascape

51 Chocolate Hills Natural Bohol 13,994.95

Monument

52 Panglao Island Protected Bohol 2,445.08

Seascape

53 Rajah Sikatuna Protected Bohol 10,964.64

Landscape

54 Talibon Group of Island Bohol 6,446.31

Protected Landscape and
Seascape
7
55 Camotes Island Protected Cebue 1,436.31
Landscape and Seascape

56 Olango Island Wildlife Cebu 1,382.29

Sanctuary

57 Tañon Strait Protected Cebu, Negros Occidental and 534,589.05

Seascape Oriental

58 Apo Island Protected Negros Oriental 691.4

Landscape and Seascape

59 Balisasayao Twin Lakes Negros Oriental 8,016.05

Natural Park

60 Cuatro Islas Protected Leyte 11,407.46

Landscape and Seascape
8

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 61 Lake Danao Natural Park Leyte 2,244.16

62 Mahagnao Volcano Natural Leyte 340.82

Park

63 Guiuan Marine Resource Eastern Samar 66,725.26

Protected Landscape and
Seascape

64 Biri Larosa Protected Northern Samar 32,284.14

Landscape and Seascape

65 Calbayog Pan-as Hayiban Samar 5,067.93

Protected Landscape

66 Samar Island Natural Park Samar, Eastern Samar and 335,105.57

Northern Samar

67 Basilan Natural Biotic Area Basilan 4,545.99

68 Aliguay Island Protected Iablea City 1,189.36

Landscape and Seascape

69 Turtle Islands Wildlife Tawi-Tawi 242,958.29

Santuary
70 Great and Little Sta. Cruz Zamboanga City 1,827.16
Island Protected Landscape
and Seascape
9

71 Pasonanca Natural Park Zamboanga City 12,102.08

72 Jose Rizal Memorial Zamboanga del Norte 474.82

Protected Landscape

73 Murcielagos Protected Zamboanga del Norte 100.4

Landscape and Seascape

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 74 Selinog Island Protected Zamboanga del Norte 959.41
Landscape and Seascape

75 Siocon Resource Reserve Zamboanga del Norte 855.59

76 Dumanquillas Bay Zamboanga del Sur 26,112.21

Protected Landscape and
Seascape

77 Mt. Timolan Protected Zamboanga del Sur 2,244.54

Landscape

78 Buug Natural Biotic Area Zamboanga Sibugay 1,261.46

79 Mt. Kalatungan Range Bukidnon 22,225.11

Natural Park

80 Mt. Timpoong Hibok-Hibok Camiguin 2,203.39

Natural Monument

81 Mt. Inayawan Range Lanao del Norte 4,236.19

Natural Park

10 82 Baliangao Protected Misamis Occidental 315.5

Landscape and Seascape

83 Initao-Libertad Protected Misamis Oriental 921.02

Landscape and Seascape

84 Mt. Balatukan Range Misamis Oriental 8,437.86

Natural Park

85 Mabini Protected Compostela Valley 7,292.62

Landscape and Seascape

86 Mainit Hot Spring Protected Compostela Valley 1,422.63

Landscape

11
87 Aliwagwag Protected Davao Oriental and 10,261.06
Landscape Compostela Valley

88 Mati Protected Landscape Davao Oriental 884.46

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 89 Pujada Bay Protected Davao Oriental 20,873.43
Landscape and Seascape

90 Saragani Bay Protected General Santos City and 210,887.69

Seascape Sarangani

12
91 Mt. Matutum Protected South Cotabato and 13,947.00
Landscape Sarangani

92 Agusan Marsh Wildlife Agusan del Sur 40,940.96

Sanctuary

93 Siargao Island Protected Surigao del Norte 283,974.77

Landscape and Seascape
13

94 Tinuy-An Falls Protected Surigao del Sur 4,321.75

Landscape

Purpose of the National Integrated Protected Areas System (NIPAS) Implementing Rules and
Regulations
The purpose of the NIPAS Implementing Rules and Regulations is to establish the
processes for the establishment, administration, and management of protected areas in the
Philippines. The law focuses on biodiversity conservation and sustainable development. It
emphasizes the importance of partnerships, community involvement, and the protection of
indigenous cultural communities and tenured migrants.

CONCLUSION

So, therefore, the overall focus and the objectives of NIPAS law are on biodiversity conservation,
sustainable development, and the involvement of local communities and indigenous cultural
communities. biogeographic zones, and related ecosystems. provide for life's diversity in safeguarding
species and habitats and aim to establish a comprehensive and effective system for the protection and
management of protected areas in the Philippines.

REFERENCES

• https://www.officialgazette.gov.ph/downloads/2018/06jun/20180622-RA-11038-RRD.pdf
• https://lawphil.net/statutes/repacts/ra2018/ra_11038_2018.html
• Republic Act No. 11038 - The Lawphil Project[Republic Act No. 11038 - Official Gazette of the Republic of the
Philippines]
• (https://www.officialgazette.gov.ph/2018/06/22/republic-act-no-11038/)Expanded National Integrated
Protected Areas System (ENIPAS) Act (RA 11038)
• Republic Act 11038. Expanded National Integrated Protected Areas System
• https://www.philchm.ph/terrestrial/

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