The NIPAS Law and Constitutional Issues
Environmental law in the Philippines is still in its initial stages. Though a number of laws have already been passed to protect the environment and address related issues, there is an acute problem in the implementation of laws. Part of the problem is due to the fact that some of our environmental laws are not well crafted. This is understandable since environmental legislation is still an emerging trend in the Philippines. People are just beginning to listen with the recent natural disasters and the threat of global warming. But a lot of change has occurred since 1992; thus, there is a need to review the NIPAS and related laws to reflect and address these changes. The NIPAS Act was passed pursuant to the Constitutional mandate of protection and conservation of the environment. Under Section 3, Article XII of the 1987 Philippine Constitution, lands of public domain are classified into four categories: agricultural, forest or timber, mineral lands, and national parks. The NIPAS law provides the legal framework for the establishment and administration of a comprehensive system of integrated protected areas within the classification of national park as provided in the Constitution.2 Section 4 of Article XII on National Economy and Patrimony provides that Congress shall as soon as possible determine by law the specific limits of forests lands and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and national parks shall be conserved and may not be increased nor diminished except by law. Therefore, Congress is mandated by the Constitution to enact laws which are aimed at the
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preservation and conservation of forest lands and national parks. The NIPAS Act further categorizes protected areas into strict nature reserve, natural park, natural monument, wildlife sanctuary, protected landscapes and seascapes, resource reserve, natural biotic areas and other categories established by law, conventions, or international agreements which the Philippine government is a signatory. Under the law, 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 the Act are to be designated as initial components of the System.3 Additional areas with outstanding physical features, anthropological significance and biological diversity may also be included in the system.4 There were 202 identified initial components of the NIPAS comprising of proclaimed national parks, game refuge and wildlife sanctuaries, nature reserves, wilderness areas, mangrove reserves, watershed reservations, fish sanctuaries, protected landscapes and seascapes,
Section 2, NIPAS Section 5(a) NIPAS 4 Section 6, Ibid 2 3
An In-Depth Review of the Nipas Law and Related Statutes on the Establishment and Management of Protected Areas in the Philippines
