Comparative Legal Analysis of the NIPAS Law
The NIPAS Law and the Agriculture and Fisheries Modernization Act
The NIPAS Law and the Agriculture and Fisheries Modernization Act (Republic Act 8435)
Assessment The NIPAS Act was enacted with the objective of creating integrated protected areas within the classification of national parks. The purpose of these protected areas is for the protection, management and enhancement of biological diversity and to protect the same from destructive human exploitation. The subject of the law is the PA that is legally recognized to be protected and conserved. On the other hand, the AFMA was enacted in order to increase productivity of the agricultural sector, increase market efficiency and promote modernization. The object of the AFMA is to modernize and industrialize the agriculture and fishery sector of society. While it also creates a physical area called the Strategic Agriculture and Fisheries Development Zone (SAFDZ), it is not the protection of this area that is the object of the law. The object is to give both farmers and fishermen the opportunity to optimize production. It would thus appear that the policies of both laws are divergent. The NIPAS law is aimed at conservation and preservation of wildlife and biodiversity through settingup legal demarcations as to where human activities may be prohibited, allowed or minimized in certain geographical areas.
On the other hand, AFMA is aimed at modernizing Philippine agriculture and aquaculture, which in itself encourages utilization and exploitation of resources rather than conservation and protection. There are various activities supporting the production and marketing aspects of agriculture and fisheries development under AFMA. Foremost is the identification of Strategic Agricultural and Fisheries Development Zones (SAFDZ). These are zones identified based on the network of protected areas for agricultural and agroindustrial development or NPAAAD. What makes SAFDZ vital is the principle of using efficiency in assigning agricultural areas for food production and security.
Areas of concern A key feature of the NIPAS law is that it not only includes terrestrial areas but include marine and freshwater habitats as well. This is where a conflict between the two laws may arise. Much like the conflict between the NIPAS law and the Fisheries Code, there are some marine habitats which have been declared as protected seascapes. If an area delineated in the AFMA as a SAFDZ comes within an area created by the NIPAS law as a protected area, then there is conflict in jurisdiction and policy implementation. Section 20 of the NIPAS Act prohibits, among others, the hunting of animals and possession of plants within the protected area. The SAFDZ, on the other hand, is supposed to be an area of production. When a SAFDZ is included in a protected area, which one prevails, the NIPAS Act or
An In-Depth Review of the Nipas Law and Related Statutes on the Establishment and Management of Protected Areas in the Philippines
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