In-depth Review of the NIPAS - Protected Areas Management Philippines

Foreword The Philippines is among the 18 most mega-diverse countries in terms of biological diversity. The diversity of the country’s flora and fauna is enormous and many of them are found nowhere else in the world. Sadly, it is also considered as the “hottest of the hotspots”, in terms of biological diversity.

Habitat destruction is at an alarmingly rapid rate and inadequacies exist in the current environmental framework. The Philippines adopted the Protected Area Management system as an approach for protecting and maintaining the natural biological and physical diversities of the environment notably on areas with biologically unique features to sustain human life and development, as well as plant and animal life through the legislation of RA 7586 or the National Integrated Protected Areas System (NIPAS Act). However, the implementation of NIPAS Act remains a challenge because of its certain provisions which are in conflict with other environment laws.

The Philippine Development Plan (PDP) 2011-2016 duly acknowledged the abovementioned facts i.e. implementation of various laws and policies are confused by overlapping and conflicting policies and mandates. Thus, the need for an in-depth review and harmonizing a number of conflicting relevant laws and policies affecting natural resources was undertaken.

This joint study of GIZ Philippines (formerly known as GTZ) through its Environment and Rural Development (EnRD) Program and the Protected Areas and Wildlife Bureau (PAWB) of the Department of Environment and Natural Resources (DENR) in partnership with the Silliman University (SU) is very timely.

This study, entitled “An In-depth Review of NIPAS and Related Statues on the establishment and management of Protected Areas in the Philippines”, critically assessed nine legislations namely: National Integrated Protected Areas System, Revised Forestry Code of the Philippines, Wildlife Resources Conservation and Protection Act, Philippine Fisheries Code, Agriculture and Fisheries Modernization Act, Philippine Mining Act, Indigenous Peoples’ Rights Act, Local Government code of 1991 and the Convention on Biological Diversity. It builds on the experiences of the study team in the implementation of various environmental projects in the Philippines. Complementing the policy study is the management effectiveness assessment conducted by the joint Philippine-German team in identified six sites representing terrestrial and marine ecosystems.

This report contains the findings and recommendations to harmonize conflicting legislations between the NIPAS and the other laws affecting natural resources. On behalf of the study team, GIZ, PAWB and SU expect that the recommendations of this study will hopefully be used to clarify and ultimately resolve conflicting areas in the implementation of the NIPAS and the other legislations.