REPUBLIC ACT NO. 12238 AN ACT DECLARING THE WATERS SURROUNDING PANAON ISLAND SITUATED IN THE PROVINCE OF SOUTHERN LEYTE, A PROTECTED SEASCAPE UNDER THE NATIONAL INTEGRATED PROTECTED AREAS SYSTEM, TO BE REFERRED TO AS THE PANAON ISLAND PROTECTED SEASCAPE, PROVIDING FOR ITS MANAGEMENT, AND APPROPRIATING FUNDS THEREFOR August 29, 2025

ARTICLE I   

GENERAL PROVISIONS    

SECTION 1.Short Title. -This Act shall be known as the "Panaon Island Protected Seascape   Act".   

SEC. 2.Declaration of Policy. -Cognizant of the profound impact of human activities on all components of the natural environment, it is hereby declared the policy of the State to secure for the Filipino people of present and future generations, the perpetual existence of all native plants and animals through the declaration of protected areas under the National Integrated Protected Areas System (NIPAS) within the classification of national park as provided in the Constitution.   

In recognition of the richness of biological resources, both flora and fauna, that are native and distinct to the surrounding waters of Panaon Island, as well as their aesthetic and ecological importance, a parcel of land of the public domain located in the Municipalities of Liloan, Pintuyan, San Francisco, and San Ricardo in the Province of Southern Leyte, is hereby declared a protected area under the category of protected seascape and shall hereinafter be referred to as the Panaon Island Protected Seascape (PIPS). As such, the State shall ensure the conservation, protection, management, and rehabilitation of the area. It is likewise recognized that effective administration of this area is possible only through cooperation among the national government, local government units (LGUs), concerned non-governmental organizations (NGOs), private entities, and local communities. The use and enjoyment of this area must be consistent with the principles of biological diversity and sustainable development.   

Towards this end, the State shall 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, and cultural and indigenous practices.   

SEC. 3.Classification as a National Park.- The PIPS is composed of a waters surrounding the Panaon Island situated in the Municipalities of Liloan, Pintuyan, San Francisco, and San Ricardo in the Province of Southern Leyte, the metes and bounds of which are described in Section 4 of this Act. All lands of the public domain within the coverage and scope of the PIPS shall fall under the classification of a national park as provided for in Article XII, Section 3 of the Constitution.   

SEC. 5.Scope and Coverage.- The PIPS shall cover the Municipalities of Liloan, San Francisco, Pintuyan, and San Ricardo, Province of Southern Leyte.   

Beginning at a point marked "1" on the map being N 81^o04'54"E,1607.313 meters from PRS'92 Control Monument "LYS-7" with geographic coordinates of 10^o9'35.928606" Latitude and 125^o6'59.18374" Longitude located in Barangay Poblacion, Municipality of Liloan, Province of Southern Leyte, 

from the point of beginning containing an area of sixty-one thousand two hundred four (61,204) hectares, more or less. Bearings and distances of lines were derived using the PRS 1992 Philippines Zone V coordinate system, subject to ground delineation and demarcation. The geographic coordinates of the control monument "LYS-7" are based on re-observed data.   

The Certification from the National Mapping and Resource Information Authority (NAMRIA) containing the boundaries and technical descriptions of the PIPS is hereby adopted and made an integral part of this Act. In case of inconsistency, the boundaries and technical descriptions in the attached Certification shall prevail.   

Any modification of the scope and coverage of the PIPS in this Act shall be made through an act of Congress, after consultation with the government agencies and stakeholders concerned.   

SEC. 5.Establishment of Buffer Zones. -The Secretary of the Department of Environment and Natural Resources (DENR), upon the recommendation of the Protected Area Management Board  (PAMB) created under Section 7 of this Act, may designate areas surrounding the PIPS as buffer zones for the purpose of providing an extra layer of protection where restrictions may be applied:Provided,That in cases where restrictions the designated buffer zone would cover private lands, the owners thereof shall be required to design their development with due consideration to the PIPS management plan.   

SEC. 6.Strict Protection Zone.- An area declared in accordance with the PIPS management plan, possessing some outstanding ecosystem, features, and species of flora and fauna of national scientific importance should be maintained to protect and to preserve nature in its undisturbed state and to preserve ecologically representative examples of the natural environment to ensure their availability for scientific study, environmental monitoring, education, and for the maintenance of genetic resources in a dynamic and evolutionary state.   

ARTICLE II   

ADMINISTRATION AND MANAGEMENT   

SEC. 7.Protected Area Management Board.- Within ninety (90) days from the effectivity of this Act, a Protected Area Management Board (PAMB) shall be created to oversee the management of the PIPS. The PAMB shall be composed of the following:   

(a) DENR Regional Executive Director for Region VIII, as Chairperson;  

(b) Governor of the Province of Southern Leyte where the PIPS is located or a duly designated representative;   

(c) Senators of the Republic of the Philippines who are duly registered of the city or province where the PIPS is located, or their duly authorized representatives, unless the Senators decline membership in the PAMB;   

(d) District Representatives of the Congressional districts where the PIPS is located, or their duly designated representatives, unless the District Representatives decline membership in the PAMB;   

(e) Mayors of the Municipalities of Liloan, San Francisco, Pintuyan, and San Ricardo where the PIPS is located or their duly designated representatives;   

(f) Chairperson of the all the barangays where the PIPS is located;   

(g) Regional Directors of the following government agencies: Department of Agriculture (DA), National Economic and Development Authority (NEDA), Department of Science and Technology (DOST), Philippine National Police (PNP), Department of National Defense (DND), and Department of Tourism (DOT);   

(h) Three (3) representatives from either NGOs or people's organizations (POs) duly accredited both by the DENR and the Provincial Government of Southern Leyte. The NGOs or POs represented should have been in existence for at least five (5) years and with track record in or related to protected area management;   

(i) At least one (1) but not more than three (3) representatives from all the ICCs/IPs present in the area and recognized by the National Commission on Indigenous Peoples (NCIP);   

(j) One (1) representative from an academic institution, preferably from a university or college in the Province of Southern Leyte where the PIPS is located, with proven track record in or related to protected area management; and   

(k) One (1) representative from the private sector, preferably a resident of the Province of Southern Leyte where the PIPS is located, who is distinguished in a profession or field of interest relevant to PIPS management.   

The terms of office of PAMB members, as well as the grounds for their removal, shall be in accordance with the provisions of Republic Act No. 7586, otherwise known as the "National Integrated Protected Areas System Act of 1992", as amended by Republic Act No. 11038, otherwise known as the "Expanded National Integrated Protected Areas System Act of 2018".   

SEC. 8.Powers and Functions of the PAMB.- The PAMB shall have the following powers and functions:   

(a) Oversee the management of the PIPS;   

(b) Approve policies, plans and programs, proposals, agreements, and other related documents for the management of the PIPS;   

(c) Approve the management plan of the PIPS and ensure its harmonization with and integration into the Ancestral Domain Sustainable Development and Protection Plan (ADSDPP), land use and other development plans, public or private, and their implementation;   

(d) Adopt a manual of operations to include rules of procedure in the conduct of business, and the creation of committees and their respective terms of reference;   

(e) Recommend the deputation of appropriate agencies and individuals for the enforcement of laws, rules, and regulations governing the management of the PIPS;   

(f) Allocate financial resources for the implementation of the management plan and manage the Protected Area Retained Income Account (PA-RIA) and other funds in accordance with government accounting, budgeting, and auditing rules and regulations;   

(g) Set fees and charges in accordance with existing guidelines;   

(h) Issue rules and regulations for the resolution of conflicts through appropriate and effective means;   

(i) Recommend appropriate policy changes to the DENR and other governing authorities including the Philippine Coast Guard (PCG), which shall perform its mandate of regulating speed limit of all vessels plying the waters around PIPS to protect large marine animal species, includingtiki tikior whale sharks and other wildlife from injury, disturbance, and death, especially in their migratory pathway, critical feeding, and resting areas;   

(j) Monitor and assess the performance of the Protected Area Superintendent (PASu) and other PIPS personnel and compliance of partners with the terms and conditions of any undertaking, contract, or agreement relative to any project or activity within the PIPS;   

(k) Recommend the designation or appointment of the PASu from a shortlist of qualified candidates; and   

(l) Assess the effectiveness of the management of the PIPS:Provided,That the  members of the management board representing the LGUs and national agencies in the PAMB shall inform their respective constituents, offices, or sectors of PAMB-approved or other relevant policies, rules, regulations, programs and projects and shall ensure that the provisions of this Act and its implementing rules and regulations are complied with and used as reference and framework in their respective plans, policies, programs, and projects. Failure to comply with the foregoing shall be the basis for disciplinary action against such member according to administrative rules and regulations and such penalties as the PAMB may provide:Provided, further,That the DENR, through the Regional Executive Director, shall ensure that the PAMB acts within the scope of its powers and functions. In case of conflict between the resolution issued by the PAMB and the existing administrative orders of national application, the latter shall prevail.   

SEC. 9.The Protected Area Management Office.- There is hereby established a Protected Area Management Office (PAMO) to be headed by a PASu who shall supervise the day-to-day management, protection, and administration of the PIPS. The PASu shall hold a permanent plantilla position and shall be appointed by the DENR Secretary. A sufficient number of support staff with permanent plantilla positions shall likewise be appointed by the DENR Secretary to assist the PASu in the management of the PIPS   

The PASu shall be primarily accountable to the PAMB and the DENR for the management and operations of the PIPS. Pursuant to thereto, the PASU shall have the following duties and responsibilities:   

(a) Prepare the management plan, including the annual work and financial plan and ensure its implementation, in consultation with stakeholders;   

(b) Ensure the integration of PIPS management plan, programs, projects, and policies with relevant national and LGUs' plans and programs;   

(c) Provide secretariat services to the PAMB and its committees and ensure the availability of relevant and timely information for decision-making;   

(d) Formulate and recommend proposed policies, rules, regulations, and programs to the PAMB;   

(e) Establish, operate, maintain a database management system which shall be an important basis for decision-making;   

(f) Enforce the laws, rules, and regulations relevant to the PIPS, commence and institute administrative and legal actions in collaboration with other government agencies or organizations, and assist in the prosecution of offenses committed in violation of the provisions of this Act;   

(g) Monitor, evaluate, and report the implementation of management activities of the PIPS;   

(h) Request for and receive any technical assistance, support, or advice from any agency or instrumentality of the government as well as academic institutions, NGOs, and the private sector, as may be necessary for the effective management, protection, and administration of the PIPS;   

(i) Issue permits and clearances for activities that implement the management plan and other permitted activities in accordance with terms, conditions, and criteria established by the PAMB:Provided,That all permits for extraction of natural resources, including collections of wildlife, and its by-products or derivatives for research purposes, shall continue to be issued by relevant authorities, subject to prior clearance from the PAMB, through the PASu, in accordance with the specific acts to be covered;   

(j) Collect and receive pertinent fees, charges, donations, and other income for the PIPS:Provided,That such fees, charges, donations, and other income collected and received shall be reported regularly to the PAMB and the DENR in accordance with existing guidelines;   

(k) Prepare and recommend to the PAMB, the approval of the annual work and financial plans of the PIPS based on the management plan; and   

(l) Perform such other functions as the PAMB and the DENR may assign.   

The PAMO may be augmented by the deputized local environment and natural resources officers upon the recommendation of the PAMB and approval of the DENR.   

ARTICLE III   

PROCEEDS AND FEES   

SEC. 10.Panaon Island Protected Seascape-Integrated Area Fund.- There is hereby established a trust fund to be known as the Panaon Island  Protected Seascape-Integrated Protected Area Fund (PIPS-IPAF) for purposes of financing projects and sustaining the operation of the PIPS and the NIPAS. All income generated from the operation and management of PIPS shall accrue to the PIPS-IPAF. The income shall be derived from fees and charges from the use of resources and facilities of the PIPS, and such other fees and income derived from the operation of the PIPS.   

The PAMB shall retain seventy-five percent (75%) of all revenues raised through the above means, which shall be deposited in the PA-RIA in any authorized government depository bank within the locality:Provided,That disbursements out of such deposits shall be used solely for the protection, maintenance, administration, and management of the PIPS and implementation of duly approved projects of the PAMB.   

The remaining twenty-five (25%) of revenues shall be deposited as a special account in the General Fund in the National Treasury for purposes of financing the projects of the NIPAS.   

The fund may be augmented by grants, donations, and endowment from various sources, domestic or foreign:Provided,That the fund shall be deposited in full in a special account in the National Treasury and disbursements therefrom shall be made solely for the protection, maintenance, administration, and management of the NIPAS and for duly approved projects endorsed by the PAMB in accordance with existing accounting, budgeting, and auditing rules and regulations:Provided, further,That the funds shall not be used to cover personal services expenditures.   

The LGUs shall continue to impose and collect all other fees not enumerated herein which they have traditionally collected, such as for business permits, property tax, and rentals of LGUs' facilities.   

ARTICLE IV   

MISCELLANEOUS PROVISIONS   

SEC. 11.Appropriations.- The Secretary of the DENR shall immediately include in the Department's program the implementation of this Act, the funding of which shall be included in the annual General Appropriations Act.   

SEC. 12.Suppletory Application of the NIPAS Law.- The provisions of Republic Act No. 7586, as amended by Republic Act No. 11038, shall have suppletory application to this Act.   

SEC. 13.Implementing Rules and Regulations.- Within ninety (90) days from the effectivity of this Act, the Secretary of the DENR shall, in consultation with the local government of the Municipalities of Liloan, San Francisco, Pintuyan, and San Ricardo, the Provincial Government of Southern Leyte, and concerned national government agencies, issue the corresponding rules and regulations for the effective implementation of this Act.   

SEC. 14.Separability Clause.- If any provision of this Act is held unconstitutional or invalid,other parts or provisions hereof not affected thereby shall continue to be in full force and effect.   

SEC. 15.Repealing Clause.- All laws, decrees, executive orders, rules and regulations, and other issuances or parts thereof which are contrary or inconsistent with this Act are hereby repealed, amended or modified accordingly.   

SEC. 16.Effectivity.- This Act shall take effect fifteen (15) days after its publication in theOfficial Gazetteor in a newspaper of general circulation.   

Approved,