WHEREAS, Section 10, Republic Act No. 10067 created the Tubbataha Protected Area Management Board (TPAMB) as the sole policy-making and permit-granting body of the Tubbataha Reefs Natural Park (TRNP);

WHEREAS, Republic Act No. 10067 empowers the TPAMB to œdecide matters relating to planning, resource use and protection, and general administration of the area in accordance with the management plan , as well as to œpromulgate rules and regulations and impose penalties for violations thereof ;

WHEREAS, Section 42, Republic Act No. 10067 requires the TPAMB to prepare the implementing rules and regulations within six (6) months upon effectivity of this Act;

WHEREAS, there is a need to create a smaller body vested with quasi-judicial powers for the purpose of providing the administrative machinery to impose penalties, such as fines, confiscation and forfeiture as mandated under Section 13 (l) of the Republic Act No. 10067 for violations of the Act and other regulations issued by the TPAMB; adjudication of cases for violations of RA No. 10067 and other TPAMB issuances;

NOW THEREFORE, for and in consideration of the above premises, be it resolved as it is hereby resolved, that the TPAMB approves THE IMPLEMENTING RULES AND REGULATIONS OF THE TUBBATAHA REEFS NATURAL PARK ACT OF 2009:

SUBJECT: IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT 10067 OR AN ACT ESTABLISHING THE TUBBATAHA REEFS NATURAL PARK (TRNP) IN THE PROVINCE OF PALAWAN AS A PROTECTED AREA UNDER THE NIPAS ACT (RA 7586) AND THE STRATEGIC ENVIRONMENTAL PLAN (SEP) FOR PALAWAN ACT (RA 7611), PROVIDING FOR ITS MANAGEMENT AND FOR OTHER PURPOSES

Pursuant to Section 42 of the TRNP Act and consistent with the NIPAS Act (RA 7586), the Wildlife Conservation and Protection Act (RA 9072), The SEP Law (RA 7611), and the Local Government Code (RA 7160), the Implementing Rules and Regulations of the TRNP Act is hereby promulgated.

PART 1 - GENERAL PROVISIONS AND APPLICATION

Rule 1. Title. This Resolution shall be known as the Implementing Rules and Regulations of the Tubbataha Reefs Natural Park (TRNP) Act of 2009.

Rule 2. Management of Buffer Zone. The Tubbataha Protected Area Management Board (TPAMB), shall exercise authority over the buffer zone, which shall include management prescriptions pertaining to the buffer zone in its management plan. The TRNP buffer zone is established to protect the Park from direct or indirect impacts resulting in the conduct of activities in its periphery, such as, but not limited to, energy exploration and navigation.

The TPAMB shall indicate the allowable uses within the buffer zone in the TRNP Management Plan. The same shall be communicated to relevant agencies, such as, but not limited to, the NAMRIA, MARINA, DOE, DFA, etc.

Rule 3. Other Management Zones. Aside from the buffer zone, other management zones and their uses, which may be established by the TPAMB, shall form an integral part of the TRNP Management Plan.

PART 2. MANAGEMENT OF THE TRNP

Rule 4. The Tubbataha Protected Area Management Board (TPAMB).

Rule 4.1. Designation of Regular Members. Each member as enumerated under Section 10 of the Act shall designate a duly authorized representative who shall sit in person as regular member of the TPAMB.

Rule 4.2. Permanent Alternate. A permanent alternate may be designated by a regular member to sit in the TPAMB in the absence of the latter. The permanent alternate shall have the authority to bind the regular member and the agency represented.

Rule 4.3. NGO Representation. There shall be one (1) representative each from three (3) NGOs that are involved in the conservation and management of TRNP. Should there be more than three (3) qualified NGOs, the TMO shall convene a meeting of the NGOs to select who shall sit in the TPAMB following the guidelines on selection to be formulated by the Executive Committee (ExeCom) and approved by the TPAMB. Representatives of NGOs shall be endorsed by their respective heads of organizations.

Rule 4.4. PO Representation. There shall be one (1) representative each from two (2) POs based in the municipality of Cagayancillo that are engaged in the conservation and management of TRNP. Should there be more than two (2) qualified POs, the same procedure in Rule 4 shall apply.

Rule 4.5. Representation of Academic Institutions. There shall be one (1) representative each from two (2) academic institutions based in the Province of Palawan that offer courses on natural resources management. Should there be more than two (2) such academic institutions, the same procedure in Rule 4.3 shall apply.

Rule 4.6. Entry into Office. Each member shall take an oath of office before any public officer authorized to administer oath prior to entry into office.

Rule 4.7. Notice of Meetings. Written notices to regular meetings shall be provided by the Secretariat at least three (3) days before the scheduled meeting. It shall include the agenda, time and venue of the meeting. When necessary, the TPAMB may hold more than one (1) regular meeting in one quarter.

In case of urgency, the PASu may initiate a special meeting with the approval of any of the Chairs. Notices shall be served at least one day before the scheduled meeting indicating agenda, time, date and venue, and may be in any form, e.g., text, telephone, e-mail, or other expeditious means.

Rule 4.8. Quorum. A simple majority shall constitute a quorum for the TPAMB and the ExeCom to conduct business.

Rule 4.9. Disciplinary Measures. Habitual absences in regular TPAMB meetings constitute negligence of duty pursuant to the Uniform Rules on Administrative Cases in the Civil Service. Three (3) absences in a year constitute habitual absenteeism. The TPAMB shall call the attention of habitual absentee members and the agency or organization they represent in the form of a resolution without prejudice to the filing of appropriate administrative cases.

Rule 4.10. Removal from the TPAMB. The following grounds shall be cause for removal of representatives from the TPAMB:

a. More than three (3) absences during scheduled meetings of the TPAMB
b. Commission of acts prejudicial to the management of protected areas
c. Dissolution of the agency or organization being represented

The concerned agency shall replace its representative not later than the succeeding TPAMB meeting.

Rule 5. The Executive Committee (ExeCom). The TPAMB may delegate some of its powers and functions to the Executive Committee.

Rule 5.1. Composition. The following shall constitute the Executive Committee:

a. Philippine Navy
b. Philippine Coast Guard
c. DENR
d. PCSD
e. WWF-Philippines
f. Saguda-Palawan
g. Local Government of Cagayancillo
h. CI-Philippines
i. Office of the Governor

Representatives of the DENR or PCSD shall co-chair the ExeCom. In the absence of both, the body shall choose a presiding officer from among themselves.

Rule 5.2. Meetings. The ExeCom shall meet once a month or as often as may be necessary. Regular member shall attend the ExeCom meetings. In the absence of the regular member, the designated permanent alternate may attend the ExeCom meetings.

Rule 5.3. Powers and Functions. The following powers and functions are delegated to the ExeCom:

a. Review all proposals and plans emanating from the TMO
b. Endorse to the TPAMB operational guidelines, proposals and work plans
c. Disburse restricted funds in accordance with the provisions of the grant agreement
d. Authorize bridge financing from the Trust Fund not exceeding One Million Pesos (PhP1M)
e. Exercise supervision of the TMO
f. Evaluate the performance of the TMO annually
g. Perform other powers and functions as the TPAMB may delegate from time to time

Rule 6. The TPAMB Board TAB. The TPAMB shall formulate the guidelines for the exercise of the quasi-judicial functions of the TPAMB.

Rule 6.1. Composition of the TPAMB Quasi-Judicial Body to be known as TAB. The TAB shall be composed of the following members:

a. DENR representative
b. PCSD representative
c. NGO representative
d. BFAR representative
e. PN representative
f. PCG representative
g. Academe representative

Regular members may constitute the TAB, or in their absence, the permanent alternates. They shall select a chairman from among themselves.

In the event that the membership of a TAB member in the TPAMB expires, or is vacated, the TPAMB shall designate any regular member as a member of the TAB, until such time as the successor to the vacated post is duly admitted as TPAMB member.

6.3. Quorum. The majority of the members shall constitute a quorum for the TAB to conduct business.

6.4. Procedural Guidelines for Adjudication of Administrative Cases. The procedural guidelines for adjudication of administrative cases filed before the TAB shall be in conformity to the Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC). 

Rule 6.4.1. Scope of Application. These guidelines shall apply to all cases involving the violation of RA No. 10067 and other TPAMB policies that may be adopted for the effective implementation of RA No. 10067, otherwise known as the Tubbataha Reefs Act of 2009.

Rule 6.4.2. Technical Rules in Administrative Proceedings. Administrative proceedings before the TAB shall be summary in nature, as herein provided for the conduct thereof, without necessarily adhering to technical rules of procedure applicable to judicial proceedings.

Rule 6.4.3. Original Jurisdiction. The TAB shall have exclusive and original jurisdiction over all complaints pertaining to violations of RA No. 10067 and other policies of the TPAMB. 

Rule 6.4.4. Prohibited Pleadings or Motions. The following pleadings or motions shall not be allowed:

a. Motion to dismiss the complaint;
b. Motion for a bill of particulars;
c. Motion for extension of time to file pleadings, except to file Answer, the extension not to exceed fifteen (15) days;
d. Motion to declare the defendant in default;
e. Reply and rejoinder; and
f. Third party complaint

Rule 6.4.5. Verified Complaint. The complaint shall contain the names of the parties, their addresses, the cause of action, and the reliefs prayed for.

All evidence proving or supporting the cause of action consisting of the affidavits of witnesses, documentary evidence and if possible, object evidence. The affidavits shall be in question and answer form.

Rule 6.4.6. Who May File a Complaint. Any person who has personal knowledge of the facts and circumstances constituting a violation of RA No. 10067 and other policies of the TPAMB may file a complaint against any person or persons, natural or juridical, involved in such violation/s. And, in case a juridical person is thus charged, then its president, manager or head of office shall also be impleaded in his/her official capacity. In the absence of personal knowledge on the part of the complainant, the complaint must be supported by an affidavit under oath of the person/s who has personal knowledge of the violation.

Rule 6.4.7. Manner of Filing. The complaint together with the affidavit/s and other supporting documents may be filed in the Tubbataha Management Office (TMO). However, the complaint shall be deemed filed upon receipt by the Board Secretariat as provided under Rule 6.4.11 hereof.

The complaint and the supporting documents must be filed in nine (9) copies. Additional copies equivalent to the number of respondents shall be required when the number of respondents as indicated in the complaints is more than one.

Rule 6.4.8. Docket Fees. No docket fees shall be imposed in filing a complaint. 

Rule 6.4.9. Number of Copies of all Pleadings before the Board. All pleadings before the Board must be filed in nine (9) copies and must show proof of service thereof to the adverse party.

Rule 6.4.10. Assistance of Counsel. The respondent may be assisted by counsel of choice for purposes of the proceedings before the TAB. However, a party may be authorized to litigate his own action, claim or defense before the TAB.

Rule 6.4.11. Recording of the Complaint. The receiving officer or staff of the TAB Secretariat shall record the receipt of any complaint and shall immediately forward the same to the TAB Secretary, docket the complaint, and assign a specific identification number for reference purposes.

Rule 6.4.12. Summons. The TAB Secretary shall immediately issue the corresponding summons to the respondent/s named in the complaint, attaching therewith a copy of the complaint and other supporting documents, if there are any. The summons shall serve as notice of violation and should therefore state the following: 

a. names of the parties to the action;
b. the specific alleged violation/s;
c. the specific provision of the rules or order allegedly violated;
d. the applicable penalty, and;
e. a direction that the respondent must answer within the time fixed by these rules and that failure to answer would constitute a waiver of his/her right to refute the allegations in the complaint and the case shall be decided based on the documents submitted by the complainant.

6.4.13. Answer. The respondent/s shall file an answer or counter affidavit within fifteen (15) calendar days from receipt of the summons.

The respondent/s shall furnish the complainant with a copy of his/her answer or counter affidavit, together with supporting documents. Proof of service in the form of an affidavit of service of such copy to the complainant shall be filed prior to or simultaneous with the filing of such answer or counter affidavit to the TAB Secretary. Said copy shall be served through registered mail with registry return card if personal service cannot be effected.

Rule 6.4.14. Failure to File Answer; Waiver. If no answer is filed within the period provided under the immediately preceding section, the respondent shall be considered to have waived his right to answer and to present evidence. Moto proprio or on motion of the complainant, the TAB shall render judgment as may be warranted by the facts alleged in the complaint and limited to what is prayed for therein.

Rule 6.4.15. Consolidation. Cases involving a common cause of action and involving the same respondent/s may be consolidated to avoid unnecessary costs and delay.

Rule 6.4.16. Preliminary Conference. Not later than fifteen (15) days upon receipt of the answer, the preliminary conference may be held before the TAB, which shall be scheduled on the second Thursday of the month or any day as may be directed by the TAB. The Preliminary Conference shall consider the following:

a. For the parties to consider and agree on the admission or stipulation of facts and of documents, simplification of issues, the necessity or desirability of amendment to the pleadings, identification and marking of evidence and such other matters as may aid in the prompt and just resolution of the case;

b. Whether the parties are amenable to submitting the case for resolution on the basis of the complaint, answer, evidence on record and such other evidence, pleadings, position paper or memorandum as may be submitted during or after the preliminary conference;

c. Whether there is a need for clarificatory hearings or dispensing with the cross-examination of the complainant, respondent, or their witnesses;

d. Hearing dates; and

e. Whether the parties are amenable to submit the case for Alternative Dispute Resolution or Mediation. For this purpose, the TAB shall refer the case to a third party Mediator who is acceptable to the parties or any party may nominate a Mediator for the concurrence of the other party.

Exhibits not marked during the preliminary conference shall not be allowed to be presented as evidence. Affidavits of witnesses shall be in question and answer form and shall constitute the direct examination of the witness.

When the case is referred for Mediation, the designated Mediator shall submit within thirty (30) days a Mediation Report. The report shall state whether the mediation was successful or not. When the mediation succeeds, copy of the Agreement reached by the parties shall be attached to the report. Such Agreement may be deposited in Court. When the Mediation of the case fails, the preliminary conference of the parties shall resume.

During the scheduled preliminary conference, no motion for postponement may be filed. After the preliminary conference of parties, the TAB shall issue a preliminary conference order indicating therein the matters taken up, admissions made by the parties and issues for resolution.

The order shall also direct the parties to simultaneously submit, within fifteen (15) days from the receipt of said order, their respective position papers, which shall be limited to a discussion of the issues as defined in the order.

In case of failure to appear, the TAB may direct the parties to file their respective position papers and the TAB shall consider the case submitted for resolution.

Rule 6.4.17. Hearing before the TAB. After all the issues have been joined, the TAB shall determine whether or not there is a need for a hearing for the purpose of cross-examination of the affiant/s. If the TAB finds no necessity for conducting a hearing, it shall issue an order to that effect and shall state basis thereof. Then the case shall automatically be deemed submitted for decision.

The affidavits of the parties and their witnesses shall take the place of their direct testimony. In cases where the TAB deems it necessary to allow the parties to conduct cross-examination, the case shall be set for hearing.

In case hearings are held, only those witnesses who have submitted their affidavits on or before the preliminary conference or specified date shall be allowed to testify. The affidavit of any witness shall constitute his direct testimony, subject to cross-examination by the other party. In the cross-examination of witnesses, only relevant, pertinent and material questions necessary to enlighten the TAB shall be allowed.

Rules 6.4.18. Resolution. Within fifteen (15) days after receipt of position paper or after the expiration of the period to file position paper or after the last hearing, the TAB shall render its decision in writing, stating therein the facts and the law upon which the same is based as well as the evidentiary bases thereof.

The Resolution of the TAB shall become final and executoy fifteen (15) days after receipt of a copy thereof by the parties and no motion for reconsideration is received or filed.

Rule 6.4.19. Motion for Reconsideration. Any party may file a motion for reconsideration, furnishing copy to the opposing party, within fifteen (15) days upon receipt of a copy of the TAB Resolution. Only one motion for reconsideration shall be allowed.

Rule 6.4.20. Resolution on the Motion for Reconsideration. The TAB shall resolve the motion for reconsideration within fifteen (15) days from receipt of the motion for reconsideration. It may maintain or reverse its previous resolution.

Rule 6.4.21. Appeal to the TPAMB En Banc. Any party not satisfied with the resolution of the TAB on the motion for reconsideration may file an appeal before the TPAMB En Banc. The TPAMB En Banc may deny the appeal or reverse the resolution of the TAB and shall decide within fifteen (15) days from the date of receipt of the appeal. The TPAMB en banc shall entertain only one appeal from the resolution of the TAB.

Rule 6.4.22. Finality of the Decision. The decision of the TPAMB en banc shall be final. The said decision shall become executory fifteen (15) days following the receipt of a copy thereof by the appellant and no further appeal is filed before the regular court.

Rule 6.4.23. Execution of the Decision. When the decision becomes final and executory, the TAB or the TPAMB en banc, in case of an appeal, shall issue an order directing the party concerned to comply with the decision within fifteen (15) days from receipt of such order. Failure of the respondent to comply with the said executory decision shall render the respondent liable for contempt.

Rule 6.4.24. Penalties. The TAB shall impose the appropriate penalties provided for under RA No. 10067 and/or other TPAMB policies violated.

Rule 6.4.25. Notices. All parties before the TAB or the TPAMB en banc shall be furnished copies of all orders, issuances or processes from the said bodies personally or by registered mail.

Rule 6.5. Board Secretariat. The TMO shall organize the TAB Secretariat under the Technical supervision of a lawyer. The head of the Secretariat shall serve as the Secretary of the TAB.

Rule 6.6. Prosecution of Administrative Cases. The TPAMB shall organize its prosecutorial arm to represent the complainant of the cases within the jurisdiction of the TAB.

Rule 6.7. Place of Hearing. All hearings before the TAB shall be held in Puerto Princesa City, Palawan or at any place as may be designated by the TAB.

Rule 7. Restricted Funds. Restricted funds shall refer to financial support coming from sources other than the TRNP trust fund that have been earmarked for specific activities, items or projects by the donors/grantors. The PASu shall be the designated signatory for contracts and agreements involving grants and donations for specific activities or projects amounting to not more than PhP5M.

Rule 8. Conservation Fee

Rule 8.1. Amount of Conservation Fee for Visitors. The conservation fee shall be PhP3,000 per person per entry, subject to amendment or revision as the TPAMB may deem necessary. Repeat visitors within the same year shall be entitled to a 50% discount. Conservation fee for divemasters hired to provide diving services shall be Two Hundred Fifty pesos (Php250).

Rule 8.2. Amount of Conservation Fee for Vessels. The conservation fee for vessels shall be as follows:

Vessel Entry Fees:

   100 GT and  below -Php3,000.00
   101- 200 GT - Php4,500.00
   201 and above - Php6, 000.00

Rule 9. Budget Proposals. The TPAMB shall submit budget proposals to the PCSD and the DENR for inclusion in their respective annual budgets.

Prepared by:
 

  (SGD.) MA. THERESA R. AQUINO
  Secretary

  Attested by: 

  (SGD.) GOV. ABRAHAM KAHLIL B. MITRA
  Co-Chairman