Republic of the Philippines
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
(R.A. 7611)
Puerto Princesa City, Palawan

PCSD RESOLUTION NO. 05-251

“RESOLUTION AUTHORIZING THE PCSDS EXECUTIVE DIRECTOR NELSON P. DEVANADERA TO TAKE IMMEDIATE ACTION TO REMOVE OR DISMANTLE ANY STRUCTURE WHICH OBSTRUCTS THE NATURAL FLOW OF TIDE IN MANGROVE FOREST AND TO ENSURE THE CONSERVATION AND PROTECTION OF MANGROVES”

WHEREAS, researches reveal that mangroves, as to their significance, serve as nursery and spawning grounds for many economically important animal species; serve as rich nutrient soup for many coastal and off-shore commercial and game fishes and shellfishes; serve as a coastal pollutant sink or trap; serve as nesting and feeding grounds for variety of wildlife; and stabilize coastal zone by reducing typhoon and storm wind damage and by preventing erosion;

WHEREAS, reports blatantly show that illegal activities in mangrove areas are becoming more extensive and massive. Moreover, no agency is leading a strategic action towards ending, or at least minimizing, the same;

WHEREAS, pursuant to Republic Act 7611, PCSD has to ensure the protection and conservation of mangroves and the surrounding seas.

WHEREAS, Section 19 of this act provides that PCSD shall (9) enforce the provisions of this Act and other existing laws, rules and regulations similar to or complementary with this Act; (10) perform related functions which shall promote the development, conservation, management, protection, and utilization of the natural resources of Palawan; and (11) perform such other powers and functions as may be necessary in carrying out its functions, powers, and the provisions of this Act;

WHEREAS, it is inherent in the PCSD, as an administrative body, to implement the Strategic Environmental Plan in Palawan and, therefore, take the necessary measures in protecting and conserving mangroves as part of the Coastal/Marine Zone;

WHEREAS, as provided in the harmonization workshop, it has been the consensus of the concerned government agencies in Palawan that PCSD shall be the one to take immediate action in dismantling or removing illegal fishponds based on recommendations of DENR and/or DA;

WHEREAS, pursuant to the Environmental Monitoring and Evaluation System (EMES) of the SEP law, which ensures systematic and reliable data for the rehabilitation of exploited areas so as to allow upcoming generations to sustain development growth, the technical staff of the PCSD, in effect, shall also provide recommendations for immediate dismantling of illegal fishponds;

WHEREAS, Republic Act No. 8550, otherwise known as the “Philippine Fisheries Code of 1998, was passed into law on February 25, 1998 to carry out the declared policy of the state *to ensure the Conservation, protection and sustained management of the country’s fishery and aquatic resources”;

WHEREAS, Section 55 of said act provides that nothing in its foregoing sections shall be construed as permitting the lessee, licensee, or permittee to undertake any construction which will obstruct the free navigations in any stream, river, lakes, or bays following through or adjoining the fish pens, fish cages, fish traps and fishponds, or impede the flow of the tide to and from the area;

WHEREAS, Section 94 of said act also provides that it shall be unlawful for any person to convert mangroves into fishponds or for any other purposes. Violation of the provision of this section shall be punished by imprisonment of six (6) years and one (1) day to twelve (12) years and/or a fine of Eighty thousand pesos (P80,000,00): Provided, That if the area requires rehabilitation or restoration as determined by the court, the offender should also be required to restore or compensate for the restoration of the damage;

WHEREAS, Section 103, paragraph (d) of said act further provides that it shall be unlawful for any person who causes obstruction to navigation or flow or ebb of tide in any Stream, River, Lake or Bay;

WHEREAS, considering the increasing cases of massive illegal conversion of mangroves into fishpond dikes in the province of Palawan which, as a consequence, also cause obstruction to natural navigation or flow of tide in affected areas, there is a need to issue order of dismantling illegal fishponds and reforesting the destroyed mangrove areas. And that inaction on this matter would, therefore, be tantamount to negligence;

WHEREFORE, on motion duly seconded, be it RESOLVED, as it is hereby RESOLVED, that an immediate action be undertaken dismantling/removing all illegal fishponds for the proper implementation of R.A. 8550 and R.A. 7611;

RESOLVED FURTHER, that the Executive Director, Nelson P. Devanadera, be authorized, as hereby he is authorized, to take immediate action directing all illegal fishponds to be dismantled/removed so as to allow the natural flow of tide and to ensure the conservation and protection of mangroves to further implement the declared policies of the state;

RESOLVED FINALLY, that copy of this resolution be furnished to concerned agencies and local government units.

APPROVED AND ADOPTED this 29th day of April 2005 in Quezon City.

I hereby certify to the correctness and accuracy of the foregoing resolution.

NELSON P. DEVANADERA                     Secretary

Approved for the Council:


CONG. ABRAHAM KAHLIL B. MITRA.
              Chairman