SPECIAL
USE
AGREEMENT IN
PROTECTED AREAS
(SAPA)
LEGAL BASIS
Sec. 25 of RA 7586, as amended.
DAO 2007-17: “ Rules and Regulations
governing Special Uses within Protected
Areas”
Memorandum Order of the Secretary dated
Jan. 31, 2011 suspending the processing of
SAPA due to nonstandard rates of fees
DENR Administrative Order No. 2018-05:
Addendum to DENR Administrative Order
No. 2007-17 on the rules and regulations
governing special uses within Protected
Areas
Memorandum from the Secretary dated 15
March 2018 lifting of suspension of the
implementation of DAO 2007-17
Memorandum from the Secretary dated 18
July 2018 on the implementation of the
DAO 2007-17 and DAO 2018-05
SAPA Objectives
To provide access and
economic opportunities to
indigenous peoples, tenured
migrant communities and
other stakeholders of protected
areas thereby contribute in the
reduction of poverty incidence;
To optimize special uses of
protected areas consistent with
the principles of sustainable
development and biodiversity
conservation in cooperation w/
the stakeholders;
SAPA Objectives
To guide the development of
the appropriate zones of
protected areas in
accordance with their
management objectives; and
To earn revenues for the
sustainability of protected
areas management
Income from SAPA will
accrue to IPAF as one
major source of PA
income.
SCOPE AND COVERAGE
SAPA may be issued
within PAs except in
Strict Nature Reserves
and shall be confined
only to the
management zones of
the PA appropriate for
the purpose.
Definition of Terms
Special Uses
include activities and
introduction of development
consistent with the Protected
Area Management Plan (PAMP).
Special Use Agreement in
Protected Areas (SAPA)
a binding instrument between
the DENR through the PAMB as
the 1st Party and with the
applicants as the 2nd party.
Definition of Terms
Zonal Value
the amount set by the BIR with
the assistance of realtors and
other knowledgeable persons in
the area as the basis for capital
gains, transfer, donor's and
creditable withholding taxes,
expropriation and other
transactions with the
Government
Development Fee
the fee for the use of land or
other resources for the privilege
of undertaking small, medium
and other bigger scale
development.
KINDS OF SPECIAL USES
The following are the special uses that may be allowed,
but not limited to, within protected areas, subject to the
issuance of an ECC and approval by the Secretary or his
duly authorized representative:
a. Ecotourism facilities communication
b. Camp sites facilities, etc.)
c. Communication g. Aquaculture
facilities h. Scientific Monitoring
d. Transmission lines, Stations
e. Irrigation i. Agroforestry
canals/waterways j. Forest Plantation
f. Rights-of-way
(transmission lines,
DURATION OF SAPA
The SAPA may have duration of twenty five (25)
years and may be renewed, subject to review and
approval of the Secretary or his authorized
representative upon endorsement of the
Protected Area Management Board.
After the expiration or non-renewal of the
agreement, all improvements and structures in
the area shall be donated/turned-over to the
DENR.
WHO MAY APPLY FOR SAPA
Indigenous Peoples
Tenured Migrants
Local Government Units
Other Government Agencies (OGAs)
Other stakeholders (corporations, cooperatives,
business entities, NGOs, etc.)
* Preference shall be given to IPs and tenured
migrants in the issuance of the SAPA.
QUALIFICATIONS
For individual applicant, must be Filipino;
For association, corporation, cooperative,
partnership or a juridical person, including non-
government organizations at least sixty percent
(60%) of the capital of which is owned by
Filipino citizens, whether private or public,
duly created and/or registered under Philippine
laws.
APPLICATION REQUIREMENTS
GENERAL REQUIREMENTS
Duly accomplished application form;
Certified copy of birth certificate or any other
evidence of Filipino citizenship (for individuals) or
ownership (for corporations);
Project description supported by maps and pictures of
the proposed area, development plan, timetable and
description of activities from preparation to project
implementation. The description should show
sustainable management and development;
Proof of financial capability to manage and develop the
area applied for based on paid-up capital and/or
collaterable real properties;
Free and Prior Informed Consent (FPIC) of concerned
IPs, as the case maybe.
APPLICATION REQUIREMENTS
FOR GROUPS/CORPORATIONS;
• Copy of the SEC registration, Articles of Incorporation
and By laws. A resolution of the governing board
designating the authorized representative of the said
corporation, association or partnership, if applicable;
• Copy of the Resolution or Ordinance approved by the
respective Sangguniang Panlalawigan/Panlungsod/
Bayan, if the applicant is a Local Government Unit
(LGU).
• For cooperatives, a Certificate of Registration with the
Cooperative Development Authority.
APPLICATION REQUIREMENTS
FOR GROUPS/CORPORATIONS;
• Copy of the SEC registration, Articles of Incorporation
and By laws. A resolution of the governing board
designating the authorized representative of the said
corporation, association or partnership, if applicable;
• Copy of the Resolution or Ordinance approved by the
respective Sangguniang Panlalawigan/Panlungsod/
Bayan, if the applicant is a Local Government Unit
(LGU).
• For cooperatives, a Certificate of Registration with the
Cooperative Development Authority.
ADDITIONAL REQUIREMENTS UPON
ISSUANCE OF PAMB CLEARANCE
1) Comprehensive Development and
Management Plan (CDMP)
2) Environmental Compliance
Certificate (ECC)
3) Rehabilitation Plan
LIST OF APPROVED SAPA
Region Name of PA Name of Holder Approved Area Project Type
CAR Upper Agno River Basin SN Aboitiz Power‐Benguet, 88,481 sq.m. Ambuklao Hydro Electric Power Plant
Resource Reserve Inc. (AHEPP)
Lower Agno Watershed SN Aboitiz Power‐Benguet, 89,887 sq. m. Binga Hydro Electric Power Plant (BHEPP)
Forest Reserve Inc.
3 Masinloc‐Oyon Bay Alpha Water and Realty 170,025 sq.m Unloading jetty, small craft jetty, discharge
Marine Reserve Services Corporation channel and reclaimed land
Alpha Waters and Realty 40.55 ha. Cooling water discharge canal/circulating
Services Corporation water intake pipe
Bataan National Park Westshore Dev't. Corp. 277.50 ha. Ecotourism Cultural Project
4‐A Marikina Watershed CARE Foundation, Inc. 201 ha Forest Plantation
Reservation
Buenavista Protected Digitel Mobile Philippines, 256 sq.m. Sun Cellular's Transmitter Tower
Landscape Inc. (DMPI)
10 Initao‐Libertad PLS Provincial Government of 5000 sq.m Treetops and Boardwalk Project
Misamis Oriental
Mt. Malindang Natural Highland Stone Chapel 11,700 sq. m Highland Stone Chapel Adventure Park
Park
11 Mt. Apo Natural Park Energy Devtelopment 3 ha. Mindanao Geothermal Production Field/ (re‐
Corporation injection pad) within Buffer Zone, Parcel 2 of
MANP
Energy Devtelopment 10.66 ha KL‐5RD Development Project/(Reinjection
Corporation Pipeline(s)/Corridor(s)/Energy Support Zone,
BACKGROUND
PENDING SAPA
Eighty-four (84) pending
SAPA applications
within twenty-two (22)
protected areas in 8
Regions
SAPA RATE
5% of the most recent
zonal value of the
commercial zone in the
nearest barangay or
municipality every year
multiplied by the area
applied for development
+
1% value of improvement
as premium to the
protected area.
subject to reevaluation every
five years. https://www.bir.gov.ph/index.php/zonal‐values.html
SAMPLE COMPUTATION OF DEVELOPMENT
FEE FOR SAPA
Area Zonal Value 5 % of Area applied x 1 % value of ANNUAL SAPA FEE
Applied (B) Zonal Value/sq.m improvement as C + D
(A) (C) premium to PA
C = 5% x B x A (D)
D= 1% x Value of
Improvement
50,000 Zonal value 5% x 1,000 x Value of PhP 2,500,000 +
sq.m. PhP 50,000 sq.m. Improvement: PhP 500,000
1,000/sqm = PhP 2,500,000 P50M x .01 = =
P500,000 PhP 3,000,000
GROUNDS FOR CANCELLATION
The SAPA may be cancelled by the Secretary or
his authorized representative as recommended
by the PAMB for any of the following:
1) Violation or non-compliance with any of the terms and
conditions stipulated in the SAPA, the ECC and permits
issued by other Government agencies;
2) If the Agreement was obtained through fraud,
misrepresentation or omission of material facts existing at
the time of filing of the application;
3) Abandonment of the area or failure to exercise the
privilege granted within the prescribed period of one (1)
year from the issuance of the SAPA;
4) Bankruptcy or closure of operation of the Corporation;
5) Violation of natural resources laws, rules and regulations;
6) When national interest so requires as determined by the
DENR Secretary.
OTHER FEATURES
SAPA can only be issued in
PAs whose management
plan is in effect* and where
zones have been identified
and delineated**.
The proposed development
is consistent with the PA
Mngt. Plan***
OTHER FEATURES
The annual SAPA
fee shall be paid
upon issuance of
SAPA and annually
thereafter within
thirty (30) days
from the date of
issuance.
OTHER FEATURES
Failure to pay within
the prescribed period
shall be subject to
surcharges of 8.33%
monthly for late
payment or 100% for
one (1) year
An administrative fee
of Php 5,000.00 shall
also be paid by the
proponent for every
SAPA application filed.
OTHER FEATURES
• Environmental
programs and/or
projects
implemented and
services rendered by
the proponent for
the PA shall be
accounted for.
OTHER FEATURES
The activity should not
be detrimental to
ecosystem functions,
biodiversity, and
cultural practices and
traditions
OTHER FEATURES
• All holders of permits,
contracts and agreements are
required to prepare and
submit a rehabilitation plan
to the PAMB
• A sufficient bond shall be
remitted by the proponent to
the DENR to be released to a
depository bank in the event
of damage by or closure of
the establishment after
satisfactory rehabilitation
according to the zones and
objectives of the management
plan as attested to by the
OTHER FEATURES
If the permits, contracts,
and agreements are not
renewed, such areas shall
be rehabilitated or restored
by the permit holders
OTHER FEATURES
A SAPA holder may transfer the permit or any rights
therein or any assets used therewith, if authorized by
the Secretary, and if:
• The SAPA has been in existence for at least three (3)
years;
• The SAPA holder has been faithfully complying with
all the terms and conditions of the SAPA, including
implementation of the CDMP;
• The transferee has all the qualifications and none of
the disqualifications to hold a SAPA; and
• The transferee shall assume all the obligations and
responsibilities of the transferor specified in the
SAPA, CDMP and ECC.
OTHER FEATURES
In case of force majeure resulting to the non-
performance of any of the obligations of the
SAPA holder, the latter shall notify the DENR
within thirty (30) days from the occurrence of
such events, including a statement describing
the force majeure and its effect upon the SAPA
holder's ability to comply with the terms and
conditions of the Agreement. The DENR and
SAPA holder shall then discuss the actions to be
taken within mutually agreed schedule but not
to exceed 30 days after such notice.
OTHER FEATURES
• All existing
Memorandum of
Agreement (MOA) on
Special Uses within
Protected Area shall
be converted into
SAPA in accordance
with DAO 2007-17
and this Order.
FLOWCHART OF SAPA PROCESSING
EXPECTED OUTCOMES FROM SAPA
Ensured protection of biodiversity
and the environment
Increased PA income = reduced
government subsidy = increased
budget allocation for other equally
important social services
Increased private sector contribution
to PA management
THANK YOU FOR LISTENING!
