Republic of the Philippines
House Or REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
Third Regular Session

HOUSE BILL NO. 6263

Introduced by Honorable Abdullah D. Dimaporo
and Honorable Imelda Quibranza Dimaporo

EXPLANATORY NOTE

This bill seeks to declare the Maranding Watershed Area situated in the
municipalities of Salvador, Sapad, Nunungan, Tangkal and Kapatagan as components
of the National Integrated Protected Areas System under the category of protected
landscape.

The forest areas in the municipalities of Salvador, Sapad, Nunungan, Tangkal
and Kapatagan, Province of Lanao del Norte are identified as part of the most
sustainable forest areas in the province. The Maranding Watershed Area is the main
source of water in these municipalities. ‘The tributaries of the Maranding Watershed
Area are the rivers of Cabuyao, Salung, Kidalos Creek and Butadon.

Recent studies reveal that there is an insufficient supply of water in these areas
because watersheds and river basins are seriously degraded due to wanton
exploitation of the forests. Deforestation, improper farming practices, infrastructure
build-up and quarrying aggravated the low water supply in the municipalities of
Salvador, Sapad, Nunungan, Tangkal and Kapatagan.

The declaration of the Maranding Watershed Area under the category of
protected landscape will ensure sufficient water supply for the people in the affected
municipalities. It will also accelerate the implementation of programs relative to the
protection of the ecological watershed and the conservation and restoration of the bio-
diversity resources such as its flora and fauna. In addition, the issues of land use, land
tenure, land claims, resource access and water availability will be uniformly and
consistently addressed.

IMELDA Q®IBRANZA DIMAPORO

Bill Drafting Service


Sixteenth Congress
Third Regular Session

HOUSE BILLNo.___ 6263

Introduced by Honorable Abdullah D. Dimaporo
and Honorable Imelda Quibranza Dimaporo

AN ACT
DECLARING THE MARANDING WATERSHED AREA LOCATED IN
THE MUNICIPALITIES OF SALVADOR, SAPAD, NUNUNGAN,
TANGKAL AND KAPATAGAN, PROVINCE OF LANAO DEL NORTE
AS COMPONENTS OF THE NATIONAL INTEGRATED PROTECTED
AREAS SYSTEM UNDER THE CATEGORY OF PROTECTED
LANDSCAPE AND PROVIDING FOR ITS MANAGEMENT

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. — This Act shall be cited as the “Maranding
Protected Landscape Act.”

SEC. 2. Declaration of Policy. — It is the policy of the State to protect
and advance the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature. For this purpose, the State shall
secure for the present and future generations of Filipinos the perpetual existence
of all native plants and animals within the Maranding Watershed Area in the
municipalities of Salvador, Sapad, Nunungan, Tangkal and Kapatagan,

Province of Lanao del Norte, through its establishment as a component of the


National Integrated Protected Areas System under the category of protected
landscape. The State shall likewise promote the participation of local
communities in the management of the Maranding Watershed Area and protect
the way of life of the people living in and around the protected area.

SEC. 3. Scope. — The boundaries of the Maranding Protected Landscape

are as follows:

Technical Description

Corner Longitude [Comer | Latitude Longitude

i 23°35" ae 15a Hear

2.369" E BOSTSN _42.536°E
2 23°35" 189 “53 124°"

52.545" E 8.412"N 85.208" E
23°36 7°53 fears

. ee i e3eeN _Ke.74rE
Fi 23°36 "ai 7°53 2483

6.024" E 5.249" N 8.126" E
23°38 "52 243

§ [ee 962° N con
1 752 2a

8 193 876" N ee E
"52 zara

' et 607" N ioe E
rst faaea

: 1 54,789" N 409°
| oT 243

u (ee Maen Bi527'E
} 61" Harz

fe uy 306" N G 440° E
50) f2arz

uy eo 55.374" N ie E
750" f2ae7

12 i 47.486" N 757" E
7°50 24°41"

us om 52940"N 43706"
7°50" Heat

4 GN 5.626'N 22 S16TE
7°50 24°0

45 Be 44.232"N oe E
16 203 7°50" }24°0"



fS727N posse p3.824"N 7.688" E
rn aS 123°38" ma Fe 124°0'

5318'N _BATASE 1516"N 15.730"
‘8 1°55" 23°38 = 7°50" j24°0"
0.149" N 53.430" E B979'N 937" E

1°55" 23°30" 4g 123°60

ie 7052N [030° [2 Bisson haa
20 7°55 |23°39° | 207 7°49" 23°59"

2.654" N 9.395" E hasan 7701"

nH 55) 23°39 aa 4g 23°65"

brasg'N _aesare BistN 26520"

23°39" ag" fzars0!

es 50.365" E 209 if 359" N 13.888" E
23°40 74g" 123°68

B 1.881" E zie A3730'N __69.316'E
23°40" a8 123°6

oe 9.162" 2 Srorn _igeare
23°40" } 48 23°58"

a b4.375'E gu Soon 6.457" E
23°40" 1-48" 23°58"

ts ey E 28 16.984" N 4.545" E
23°40" 1-48" 7123°58"

a B OTE 214 46.109" N i 849° E
2374 a8" 23°57

2 ie E als 744" N ig 587° E
Zea" a8 H23°67

G) 9.239" gis 0.511°N 39.227" E
23°41 748" f23°67

m0 hs.62s"e au B294"N 80.191"
23°41" 748 f23°s7

3 ig 311° E a fig.44o" N 6.989" E
2ar4r } 7248 23°57"

32 iF 462°E 219 6.620" N 3.890" E
234 i=46' 23°57

8 ee E @) 0.344"N P4470" E
Z3rat 1-48 23°57"

o ee E zs B.583"N 588" E
Zara 46" 23°56

s 490" E ze 7.202"N 53.284" E
23°40" 48" 23°56

a 65.167" 2 945" N 7.732" E
23°40 a7" Hz3"s6t

ai SOE Zs S406N 1.018
a 55 73°40" os rar 123°66"

8.445" N 6 202" E 284° N 32.880" E

A rs 23°40" oe rear jZ3°56

58.467" N 1.501" E It 540"N 4.991" E

» 1°56" 112340 rar 23°56"

23.790" N 964" E BEEN P5938" E

4 57" 23°40" | 228 war 123°56"



brocsN _ft7.058"E | BosoN pees

23°40 747" 1123°66"

Me i 894" E Ke fae 7.991" E
|23°41" | 7°47 23°56"

o 4562°E 9 4.114" N 115"
Zara ear" 23°55

cy bes7re a B.865"N 1.807" E
rasan aT 23°55)

ba 44,053" E ae ee N 41.516"E
fiaaeat a7 258!

# 9.510" E 8 6.206"N 3.913 E
23°42 Tar 23°66"

w bs 360" N 327° E eee 8.697°N 4.001" E
e 7°58 ji2se4" re T47 23°55"
48.580" N 4.379" E | 2.643" N 7.672" E

ii 7°58 23°42 a 1°46" 23°65"
28.960" N 8.139" 55.334" N 0.248" E

5 758" 23°42 oe 1°46" 23°65"
2603N 6.826" E 8.655" N 686" E

Fe 77°58 jes = 1-46 23°68
10.267" N 2.304" 41.038" N 4.821" E

esr" 2374s 146) f2aree

e a.744°N 2.749" E 239 4.978"N. ee E
& 57 23°43" 240 46" 23°64
236°N 26.933" E BsBt0'N padre

67 23°43" i f2ar6e

ee le 938" N anos: E 24 53.804"N 22,898" E
67" 23°43" 46. f2a°5¢

= 5.143" N ioe E 2 fosoe Nhsat"e
sr jr2sraa 46 23°54

Gy 28.123" N g 800°E 283 fo 302"N B3tI"E
oT 23r4a ] 7°46" 23°63"

EG ie N tee E Zu 4.727" N 1.931" E
a 57 jase ous 1-46 23°63"
6.874" N 824° E p5385N_K2.706E

57 egy 46) 23°63"

eo 21.333"N B4321"E ae be A74N 84,204" E
rm 57 234 - 7°46 235s
l1.220°N 6 635° 0.168'N 29.446" E

5 77°56" 23 os 1-46" 23°63"
B8037"N __68.480°E 1.105" N 2.769" E

7a re 23°45) a 1-46" 23°63!
7796'N 8 768°E k220eN 7.296"

63 r°5e" }23°45" 250 yr°4e" |23°53'
7.559'N 9.089" E 43630'N 8.560"

a is6" as a 1°46" 23°53"
PS637N 16.514" E 630"N__—.59trE

56" 23°45 = 746 f2s°52"
basse b1.148"e DeiTeN _57877°E

66 7°56" fi23°45" | 253 ras (123°52"



foss2N _ps.so6re PA27eN 9.302"
uf ee N Ge E i! {9037 N ee E
& 6.052" Ieee" E es boars N Ge E
btwn fozare 28 bosen ous
ec
1 (erent 28 fawn 22!
2 bearen _gasere 29
ee ee oe 220
ie aoe N fee E 25
ie AON Wao as
2 es Nn boss00e a
7 fen Noire 4
7 ferarn —_ brastre 28s
2 pager N BOE ae
e ee N Bee E a
a Be N Pe E ae)
bon —_bostere 229
is brash ae E au)
by Ea N eae E ai
86 ae mm
ts es N 28 ZB
en a
es a E:
es
es
ou 7°55 23°40" 776



” A70"N T12"E

3.477" N fr299"E oe ime
ne fee ZS, 3° N 8.119" E

te 14.886" N Ee E pes ae
oe ee aa 5.126" N 48.898" E

2 54.504" N 73°E | a soe
bras ES eS f 362"N 6.792" E

is 6744" N 30.258" E a8 oa
(a2 7a | 282 50300'N P6257"

eS 118.250" N 47.020" E i ee fee

ji2ragr 283 754"N__7.829°E

: ca aT Haar"
arr fe 8 387" N 735° E

- iat 48" H23ear"
0.0" 2 O7r"N 87.449" E

i230 46 H2srar
ee uo 10.059" N 4,850" E

° a 1°48" 23°47"

688" ta 12.654" N 262" E

= frso 7°48" 23°46"
108 ee A73itN _Ka.e4sr

— Se ] 7°48" H123°46"
3370 259 25.304"N 1.135" E

2 aT 4g fzar46t
02 ay f tN Nasri

: te 7 rm Haast
ae bl @58"N__63.701°E

- al rag 23°45"
38 a W5.154°N P8219

= iasst 4g) tas
7980" eS 24,026" N 6.044"

- ase | 74g" f23°45
ee | 81.622"N he.sed"

“ a7 749 23°45:

208 Ga 46.260" 9.333" E

= foser 4g) H23e4g
iba ea § q7'N 52476" E

= Dr “50 H2srad
ad iads ae N (seer E

* ae 7°50 tase
2095 eo 7577°N 2.854" E

~ a 7°50 23°44
or ze ho.o40"N ho.746"

“ ae 7°50 i343
Gee ety 0.327" N 53.480" E

~ ase 50" H2sras
nt wl 7.171"N 807" E

i ae 7°50" (esas
ed eg 4.983" 2.202" E

+ fos 724g" 23°43

116 23°52 [308 i



Rie 59.350" N bree
" 581" 2,
33.628" N ss yao" i.
82 28°52 304 282 0___inus
47 148" N 003° E rag 57.067"
a 23°52 a 305 48.576" N 42347
118 Ean 84.032 | cae eas
757" ee os eeu H23°4z
119 f24ea"N 53.697 an ee
sr eee e Suh cae 2342"

0 1 N T° 4
a eae fa3°82 308 ei eae
‘21 PrSOBN 59272" Bien EE:

rer ji23°63 : [2 AL) H234z
422 grace N hore Ta10 Buen 1.535" E
67" pe = ass jizsra2"
123 ha.974" N ae a Sie Eee
oar ie 53 zZ 3 51.051 Hosa
uM i tt 25 312 wie) =
(57° EB 502" E 1123°42"
126 45.991" N 3° 313 117.349" E
ps7. g 100° 23°42"
126 28.899" N 23°54" 314 2.104" E
ren if 276° E f2aeat"
127 7.008" N 3°55) 5 49.759" E
57 pees sf H23e4t
128 8 654" N pre 6.730" E
57 ie Be [pele f2seat"
129 es: ee a 5.559" €
sr (ee | 23°4r
130 4.918" N seg e les 789 E
a 25 3 ea
131 be 537"N Ser ae ie 449"
ae 803° E fr23°40"
132 32.977" N BB 49.930" E
23°56 320 au
(°57" 091"E (123°40"
133 13.269" N Hé.0at0 9.542" E
fon ae 321 a
o 2.095" E rE
be jaar “ taser
135 lf 293" N 402" E 5 ie 803" E
57 ae \2 fi23°40"
136 fe 508'N 8.838. 15.790"
a8 23°67" | 324 ot
137 fearon S Tare 5 816
"ET oe 2 H123°39
438 barn ie " 8 55.003" E
67 eer 23°39"
4139 0.569" N og8e" = § 661" E
757 ee 123°39)
140 l4.9t6"N 988 328
[r°s7" 23°57"
141



oN Hoste
231"N 5.576 E Bs on
ie a 22 TON H6731E
303 ra e) : 46.101" E
ug (3995'N 3.780" E 22950 sor
1a s B7AI2"N 42.956" E
— taser | 752 23°39
ae Ed 2.087" N 0.530" E
145 68.162" E 52 23°38"
sare Se baa70"N 0.084" E
148. 6.147"E a ae
eta a4 ki 432 N 0.892" E
~ 2a “52 23°39
7 ES 5 779° N 4.526" E
~ ia 7°52 23°38
2.086 a 4178N _B57IB"E
149 9.9061 752" Bo
Re el 4.218" N 9,686" E
ey 1.519" E paz oa
0390" ks 40.660" N 9.128" E
= ose 7°52 23°38"
he 2 52.492" N 3.901" E
“ oe "53 23°38"
ee 40 F 463" N 1.684" E
a aso °53) [23°38
ed es re
- a 753" 123°36
ee oe B143eN 10.820"
ua ea 75s 23°38"
ae os 44.035"N 8.559" E
= 2360" | 7°53) f23°37"
23°5 a . com
ne ee 56.544" N i 967" E
2 ae 54 23°37
ae f 031"'N Vee E
~ eer 53) jar
ee ball eon 0.608" E
ue eat 1°54" 123°37
ae bed 423°N 9793'E
= ee 7°54" 123°37"
Ee ee 8.098" N 316"E
ie 2a "54 23°37"
23°50 = an
ss h7aar-e 1420
240: 351 a
ce hae" e per
7090 E ey 6.181" N
465 (eee 58
0 353 rsa
166 24°0



8.884" N 8.013" 45.148"N 41.818"
a ae N ee E Sa oe ae E
en Pome 95 fern paar
0 fonon —_fozare en eee
@ (aon [oor e ca fase N 261
a) bot aN is oer N S278 E
we oS N boa fae nore
us es N bal poe N 188
moan ee ree os
ue es N ou boron bsaae
176 ossn oes foate
My, Coren Bs Aa
HL oaoN = SAE
ta oes sist
480 367 ae
481 368 Cane
(ee = ne
188 370 foie _feastte
184 oboe fase
is 2 feo: N boar E
16 so ese four e
‘87 we Gdon bore

The total land area of the Maranding Protected Landscape is sixty-three

thousand four hundred ninety-one (63,491) hectares, more or less, located



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within the territory of the municipalities of Salvador, Sapad, Nunungan,
Tangkal and Kapatagan, Province of Lanao del Norte.

SEC. 4. Definition of Terms. — As used in this Act:

a) Biological diversity or biodiversity refers to the wealth of life
forms found on earth, the millions of different plants, animals and
microorganisms, the genes they contain and the intricate ecosystem they form;

b) Buffer zones refer to identified areas outside the boundaries of and
immediately adjacent to designated protected areas that need special
development control in order to avoid or minimize harm to the protected area;

c) General management plan refers to the basic long-term framework
plan for the management of the protected area and serves as guide in the
preparation of the annual operations plan and budget;

d) General Management Planning Strategy refers to a guide in the
formulation of site specific management plans, including buffer zones;

e) Indigenous peoples refer to people sharing common bonds of
language, customs, traditions and other distinctive cultural traits and who have
since time immemorial occupied, possessed and utilized a territory;

f) Integrated Protected Areas Fund refers to a trust fund established
for purposes of financing projects within a protected area;

g) Management manual refers to the individual management plan
containing basic background information, field inventory of the resources,

assessment of assets and limitations, regional interrelationships, particular


objectives for managing the area, appropriate division into management zones,
review of the boundaries and design of the management programs of the area;

h) National Integrated Protected Areas System refers to the
classification and administration of all designated protected areas established
pursuant to Republic Act No. 7586 to maintain essential ecological processes
and life-support systems, to preserve genetic diversity, to ensure sustainable use
of resources and to maintain the natural conditions to the greatest extent
possible;

i) Protected area refers to identified portions of land and water set
aside by reasons of their unique physical and biological significance, managed
to enhance biological diversity and protected against destructive human
exploitation;

i) Protected Area Management Board refers to the site-based
decision-making body responsible in the planning, resource protection and
general administration of the area in accordance with the approved management
plan;

k) Protected landscape refers to an area of national significance
which is characterized by the harmonious interaction of man and land while

providing opportunities for public enjoyment through recreation and tourism

within the normal lifestyle and economic activity of the area:


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1) Protected Area Superintendent refers to the chief operating officer
of the Department of Environment and Natural Resources (DENR) for the
Maranding Protected Landscape;

m) — Secretary refers to the Secretary of the DENR; and

n) Tenured migrants refer to persons who have actually and
continuously occupied an area for five years prior to the designation of the same
as a protected area in accordance with the provisions of Republic Act No. 7586
and are solely dependent therein for subsistence.

SEC. 5. Management of the Maranding Protected Landscape. — The
management of the Maranding Protected Landscape is vested in the Protected
Area Management Board (PAMB) as herein provided, which serves as the
highest policy-making body for the protected area. Through the PAMB, the
management structure for the protected area shall promote partnership,
participation, cooperation and coordination with local communities and civil
society organizations.

SEC. 6. Protected Area Management Board. ~ The PAMB for the
Maranding Protected Landscape is composed of:

a) The Regional Executive Director of the DENR — Region X, as
chairperson;

b) The mayors of the municipalities of Salvador, Sapad, Nunungan,
Tangkal and Kapatagan, Province of Lanao del Norte or their authorized

representatives;


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c) The barangay captains within the territory and adjacent to the
protected area or their authorized representatives;

d) The Regional Director of the Department of Agriculture (DA) —
Region X or an authorized representative;

e) The Provincial Environment and Natural Resources Officer of
Lanao del Norte;

f) | The Community Environment and Natural Resources Officers of
the municipalities of Salvador, Sapad, Nunungan, Tangkal and Kapatagan:

g) Two non-government organization or people’s organization
representatives concerned with protected area management, chosen from the
five municipalities with territory inside the protected area and duly accredited
with the municipality being represented; and

h) The Provincial Planning and Development Officer of Lanao del
Norte, sitting as ex officio member, to be endorsed by the provincial governor.

Each member of the PAMB shall serve for a term of five (5) years and
shall carry the vote of the represented sector in all matters. The members who
represent government officials or agencies shall serve according to the term of
office of their principals, unless sooner terminated by such officials.

SEC. 7. Powers and Functions of the PAMB. — The PAMB for the
Maranding Protected Landscape shall exercise the following powers and

functions:


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a) Issue rules and regulations to implement the provisions and
promote the policy declaration set forth in this Act;

b) Establish criteria and set fees for the issuance of permits for the
activities regulated by this Act or the approved management plan;

c) Identify the buffer zones for the protected area;

d) Adopt rules of procedure for the conduct of business, including the
creation of committees to whom its powers may be delegated;

) Approve the management plan and oversee the office of the
Protected Area Superintendent;

f) Deputize interested individuals for the enforcement of the laws,
rules and regulations adopted pursuant to this Act;

g) Accept donations, approve proposals for funding and budget
allocation and exercise accountability over all funds that may accrue to the
protected area;

h) Coordinate with appropriate agencies for the regulation of flight
patterns of aircraft going over the area to set acceptable latitudinal limits and
emissions; and

i) Retain a legal counsel, either on a permanent or temporary basis, to
provide legal assistance to the PAMB and the Protected Area Superintendent
staff whenever they are sued in connection with the performance of their duties

under this Act.


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The Secretary shall exercise authority over the PAMB to ensure that it
exercises its authority within the scope of its powers and functions. In case of
conflict between administrative orders of national application issued by the
DENR pursuant to Republic Act No. 7586 and the rules and regulations issued
by the PAMB, the PAMB shall notify the Secretary who shall resolve such
conflict.

The local government units of Salvador, Sapad, Nunungan, Tangkal and
Kapatagan shall participate in the management of the protected area through
representation in the PAMB as provided under Section 6 of this Act. The local
government units shall retain the power to adopt ordinances over the territory
covered under this Act, giving due consideration, however, to protected area
management objectives. If any conflict between these local government units
and protected area management objectives remains unresolved within the
PAMB, the Secretary shall resolve such issue with the concerned local
government unit.

SEC. 8. Protected Area Superintendent. ~ There is hereby established
an Office of the Protected Area Superintendent in charge of the management,
protection and administration of the protected area. The Protected Area
Superintendent shall be supported by the existing personnel of the DENR and
shall be the chief operating officer of the Maranding Protected Landscape.
The Protected Area Superintendent shall be accountable to the Regional

Executive Director of the DENR — Region X and the PAMB.


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The Protected Area Superintendent shall exercise the following powers
and functions:

a) Prepare the management and successor plans as herein provided;

b) Provide a secretariat for the PAMB to supply the latter with all
information necessary to make appropriate decisions;

c) Hire and supervise the necessary personnel to support operations
as the budget made available by the PAMB may allow;

d) Establish a productive partnership with the local communities,
including groups interested in the achievement of the goals and objectives of
the protected area and in the planning, protection and management thereof;

) Develop and implement a park information, education and visitor
program;

f) Enforce the laws, rules and regulations relevant to the protected
area and assist in the prosecution of offenses thereof;

g) Monitor all activities within the protected area for conformity with
the management plan; and

h) Perform such other functions as the PAMB may assign.

The Protected Area Superintendent shall prepare a management plan in
coordination with the appropriate offices of the DENR, the local government
units, the local communities and experts on tribal communities who have
experience in the particular cultures in the area. The management plan shall be

reviewed, approved and adopted by the PAMB and certified by the Secretary so


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that it conforms to all laws, rules and regulations of national application. In no
case shall the management plan be revised or modified without prior
consultation with the PAMB.

Within one year from the effectivity of this Act, the management plan
shall be put into effect in accordance with Republic Act No. 7586 and the
procedure herein set forth. It contains, among others, the following:

1. Period of applicability of the plan;

2. Key management issues;

3. Goals and objectives of management;

4. Site management strategy;

5. Major management activities including the enforcement of laws,
habitat and wildlife management, sustainable use management, infrastructure
development and maintenance, fire and pest control;

6. Zoning; and

7. Visitor management programs.

‘The Protected Area Superintendent shall prepare all successor plans two
(2) years before the expiration of the existing plans and shall cause the
publication of notices for comments and suggestions on the next successor
plans in a newspaper of local circulation and the posting of such notices in the
provincial, municipal and barangay halls and in three other areas frequented by
the public. Public consultations may be conducted on the successor plans upon

the written request of any interested party. The proposed plans shall be made


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available to the public during the period for comment and the final version shall
be made available for public perusal at the office of the Protected Area
Superintendent.

The zoning of the protected area gives primary consideration to cultural,
economic and social practices consistent with sustainable management
principles by tenured migrants and nearby communities for an appreciable
length of time unless such uses are deemed detrimental to biodiversity
conservation and the protection of the natural characteristics of the protected
area.

The management plan shall be prepared in a language understandable in
the area, plainly written and available for perusal anytime to the general public
at the office of Protected Area Superintendent.

SEC. 9. Existing Facilities Within the Protected Area. — Existing
facilities allowed to remain within the protected area may be charged a
reasonable fee by the PAMB, which is embodied in a memorandum of
agreement to be entered into with the owner of the facility. All incomes derived
from such fees accrue to the Integrated Protected Areas Fund.

In setting the user fees on man-made facilities managed by private
entities, the rates shall be determined by the private entity but shall be
comparable to the fees charged for similar facilities in a protected area. For all
other facilities, the user fees therein shall be determined in consultation with the

PAMB.


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SEC. 10. Utilization of Non-renewable Resources. — Any exploration
for and exploitation or utilization of non-renewable resources within the
protected area shall not be allowed. Energy projects, renewable or otherwise,
shall be permitted only through an act of Congress. The exploitation of
renewable energy up to three (3) megawatts capacity shall be exempt from such
requirement.

SEC. 11. Prohibited Acts.—a) The penalties prescribed for theft under
Articles 309 and 310 of the Revised Penal Code shall be imposed upon any
person found guilty of:

1. Hunting, destroying, trapping, disturbing or possessing anywhere
within the protected area of any wild plant, animal or product derived therefrom
without a permit from the PAMB. A permit is given only for scientific
purposes necessary to promote protected area management;

2. Cutting, gathering, collecting or removing timber or forest
products without a permit. A permit is given only for scientific purposes
necessary for protected area management:

3. Possessing outside the protected area any wild plant, animal or
product derived therefrom;

4. Mineral exploration, extraction, drilling or prospecting for
minerals within the protected area;

5. Constructing and maintaining any kind of road, structure, fence or

enclosure without permit from the PAMB. Structures within ancestral domains


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used by indigenous cultural communities do not need a permit from the PAMB;
and

6. Altering, mutilating, excavating, removing, destroying or defacing
boundaries, marks, signs, natural formation, burial grounds, religious sites,
artifacts, and objects belonging to indigenous cultural communities and other
objects of natural and scenic value.

b) A fine of not less than One hundred thousand pesos (P100,000.00)
but not more than Five hundred thousand pesos (P500,000.00), or imprisonment
of not less than one year but not more than five years, or both, shall be imposed
upon:

1. Any person found guilty of raising poultry and grazing of livestock
within the protected area without a permit from the PAMB; and

2. Any public officer who, in dereliction of the duties of office, shall
maliciously refrain from instituting acts necessary to prosecute the violators of
this Act or shall tolerate the commission of offenses herein provided.
Conviction for this offense also carries the penalty of perpetual disqualification
from public office.

c) A fine of not less than One hundred thousand pesos (100,000.00)
but not more than Five hundred thousand pesos (P500,000.00), or imprisonment
of not less than one (1) year but not more than five (5) years, or both, and the
restoration and rehabilitation of the damage shall be imposed upon any person

who commits the following acts:

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1. Violating any rules and regulations in the management plan by the
PAMB or agreements reached with the PAMB in the exercise of its adjudicative
functions;

2. Dumping, burning and disposing of any waste products, vegetation
and materials within the protected area to the detriment of the inhabitants,
plants and animals therein;

3. Use of motorized equipment without a permit except motorized
vehicles within the national highway, provincial road or other public
thoroughfare traversing the park: Provided, That such thoroughfares were
legally constructed;

4. Occupying any portion of land inside the protected area without a
permit from the PAMB: Provided, That such occupation shall be of such nature
as to last more than ten (10) days in the particular portion of the protected area;
and

5. Entering the protected area without a permit from the PAMB.

Any person who induces or conspires with another person to commit any
of the acts prohibited in this section or cause workers to commit any of such
acts shall be liable in the same manner as the one actually performing the act.

The valuation of the damage resulting from any of the acts prohibited
herein shall take into account biodiversity and conservation considerations as
well as aesthetic and scenic values. Conviction for any of these acts shall

likewise carry the penalty of eviction from the protected area and forfeiture in

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favor of the government of transportation facilities, structures, building
materials, equipment, devices and weapons used in the commission of the
offense.

The local government unit responsible for the arrest of a violator and the
confiscation of materials used in the commission of the offense is entitled to
have a fifty percent (50%) share from the proceeds in the disposition of
confiscated materials. The other fifty percent (50%) accrues to the Integrated
Protected Areas Fund.

The above prohibitions exclude activities identified in the management
plans and such other measures as are necessary for protection, preservation and
protected area management, which are undertaken by the Protected Area
Superintendent or other persons deputized by the PAMB. The certified customs
and traditional practices of indigenous cultural communities are also allowable
activities over which the above prohibitions shall not apply.

SEC. 12. Special Prosecutor. — Within thirty (30) days from the
effectivity of this Act, the Department of Justice (DOJ) shall designate a special
prosecutor to whom all cases of violation of laws, rules and regulations in the
protected area are assigned. Such special prosecutor shall coordinate with the
PAMB and the Protected Area Superintendent in the performance of duties and
assist in the training of wardens and rangers in arresting and prosecuting
violators of this Act. The PAMB may appoint a special private prosecutor on a

case-to-case basis to assist the public prosecutor.

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SEC. 13. Integrated Protected Areas Fund. — All income generated
from the operation of the protected area or the management of wild flora and
fauna in the protected area shall accrue to the Integrated Protected Areas Fund.
These income are derived from visitors or tourists fees, fees from permitted sale
and export of flora and fauna and other resources from the protected area,
proceeds from registration and lease of multiple-use areas, including tourism
concessions, contributions from industries and facilities directly benefiting from
the protected area, and such other fees and income derived from the operation
of the protected area.

The trust fund may be augmented by grants, donations, or endowment
from various sources, whether domestic or foreign, for purposes related to their
functions. The trust fund shall be deposited as a special account in the National
Treasury and disbursements therefrom shall be made solely for the protection,
maintenance, administration and management of the system, and duly approved
projects endorsed by the PAMB in accordance with existing accounting and
budgeting rules and regulations. The trust fund shall not be used to cover
personnel services expenditures.

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

Furthermore, the local government units may charge add-ons to fees imposed by

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the PAMB. Such add-ons are determined based on the contribution of the local
government units in the maintenance and protection of the protected area.

SEC. 14. Appropriations. — The Secretary shall immediately include in
the program of the DENR the implementation of this Act, the funding of which
shall be included in the annual General Appropriations Act.

SEC. 15. Construction. — The provisions of this Act shall be construed
liberally in favor of the protection and rehabilitation of the Maranding
watershed area and water resources and the conservation and restoration of
biological diversity, taking into account the needs and interests of qualified
tenured migrants, for present and future Filipino generations. Republic Act No.
7586 shall have suppletory effect in the implementation of this Act.

SEC. 16. Transitory Provision. — \n order to ensure the sustainability
and integrity of the watershed areas and water resources, the recovery and
restoration of biological diversity and to develop sustainable livelihood
opportunities for tenured migrants, the DENR shall henceforth cease to issue
concessions, licenses, permits, clearances, compliance documents or any other
instruments that allow exploitation and utilization of resources within the
protected area until the management plan shall have been put into effect.

SEC. 17. Separability Clause. — If any provision or part of this Act is
declared unconstitutional or invalid, the remaining parts or provisions not

affected shall remain in full force and effect.

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SEC. 18. Repealing Clause. — All laws, executive orders, presidential
decrees, rules and regulations or parts thereof contrary to or inconsistent with
any provisions of this Act is hereby repealed, amended or modified accordingly.
SEC. 19. Effectivity. — This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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