Republic of the Philippines

Bouse of Representatives
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. _ 3204

Introduced by REP. IRENE G. LABADLABAD
2nd District, Zamboanga Del Norte

EXPLANATORY NOTE

Forests provide a range of ecosystem services and serve as significant carbon sink;
hence, they are vital for biological conservation and environmental protection. One of the
conservation strategies to help protect, preserve and conserve the remaining unexploited
natural resources against resource depletion and overexploitation is the establishment of
Protected Area (PA) under the National Integrated Protected Areas System (NIPAS Act
of 1992) as amended by Republic Act 11038, otherwise known as the Expanded National
Integrated Protected Areas System Act of 2018.

This proposed bill was filed and approved in the 19% Congress. The proposed
Mount Gutom Protected Landscape is one of the remaining natural forests, hosts the
different species of flora and fauna and is one of the most important watersheds in the
24 District of Zamboanga del Norte Province. It has a total land area of 5,464 hectares
with the biggest portion encompassing the two barangays of President Manuel A. Roxas
(Barangay Panampalay and Barangay Tantingon), a small portion of the Municipality of
Katipunan (Barangay Malasay and Barangay Fimagas), and Barangay Dumugok of the
Municipality of Siayan. It is dominated by dipterocarp forest which include old and
secondary growth trees, and a mossy and Pine forest at the summit.

Based on the result of the Protected Area Suitability Assessment (PASA)
conducted by the Department of Environment of Natural Resources in 2017, a total of
384 species of flora were documented in the area. Of these, 9 species are critically
endangered, 3 endangered species, 14 threatened species, and 16 vulnerable species. The
Philippine Tarsier (Carlito syrichta), Philippine Deer (Rusa marianna), Philippine
Warty Pigs (Sus philippensis), Philippine Monkeys (Macaca fascicularis philippensis)
were also documented. The proposed protected area also serves as a source for domestic
water supply to various municipalities.


However, the rich and diverse biological resources of the proposed protected area
are threatened as anthropogenic activities such as illegal logging/timber poaching,
conversion of forest into agricultural area, continuous encroachment of upland dwellers,
wildlife poaching/hunting were observed which resulted to deforestation and/or habitat
degradation: hence, passage of this bill is earnestly sought.

HON. I) G. LABADLABAD


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. __ 3204

Introduced by Representative Irene G. Labadlabad
2nd District, Zamboanga del Norte

AN ACT

DECLARING A PARCEL OF LAND LOCATED IN THE
MUNICIPALITIES OF PRESIDENT MANUEL A. ROXAS,
KATIPUNAN, AND SIAYAN IN THE PROVINCE OF ZAMBOANGA
DEL NORTE, A PROTECTED AREA, WITH THE CATEGORY OF
PROTECTED LANDSCAPE UNDER THE NATIONAL
INTEGRATED PROTECTED AREAS SYSTEM, TO BE REFERRED
TO AS THE MT. GUTOM PROTECTED LANDSCAPE, PROVIDING
FOR ITS MANAGEMENT, AND APPROPRIATING FUNDS
THEREFOR

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

ARTICLE I
GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the "Mt. Gutom
Protected Landscape 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 for in the Constitution.

In recognition of the richness of the biological resources, both flora and

fauna, that are native and distinct to Mt. Gutom, as well as their aesthetic and


ecological importance, a parcel of land located in the Municipalities of President
Manvel A. Roxas, Katipunan, and Siayan, in the Province of Zamboanga del Norte,
is hereby declared a protected area with the category of protected landscape, and
shall hereinafter be referred to as the Mt. Gutom Protected Landscape (MGPL).
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 national government, local
government units (LGUs), concerned nongovernmental 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, culture and indigenous practices.

SEC. 3. Classification as a National Park. — The MGPL is comprised of
a parcel of land of the public domain situated in the Municipalities of President
Manuel A. Roxas, Katipunan, and Siayan, in the Province of Zamboanga del Norte,
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 MGPL shall fall under the
classification of national park as provided for in Article XII, Section 3 of the
Constitution.

SEC. 4. Scope and Coverage. - The boundaries of the MGPL are more
particularly described as follows:

Beginning at a point marked "1" on the Map, being S 46°35'35" W, 1,025.78
meters from PRS'92 Control Monument "ZGN-5852" with geographic coordinates
of 08° 22" 44.13038” Latitude and 123° 10' 10,02215" Longitude located in
Barangay Panampalay, Municipality of Pres. Manuel A. Roxas, Province of
Zamboanga del Norte,

thence S$ 22°43'53" E 651.73 meters tocorner 2 ;

thence S68°13'51"W 790.92 meters to corner 3

thence S 63°24'08" E 1120.38 meterstocorner 4


thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence

thence

N 01°40'00" W
N 63°19'04" E
S 49°18'32" E
N 43°53'21" E
S 83°58'25" E
N 21°58'16" E
N 31°07'45" E
N 55°20'36" E
S 86°54'12" E
N 54°12'59" E
N 35°09'26" W
N 52°28'08" E
S 13°26'25" W
S 15°37'56" W
S$ 09°52'56" E
S.58°36'19" W
S 16°26'19" E
S 68°16'01" E
N 67°37'18" E
S 70°27'42" E
S 60°38'26" E
S 29°22'52" E
S 89°17'32" E
N 16°52'48" E
S 44°03'06" E
S 16°16'15" E
N 82°02'51" W.
S$ 61°48'11" W
S 06°47'59" E
S 36°08'46" E
S 49°22'08" E
S 81°22'08" E

360.72
112.61
139.41
203.96
592.97
684.61
476.16
521.27
175.84
638.93
372.30
602.90
383.08
258.98
395.94
624.75,
336.67
309.43
364.95
217.66
121.47
640.48
1353.99
1306.47
773.09
866.82
592.13
1195.31
581.09
748.53
575.69
393.42

meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner

meters to corner

27
28
29
30
31
32
33
34
35
36



thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence

thence

S 04°45'55" W
N 66°42'29" W
S 56°01'14" W
'S 20°49'06" W
'S 20°35'26" W
S 24°20'42" W
S 62°00'32" W
S 24°39'41" E

S 73°18'18" W
S 84°56'59" W
N 43°10'44" W
N 53°24'38" W.
'S 08°23'45" E

N 68°50'40" W
S 45°43'08" W
N 57°55'05" W
S 28°04'41" W
N 87°35'38" W
N 20°57'53" W
N 77°52'08" W
N 35°38'38" W
N 50°26'25" W
N 60°31'27" W
N 37°05'39" W_
S 25°58'46" W
N 73°45'09" W
N 02°35'16" W
N 53°13'21" E

N 49°26'16" W_
N51°06'24" W
N 44°32'20" W
N 48°46'15" W

637.43,
314.19
844.29
516.34
335.88,
1481.34
797.72
978.93
846.18
913.57
1275.40
663.54
374.48
256.36
199.08
237.64
462.96
688.82
243.40
138.53
187.02
284.16
139.80
134.47
187.23
96.46,
93.76
179.92
83.84
141.59
286.32
323.04

meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner

meters to corner



thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence

thence

N 55°36'34" W
N 32°37'09" W
N 15°02'16" E
N 35°24'03" W
N 66°58'52" W
N 05°51'12" W
'N 40°30'34" W
S 62°28'48" W
N 04°16'37" W
N 64°21'57" W
N 39°57'19" W
N 08°03'22" E
N 61°21'59" W
N 55°42'56" E
N 19°36'02" W
N 49°16'02" E
N 35°26'55" W
N 77°21'20" W
N 72°45'08" W
N 71°22'10" W
N 03°22'16" W
N53°24'11" E
N 00°15'53" W
N 85°32'40" W
N 04°49'07" E
N 13°54'00" W
N 55°58'18" E
S 86°16'26" E

N 27°27'21" E
N 47°19'08" W
N 04°00'45" E
S 71°47'34" E

150.14
164.92
110.13
270.39
465.37
198.06
139.50
153.18
189.82
146.27
525.71
201.08
490.94
170.49
150.14
92.94
173.61
112.71
(224.94
140.53
86.03
144.12
74.86
207.52
488.04
531.15
892.00
1959.34
532.57
931.19
572.31
662.19

meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner

meters to corner

83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100


thence S$ 18°54'17" E 528.62 meters tocorner 101 ;

thence N63°45'57"E 869.31 meters tocorner 102 ;

thence N65°38'25"E 612.18 meters to corner 1,
the point of beginning, containing an area of FIVE THOUSAND FOUR
HUNDRED NINETY-SIX (5,468) HECTARES, more or less. Bearings and
distances of lines were derived using the PRS 92 Philippines Zone IV coordinate
system, subject to ground delineation and demarcation.

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 6 of this Act, may designate areas surrounding the MGPL as buffer zones
for the purpose of providing an extra layer of protection where restrictions may be
applied: Provided, That in cases where the designated buffer zone would cover
private lands, the owners thereof shall be required to design their development
with due consideration to the protected area management plan.

ARTICLE II
MANAGEMENT MECHANISMS

SEC. 6. Protected Area Management Board (PAMB). - 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 MGPL. The PAMB
shall be composed of the following:

a. DENR Regional Executive Director for Region IX, as Chairperson;

b. Governor of the Province of Zamboanga del Norte;

c. Senators of the Republic of the Philippines who are duly registered
residents of the Province of Zamboanga del Norte, or their duly
designated representatives, unless the Senators decline the membership
in the PAMB;

d. District Representatives of the Congressional Districts where the MGPL
is located, or their duly designated representatives, unless the District
Representatives decline the membership in the PAMB;

e. Mayors of the Municipalities of President Manuel A. Roxas, Katipunan,

and Siayan, in the Province of Zamboanga del Norte, or their duly


authorized representatives;

f. Chairpersons of all the barangays with territorial jurisdiction over the
MGPL;

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), based in the Province of Zamboanga del Norte, duly accredited
both by the DENR and the provincial government. 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
indigenous cultural communities/ indigenous peoples 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 Zamboanga del Norte, 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 Zamboanga del Norte, who is distinguished in a
profession or field of interest relevant to the protected area
management.

The terms of office of members of the PAMB, 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. 7. Powers and Functions of the PAMB. ~ The PAMB shall have the
following powers and functions:

a, Oversee the management of the MGPL;


. Approve policies, plans and programs, proposals, agreements, and other

related documents for the management of the MGPL;
Approve the management plan of the MGPL and ensure its harmonization
with and integration into the Ancestral Domain Sustainable Development
and Protection Plan, land use plan and other development plans, public or
private, and their implementation;

|. Adopt a manual of operations to include rules of procedures in the conduct
of business, and the creation of committees and their respective terms of
reference;

. Recommend the deputation of appropriate agencies and individuals for the

enforcement of the laws, rules and regulations governing the management
of the MGPL;
Allocate financial resources for the implementation of the management plan
and manage the Protected Area Retention Income Account and other funds
in accordance with government accounting, budgeting, and auditing rules
and regulations;

. Set fees and charges in accordance with existing guidelines;

. Issue rules and regulations for the resolution of conflicts through
appropriate and effective means;

Recommend appropriate policy changes to the DENR and other government
authorities with respect to the management of the MGPL;

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

. Recommend from among a shortlist of qualified candidates, the designation
or appointment of the PASu; and
Assess the effectiveness of the management of the MGPL: Provided, That
the members of the PAMB representing the LGUs and national agencies
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 the rules and


regulations issued to implement it 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 Director, shall ensure that
the PAMB acts within the scope of its powers and functions. In case of
conflict between the resolutions issued by the PAMB and the existing
administrative orders of national application, the latter shall prevail.

SEC. 8. The Protected Area Management Office (PAMO). — There is

hereby established a Protected Area Management Office (PAMO) to be headed by
a Protected Arca Superintendent (PASu) who shall supervise the day to day

management, protection, and administration of the MGPL. 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 MGPL

The PASu shall be primarily accountable to the PAMB and the DENR for

the management and operations of the MGPL. Pursuant thereto, the PASu shall

have the following duties and responsibilities:

a.

Prepare the management plan, in consultation with the stakeholders,
including the annual work and financial plan and ensure its

implementation;

. Ensure the integration of the MGPL management plans, programs, projects,

and policies with relevant national and LGUs’ plans and programs;

. Provide secretariat services to the PAMB and its committees and ensure the

availability of relevant and timely information for decision-making;

. Formulate and recommend to the PAMB proposed policies, rules,

regulations, and programs;

. Establish, operate, and maintain a database management system which

shall be an important basis for decision-making;


f. Enforce the laws, rules and regulations relevant to the MGPL, 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 MGPL;

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 MGPL;

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 collection 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 MGPL: 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, approval of the annual work and
financial plans of the MGPL based on the management plan; and

1, 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 IIL
PROCEEDS AND FEES

SEC. 9. The Mt. Gutom Protected Landscape- Integrated Protected
Area Fund. - There is hereby established a trust fund to be known as the Mt.
Gutom Protected Landscape Integrated Protected Area Fund (MGPL-IPAF) for

10


purposes of financing projects of the MGPL and the NIPAS. All income generated
from the operation and management of the MGPL shall accrue to the MGPL-IPAF,
The income shall be derived from fees and charges from the use of resources and
facilities of the MGPL, contributions from industries and facilities directly
benefiting from the MGPL, and such other fees and income derived from the
operation of the MGPL.

The PAMB shall retain seventy-five percent (75%) of all revenues raised
through the above means, which shall be deposited in the Protected Area-Retained
Income Account (PA-RIA) in any authorized government depository bank within
the locality: Provided, That disbursements out of such deposits shalll be used solely
for the protection, maintenance, administration, and management of the MGPL
and implementation of duly approved projects of the PAMB. The remaining
twenty-five percent (25%) of revenues shall be deposited as a special account in
the general fund in the National Treasury for purposes of financing the programs
and projects of the NIPAS.

The fund may be augmented by grants, donations, endowment from various
sources, domestic or foreign: Provided, That the fund shall be deposited in full as
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 duly approved projects endorsed by the PAMB in accordance with
existing accounting, budgeting and auditing rules and regulations: Provided,
further, That the fund 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 business permits, property
tax and rentals of LGUs facilities.

ARTICLE IV
PENAL PROVISIONS

SEC. 10. Prohibited Acts and Penalties. - The prohibited acts and their
corresponding penalties under Sections 20 and 21 of Republic Act No. 7586, as
amended by Republic Act No. 11038, shall form part of this Act.

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 governments of the Municipality of President Manuel
A. Roxas, Katipunan, and Siayan, the provincial government of Zamboanga del
Norte, and concerned national government agencies, issue the corresponding rules
and regulations for the effective implementation of this Act.

SEC. 14. Separability Clause. — If any section or provision of this Act is
held unconstitutional or invalid, the remaining sections or provisions not affected
thereby shall continue to be in full force and effect.

SEC. 15. Repealing Clause. — All laws, decrees, letters of instruction,
executive orders, rules and regulations and other issuances or parts thereof
inconsistent with this Act are hereby repealed or modified accordingly.

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

Approved,