Republic of the Philippines *
Bouse of Representatives \
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

“3392

HOUSE BILL NO.

Date Filed: August __, 2022

Introduced by HON. GLONA G. LABADLABAD of the 2™ District of Zamboanga Del Norte

EXPLANATORY NOTE

Forests provide a range of ecosystem services and serve as significant carbon sink; hence, they arc
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.

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 2" 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 syrichia), 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, GHONA G. LABADLABAD



Republic of the Philippines

Bouse of Representatives
Quezon Citp, Metro Manila

NINETEENTH CONGRESS

First Regular Session

~ 3392

HOUSE BILL NO.

Date Filed: August 2022

Introduced by HON. GLONA G. LABADLABAD of the 2" District of 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 (NIPAS) 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 House of Representatives of the Philippine Congress Assembled:
Section 1. Title - This Act shall be known and referred to as the "Mt. Gutom Protected Landscape’.

Section 2. Declaration of Policy - Cognizant of the profound impact of man’s activities on all components of
the natural environment particularly the effect of increasing population, resource expioitation and industrial
advancement and recognizing the critical importance of protecting and maintaining the natural biological and
physical diversities of the environment notably on areas with biologically unique features to sustain human life
and development, as well as plant and animal life, 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 establishment of protected areas within the classification of national park as provided for in the
Constitution.

To acknowledge the distinct, rich and diverse biological resources of both flora and fauna that are endemic
and unique to Mt. Gutom, as well as their aesthetic and ecological importance, a parcel of land located in the
municipalities of President Manuel A. Roxas, Katipunan and Siayan, is hereby declared a protected area with
the category of protected landscape, and shall hereinafter be referred to as Mt. Gutom Protected Landscape
(MGPL). AS such, the State shall ensure the preservation, conservation, protection and sustainable
management of the area. It is likewise recognized that effective administration of this area is possible only
through cooperation among national govemment agencies, local government units (LGUs), concemed
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.

To this end, the State shall ensure the full implementation of this Act, the mobilization of resources for the
institutional mechanisms herein established, the full scientific and technical support needed for the
conservation of biodiversity and the integrity of the ecosystems, culture and indigenous practices.

Section 3. Definition of Terms — For purposes of this Act, the following terms shall be defined as follows:
1. "Buffer zones" are identified areas outside the boundaries of and immediately adjacent to

designated protected area that need special development control in order to avoid or minimize
harm to the protected area;


2. “Conservation” refers to any act or acts that conform to sustainable utilization of natural resources
within the protected area;

3. "indigenous cultural community (ICCs)/Indigenous people (IPs)" refers to a group of 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;

4. "National park” refers to a forest reservation essentially of natural wildemess character which has
been withdrawn from settlement, occupancy or any form of exploitation except in conformity with
approved management plan and set aside as such exclusively to conserve the area or preserve the
scenery, the natural and historic objects, wild animals and plants therein and to provide enjoyment of
these features in such areas;

6. “Protected Area” refers to an identified portion of land and water set aside by reason of its unique
physical and ecological significance, managed to enhance biological diversity and protected against
destructive anthropogenic activities;

7. "Protected landscape” refers to an area of national significance 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 these areas; and

8. "Tenured migrant communities" are communities within protected areas which have actually and
continuously occupied such areas for atleast five (5) years before the designation of the same as
protected areas in accordance with this Act and are solely dependent therein for subsistence;

‘Section 4. Classification as a National Park- The MGPL is comprised of a parcel of land of the public domain
located in the Municipalities of President Manuel A. Roxas, Katipunan and Siayan in the Province of
Zamboanga del Norte. All lands of the public domain within the coverage and scope of the MGPL shall fall
under the classification of national park in accordance to Article XII, Section 3 of the Constitution.

Section 5. The boundaries of the Mt. Gutom Protected Landscape are more particularly described as the
area beginning at a point marked (1) on the Map, being S 64-24-27 W, 5926.441 meters from ZDN 5852
with geographic coordinates of 08-22-40.2 Latitude and 123-10-15.5 longitude located in Barangay
Situbo, Municipality of Manuel A. Roxas, Province of Zamboanga del Norte,

thence, NSI-I-10E 930.796 meters to corner
thence, $83-48-I8E —1981.471 meters to comer
N27-27-21E $32,381 meters to comer
N47-19-9 W 930.866 meters to corner
N4-0-45 E 572.114 meters to corner
S71-47-34E 661.961 meters to comer
S$ 18-54-17E $28.43. meters to corner
N63-45-57E 869.008 meterstocomer 9
N65-38-25E 612.774 meterstocomer 10
S$ 22-43-53 E 651.5 meters to comer 11
thence, $ 68-13-51 W 790.646 meterstocomer 12 ;
thence, $ 63-24-8E 119.989 metersto corner. 13;
thence, N1-39-59W 360.597 meterstocomer 14
thence, N63-19-4E ‘112.567 meters to corner 15
thence, $49-18-32E ‘139.363 meters to comer 16
thence, N43-53-21E 203.893 meterstocomer 17:
thence, $ 83-58-25E  $92.761 _meterstocomer 18 ;
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thence, N3I-7-45E 475.994 metersto comer 20
thence, N55-20-36E 521.09 meters to comer 21
thence, $ 86-54-12E 175.776 meters to comer 22
thence, N54-12-59E 638.704 meters to corner 23
thence, N35-9-26W 372.171 meters to corner 24
thence, N 52-28-8 E 602.691 meters to comer 25
thence, $ 13-26-25 W 382.945 meterstocomer 26
thence, § 15-37-56 W 258.887 meters to corner 27

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thence, N53-24-12E 144.073 meters to corner 98

thence, N0-1-6 W 65.655 meters to comer 99
thence, N85-4-17W 292.846 meters to comer 100
thence, — N4-49-7E 522.051 meters to commer 101

thence, N 13-540 W 530.968 meters to comer 1

Section 6. /’stablishment of Buffer Zones. — The Department of Environment and Natural Resources
(DENR) Secretary, upon the recommendation of the Protected Area Management Board (PAMB) created
under Section 7 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 IL
MANAGEMENT MECHANISMS

Section 7. Protected Area Management Board. - within ninety (90) days from the effectivity of this Act, a
Protected Area Management Board shall be created which will serve as a body that will allocate budget,
approve proposals for funding, decide matters related to planning, peripheral protection and general
administration of MGPL in accordance with the general management strategy. The PAMB shall be composed
of the following;

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

b. Govemor of the Province of Zamboanga del Norte or his/her duly authorized representative;

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

d. District Representative of the Congressional District where the MGPL is located, or his/her duly
designated representative, unless the District Representative declines the membership in the PAMB,

e. Mayors of the Municipalities of President Manuel A. Roxas, Katipunan and Siayan in the Province of
Zamboanga de! Norte or their duly authorized representatives;

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

g. Regional Director or their authorized representatives, of the following govemment agencies, namely:
Department of Agriculture (DA), National Economic and Development Authority (NEDA), Department
of Science and Technology, Philippine National Police (PNP), Department of National Defense (DND),
and the Department of Tourism;

h. Three (3) representatives from either Non-govemmental Organizations (NGOs), or People's
Organization (POs) based in the Province of Zamboanga del Norte, duly accredited both by the DENR
and provincial government. The NGOs or POs represented should have been in existence for at least
three (3) years and must have a record of accomplishments in the field of environmental conservation;

i, At least one (1) but nor more than three (3) representatives from all the ICCs/IPs present in the area
and recognized by the National Commission on Indigenous People (NCIP);

j. One (1) representative from an academic institution, preferably from a university or college in the
Province of Zamboanga del Norte, with a record of accomplishments in or related to environmental
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 environmental management.


The term of office of the 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 of 1992” as amended by Republic Act No. 11038 or the “Expanded
Integrated Protected Areas System of 2018”

Section 8. Creation of Protected Area Management Office. - there is hereby established a Protected
Area Management Office to be headed by Protected Area Superintendent (PASu) with a permanent
plantilla position who will serve as the chief operating officer that will supervise the management of the
operations of the protected area, implement the rules and regulations and policies formulated by the
Protected Area Management Board and perform functions enumerated under Section 11-b of the
NIPAS Law. A sufficient number of technical support staff with permanent plantila positions, subject to
Department of Budget Management (DBM) approval and availability of funds, shall be appointed by
the DENR to assist the PASu in the management of the protected area, to wit;

a. Assistant Protected Area Superintendent/Head Protection Officer;
b. Protected Area Wardens/Rangers;

c. Community Relations Officers

4d. Biologists/Research Workers

e. Administrative Officer;

f. Field Maintenance Workers

g. Other staff as deemed necessary and approved

ARTICLE Il
PROCEEDS AND FEES

Section 9. The Mt. Gutom Protected Landscape Integrated Protected Area Fund. ~ There is hereby
established @ trust fund to be known as the Mt. Gutom Ptotected Landscape Integrated Protected
Area Fund for purposes of financing the projects of the MGPL in accordance with Republic Act 10629
amending Section 16 of Republic Act No. 7586. The IPAF may solicit and receive donations,
endowments, and grants in the form of contributions, and such endowments shall be exempted from
taxes, charges or fees imposed by the Govemment or any political subdivision or instrumentality
thereof.

All incomes generated from the operation and management of wild flora and fauna in the
MGPL shall accrue to the MGPL-IPAF subject to the retention by the Board of seventy-five percent
(75%). The income shall be derived from permitted sale and export of flora and fauna and other
resources, proceeds from lease of multiple-use areas, contributions from industries and facilities
directly benefitting from MGPL, and such other income derived from its operations.

The fund, which includes all donations, grants, endowments from various sources and other
contributions shall be deposited to the Protected Area-Retained Income Account in any authorized
government depository bank within the locality where the protected area is located. Provided, That if
there is no government bank available in the locality, an account shall be opened in a government
bank nearest to the locality. Provided further, That disbursement of such deposits shall be used solely
for the protection, maintenance, administration, and management of the -protected area and
implementation of duly approved projects of the PAMB, in the amounts authorized by the DENR in
accordance with existing accounting, budgeting and auditing rules and regulations and shall not be
used to cover personal services expenditures,

‘The LGU shall continue to impose taxes and collect all other fees not enumerated herein
which they have traditionally collected, such as fees for business permit applications, property taxes
and result fees of LGUs facilities.

ARTICLE IV
TRANSITORY AND MISCELLANEOUS PROVISIONS

Section 10. 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.


Section 11. Suppletory Application of the NIPAS Law. - the provisions of the Republic Act No. 7586,
as amended by the Republic Act No. 11038, shall have suppletory application to this Act

Section 12. 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 municipalities
of President Manuel A. Roxas, Siayan and Katipunan, the Provincial Government of Zamboanga del
Norte and concemed national agencies, issue the corresponding rules and regulations for the effective
implementation of this Act.

Section 13. Separability Clause. - If any provision of this Act is declared unconstitutional or invalid,
other parts or provisions hereof not affected thereby shall continue to be in full force and effect.

Section 14. Repealing Clause. - All laws, decrees, executive orders, rules and regulations or parts
thereof which are contrary to or inconsistent with this Act are hereby repealed, amended or modified
accordingly.

Section 15. Effectivity. This Act shall take effect fifteen (15) days after its complete publication in
the Official Gazette or in two (2) newspapers of general circulation.

Approved,