rn + a

, om RECEIVED

Republic of the Philippines pare: 3.0 JUN 2018

HOUSE OF REPRESENTATIVES sive_/0 107
Quezon City By: ;

REGISTRATION UNIT

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILLNo.___6 10

Introduced by HON. SANDRA Y. ERIGUEL.

EXPLANATORY NOTE

This Bill, which was previously filed in the 15" Congress and approved by the House
of Representatives on third reading, seeks establish the Agoo-Damortis Landscape and
Seascape, located in the Municipalities of Agoo, Sto. Tomas, and Rosario in the Province of
La Union as a protected area, providing for its management and for other purposes. In
conformity with the 1987 Constitution which sought to “protect and advance the right of the
people to a balanced and healthful ecology in accord with the rhythm and harmony of nature,”
the declaration of the Agoo-Damortis Landscape and Seascape as a protected area would
ensure the implementation of the appropriate protection and conservation activities in the
national park which would further enhance among others the tourism industry in the Province
of La Union.

The shores and territorial waters of La Union from Agoo to Damortis, which covers
10,629.22 hectares, was first established as a national park by virtue of Republic Act No. 4570
dated June 19, 1965 and later affirmed as Agoo-Damortis Protected Seascape and Landscape
by virtue of Presidential Proclamation No. 277 dated April 23, 2000 as an initial component
under Republic Act 7586 otherwise known as the National Integrated Protected Areas System.

The Agoo-Damortis Protected Seascape and Landscape, situated within the Lingayen
Gulf, has been identified to have unique and abundant biological, geological and hydrological
features. The area has also been identified as a migratory site of at least more than fifteen (15)
species of birds and certain species of reptiles and fish. More importantly, major rivers are
located within the protected area which includes the Agoo river, Cupang River and Bani River.

Notwithstanding its importance, the Agoo-Damortis Protected Seascape and Landscape
has been completely neglected over the years and is thus facing serious threats to its
biodiversity. Aside from the continued erosion occurring in some areas of the park, there is
also the alarming depletion of marine resources as well as an escalating decrease in fish haul
and destruction of corals over the years. Thus, the immediate need to arrest this indiscriminate
use of natural resources.

Given the various laws and issuances on the area, it is imperative to legislate a law
which will harmonize their provisions and to define the parameters, mechanisms and structure
of the management of the Agoo-Damortis Protected Seascape and Landscape/ National Park,
giving very active role to the public constituency. It is crucial to protect the area from

BILLS AND INDEX SERVICE


unashamed exploitation in order to sustain its ecological balance as well as protect its source
of water supply.

This Bill, therefore, in seeking to establish the Agoo-Damortis Protected Seascape and
Landscape as a protected area, also seeks to provide for a comprehensive and sustained
conservation system through an effective and responsive management of the area for the
benefit of our children and their future.

In view of the foregoing, the passage of this Bill is eamestly sought.

arte Y atg ek
SANDRA Y. ERIGUEL, M.D.
Representative, Second District, La Union


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 610

Introduced by HON. SANDRA Y. ERIGUEL

AN ACT
ESTABLISHING THE AGOO-DAMORTIS PROTECTED LANDSCAPE AND
SEASCAPE IN THE PROVINCE OF LA UNION AS A PROTECTED AREA,
PROVIDING FOR ITS MANAGEMENT AND FOR OTHER PURPOSES

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

assembled:

SECTION 1. Title. — This Act shall be known as the “Agoo-Damortis Protected
Landscape and Seascape (ADPLS) Act of 2013.”

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State to regulate
the utilization of terrestrial and marine resources within the Agoo-Damortis landscape and
seascape to ensure the continuity of endangered, threatened, and rare species therein, as well
as conserve, protect and preserve its scenic, educational, cultural, historical and recreational
features, through its establishment as a protected area in accordance with the provisions of
Republic Act No. 7586, otherwise known as the “
Act of 1992.”

SEC. 3. Land Classification, — All lands and waters of the public domain comprising
the ADPLS shall fall under the classification of National Park as provided for in the 1987

ational Integrated Protected Area System

Philippine Constitution.
SEC. 4. Scope. ~ The boundaries of the ADPLS shall be as follows:

Parcel I - Beginning at Corner “1”, N34°23°45"W, 5,314.48 meters from BLLM # 1, CAD

314-D, Agoo, Cadastre (N-1806567.81 and E-218537.90)


LINE

23
3-4
4-5
5-6
6-7
78
8-9
9-10
10-11
11-12
12-13
13-14
14-15
15-16
16-17
17-18
18-19
19-20
20-21
21-22
22-23
23-24
24-25
25-26
26-27
27-28
28-29
29-30
30-31
31-32
32-33
33-34
34-35
35-36
36-37

BEARING

Ss.
Ss.
N.
Ss.
S.
Ss.
S.
Ss.
N.
Ss.
N.
Ss.
Ss.
S.
N

N.

Ss.
Ss.
S.
Ss.
Ss.
Ss.
Ss.
Ss.
Ss.
Ss.
Ss.
Ss.
S.
Ss.
s.
Ss.
Ss.
Ss.
Ss.
S.

- 02° 59° 2:
. 03° 48° 27" E.
. 06° 33° 48” W.
01° 31° 16" BE.
. 08° 44° 29" W,
09° 01° 05" W.
. 10° 15° 59” W.
- 08° 38° 10" W,

32° 40° 40” E.
07° 55° 14" E.
41° 29° 47" BE.
39° 42’ 35” E.

24° 20° 27" E.
|. 71° 33° 54” EB.

. 31° 50° 07" BE.

|. 58° 20° 55” EB.

. 15° 18° 46” BE.
. 69° 08" 43” W,
. 04° 36° 59” E.

- 48° 10° 47" W.
31° 11° 05” E.
. 28° 44° 42” EL

|. 88° 27° 39” W.

. 04° 05° 08" E.

|. 67° 16° 54” E.

30° 58° 40” W.

. 00° 53° 33” W.
. 03° 16° 04" W.
04° 57° 41" W,
. 03° 13° 28” W.
. 02° 56° 17" BE.
07° 20° 07"
. 08° 27° 18" E.
. 03° 35° 53” E.
. 01° 23° 40" E.
01° 03° 39" W,

2

DISTANCE (meters)
327.20
105.19
31.45
69.48
23.10
80.48
138.46
41.76
20.05
194.08
77.69
78.90
20.36
34.91
17.29
146.23
18.38
121.56
266.03
321.00
392.41
426.22
326.55
424.44
413.27
315.94
319.84
294.01
413.76
64.42
273.96
244.80
135.55
295.92
241.96
48.93


37-38
38-39
39-40
40-41
41-42
42-43
43-44
44-45
45-46
46-47
47-48
48-49
49-50
50-51
51-52
52-53
53-54
34-55
55-56
56-57
57-58
58-59
59-60
60-61
61-62
62-63
63-64
64-65
65-66
66-67
67-68
68-69
69-70
70-71
71-72
72-73
73-74

01° 06° 44” E.
00° 05° 51” W.
12° 42 29” E.
33° 57° 13" E.
40° 09° 56” E.
19° 01° 32” E.
23° 14° 10" E.
20° 29° 50” E.
21° 35° 43” E.
25° 29° 00" E.
25° 03° 09" E.
31° 29° 22” B,
29° 22° 17" E.
22° 49° 27" E.
16° 46° 09" E.
12° 09° 28” E.
09° 57° 23” E.
34° 49° 38” E.
51° 26’ 29” E.
26° 56° 39” E.
42° 47° 55” E.
48° 02° 11" E.
35° 55° 01" E.
05° 29° 32” E.
29° 58° 17" E.
61° 58° 55” E.
29° 10° 22” E.

13° 47° 39” W.
25° 38’ 27” W.
N. 57° 54’ 29” E.
S. 60° 37° 54

S. 04° 51° 23” W.
s.

Ss.

ZZAZAZZZP PPB

. 54° 09° 23°
24° 54° 08"

15° 18° 03” W.
46° 18° 22” W.

93.33
265.44
455.06
81.91
129.22
166.74
90.70
103.49
25723
386.38
307.01
533.33
206.88
409.87
354.82
402.20
379.88
310.12
239.82
244.92
508.69
326.53
294.20
189.31
511.40
111.86
489.73
99.56
491.79
416.05
728.56
1081.11
273.40
139.11
2260.34
2164.43
147.85


74-75 S. 09° 45° 08" E. 117.66
75-76 S. 18° 35° 15" E. 268.58
76-77 S. 14° 25° 24” 260.05
77-78 S. 22° 50° 17” 274.26
78-79 S. 20° 34° 31” 314.49
79-80 S. 41° 43° 05" 229.39
80-81 S. 29° 24° 56” E, 195.53
81-82 S. 11° 08° 02" 86.79
82-83 S. 18° 11° 56” E. 208.85
83-84 S. 16° O17 15” E. 329.90
84-85 S. 17° 58° 53” E. 162.87
85-86 S. 52° 18° 20" E. 25.19
86-87 S. 07° 46° 46" E. 324.60
87-88 S. 17° 55° 03” E. 285.64
88-89 S. 14° 15° 05” E. 292.57
89-90 S. 25° 49° 52” E. 221.43
90-91 S. 21° 34° 53” E. 219.21
91-92 S. 46° 58° 29” E. 195.18
92-93 S. 88° 57° 53” W. 4914.67
93-94 N. 53° 18° 37" W 6304.71
94-95 N. 29° 38° 36” W. 4194.52
95-96 N. 22° 01" 26" W. 1601.73
96-97 N. 21° 49° 58” W. 2764.87
97-98 N. 02° 49° 35” E. 5502.18
98-99 N. 84° 05° 21” E. $217.01
99-100 S. 06° 06° 55” E. 21.05
100-1 S.17° 41° 25" E. 21.72

Parcel II - Beginning at Corner “1”, N. 34° 23° 45” W., 5,314.48 meters from BLLM #1, CAD
314-D, Agoo, Cadastre (N-1806567.81 and E-218537.90)

LINE BEARING DISTANCE (meters)
1-2 N. 78° 07° 33” E. 50.95

23 S. 33° 26° 23” E. 335.04

3-4 S. 06° 37° 57” E. 45.67

4-5 S. 39° 38° 03" E. 135,62

5-6 S. 44° 59° 59” W. 22.38

4


6-7
78
8-9
9-10
10-11
11-12
12-13
13-14
14-15
15-16
16-17
17-18
18-19
19-20
20-21
21-22
22-23
23-24
24-25
25-26
26-27
27-28
28-29
29-30
30-31
31-32
32-33
33-34
34-35
35-36
36-37
37-38
38-39
39-40
40-41
41-42
42-43

s.
N.
Ss.
N.

PRPP LY

25° 03’ 27" E.
73° 04° 20" E.
28° 24° 18" E.
59° 02’ 10" E.

. 11° 57° 54” BE.
20° 07° 10” W.

09° 09° 44” E,
19° 29° 10”
05° 20° 29” E.
05° 05° 23”

06° 48° 07" W.

01° 35° 28" E.

08° 37° 50” W.
08° 46° 49" W.
10° 35° 35” W.
07° 53” 42” W.
31° 20° 21° W.

01° 21° 50” W.

02° 29° 06" W.
04° 15° 20” W.
05° 31° 39” W.

02° 19° 17" E.
07° 16° 39” E.
09° 54? 15" E.
02° 57’ 14” E.
02° 59° 11" E.
04° 51° 52” W.
00° 19° 59” E.
00° 13° 35” E.
13° 08° 02”
30° 34° 4:
39° 48° 20”
20° 33° 21” E.
22° 46° 13” E.
21° 41° 39" EB
24° 46° 51” BE.
25° 37° 00" E.

179.35
25.36

176.32
110.73
162.85
113.48
33.13

72.74

130.33
261.62
325.13
398.95
418.31
335.21
421.81
418.59
317.46
310.26
304.13
405.19
65.72

273.48
245.69
134.94
296.86
242.99
49.77

90.73

266.92
438.76
53.92

144.20
189.30
92.68

366.75
363.71
313.57


43-44
44-45
45-46
46-47
47-48
48-49
49-50
50-51
51-52
52-53
53-54
54-55
55-56
56-57
57-58
58-59
59-60
60-61
61-62
62-63
63-64
64-65
65-66
66-67
67-68
68-69
69-70
70-71
71-72
2-23
73-74
74-75
75-76
76-77
11-78
78-79
79-80

me oe

PRR REP FAAAAABAAY YP weerppre pee vee

31° 17° 45" E.
30° 08° 41° E.
22° 33’ 03” E.
16° 34° 05" E.
12°:23' 15° E..
09° 43° 39" E.
36° 10° 21" E.
52° 44° 31” E.
25° 13° 16" E.
42° 43° 59" E.
48° 15° 33" E.
35° 49° 16" E.
04° 03° 44” BE.
29° 44° 11° BE.
61° 17° 38” E.
29° 49° 48” E.

. 12° 48° 15” W.
. 46° 21° 31" W.
14° 16° 29" W.
25° 18° 32” W.

58° 06° 40” EB.
60° 35° 49" E.
02° 38° 33” W.
54° 05° ST” E.
24° 59° 13" E.
89° 37° 57” E.
07° 41° 12” E.
18° 54° 32” E.
15? 19° 33°.
21° 48° 05” BE.
19° 49° 1
42° 01 34" EL
30° 21° 05" E.
08° 52° 50” E.
19° 10° 44" B.
16° 05° 02" E.
17° 29° 27" E.

514.86
234.24
404.40
353.33
418.03
374.64
260.08
249.20
241.40
499.85
328.03
334.39
186.15
451.99
50.52
439.03
71.41
487.66
430.01
774.91
1154.33
328.79
137.30
2245.41
2141.70
164.59
173.53
262.07
261.45
272.1
269.15
230.08
228.62
102.51
205.53
329.40
131.63


80-81
81-82
82-83
83-84
84-85
85-86
88-89
89-90
90-91
91-92
92-93
93-94
94-95
95-96
96-97
97-98
98-99
99-100
100-101
101-102
102-103
103-104
104-105
105-106
106-107
107-108
108-109
109-110
110-111
111-112
112-113
113-114
114-115
115-116
116-117
117-118
118-119

S. 38° 09° 26” E.
. 07° 19° 25” E.
S. 18° 32° 18"
S. 14° 51° 16”
S. 27° 28° 27° E.
S. 20° 27° 14” E.
N. 46° 58° 29” W.
N, 21° 34’ 53” W.
N. 25° 49° 52” W.
N. 14° 15° 05” W.
N. 17° 55° 03” W.
N. 07° 46° 46” W.
N. 52° 18° 20” W.
N. 17° 58° 53” W.
N. 16° 01° 15” W.
N. 18° 11° 56” W.
N. 11° 08° 02” W.
N. 29° 24° 56” W.
N. 41° 43° 05” W.
N. 20° 34° 31” W.
N. 22° 50° 17” W.
N. 14° 25’ 24” W.
N. 18° 35? 15” W.
N. 09° 45° 08” W.
S. 87° 11° 24” W.
N. 24° 54° 08" W.
N. 54° 09° 23” W.
N. 04° 51° 23” E.
N. 60° 37° 54” W.
S. 57° 54 29” W.
S. 25° 38° 27” E.
S. 13° 47° 39" E.
S. 46° 18° 22” E.
S. 15° 18° 03" E.
S. 29° 10° 22” W.
S. 61° 58° 55” W.
N. 29° 58° 17” W.
7

37.57
339.32
277.08
304.53
208.10
208.31
195.18
219.21
221.43
292.57
285.64
324.60
25.19
162.87
329.90
208.85
86.79
195.53
229.39
314.49
274.26
260.05
268.58
117.66
147.85
2164.43
2260.34
139.11
273.40
1081.11
728.56
416.05
491.79
99.56
489.73
111.86
511.40


119-120
120-121
121-122
122-123
123-124
124-125
125-126
126-127
127-128
128-129
129-130
130-131
131-132
132-133
133-134
134-135
135-136
136-137
137-138
138-139
139-140
140-141
141-142
142-143
143-144
144-145
145-146
146-147
147-148
148-149
149-150
150-151
151-152
152-153
153-154
154-155
155-156

N. 05° 29° 32” W.
NL35°SS"01" W.
N. 48° 02° 11” W.
N. 42° 47° 55” W.
N. 26° 56° 39” W.
N. 51° 26’ 29” W.
N. 34° 49° 38” W.
N. 09° 57’ 23” W.
N. 12° 09° 28” W.
N. 16° 46° 09" W.
N. 22° 49° 27” W.

N. 29° 22’ 17” W.
31° 29’ 22” W.
25° 03° 09" W.
25° 29° 00" W.
21° 35° 43” W.
20° 29° 50” W.
23° 14° 10" W.
19° 01" 32” W.
40° 09° 56” W

33"S7" 13" W.
12° 42° 29” W.
00° 05° 51” EB.

01° 06° 44” W.
01° 03° 39” BE.

01° 23° 40” W.
03° 35° 53” W.
08° 27° 18” W.
07° 20° 07" W.
02° $6" 17” W.
03° 13° 28" E.

04° 57° 41° BE.

03° 16’ 04” E.

00° 53° 33” E.

30° 58° 40” E.

08° 38° 10" E.

10° 15° 59” E.

ZZZAZAZLZAZLAZLZALZAZLZAZLZZALZ

ZZZ22

8

189.31
294.20
326.53
508.69
244.92
239.82
310.12
379.88
402.20
354.82
409.87
206.88
533.33
307.01
386.38
257.23
103.49
90.70

166.74
129.22
81.91

455.06
265.44
93.33

48.93

241.96
295.92
135.55
244.80
273.96
64.42

413.76
294.01
319.84
315.94
413.27
424.44


156-157 N. 09° O17 05" E. 326.55
157-158 N. 08° 44° 29” E. 426.22
158-159 N. 01° 31° 16" W. 392.41
159-160 N. 06° 33° 48” E. 321.00
160-161 N. 03° 48° 27” W. 266.03
161-162 N. 02° 59° 25” W. 121.56
162-163 N. 17° 41? 25” W. 21.72
163-164 S. 67° 16° 54” W. 18.38
164-165 N. 04° 05° 08” W. 146.23
165-166 S. 88° 27° 39” E. 17.29
166-167 N. 06° 06° 55” W. 21.05
167-168 N. 04° 36° 59” W. 34.91
168-169 N. 69° 08° 43” E. 20.36
169-170 NN. 15° 18° 46" W. 78.90
170-171 S. 58° 20° 55” W. 77.69
171-172 N. 31° 50° 07” W. 194.08
172-173 S. 71° 33° 54” W. 20.05
173-174 N. 24° 20° 27” W. 41.76
174-175 N. 28° 44° 42” W. 138.46
175-176 N. 31° 11° 05” W. 80.48
176-177 N. 48° 10° 47" E. 23.10
177-178 N. 39° 42° 35” W. 69.48
178-179 S. 41° 29° 47" W. 31.45
179-180 N. 07° 55° 14” W. 105.19
180-1 N. 32° 40° 40” W. 327.20

Any modification of this Act due to factors such as changing ecological situations, new

scientific discovery of traditional boundaries not previously taken into account shall be made

through an Act of Congress passed after full consultation with the affected public.

(b)

SEC. 5. Definition of Terms. — For purposes of this Act, the following terms are
defined
(a)

as follows:
Biological diversity shall refer to the variety and variability among living organisms
and the ecological complexes in which living organisms occur.
Biological resources shall refer to living natural resources, including the
microorganisms, plants and animals, plus the environmental resources to which the

species contribute.


©

(d)

©

0)

(g)

(hy

@

10}

(k)

a

(m)

Buffer zone shall refer to identified areas outside the boundaries of and immediately
adjacent to or surrounding a designated protected area that need special development
control in order to avoid or minimize harm to other protected area.

Endangered species shall refer to species and subspecies of wildlife whose
populations are in danger of extinction and whose survival is unlikely if the causal
factors continue to operate.

General Management Plan shall refer to the basic long-term framework plan in the
management of the protected area and serves as guide in the preparation of the annual
operations plan and budget.

General Management Planning Strategy (GMPS) shall refer to the general guide
in the formulation of site-specific management plans including buffer zones.
Management manual shall refer to the individual management plan for the ADPLS
containing basic background information, field inventory of the resources,
assessment of assets and limitations, regional interrelationships, particular objectives
for managing, appropriate division into management zones, review of the boundaries
and design of the management programs.

NIPAS Act shall refer to Republic Act No. 7586, otherwise known as the “National
Integrated Protected Areas System Act of 1992”.

Nongovernment organization (NGO) shall refer to any civic, development or
philanthropic organization, which is multi-sectoral in character.

People’s organization (PO) shall refer to organizations of members of the local
community whose purpose for establishment is to protect or advance the interest of
specific sectors such as, but not limited to, farmers, fisherfolk, women and the like.
Protected Area Management Board (PAMB) shall refer to the management body
within the site, responsible for the budgetary allocation for activities and programs
in the ADPLS, and making de

ions on matters relating to planning, peripheral
protection, and general administration in accordance with the General Management
Plan.

Protected Area Superintendent (PASu) shall refer to the Chief Operating Officer
of the Department of Environment and Natural Resources (DENR) in the ADPLS
under the supervision of the PAMB and the concerned DENR Regional Executive
Director (RED).

Protected landscape and seascape shall refer to areas of national significance
characterized by the harmonious interaction of man and land while providing
opportunities for enjoyment through recreation and tourism within the normal

lifestyle and economic activity of these areas.


(n) Protected species shall refer to existing individuals of any species listed under the
Convention on International Trade of Endangered Species (CITES), or any plants or
animals that are declared to be protected under Philippine laws, rules and regulations
issued by the DENR or the PAMB or the management plan herein provided for.

(0) Tenured migrant shall refer to any person who has actually and continuously
occupied the protected area for five (5) years prior to its designation as a protected
area in accordance with the NIPAS Act and is solely dependent therein for
subsistence.

SEC. 6. Control and Supervision. ~ The ADPLS shall be under the administrative
jurisdiction of the DENR and shall be administered in accordance with the provisions of this
Act and the applicable provisions of the NIPAS Act. The DENR shall address issues pertaining
to the maintenance of the ecological processes and life support systems, preservation of genetic
diversity and the sustainable use of the resources within the ADPLS.

SEC. 7. Management. — The ADPLS shall be under the management of the PAMB,
composed of the following as members:

(a) The DENR RED of Region I as chairperson and advisor on matters related to the
technical aspects of protected area management;

(b) The Provincial Planning and Development Coordinator (PPDC) of the Province of La
Union;

(c) One (1) representative from each of the municipal governments of Agoo, Sto. Tomas,
and Rosario, La Union, to be appointed by the respective Sangguniang Bayan;

(a) The Regional Director of the Bureau of Fisheries and Aquatic Resources (BFAR)-
Region I, or the person’s permanent representative;

(e) One (1) representative from each of the nineteen (19) barangays within the ADPLS,
to be appointed by their respective Sanggunian; and

(f) Three (3) representatives from local nongovernment organizations (NGOs), and
community and people’s organizations, to be chosen by the respective sectors in an
election called for the purpose by the DENR, in coordination with the local
government units (LGU’s)

Each member of the PAMB shall serve for a term of five (5) years and shall be
considered to represent and carry the vote of such sector in all matters. In case of members
who are government officials, their membership shall be co-terminus with their term of office.
Whenever a vacancy occurs during the term of a member, a new member shall be appointed
in the same manner as the original appointment in order to complete such unfinished term.

The members of the PAMB shall not receive any salary but shall be entitled to

reimbursements for actual and necessary expenses incurred, either in their attendance in

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meetings of the PAMB or in connection with other official business authorized by resolution
of the PAMB, subject to existing rules and regulations.

The following shall be the duties and functions of the PAMB:

(1) Decide matters relating to planning, resource protection and general administration
of the area in accordance with the General Management Planning Strategy
(GMPS);

(2) Approve proposals, work plans, action plans and guidelines for the management of
the protected area in accordance with the approved management plan;

(3) Delineate and demarcate protected area boundaries and buffer zones pursuant to the
technical description provided in this Act;

(4) Promulgate rules and regulations to promote development programs and projects
on biodiversity conservation and sustainable development consistent with the
management manual of the protected area;

(5) Ensure the implementation of programs as prescribed in the management plan in
order to provide employment to the people dwelling in and around the protected
area;

(6) Control and regulate the construction, operation and maintenance of roads, trails,
waterworks, sewerage, fire protection and sanitation systems and other public
utilities within the protected area; and

(7) Monitor and evaluate the performance of protected area personnel, NGOs, and the
communities in biodiversity conservation and socio-cultural and economic
development and report their assessments to the NIPAS Policy and Program
Steering Committee (NPPSC) and the Integrated Protected Area Fund (IPAF)
Governing Board.

The PASu shall prepare the management plan in consultation with the appropriate
offices of the DENR and local experts including, but not limited to, people’s organizations,
non-government organizations and local government agencies. The management plan shall be
reviewed, approved and adopted by the PAMB and shall be certified by the Secretary of the
DENR that the management plan conforms to all Jaws, rules and regulations of national
application issued by the DENR. In no case shall the DENR revise or modify the management
plan without prior consultation with the PAMB.

The PASu, in coordination with all concerned offices, shall likewise prepare all
successor plans. One (1) year before the expiration of the period of applicability of the plan in
effect, the PASu shall cause the publication of notices for comments and suggestions on the
next successor plan in a newspaper of local circulation and the posting of such notices in the
provincial, municipal and barangay halls and in three (3) other areas frequented by the public.
Public hearings may be conducted on the successor plan upon the written request of any

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interested party. The final plan shall be prepared in a language understandable in the area,
plainly written and available for public comment at the office of the PASu upon its approval
by the PAMB.

‘The zoning of the ADPLS shall give primary consideration to the traditional zones used
and recognized by tenured migrants unless such uses are deemed detrimental to biodiversity
and the protection of its natural characteristics.

SEC. 8. Special Prosecutors. — Within thirty (30) days from the effectivity of this Act,
the Department of Justice shall appoint a special prosecutor to whom all cases of violation of
the laws and rules and regulations in the protected area shall be assigned. Such special
prosecutor shall coordinate with the PAMB and the PASu in the performance of the person’s
duties and assist in the training of rangers in apprehension and criminal procedures.

SEC. 9. Agoo-Damortis Protected Area Fund. ~ There is hereby established a trust
fund to be known as the Agoo-Damortis Protected Landscape and Seascape Fund (ADPLSF)
for purposes of financing projects of the system. All income generated from the operation of
the system or management of wild flora and fauna in the ADPLS shall accrue to the fund. This
income shall be derived from fees from permitted sale and export of flora and fauna and other
resources from the ADPLS, proceeds from lease of multiple-use areas, contributions from
industries and facilities directly benefiting from it, and such other fees and incomes derived
from its operation.

‘The fund may be augmented by grants, donations, endowment from various sources,
domestic or foreign, for purposes related to their functions: Provided, That the 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: Provided, further, That the fund shall not be used to cover
personal services expenditures.

The local government units (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. Furthermore, LGUs may charge add-ons to fees

imposed by the PAMB: Provided, That such add-ons shall be determined based on the

contribution of the LG!
SEC. 10. Existing Faci

's in the maintenance and protection of the protected area.

8 within the ADPLS. — Within sixty (60) days from the

effectivity of this Act, existing facilities such as roads, buildings, airports, seaports, water

systems, power plants, transmission lines, communication facilities, heavy equipment,

irrigation facilities, commercial sea vessels, medical facilities and junk shops of government
organizations or agencies, non-government organizations, and private individuals and
institutions within the protected area shall be assessed in terms of their significance to national

13


interest and their impact on the ADPLS. The owners of these facilities shall be required to
submit their individual project descriptions including their future plans to the PAMB through
the PASu. For those facilities found significant to national interest, a contract shall be
negotiated between the PAMB and the operator and the payment of fees for the use of the land
shall be based on profit-sharing principle or other measures in accordance with law. Other
facilities whose purposes are found inconsistent with protected management shall be directed
to vacate such area, if possible, at the earliest possible time.

Upon review and evaluation of all existing facilities, the PAMB shall imposed
conditions on the operation of the facilities that are detrimental to the ADPLS. If such
conditions are violated, the owner of such facilities shall be liable to pay a fine of Five thousand
pesos (P5,000.00) for every day of violation, Upon reaching a total fine of Five hundred
thousand pesos (P500,000.00), the PAMB through the PASu and deputized government
entities shall cause the cessation and demolition of the facility at the cost of its owners. Fees
collected shall accrue to the ADPLSF established in Section 9 hereof.

SEC. 11. Utilization of Energy Resources. ~ The ADPLS may be subjected to
exploration for the purpose of gathering information on energy resources and only if such
activity is carried out with the least damage to surrounding areas. Surveys shall be conducted
only in accordance with a program approved by the DENR, and the results of such surveys
shall be made available to the public and submitted to the President for recommendation to
Congress. Any exploitation and utilization of energy resources found within the ADPLS shall
be allowed only through an Act of Congress.

SEC. 12. Tenured Migrants. — Those who have actually and continuously occupied
portions of the protected areas since June 30, 1987 and are solely dependent therein for
subsistence are considered as tenured migrants. Their proof of length of occupancy shall be
documented through a tenure instrument over such areas as have been occupied or cultivated
and/or developed since June 30, 1987. In case the areas occupied by tenured migrants fall
within management zones that do not allow occupancy or other critical management activities,
provisions for their transfer to multiple-use zones shall be utilized using humanitarian
considerations.

The rights, interest and activities of tenured migrants within the ADPLS and its
adjoining buffer zones shall be governed by the principles of biodiversity protection and
sustainable development and by the guidelines prescribed in the management plan as well as
the prohibitions set out in the NIPAS Act: Provided, That all plans, policies and guidelines
affecting tenured migrants shall be developed and implemented in partnership with them.
When a tenured migrant instrument is cancelled for cause, abandonment and/or by voluntary
surrender of rights, the PASu shall take immediate steps to rehabilitate the area in order to

14


return it to its natural state prior to the cultivation or other developmental activities by the
tenured migrant.

SEC. 13. Indigenous People’s Rights. — The rights of the indigenous communities to
their ancestral domains and other customary rights and interest within the ADPLS shall be
accorded due recognition. The preservation and protection of ancestral domains and
customary rights shall be considered as a management objective.

The PASu Office shall identify the location of indigenous cultural communities within
or near the site, which is identifiable by the tribal leaders.

The evaluation of ancestral domain claims within the ADPLS shall be conducted by the
National Commission on Indigenous Peoples (NCIP) pursuant to the provisions of Republic
Act No. 8371, otherwise known as “The Indigenous Peoples Rights Act of 1997” or the IPRA
law, and its implementing rules and regulations, in coordination with the PAMB.

SEC. 14. Appropriations. — The Secretary of the Department of Environment and
Natural Resources 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. 15. Reporting Responsibility. — The PASu, through the PAMB, shall be
responsible in the preparation of accomplishment reports on all activities undertaken in the
ADPLS for submi

SEC. 16. Prohibited Acts and Penalties. - The following acts are hereby prohibited
within the ADPLS:

(a) Hunting, destroying, disturbing, or mere possession of any plants or animals or

n to the DENR Secretary.

products derived therefrom without a permit from the PAMB;
(b) Dumping of any waste products detrimental to the ADPA, or to the plants and
animals or inhabitants therein;
(c) Use of any motorized equipment without a permit from the PAMB;
(d) Mutilating, defacing or destroying objects of natural beauty or objects of interest to
cultural communities;
(¢) Damaging and leaving roads and trails in a damaged condition;
(8 Squatting, mineral location or otherwise occupying any land;
(g) Constructing or maintaining any kind of structure, fence or enclosure, conducting
any business enterprise without a permit from the PAMB;
(h) Leaving in exposed or unsanitary conditions refuse or debris, or depositing in
ground or in bodies of water; and
(i) Altering, removing, destroying or defacing boundary marks or signs.
SEC. 17. Penalties. — Whoever violates this Act or any rules and regulations issued by
the Department or the PAMB pursuant to this Act or whoever is found guilty by a competent
court of justice of any of the offenses in the preceding section shall be fined in the amount of

15


not less than Five thousand pesos (P5,000.00) nor more than Five hundred thousand pesos
(P500,000.00), exclusive of the value of the thing damaged or imprisonment of not less than
one (1) year but not more than six (6) years, or both, as determined by the court: Provided,
‘That if the area requires rehabilitation or restoration as determined by the court, the offender
shall also be required to restore or compensate for the restoration of the damage: Provided,
further, That the court shall order the eviction of the offender from the area and the forfeiture
in favor of the government of all minerals, timber, or any terrestrial or marine species collected
or removed, including all equipment, devices and firearms used in connection therewith and
any construction or improvement made thereon by the offender. If the offender is an
association or a corporation, the president or manager shall be directly responsible for the act
of his employees and laborers: Provided, finally, That the DENR may impose administrative
fines and penalties consistent with this Act.

SEC. 18. Separability Clause. - If any part or section of this Act is declared
unconstitutional by the court, such declaration shall not affect the other parts or sections hereof.

SEC. 19. Repealing Clause. ~ All laws, presidential decrees, executive orders, and
rules and regulations inconsistent with any provision of this Act shall be deemed repealed or
modified accordingly.

SEC. 20. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in two (2) national newspapers of general

circulation.

Approved,