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NINETEENTH CONGRESS OF THE) ea RECE. Ive @
REPUBLIC OF THE PHILIPPINES ) 2 DAT EAS _2 2 2022
First Regular Session ) * “Fs
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Introduced by Rep. Reynante U. Arrogancia

EXPLANATORY NOTE

This bill seeks to declare the Alibijaban Wilderness Area into the Alibijaban Protected
Landscape and Seascape in the Municipality of San Andres, Province of Quezon. The
Alibijaban has a unique ecosystem with a wide range of variety of species listed as endangered
or near threatened and is rich sanctuary to various flora and fauna.

Alibijaban Island is a coastal area in the southeastern coast of Bondoc Peninsula in the
Municipality of San Andres in Quezon Province. It has a total area of 1,055.84 hectares with
472.51 hectares as landscape area and 583.33 hectares as seascape area. The Alibijaban Island
has rich biodiversity of terrestrial and marine species that by virtue of Presidential
Proclamation No. 2151 Series of 1981 the Alibijaban Island was declared as a wilderness area.

In 2020, a Protected Area Suitability Assessment (PASA) was conducted by the
Department of Environment and Natural Resources (DENR) on the Alibijaban Wilderness
Area (AWA) including its surrounding seascape to determine whether the same is suitable to
be legislated as a Protected Area. Data from three (3) ecosystems, namely Seagrass, Mangrove,
and Coral reefs were gathered and indeed the Alibijaban Wilderness Area can be considered as
Protected area with a wide variety of species and notable of this is the Bantigue or the Pemphis
acidula and variety of mangrove species, sea grass species and other associated lifeforms.

The flora in the AWA have been identified as sixty-nine (69) species therein with
twenty-six (26) of which have been classified as true mangrove species. Seagrasses in the
AWA is in abundance and belong to six (6) different species. The fauna in the AWA has been
identified as thirty-eight (38) avian species including the Tabon bird with marine turtle nesting
sites and roosting sites of Golden Crown Flying Fox and Large Flying Fox. While its seascape
has different corals, marine turtle, crustaceans and fishes.

In view of the foregoing, the passage of this bill in

REP. REYNANTE U. ARROGANCIA.
3" District of Quezon

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NINETEENTH CONGRESS OF THE +)
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
. “H.BENo.

Introduced by Rep. Reynante U. Arrogancia

AN ACT

DECLARING A PARCEL OF LAND LOCATED IN THE MUNICIPALITY OF SAN
ANDRES, PROVINCE OF QUEZON AS A PROTECTED AREA WITH A
CATEGORY OF PROTECTED LANDSCAPE AND SEASCAPE UNDER THE
NATIONAL INTEGRATED PROTECTED AREAS SYSTEM (NIPAS) TO BE
REFERRED TO AS THE ALIBIJABAN PROTECTED LANDSCAPE AND
SEASCAPE, PROVIDING FOR ITS MANAGEMENT, AND APPROPRIATING
FUNDS THEREFOR

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

ARTICLE I
GENERAL PROVISONS,

SECTION 1. Title. ~ This Act shall be known as the “Alibijaban Protected Landscape and
Seascape Act”.

SEC. 2. Declaration of Policy. - Cognizant of the profound impact of human activities on all
components of the natural environment particularly the effect of increasing population,
resource exploitation 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, it is hereby declared
the policy of the State to secure for the Filipino people of present and for future generation, the
perpetual existence of all native plants and animals through the establishment of
comprehensive system of integrated protected areas within the classification of national park
as provided for in the Constitution.

In recognition of the richness and diversity of the biological resources, both flora and
fauna, that are distinct to the Province of Quezon and its aesthetic and ecological importance,
a parcel of land located in the Municipality of San Andres in the Province of Quezon, and
covering the Alibijaban Wilderness Area, is hereby declared as a protected area with the
category of protected landscape and seascape, and shall hereinafter be referred to as the
Alibijaban Protected Landscape and Seascape (APLS). As such, the State shall ensure the
conservation, protection, management and rehabilitation of the area. It is likewise recognized
that the effective administration of this area is possibly only through cooperation among.


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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 need for the conservation of biodiversity and the integrity of
the ecosystems, culture and indigenous practices.

SEC. 3. Definition of Terms. ~ As used in this Act:

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

(b) Conservation refers to any act or acts of preservation and sustainable utilization of
wildlife or maintenance, restoration and enhancement of habitats;

(©) Indigenous cultural communities (ICCs)/Indigenous peoples (IPs) refer to groups 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;

(d) National park refers to land of the public domain classified as such in the Constitution
which includes all areas under the NIPAS, primarily designated for the conservation of
native plants and animals, their associated habitats and cultural diversity;

(©) Protected area refers to an identified portion of land and water set aside by reason of
its unique physical and biological significance, managed to enhance biological diversity
and protected against destructive human exploitation;

(f) Protected landscape refers to an area of national significance, which are characterized
by the harmonious interaction of human, land, and water while providing opportunities
for public enjoyment through recreation, tourism, and other economic activities; and

(g) Tenured migrants refer to protected area occupants who have been actually,
continuously and presently occupying a portion of the protected area for five (5) years
before the proclamation or law establishing the same as a protected area, and are solely
dependent therein for subsistence;

SEC. 4. Classification as a National Park. ~ The APLS is comprised of a parcel of land of
the public domain located in the Municipality of San Andres, Province of Quezon. All lands
of the public domain within the coverage and scope of the APLS, shall fall under the
classification of national park as provided in Article XII, Section 3 of the Constitution.


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SEC. 5. Scope and Coverage. ~ The boundaries of the Alibijaban Protected Landscape and

Seascape are more particularly described as to wit:

SEASCAPE:

Beginning at a point marked “1” on the Map, being N 70° 29' 43” E., 3,662.89 meters
from QZN — 3479 with a geographic coordinates of 13° 19' 22.93063” Latitude and 122° 40'

39.46402" Longitude located at Municipality of San Andres, Quezon.

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

the point of beginning containing an area of FIVE HUNDRED EIGHTY-THREE and

'N 00°53" 42’ W
N07°49' 49” E
N 14°44 52” E
N 46°29' 39" E
1N 58°29" 45" E
S 64°14! 28" E
$ 1190453" E
$.01°02' 49" W
$ 03°15" 18" E
S$ 03°26 44"E
$01°25' 29" E
$.04°10' 29" W
$27°24' 41" W
S 64°38' 46” W
N 40°16°25" W
‘N 16°58'44" W
N 00°02°59" E

33/100 (583.33) hectares.

LANDSCAPE:

Beginning at a point marked “I” on the Map, being N 74° 29' 22” E., 3,825.57 meters
from QZN — 3479 with a geographic coordinates of 13° 19' 2.93063” Latitude and 122° 40°

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1258.88
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1272.21
310.24
1069.61
1124.57

meters to comer
meters to corner
meters to corner
meters to corner
meters to comer
meters to corner
meters to corner
meters to corner
meters to comer
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meters to corner
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meters to corner
meters to corner

39.46402" Longitude located at Municipality of San Andres, Quezon.

thence
thence
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thence
thence
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thence

'N 08°33'12" E
N 02°22'35” E
'N 25°18'58" W
1N 11°18'36” E
'N 09°00'06" W
NO1°15'42" E
N 07°35'08” E.

272.54
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190.83
159.76
122.41
459.17
433.46

meters to comer
meters to comer
meters to comer
meters to comer
meters to comer
meters to comer
meters to comer

PADLSeN


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thence N09°S1'20E. 406.51 meterstocomer 9;

thence N 22°36'57" W 82.52 meterstocorner —_10;
thence N.07°06'43" E 162.38 meters tocorner 11;
thence —N 16°40'53" E 318.25 meterstocomer —_ 12;
thence —N 24°27'31" E 423.18 meters to comer ‘13;
thence N 33°S1'37" E 225.53 meterstocomer 14;
thence —_N 63°53'34" E 258.82 meters to corner 15;
thence § 62°59'49" E 228.33 meterstocomer —16;
thence § 39°03'37" E 185.19 meterstocorner 17;
thence $ 27°09°45" E 197.71 meterstocomer 18;
thence —_$ 05°54'49" E 224.87 meterstocomer —-19;
thence — $ 19°22'49" W 311.47 meterstocomer 20;
thence $ 34°1719" W 142.54 meterstocomer 21;
thence —- § 15°34" 1S"E 113.00 meterstocorner 22;
thence —_$ 00°16'33" E 524.51 meterstocorner 23;
thence $ 14°05'00" E 642.22 meterstocomer 24;
thence — $ 08°39'43" W 384.27 meterstocomer 25;
thence $$ 00°12754" W 395.63 meters to corner 26;
thence $ 41°08'47" W 126.31 meterstocomer 27;
thence $ 32°1923" E 264.07 meterstocorner 28;
thence $ 22°30'46" E 372.80 meterstocorner 29;
thence — $ 00°51°47 W 258.64 meterstocorner 30;
thence — $ 07°25'58” W 312.65 meterstocommer 31;
thence § 18°35'12" W 220.72 meterstocomner 32;
thence — $ 71°58'12" W 180.35 meterstocorner 33;
thence § 85°31'41 W 393.19 meterstocorner 34;
thence —_N 73°09'03 W 464.16 meterstocomer 35;
thence —N 49°22'32" W 239.31 meters to corner 36;
thence N 23°00°04" W 161.70 meterstocomer 37;
thence N 06°17'07 E 465.04 meters to corner 1

the point of beginning containing an area of FOUR HUNDRED SEVENTY-TWO and
51/100 (472.51) hectares.

SEC. 6. Establishment 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 APLS
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 designate their development with due
consideration to the protected area management plan.


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ARTICLE II
MANAGEMENT MECHANISMS

SEC. 7. 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 APLS. The PMMB shall be composed of the following:

(a) DENR Regional Executive Director for Region IV-A as Chairperson;

(b) Governor of the Province of Quezon or the duly authorized representative;

(c) Senators of the Republic of the Philippines who are duly registered residents of
Quezon, or their duly designated representatives, unless the Senators decline the
membership in the PAMB;

(d) District Representative of the Congressional District where the APLS is located or
the duly designated representative, unless the District Representative declines the
membership in the PAMB;

() Mayor of the Municipality of San Andres, Quezon or the duly authorized
representative;

(f) Chairperson (s) of the barangay (s) within the territorial jurisdiction of the APLS;

(g) Regional Directors of the following government agencies, namely: the Department
of Agriculture (DA), the National Economic and Development Authority (NEDA),
the Department of Science and Technology (DOST), the Philippine National Police
(PNP), the Department of National Defense (DND), the Department of Tourism
(DOT), and the National Historical Commission of the Philippines (NHCP);

(h) Three (3) representatives from NGOs or people’s organizations (POs) based in the
Province of Quezon, 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 ICCs/IPs
present in the area and recognized by the National Commission on Indigenous
Peoples (NCIP); and

One (1) representative from an academic institution, preferably from a university
or college in the Province of Quezon with proven track record in or related to
protected area management; and

‘The terms of office of members of the PAMB, as well 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. 8. Powers and Functions of the PAMB. - The PAMB shall have the following powers
and functions:

(a) Oversee the management of the APLS;


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(b) Approve policies, plans and programs, proposals, agreements, and other related
documents for the management of the APLS;

(©) Approve the management plan of the APLS and ensure its harmonization and
integration with the Ancestral Domain Sustainable Development and Protection
Plan, land use plan and other development plan, public or private, and its
implementation;

(d) Adopt a manual of operations to include rules of procedure 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
APLS;

(f) Allocate financial resources for the implementation of the management plan and
manage the Protected Area Retention Income Account and other funds in
accordance with the accounting and budgeting rules and regulations;

(g) Set fees and charges in accordance with existing guidelines;

(h) Issue rules and regulations for the resolution of conflicts through appropriate and
effective means;

(i) Recommend appropriate policy changes to the DENR and other government
authorities with respect to the management of the APLS;

) Monitor and assess the performance of the Protected Areas Superintendent (PASu)
and other protected area personnel and compliance of partners with the terms and
conditions of any undertaking, contract or agreement;

(k) Recommend from among a shortlist of qualified candidates, the designation or
appointment of the PASu; and

(I) Assess the effectiveness of the management of the APLS: 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
complies with and used as reference and framework in their respective plans,
policies, programs, and projects. Failure to comply with the foregoing shall be basis
for disciplinary action against such member according to 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 in 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. 9. The Protected Area Management Office (PAMO). ~ There is hereby established a
Protected Area Management Office (PAMO) to be headed by a Protected Area Superintendent
(PASu) who shall supervise the day-to-day management, protection, and administration of the
APLS. 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


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likewise be appointed by the DENR Secretary to assist the PASu in the management of the
APLS.

The PASu shall be primarily accountable to the PAMB and the DENR for the
management and operations of the APLS. Pursuant thereto, the PASu shall have the following
duties and responsibilities:

(a) Prepare the management plan, in consultation with the stakeholders, including the
annual and financial plan and ensure its implementation;

(b) Ensure the integration of the APLS 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;

(4) 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 APLS, commence and
institute administrative and legal actions in collaboration with other government
agencies or organization, and assist in the prosecution of offenses committed in
violation of the provisions of this Act;

(g) Monitor, evaluation, and report the implementation of management activities of the
APLS;

(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 APLS;

(i) Issue permits and clearances for activities that implement the management plan and
other permitted activities in accordance with the terms, conditions and criteria
established by the APLS: Provided, That all permits for extraction activities,
including collection for research purposes, shall also 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;

(@) Collect and receive pertinent fees, charges and donations, and other income for the
APLS: Provided, That such fees, charges, donations, and other income collected
and received shall be reported to regularly to the PAMB and the DENR in
accordance with the existing guidelines;

(k) Prepare and recommend to the PAMB, approval of the annual work and financial
plans of the APLS on the management plan; and

(D) 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.


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ARTICLE Ill
PROCEEDS AND FEES:

SEC. 10. The Alibijaban Protected Landscape and Seascape Integrated Protected Area Fund,
~ There is hereby established a trust fund to be known as the Alibijaban Protected Landscape
and Seascape Integrated Protected Area Fund (APLS-IPAF) for purposes of financing project
of the APLS and the NIPAS. All income generated from the operation and management of
wild flora and fauna in the APLS shall accrue to the APLS -IPAF. The income shall be derived
from fees from permitted sale and export of flora and fauna and other resources from the APLS,
proceeds from lease of multiple-use areas, contributions from industries and facilities directly
benefiting from the APLS, and such other fees and income derived from the operation of the
APLS.

‘The PAMB shall retain seventy-five percent (75%) of all revenues raised through the
above means, which shall be deposited to the Protected Area-Retained Income Account (PA-
RIA) in any authorized government depository bank within the locality: Provided, That
disbursement out of such deposits shall be used solely for the protection, maintenance,
administration, and management of APLS 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, and 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
personnel services expenditures.

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

ARTICLE IV
TRANSITORY AND 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 the Republic Act No.
7586, or the “National Integrated Protected Areas System Act of 1992”, as amended by


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Republic Act No. 11038, or the “Expanded National Integrated Protection Area System Act of
2018” shall have suppletory applications 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 Municipality of San Andres,
the provincial government of Quezon, 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 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,