I 
3Ih Congress 
1 
Republic of the Philippines ) 
Third Regular Session 
) 
Introduced by Senator Aquilino Q. Pimentel, Jr. 
EXPLANATORY NOTE 
This is a counter-part bill of House Bill 5838 sponsored by Representative 
Danilo P. Lagbas of the First District of Misamis Oriental. 
This bill proposes the creation of the Mimbilisan Protected Landscape 
within the Mimbilisan Watershed in the Municipalities of Talisayan and Balingoan, 
Province of Misamis Oriental, through its establishment as a component of the 
National Integrated Protected Areas System (NIPAS) under the category of 
protected landscape. The total area of the protected area is Six hundred sixty 
thousand square meters (660,000 sq.m.) or sixty-six (66) hectares, more or less, 
located within the territory of Barangay Mapua, Municipality of Balingoan, 
Province of Misamis Oriental. 
Under this legislative proposal, the management of the Mimbilisan 
Protected Landscape shall be vested in the Protected Area Management Board 
(PAMB), which shall serve as the highest policy-making body for the protected 
area. 
The local government units of the municipalities of Balingoan and 
Talisayan shall participate in the management of the protected area through its 
membershiphepresentation in the PAMB. The Mimbilisan Protected Landscape 
Management Office is hereby created within the DENR-Region X. 
The zoning of the protected area shall give primary consideration to 
cultural, economic, and social practices consistent with sustainable management 
principles by tenured migrants and nearby communities for an appreciable length 
of time unfess such uses are deemed detrimental to biodiversity conservation 
and the protection of the natural characteristics of the protected area. 
A trust fund to be known as the Mimbilisan Protected Area Fund shall be 
established under this bill for purposes of financing projects for the protected 
area. 
All income generated from the operation of the protected area or 
management of wild flora and fauna in the protected area shall accrue to the 
fund. 
The immediate passage of this bill is earnestly requested. 
A~UILINO Q. PIMENTEL, JR. 


I I 
3'h Congress 
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Republic of the Philippines) 
3 
Third Regular Session 
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SENATE 
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SB 
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Introduced by Senator Aquilino Q. Pimentel 
AN ACT ESTABLISHINGTHE MlMBlLlSAN PROTECTED LANDSCAPE LOCATED 
INTHE MUNICIPALITIES OF BALINGOAN AND TALISAYAN, PROVINCE OF MlSAMlS 
ORIENTAL, PROVIDING FOR ITS MANAGEMENT AND FOR OTHER PURPOSES 
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Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
Section 1. Title.- This Act shall be known and cited as "The Mimbilisan Protected 
Landscape Act." 
Section 2. Declaration of Policy.- It is the policy of the State to protect and 
advance the right of the people to a balanced and healthful ecology in accord with the 
rhythm and harmony of nature. For this purpose, the State shall secure for the present 
and future generations of Filipinos the perpetual existence of all native plants and 
animals within the Mimbilisan Watershed in the Municipalities of Talisayan and 
Balingoan, Province of Misamis Oriental, through its establishment as a component of 
the National Integrated Protected Areas System (NIPAS) under the category of 
protected landscape. 
The State shall likewise promote the participation of local 
communities in the management of the Mimbilisan Watershed and protect the way of 
life of the people living in and around the protected area. 
Section 3. Scope. The boundaries of the Mimbilisan Protected Landscape are as 
follows: Tie Line: Point 1 or Corner 1 on the map is S 37' W, approximately 6,200 
meters from the MBM of the Municipality of Talisayan, Misamis Oriental. 
LINE 
BEARING 
DISTANCE 
1 - 2  
2 - 3  
3 - 4  
4 - 5  
5 - 6  
6 - 7  
7 - 8  
8 - 9  
S55" 0 0  E 
N73" 0 0  E 
S52" 00' E 
S08" 2 0  E 
S55" 60' W 
S60° 60' W 
N68" 60' W 
S68" 60' W 
310.00 meters 
200.00 meters 
200.00 meters 
633.00 meters 
200.00 meters 
190.00 meters 
220.00 meters 
150.00 meters 


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9 - 10 
N 09” 60’ W 
390.00 meters 
10-11 
N09” 60’ E 
260.00 meters 
11 -12 
N34“ 00’ E 
110.00 meters 
12 - 13 
N62” 60’ W 
220.00 meters 
13-14 
N19” 60’ W 
170.00meters 
14-15 
N70” 00’ E 
190.00 meters 
15-1 
S86” 00’ E 
110.00 meters 
The total area of the protected area is Six hundred sixty thousand square meters 
(660,000 sq.m.) or sixty-six (66) hectares, more or less, located within the territory of 
Barangay Mapua, Municipality of Balingoan, Province of Misamis Oriental. 
Section 4. Definition of Terms - For purposes of this Act, the following terms 
“Biological Diversity or Biodiversity” shall refer to the wealth of life forms 
found on earth, the millions of different plants, animals and microorganisms, the genes 
they contain, and the intricate ecosystem they form; 
shall be defined as follows: 
a. 
b. 
”Buffer Zones” shall refer to identified areas outside the boundaries of and 
immediately adjacent to designated protected areas that need special development 
control in order to avoid or minimize harm to the protected area; 
c. 
“General Management Plan” shall refer to the basic long-term framework 
plan for the management of the protected area and serves as guide in the preparation 
of the annual operations plan and budget; 
d. 
“General Management Planning Strategy” shall refer to a guide in the 
formulation of site specific management plans, including buffer zones; 
e. 
“Indigenous Peoples” shall refer to people sharing common bonds of 
language, customs, traditions and other distinctive cultural traits and who have since 
time immemorial occupied, possessed and utilized a territory; 
f. 
“Integrated Protected Area Fund” shall refer to a trust fund established for 
purposes of financing projects within a protected area; 
g. 
“Management Manual” shall refer to the individual management plan 
containing basic background information, field inventory of the resources, assessment 
of assets and limitations, regional interrelationships, particular objectives for managing 
the area, appropriate division into management zones, review of the boundaries, and 
design of the management programs of the area; 
h. 
“National Integrated Protected Areas System (NIPAS)” shall refer to the 
classification and administration of all designated protected areas established pursuant 


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to Republic Act No. 7586 to maintain essential ecological processes and life-support 
systems, to preserve genetic diversity, to ensure sustainable use of resources, and to 
maintain the natural conditions to the greatest extent possible; 
i. 
“Protected Area” shall refer to identified portions of land and water set aside 
by reasons of their unique physical and biological significance, managed to enhance 
biological diversity, and protected against destructive human exploitation; 
j. 
“Protected Area Management Board” shall refer to the site based decision 
making body responsible in the planning, resource protection and general 
administration of the area in accordance with the approved management plan; 
k. 
“Protected Landscape” shall refer to an area of national significance which 
is characterized by the harmonious interaction of man and land while providing 
opportunities for public enjoyment through recreation and tourism within the normal 
lifestyle and economic activity of the area; 
I. 
“Protected Area Superintendent“ shall refer to the chief operating officer of 
the Department of Environment and Natural Resources (DENR) for the Mimbilisan 
Protected Landscape; 
m. 
“Secretary” shall refer to the Secretary of the Department of Environment 
and Natural Resources (DENR); and 
n. 
“Tenured Migrants” shall refer to any person who has actually and 
continuously occupied an area for five (5) years prior to the designation of the same as 
a protected area in accordance with the provisions of Republic Act No. 7586 or the 
NIPAS Act and are solely dependent therein for subsistence; 
Section 5. Management of the Mimbilisan Protected Landscape.- 
The 
management of the Mimbilisan Protected Landscape shall be vested in the Protected 
Area Management Board (PAMB) as herein provided, which shall serve as the highest 
policy-making body for the protected area. Through the PAMB, the management 
structure for the protected area shall promote partnership, participation, cooperation, 
and coordination with local communities and civil society organizations. 
Section 6. The Protected Area Management Board.- 
The’ Protected Area 
Management Board for the Mimbilisan Protected Landscape shall be composed of: 
(1) The Regional Executive Director of DENR-Region X, as chairman; 
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(2) 
The mayors of the Municipalities of Balingoan and Talisayan, Province of 
Misamis Oriental, or their authorized representatives; 


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(3) The barangay captains with territory inside and adjacent to the protected 
area or their authorized representatives; 
(4) The Regional Director of the Department of Agriculture (DA) Region X or his 
authorized representative; 
(5) The Provincial Environment and Natural Resources Officer (PENRO) of 
Misamis Oriental; 
(6) The Community Environment and Natural Resources Officer of Gingoog 
City; 
(7) Two (2) non-government organizationlpeoples organization (NGO/PO) 
representatives concerned with protected area management, chosen from among the 
two (2) municipalities with territory inside the protected area and duly accredited with 
the municipality being represented; and 
(8) The Provincial Planning and Development Officer (PPDO) of Misamis 
Oriental, sitting as ex-officio member, to be endorsed by the provincial governor. 
Each member of the PAMB shall serve for a term of five (5) years and shall be 
considered to represent and carry the vote of his or her sector in all matters. The 
members who represent government officials or agencies shall serve according to the 
term of office of their principals, unless sooner terminated by such officialk. 
Section 7. Powers and Functions of the PAMB.- The PAMB for the Mimbilisan 
Protected Landscape shall exercise the following powers and functions: 
(a) Issue rules and regulations to implement the provisions of this Act and 
promote the policy declaration herein set forth; 
(b) Establish criteria and set fees for the issuance of permits for the activities 
regulated by the Act, or the approved management plan; 
(c) 
Identify the buffer zone for the protected area; 
(d) Adopt rules of procedure for the conduct of business, including the creation 
of committees to whom its powers may be delegated; 
(e) Approve the management plan and oversee the Office of the Protected Area 
Superintendent (PASu); 
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Deputize interested individuals for the enforcement of the laws, rules and 
regulations adopted pursuant to this Act; 
(9) Accept donations, approve proposals for funding and budget allocation and 
exercise accountability over all funds that may accrue to the protected area; 
(h) Coordinate with appropriate agencies for the regulation of flight patterns of 
aircraft going over the area to set acceptable latitudinal limits and emissions; and 


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(i) 
Retain legal counsel, either on a permanent or temporary basis, to provide 
legal assistance to the PAMB and the PASu staff whenever they are sued in connection 
with the performance of their duties under fhis Act. 
The Secretary shall exercise authority over the PAMB to ensure that it exercises 
its authority within the scope of its powers and functions. In case of conflict between 
administrative orders of national applications issued by the DENR pursuant to the 
NIPAS Act and the rules and regulations issued by the PAMB, the PAMB shall notify the 
Secretary who shall resolve such conflict. 
The local government units of the municipalities of Balingoan and Talisayan shall 
participate 
in 
the 
management 
of 
the 
protected 
area 
through 
representationlmembership in the PAMB as provided under Section 6 hereof. The 
LGUs shall retain their power to adopt ordinances over the territory covered under this 
Act, giving due consideration, however, to protected area management objectives. If a 
conflict between LGU and protected area management objectives remain unresolved 
within the PAMB, the Secretary shall resolve such issue with the concerned LGU. 
Section 8. The Mimbilisan Protected Landscape Management Office.- The 
Mimbilisan Protected Landscape Management Office is hereby created within the 
DENR-Region X. It shall be headed by the PASu, an employee of DENR-Region X, 
who shall serve as chief operating officer for the protected area. The PASu shall report 
directly to the DENR RED for Region X and shall be accountable to the PAMB. The 
PASu shall reside and establish a main office and sub-offices, as needed, within the 
protected area. 
The PASu shall have the following powers and functions, 
(1) 
(2) 
Prepare the management and successor plans as herein provided; 
Provide a secretariat for the PAMB to supply the latter with all information 
necessary to make appropriate decisions; 
(3) 
Hire and supervise the necessary personnel to support operations as the 
budget made available by the PAMB may allow; 
(4) Establish a productive partnership with the local community, including 
groups interested in the achievement of the goals and objectives of the protected area, 
and in the planning, protection and management thereof; 
(5) 
(6) 
Develop and implement a park information, education and visitor program; 
Enforce the laws, rules and regulations relevant to the protected area and 
assist in the prosecution of offenses thereof; 
(7) Monitor all activities within the protected area for conformity with the 
management plan; and 


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(8) Perform such other functions as the PAMB may assign. 
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The PASu shall prepare a management plan in coordination with the appropriate 
offices of the DENR, LGUs, local communities, and experts on tribal communities who 
have experience in the particular cultures in the area. The management plan shall be 
reviewed, approved and adopted by the PAMB and certified to by the Secretary that it 
conforms to all laws, rules and regulations of national application. In no case shall the 
management plan be revised or modified without prior consultation with the PAMB. 
Within one (1) year from the effectivity of this Act, the management plan shall be 
put into effect in accordance with the NlPAS Act and the procedure herein set forth. It 
shall contain, among others, the following: 
(a) Period of applicability of the plan 
(b) Key management issues 
(c) Goals and objectives of management 
(d) Site management strategy 
(e) Major management activities such as, but not limited to, enforcement of 
laws, habitat and wildlife management, sustainable use management, 
infrastructure development and maintenance, fire and pest control, etc. 
(9 Zoning 
(9) Visitor management programs 
The PASu shall prepare all successor plans two years before the expiration of 
the existing plans and 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 
other areas frequented by the public. Public consultations may be conducted on the 
successor plan upon the written request of any interested party. The proposed plan 
shall be made available to the public during the period for comment and the final version 
shall be made available for public perusal at the office of the PASu. 
The zoning of the protected area shall give primary consideration to cultural, 
economic, and social practices consistent with sustainable management principles by 
tenured migrants and nearby communities for an appreciable length of time unless such 
uses are deemed detrimental to biodiversity conservation and the protection of the 
natural characteristics of the protected area. 
The management plan shall be prepared in a language understandable in the 
area, plainly written, and available for perusal anytime to the general public at the PASu 
office. 
Section 9. Existing Facilities within the Protected Area.- 
Existing facilities 
allowed to remain within the protected area may be charged a reasonable fee by the 


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PAMB, which shall be embodied in a Memorandum of Agreement to be entered into 
with the owner of the facility. All incomes derived from such fees shall accrue to the 
Mimbilisan Protected Area Fund established pursuant to this Act. 
In setting the user fees on man-made facilities managed by private entities, the 
rates shall be determined by the private entity but shall be comparable to the fees 
charged for similar facilities in a protected area. For all other facilities, the user fees 
therein shall be determined in consultation with the PAMB. 
Section 10. Utilization of Non-renewable Resources.- Any exploration for and 
exploitation or utilization of non-renewable resources within the protected area shall not 
be allowed. Energy projects, renewable or otherwise, shall be permitted only through 
an Act of Congress: Provided, that exploitation of renewable energy up to three (3) 
megawatts capacity shall be exempt from such requirement. 
(A) Section 11. Prohibited Acts.- (A) The penalties prescribed for theft under 
Articles 309 and 310 of the Revised Penal Code shall be imposed upon any person 
found guilty of: 
(1) Hunting, destroying, trapping, disturbing or possessing anywhere within the 
protected area of any wild plant or animal or products derived therefrom without a 
permit from the PAMB: Provided, That such permit shall only be given for scientific 
purposes necessary to promote protected area management; 
(2) Cutting, gathering, collecting or removing timber or forest products without 
permit: Provided, That such permit shall only be given for scientific purposes necessary 
for protected area management; 
(3) Possessing outside the protected area of any wild plant or animal or 
products derived therefrom which came from the protected area; 
(4) Mineral exploration or extraction, drilling or prospecting for minerals within 
the protected area; 
(5) Constructing or maintaining any kind of road, structure, fence or enclosure 
without permit from the PAMB: Provided, That structures within ancestral domains used 
by indigenous cultural communities shall not need a permit from the PAMB; and 
(6) Altering, 
mutilating, excavating, removing, 
destroying 
or 
defacing 
boundaries, marks or signs, natural formation, burial grounds, religious sites, artifacts, 
objects belonging to indigenous cultural communities and other objects of natural and 
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scenic value or affixing marks or signs on trees. 


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(B) A fine of not less than One Hundred Thousand Pesos (P100,OOO.OO) nor 
more than Five Hundred Thousand Pesos (P500,OOO.OO) and/or imprisonment of not 
less than one (1) year and not more than five (5) yeas shall be imposed upon: 
(1) Any person or persons found guilty of grazing and/or causing livestock to 
graze or raising poultry within the protected area without a permit from the PAMB; and 
(2) Any public officer or officer of the law, who, in dereliction of the duties of his 
office, shall maliciously refrain from instituting acts necessary to prosecute the violators 
of this Act, or shall tolerate the commission of offenses herein provided. Conviction for 
this offense shall also carry the penalty of perpetual disqualification from public office. 
(C) A fine or not less than One Hundred Thousand Pesos (P100,OOO.OO) but not 
more than Five Hundred Thousand Pesos (P500,OOO.OO) 
and/or imprisonment of not 
less than one (1) year and not more than five (5) years and the restoration and 
rehabilitation of the damage shall be imposed upon any person who commits the 
following acts: 
(1) Violating any rules and regulations in the management plan or by the PAMB 
or agreements reached before the PAMB in the exercise of its adjudicative functions; 
(2) Dumping, burning or disposing of any waste products, vegetation or 
materials within the protected area to the detriment of inhabitants, plants or animals 
therein; 
(3) Use of motorized equipment without a permit except motorized vehicles 
within the national highway, provincial road, or other public thoroughfare traversing the 
park: Provided, That such thoroughfares were legally constructed; 
(4) Occupying any portion of land inside the protected area without a permit 
from the PAMB: Provided, That such occupation shall be of such a nature as to last 
more than ten (IO) days in particular portion of the protected area; and 
(5) Entering the protected area without a permit from the PAMB. 
Any person who shall induce or conspire with another person to commit any of 
the acts prohibited in this Section or cause his workers to commit any of such acts shall 
be liable in the same manner as the one actually performing the act. 
The valuation of the damage resulting from any of the acts prohibited herein shall 
take into account biodiversity and conservation consideration as well as aesthetic and 
scenic values. Conviction for any of these acts shall likewise carry the penalty of 
eviction from the protected area and forfeiture in favor of the government of 
transportation facilities, structures, building materials, equipment, devices and weapons 
used in the commission of the offense. 


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The local government unit (LGU) responsible for the arrest of a violator and the 
confiscation of materials used in the commission of the offense shall have a fifty percent 
(50%) share from the proceeds in the disposition of confiscated materials. The other 
fifty percent (50%) shall accrue to the Mimbilisan Protected Area Fund. 
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The above prohibitions shall not include activities identified in the management 
plans and such other measures as are necessary for protection, preservation and 
protected area management, which shall be undertaken by the PASu or other persons 
deputized by the PAMB. The certified customs and traditional practices of indigenous 
cultural communities are also allowable activities over which the above prohibitions shall 
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not apply. 
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Section 12. Special Prosecutors.- Within thirty (30) days from the effectivity of 
this Act, the Department of Justice (DOJ) shall designate a special prosecutor to whom 
all cases of violation of laws, rules and regulations in the protected area shall be 
assigned. Such special prosecutor shall coordinate with the PAMB and the PASu in the 
performance of hislher duties and assist in the training of wardens and rangers in 
arresting and prosecuting violators of this Act. The PAMB may appoint a special private 
prosecutor on a case-to-case basis, to assist the public prosecutor. 
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Section 13. Mimbilisan Protected Area Fund.- There is hereby established a 
trust fund to be known as the Mimbilisan Protected Area Fund for purposes of financing 
projects for the ,protected area. 
All income generated from the operation of the 
protected area or management of wild flora and fauna in the protected area shall accrue 
to the fund. 
These income shall be derived from visitors’/tourists’ fees, fees from 
permitted sale and export of flora and fauna and other resources from the protected 
areas, proceeds from registration and lease of multiple-use areas, including tourism 
concessions, contributions from industries and facilities directly benefiting from the 
protected area; and such other fees and income derived from the operation of the 
protected area. 
The fund maybe 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. 
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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, 


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and rentals of local government units facilities. Furthermore, local government units 
may charge add-ons to fees imposed by the PAMB provided that such add-ons shall be 
determined based on the contribution of the local government units in the maintenance 
and protection of the protected area. 
Sec. 14. Appropriations.- The Secretary of the Department of Environment and 
Natural Resources (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. 15. Construction.- The provisions of this Act shall be construed liberally in 
favor of the protection and rehabilitation of the Mimbilisan watershed and water 
resources and the conservation and restoration of biological diversity, taking into 
account the needs and interests of qualified tenured migrants, for present and future 
Filipino generations. The NIPAS Act shall have suppletory effect in the implementation 
of this Act. 
This Act shall not be deemed to resolve or used as basis for the resolution of any 
existing boundary conflict between the municipalities of Balingoan and Talisayan. 
Section 16. Transitory Provision.- 
In order to ensure the sustainability and 
integrity of the watershed and water resources, the recovery and restoration of 
biological diversity, and to develop sustainable livelihood opportunities for tenured 
migrants, the DENR shall henceforth cease to issue concessions, licenses, permits, 
clearances, compliance documents, or any other instrument that allows exploitation and 
utilization of resources within the protected area until the management plan shall have 
been put into effect. 
Section 17. Repealing Clause.- All laws, rules and regulations inconsistent 
herewith are modified accordingly. 
Section 18. Separability Clause.- If any part or section of this Act is declared by 
the courts as unconstitutional, such declaration shall not affect the other parts or 
sections hereof. 
Section 19. Effectivity Clause.- This Act shall take effect fifteen (15) days after 
publication in the Official Gazette or in a newspaper of general circulation readily 
available in and around the scope specified herein. It shall likewise be posted in a 
conspicuous place in the provincial, municipal and barangay halls within the area as 
well as in three (3) other places frequented by the public. 
Approved. 
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