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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
Second Regular Session

HOUSE BILLNo, _ 8338

Introduced by Representative MA. LUCILLE L. NAVA, M.D.

EXPLANATORY NOTE,

Guimaras has one protected area under the National Integrated Protected Area System
(NIPAS) as amended by Expanded National Integrated Protected Area System Act of 2018,
the Taklong Island National Marine Reserve (TINMR). Located in the Municipality of Nueva
Valencia at the southern tip of the island, TINMR covers 46 islets and the coastline barangays
of La Paz and San Roque (Presidential Proclamation No. 525 s.1990). It has an aggregate
area of approximately 1,143.45 hectares consisting of 183.0000 hectares of terrestrial area
and 960.45 hectares of brackish and marine water.

TINMR is rich in biodiversity. It prides itself with 64 species of birds, 16 species of
reptiles, 8 species of mammals, 114 species of hard corals, 17 species of soft corals, 9 species
of seagrasses and 26 species of mangroves including Rhizophora x lamarckii which can be
found only in Guimaras, Bohol and Masbate. The islets are covered with indigenous plant
species such as Molave, Magtalisay, Pandan Dagat, Kamachile, Batino, Passi, Duhat and
Pitogo. Among the mangrove forests are Bacauan spp., Avicennia spp. such as Api-api_ and
Bungalon, Pagatpat and Bantigue. Wildlife species found in the area are: Island Flying Fox,
Wester Visayas Water Monitor and bird species that include Philippine Pied Fantail,
Yellow-vented Bulbul, Olive-backed Sunbird, Pink-necked Green Pigeon, Pied Triller,
White-collared Kingfisher, Asian Glossy Starling, Buff-eared Brown Dove, Large-billed
Crow, Blue Rock Thrush, Common Emerald Dove, White-breasted Woodswallow, Philippine
Coucal, Philippine Night Jar and Black-naped Tern. Among these birds are some threathened
species such as the Philippine Megapode or Tabon Scrub Fowl which is often observed
foraging and laying eggs in Taklong and in Apugan Islands with their nesting sites sighted in
Kaliruhan. Notable also is the presence of the endemic Philippine Ducks or Anas luzonica
especially in the early morning at Suba Malawig mangrove area. The islets are also covered
with secondary growth and indigenous plant species and some planted trees and agricultural
crops by previous settlers.

TINMR was placed under protected area status by virtue of Presidential Proclamation
No. 525 signed by then President Corazon C. Aquino on February 8, 1990. Prior to its
proclamation, the area was categorized as unclassified public forest. Currently, the Protected
‘Area Management Board (PAMB), based on the National Review, proposed the Marine
Reserve to be renamed as Taklong and Tandog Group of Islands Natural Park.

ety —

MA. LUCILLE L. NAVA, MD

It is for this reason that we seek for the approval of this bill.


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
Second Regular Session

8335
HOUSE BILL NO.

Introduced by Representative MA. LUCILLE L. NAVA, M.D.

AN ACT FOR THE ESTABLISHMENT AND MANAGEMENT OF TAKLONG ISLAND
NATIONAL MARINE RESERVE IN THE MUNICIPALITY OF NUEVA VALENCIA,
PROVINCE OF GUIMARAS AS FULL COMPONENT OF THE NATIONAL
INTEGRATED PROTECTED AREAS SYSTEM (NIPAS), AS AMENDED BY
EXPANDED NATIONAL INTEGRATED PROTECTED AREA SYSTEM ACT OF 2018,
TO BE RENAMED AS TAKLONG AND TANDOG GROUP OF ISLANDS NATURAL
PARK (TTGINP) PURSUANT TO REPUBLIC ACT 11038 OR THE ENIPAS ACT OF
2018, PROVIDING FUNDS 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. Short Title. — This Act shall be known as the “Taklong and Tandog
Group of Islands Natural Park Act of 2021”.

SECTION 2. Declaration of Policy Considering the diversity of the unique
biological resources of Taklong And Tandog Group of Islands Natural Park (TTGINP) and its
aesthetic, educational, socio-cultural, economic and ecological importance of Taklong and
Tandog Group of Islands Natural Park, it is hereby declared the policy of the State to ensure
its protection and conservation including the local communities therein and their cultural way
of life in so far as they are in harmony with nature.

In so doing, the State shall ensure the full implementation of this Act, the
mobilization of resources for the institutional mechanisms herein established, and the full

scientific and technical support needed for the conservation of biodiversity and the integrity

of the ecosystems and cultural practices.


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SECTION 3. Definition of Terms. — For purposes of this Act, the following terms are

defined as follows:

(a) “Biodiversity” refers to the variety and variability among living organisms and
the ecological complexes in which said organisms occur;

(b) "Biological resources" include genetic resources, organisms or parts thereof,
population, or any other biotic component of ecosystems with actual or potential
use or value for humanity;

(©) "Bioprospecting" refers to the rescarch, collection and utilization of biological
and genetic resources for purposes of applying the knowledge derived therefrom
solely for commercial purposes;

(d) “By-products or Derivatives” refers to any part taken or substance extracted from
wildlife, in raw or in processed form. This includes stuffed animals and
herbarium specimens;

(©) "Buffer zones" are identified areas outside the boundaries of and immediately
adjacent to designated protected areas pursuant to Section 8 that need special
development control in order to avoid or minimize harm to the protected area;

(®) "Collection” or “Collecting” refers to the act of gathering or harvesting wildlife,
its by-products or derivatives;

(g) "Conservation" refers to the sustainable utilization of wildlife, and/or
maintenance, restoration and enhancement of the habitat;

(h) “Ecosystem” refers to the dynamic complex of plant, animal and microorganism
communities and their non-living environment interacting as a functional unit;

(i) "Endemic Species" refer to the species or subspecies of flora and fauna which are
naturally occurring and found only within specific areas in the country;

(i) "National Integrated Protected Area System Act" refer to an Act declaring
Protected Areas and Providing for Their Management, Amending for this Purpose
RA 7586.

(k) "Exotic Species" refer to the species or subspecies of flora and fauna which do
not naturally occur within the protected area at present or in historical time;

() "Exploitation" refers to any mode of use, extraction, development, utilization or


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disposition of resources, for whatever purpose, whether commercial or otherwise;

(m) “Exploration” refer to the searching or prospecting for mineral resources, as
defined by law, by geological, geochemical or geophysical surveys, remote
sensing, test pitting, trenching, drilling, shaft sinking, tunneling or any other
means for the purpose of determining the existence, extent, quantity and quality
thereof and the feasibility of mining them for profit;

(n) “Genetically Modified Organisms (GMOs)” refer to organisms, with the
exception of human beings, in which the genetic material has been altered in a
way that does not occur naturally by mating and/or natural combination;

(0) “Habitat” refers to a place or type of environment where species or subspecies
naturally occurs or has naturally established its population;

(p) "Hunting" refers to the collection of wild fauna for food and/or recreational
purposes with the use of weapons such as guns, bow and arrow, spear and the
like;

(@) “Management Board” refers to the Management Board of the Taklong and
Tandog Group of Islands Natural Park (TTGINP);

(®) "Management Plan" refers to the fundamental plan, strategy and/or scheme
which shall guide all activities relating to the TTGINP in order to attain the
objectives of this Act;

(8) "Mineral" refers to all naturally occurring inorganic substance in solid, gas,
liquid, or any intermediate state excluding energy materials such as coal,
petroleum, natural gas, radioactive materials, and geothermal energy;

(Q) "Multiple-Use Zone" pertains to the management zone of protected area where
traditional and/or sustainable land-use including agriculture, agro-forestry, use of
coastal resources, mariculture and other income generating or livelihood
activities may be allowed consistent with the Management Plan. It also includes
areas of high recreational ecotourism, educational or environmental awareness
values and areas with existing installations of national significance/interest such
as facilities/structures for renewable energy and telecommunication, among

others;


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(u) “National Integrated Protected Areas System (NIPAS)" is the classification and
administration of all designated protected areas to maintain essential ecological
Processes and life-support systems, to preserve genetic diversity, to ensure
sustainable use of resources found therein, and to maintain their natural
conditions to the greatest extent possible;

(») “Natural park” is a relatively large area not materially altered by human activity
where extractive resource uses are not allowed and maintained to protect
outstanding natural biodiversity and scenic areas of national or international
significance for scientific, education and recreational use;

(w) “NIPAS Act” refers to the National Integrated Protected Areas System (NIPAS)
Act of 1992 or Republic Act No. 7586, and its implementing rules and
regulations;

(x) "Non-Governmental Organization (NGO)" refers to the agency, institution,
foundation or a group of persons whose purpose is to assist people's
organizations/associations in various ways including, but not limited to,
organizing, education, training, research and/or resource accessing;

(y) “Non-renewable energy resources” refer to those natural resources within
protected areas which, if used, will be depleted and cannot be replenished in a
timescale relevant to human beings such as fossil fuels, like coal, oil, petroleum,
and natural gas;

(2) "People's Organization (PO)" refers to the group of organized communities
which may be an association, cooperative, federation, or other legal entity,
established to undertake collective action to address community concerns and
needs, and mutually share the benefits of the endeavor;

(aa) “Protected Area” refers to the identified portions of land and/or water set
aside by reasons of their unique physical and biological significance, managed to
enhance biological diversity and protected against destructive human
exploitation;

(bb) "Protected Area Management Board (PAMB)" refers to the multi-sectoral

policy-making body created in accordance with the NIPAS Act of 1992;


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(cc) “Protected Area Superintendent (PASu)” refer to the Chief Operating DENR
Officer of the protected area;

(dd) “Protected Landscape/Seascape” are areas of national significance which are
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;

(ce) "Quarrying" refers to the process of extracting, removing and disposing
quarry resources found on or underneath the surface of private or public land;

(f) “Special Uses” include activities and/or developments such as ecotourism, camp
sites, communication, transmission, scientific monitoring stations/facilities,
irrigation canals or waterways, rights of way, aquaculture, agro-forestry and
forest plantations, among others, that may be allowed in the multiple use and
buffer zones of the protected areas provided they are consistent with the IPAP or
Management Plan;

(gg) "Strict Protection Zone" pertains to the management zones of protected
areas consisting of natural areas with high biodiversity value which shall be
closed to all human activities except for scientific studies and/or ceremonial or
religious use by the indigenous cultural communities/indigenous peoples
(ICCs/IPs). It may include habitats of threatened species, or degraded areas that
have been designated for restoration and subsequent protection, even if these
areas are still in various stages of regeneration;

(bh) “Taklong and Tandog Group of Islands Natural Park Fund” shall refer to the
trust fund to be established for the purpose of financing the projects in the
TTGINP;

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

(ii) “Threatened Species” shall refer to species or subspecies considered as

critically endangered, endangered, vulnerable or other accepted categories of


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wildlife whose population is at risk of extinction; and

(kk) "Wildlife" shall refer to the wild forms and varieties of flora and fauna, in
all developmental stages, including those which are in captivity or are being bred
or propagated.

(ll) "Wildlife sanctuary" comprises an area which assures the natural conditions
necessary to protect nationally significant species, groups of species, biotic
communities or physical features of the environment where these may require
specific human manipulation for their perpetuation.

SECTION 4. Scope and Coverage The boundaries of the Taklong and Tandog

Group of Islands Natural Park, which falls under the category of Natural Park as defined
herein based on the survey conducted by the Land Evaluation Party (LEP), DENR Region 6
in CY 2011, validated by the National Mapping and Resources Information Authority
(NAMRIA) in CY 2012, within the Municipality of Nueva Valencia, in the Province of

Guimaras, are as follows:

jeginning at a point marked “1” on Forestland Boundary Map, being S 13°57°00” E]
167.1012 m. From GUIM 3061; (PRS 92 Control Point; Latitude 10°28°13.97"N, Longitude|

1122°30°2.17"E) Municipality of Nueva Valencia, Province of Guimaras.
thence S$ 45°22’41” E 87.8373 to corner 2
thence N 86°28'05” E 86.9271 to corner 3
thence S$ 54°43°48” W 32.8058 to corner 4
,thence $ 29°53714"E 78.6360 to corner 5
thence $ 41°20°30” W 34.0777, to corner 6
thence $ 15°33°21” W 202.6035 to corner 7
thence S 86°34’40” W. 224.8830 to comer 8
thence $ 15°27°21" W. 239.2172 to corner 9
thence S$ 09°46'01” W 277.8210 to comer 10
thence N 76°31°39” E 139.3321 to corner 11
,thence S 89°30°18" E 154.1477 to corner 12
sthence S 17°02°33" E 262.3641 to comer 13
thence S$ 63°04’51” W_ 218.8625 to corner 14
thence S 14°39°36" W 133.8631 to comer 15
thence S$ 54°21°02” E 102.4084 to corner 16
thence N43°18'17"E 170.2702 to corner 17
thence S 78°00°56” E 159.8163 to corner 18
thence N17°50°12"E 243.4185 to corner 19
thence S$ 73°17°02” E 118.8002 to corner 20
thence S 34°28°16” W_ 25.3430. to corner 21
thence S 61°20°02” E 85.8494 to corner 22
thence N 68°51°42” E 55.9315 to corner 23
thence S$ 15°47°51” W 51.0284 to corner 24
thence S 40°37°48" E 105.1427 to comer 25
thence S$ 03°5535” W_ 71.2803 to corner 26
thence S$ 56°23°24” W 36.0808 to corner 27
thence S 38°18"46" W 58.5622 to corner 28
thence S 08°30°56” E 95.0580 to corner 29



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thence $ 02°44715" W 245.9197 to comer 30
thence ‘$ 89°21°55” W. 182.3492 to corner 31
thence S$ 43°50°27” W_ 280.9160 to corner 32
thence SS 11°35"44” W 103.9721 to comer 33
thence S$ 15°30°23” W 100.9848 to comer 34
thence S 38°44’23" E 79.4953 to corner 35
thence S 68°22’53” E 58.8399 to corner 36
thence S$ 71°50°27° E 148.3211 to corner 37
,thence N 60°35°39" E 82.5641 to comer 38
jthence S 28°27°55"E 92.2962 to corner 39
thence S$ 33°21°15" W 221.8112 to corner 40
thence S 03°43°11"E 152.3931 to corner 41
thence S$ 11°57°719"E 119.4388 to corner 42
thence N 49°48"42” E 125.7460 to corner 43
thence N71°32'29” E 217.6314 to corner 44
sthence S 46°05'14” E 253.1644 to corner 45
thence DUE SOUTH 826.0000 to corner 46
,thence DUE NORTH 3650.0000 to corner 47
thence DUE WEST 3636.0000 to corner 48
thence S$ 89°51°28" E 2785.4300 to corner 1
[the point of beginning covering a total area of One Thousand One Hundred Forty-Three and
(566/1000 (1,143.566) hectares more or less, subject to future ground delineation.

The Department of Environment and Natural Resources (DENR) shall appropriately
mark on the ground the technical descriptions provided in this Act with clearly visible
markers and shall prepare appropriate maps thereof. Any modification in the boundaries not
previously taken into account due to such factors as changing ecological situations, new
scientific or archaeological findings, or discovery of traditional boundaries not previously
taken into account shall be made through an Act of Congress, after consultation with the
affected public and concerned government agencies.

SECTION 5. Land Classification, — All lands comprising the TTGINP shall fall under
the classification of National Park as provided for in the 1987 Philippine Constitution.

SECTION 6. Management Zones, — Based on the National Integrated Protected Areas
System (NIPAS) Act of 1992 or the Republic Act 7586 as amended by Republic Act 11038,
only two zones shall be established in a Protected Area: The Strict Protection Zone (SPZ) and
the Multiple Use Zone (MUZ). The MUZ could be further divided into sub-zones in
consonance with the management plan.

SECTION 7. Buffer Zone Buffer zone(s) surrounding the TTGINP shall be
established, when necessary, pursuant to the ENIPAS Act and its Implementing Rules and
Regulations for the purpose of providing an extra layer of protection around the area, where

restrictions can apply and communities can assist in repealing threats to the protected area.


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The establishment of the buffer zone shall follow the same manner for the establishment of
protected area as provided for in the ENIPAS Act. Such buffer zone(s) may include public or
private lands and/or municipal waters. Management prescriptions for the buffer zones shall
be included as a component of the protected area Management Plan. Rights over private
lands within established buffer zones shall be recognized and respected consistent with the
Management Plan.

SECTION 8. Management Plan.-There shall be a Management Plan promulgated for
the TTGINP pursuant to Section 9 of the ENIPAS Act and its Implementing Rules and
Regulations (DAO 2019-05) that shall serve as the basic long-term framework plan in the
management of the protected area and guide in the preparation of its annual operations plan
and budget.

Within one (1) year from the effectivity of this Act, the Protected Area Management
Plan (PAMP) shall have been put into effect following the general management planning
strategy provided for under the ENIPAS Act and according to the procedure herein set forth.

SECTION 9. Management of the Taklong and Tandog Group of Islands Natural
Park. A Protected Area Management Board (PAMB) shall be created with jurisdiction,
power and authority over the TTGINP for all matters that may affect biodiversity
conservation, protection and sustainable development. It shall be composed of

(a) _ The Regional Executive Director (RED) of DENR, Region 6 as Chairperson;

(®) The Governor of the Province of Guimaras as the co-chairperson or his duly
designated representative;

(c) The District Representative of the Congressional District where the Protected
Area is located or his/her duly designated representative, unless the District
Representative declines membership in the PAMB;

(4) The Mayor of the Municipality of Nueva Valencia in the Province of Guimaras or
his/her duly designated representative;

(©) The Punong Barangay of Barangay La Paz, Nueva Valencia, Guimaras;

( The Punong Barangay of Barangay San Roque, Nueva Valencia, Guimaras;

(@ Regional Directors of the following government agencies namely, Department of

Agriculture, National Economic and Development Authority (NEDA), Department of


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Science and Technology (DOST), Philippine National Police (PNP), and the

Department of National Defense (DND) or their duly designated representative;

(h) Three (3) representatives from either non-government organizations (NGOs) or
People’s Organization (PO) duly endorsed by the Barangay and accredited by DENR,
Municipal and Provincial Governments. The NGO or PO represented should have
been in existence for at least five (5) years and with track records in/or related to the
protected area management of the TTGINP;

() One (1) representative from an academic institution, preferably from any
University or College in the Province where the Protected Area is located, with
proven track record in/or related to Protected Area Management;

@ One representative from the private sector, preferably a resident of the province
where the Protected Area is located, who is distinguished in a profession or field of
interest relevant to the Protected Area Management.

Ex officio members or member of the PAMB by virtue of their elected or appointive
government positions as specified in the immediately preceding sub-paragraph (a), (b), (c),
(@), (e) & (f, shall serve for the duration of their respective terms of office in their respective
elective or appointive government positions.

On the other hand, the member of the PAMB specified in the subparagraphs (h), (i),
( of this section, shall be appointed by the DENR Secretary after the conduct of a
transparent and fair selection process. They shall each serve a term of three (3) years and may
be reappointed for another term.

The members of the PAMB shall serve without compensation except for the actual
and necessary travelling and subsistence expenses incurred in the performance of their duties,
either in their attendance in meetings of the PAMB or in connection with other official
business authorized through a resolution of the PAMB, subject to existing rules and
regulation. Each member shall have the full capacity and accountability for decisions binding
to the member’s sector.

The PAMB members duly appointed prior to the effectivity of this Act shall continue
their term until the expiration of their appointment. Thereafter, members of the management

board shall be appointed in accordance with the provisions of this Act: Provided That the


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Regional Director of the DENR shall ensure that the relevant members of the PAMB are duly
appointed by the DENR Secretary: Provided, that at least forty percent (40%) of the PAMB
members shall be comprised of women pursuant to Republic Act No. 9710 or the Magna
Carta of Women and its Implementing Rules and Regulations.

A member of the Management Board may be removed for any of the following

grounds:

(@) More than three (3) consecutive unexcused absences during regularly
scheduled meetings of the Management Board;

(2) Commission of acts prejudicial to the management of protected areas as
embodied in Section 20 of the ENIPAS Act or other existing rules and regulations
governing protected areas;

() _ Disassociation from the office or organization being represented;

(@ Termination of relationship with the office or organization being represented;
or

(€) Conviction by final judgment of any criminal act.

The PAMB en banc may, thru the issuance of a resolution, by a majority vote of

members present in a quorum, at a meeting for such purpose, create the following committee;

i, Technical Working Committee’s which may include the following;

. Committee on Biodiversity Conservation and Monitoring;
2. Project Development Committee;

3. Committee on Sustainable Financing;

*

Committee on Law Enforcement and Adjudication; and
5. Committee on Community Management and External Communication
& Public Information.

SECTION 10. Powers and Functions of the PAMB. ~ The PAMB of the TTGINP,
which shall decide by majority vote of the members present constituting a quorum of all the
members; Provided, a quorum shall compose the fifty percent plus one of all members. The
PAMB shall have the following powers and functions in addition to those provided under the
ENIPAS Act of 2018 and its Implementing Rules and Regulations:

(a) Oversee the management of the Protected Area;


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

(c) Approve the management plan of the protected area and ensure its
harmonization and integration with the Ancestral Domains Sustainable
Development and Protection Plan (ADSDPP), and land-use plan and other
development plan, public or private, and its implementation;

(@) Adopt a manual of operations to include rules of procedures in the conduct of

business, and the creation of committees and their respective terms of reference;

(©) Recommend the deputation of appropriate agencies and individuals for the
enforcements of the laws, rules and regulations governing the management of the
protected area;

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

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

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

(Recommend appropriate policy changes to the DENR and other government
authorities;

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

(kK) Recommend from a long and short list of qualified candidates, the designation
or appointment of the PASu;

() Assess the effectiveness of the management of the protected area, provided that
the members of the management board, representing the LGUs and national
agencies in the PAMB shall inform their respective constituents offices or sectors
of PAMB approved or other relevant rules and regulation, programs and projects
and shall ensure that the provisions of this Act and its implementing rules and

regulations are complied with and used as reference and framework in their


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respective plans, policies, programs and projects. Failure to comply with the
foregoing shall be the basis for disciplinary actions 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 Executive
Director shall ensure that the PAMB acts within its scope of its powers and
functions. In case of the conflicts between the resolution issued by the PAMB and
existing administrative orders of national publications, the latter shall prevail.

SECTION 11. The Protected Area Management Office (PAMO). - There is hereby
established a Protected Area Management Office for TTGINP, to be headed by a Protected
Area Superintendent (PASu) with a permanent plantilla position who will supervise the day
to day management, protection, and administration of the protected area. A sufficient number
of support staff with permanent plantilla position shall be appointed by the DENR to assist
the PASu in the management of the protected area.

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

(@)_ Prepare the management plan, in consultation with the stakeholders including

the annual work and financial plan and ensure its implementation;

(b) Ensure integration of the protected area management plan, programs, projects

and policies with relevant national and LGU’s plans and programs;

(©) Provide secretariat services to the PAMB and its committees and ensure the

availability of relevant and timely information for decision-making;

(@) Formulate and recommend to the PAMB proposed policies, programs, rules, and

regulations;

() Establish, operate and maintain a database management system, which shall be

an important basis for decision-making;

(Enforce the laws, rules and regulations relevant to the protected area and

institute administrative and legal actions in collaboration with other government
agencies or organizations and assist in the prosecution of offenses committed in

violation of this Act;


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(g) Monitor, evaluate and report the implementation of management activities of the
protected area;

(h) Request for and receive any technical assistance, support or advise 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 protected area;

(i) Issue permits and clearances for the activities that implement the management
plan and other permitted activities in accordance with terms, conditions, and
criteria established by the PAMB: Provided, that all permits for extraction
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;

(i) Collect or receive pertinent fees, charges, donations and other income from the
protected area: Provided that such fees, charges, donations, and other income
collected/received shall be reported regularly to the PAMB and the DENR in
accordance with existing guidelines;

(&) Prepare and recommend to the PAMB approval of the Annual Work and
Financial Plan of the protected area based on the management plan;

(Performs such other functions as the PAMB and DENR may assign.

The PAMO may be augmented by the deputized local Environment and Natural
Resources Officer upon recommendation of the PAMB and approval of the DENR.

The PAMO shall have a complement staff, supported by field officers, who shall be
performing the day to day management, protection and administration of the TTGINP.
PAMO shall be equipped with the necessary personnel component, as follows:

Technical Staff:

1 (one) Protected Area Superintendent
1 (one) Deputy Protected Area Superintendent

1 (one) Ecosystem Management Specialist I

1 (one) Marine Biologist I

1 (one) Forester I

1 (one) Tourism Officer I

1(one) Park Maintenance Foreman

2 (two) Community Development Officers/Extension Officers
I (one) Mechanical Technician


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Field Staff:

8 (cight) Park Wardens

2 (two) Boatswains/Boatman

2 (two) Boat Captain/Operators
Administrative Section:

2 (two) Administrative Aide VI
1 (one) Collecting Officer

3 (three) Utility Workers

Provided that in the appointment of all the PAMO staff, priority shall be given to
qualified residents of Nueva Valencia, Guimaras giving special priority to residents of Brgy.
San Roque and Brgy. Lapaz, Nueva Valencia: Provided, that the applicant/appointee
possesses the minimum qualifications for the positions as required by law.

Provided further, that if there are no qualified applicants from Nueva Valencia to
vacant positions, priority shall be given to other qualified applicants from other
Municipalities of Guimaras.

Upon recommendation of the PAMB, the DENR Regional Director shall deputize
local community leaders and environment and natural resources officers.

SECTION 12. Integrated Protected Area Fund of the Taklong and Tandog Group of
Islands Natural Park. — The Integrated Protected Area Fund (IPAF) shall be established as a
trust fund and shall be disbursed solely for the protection, maintenance, administration and
management of TTGINP and the System.

Income generated from the operation and management of the protected area shall

accrue to the TTGINP-IPAF. The income shall be derived from fees and charges from the use

of resources and facilities of protected area; Contributions from industries and facilities
directly benefitting from the protected area; and such other fees and income derived from the
operations of the protected area.

Based on the Implementing Rules and Regulations of the Republic Act No. 10629,
twenty-five percent (25%) of the funds collected shall be remitted to the IPAF Special
Account in the General Fund (SAGF) while seventy-five percent (75%) shall form part of
TIGINP Retention Income Account (RIA) which shall be solely disbursed for its use.

The TTGINP Retention Income Account shall likewise be exempted from being

deposited in the National Treasury and shall be made readily available for disbursement upon


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proper approval of the PAMB and the DENR, subject to the usual accounting and auditing
tules and regulations.

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

The PASu or DENR-Provincial Environment and Natural Resources Office/Regional
Office through the DENR-BMB shall submit, either in printed form or by way of electronic
document, to the Department of Budget and Management copy furnished the House
Committee on Appropriations and the Senate Committee on Finance, quarterly reports on the
financial and physical accomplishments on the utilization of said amount including the list of
projects and activities and their corresponding amounts of the TTGINP.

SECTION 13. Existing Facilities Within the Taklong and Tandog Group of Islands
Natural Park.— Within sixty (60) days from the effectivity of this Act, existing facilities such
as roads, buildings and structures, water systems, transmission lines, communication
facilities, heavy equipment, and irrigation facilities existing within the boundaries of the
TTGINP shall be inventoried and project descriptions shall be submitted to the PAMB
through the PASu.

The DENR Regional Executive Director shall submit the inventory of facilities with
corresponding descriptions and assessment report containing the appropriate
recommendations to the DENR Secretary through the BMB.

The PAMB, with the assistance of the DENR, shall determine whether the existence
of such facility including its future plans and operations will be detrimental to the TTGINP or
whether conditions for its operation shall be imposed. If any conditions, set forth by the
PAMB are violated, the owner of the facility shall be liable to pay a fine of Fifty thousand
pesos (P50,000.00) daily for every violation. Upon reaching a total fine of Five hundred

thousand pesos (P500,000.00), the PAMB through the PASu, and other deputized government


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entities, shall cause the cessation of operation, and either the forfeiture in favor of the PAMO
or demolition of the facility at the cost of its owner. If the facility found to be detrimental to
the TTGINP is government owned, the agency in charge shall submit a plan for a substitute
facility that complies to the Protected Area standards and within one year shall comply with
the provisions stipulated in the approved Protected Area Management Plan.

Existing facilities allowed to remain within the TTGINP may be charged with a
reasonable fee by the PAMB or shalll be subjected to Special Agreement on Protected Areas
(SAPA). Alll fees shall accrue to the TTGINP Fund.

SECTION 14. Renewable and Nonrenewable Resources. — Any exploration and
exploitation or utilization of non-renewable and renewable resources including mining within
the TTGINP shall not be allowed.

SECTION 15. Damages to Reef and other Coastal Resources. - Damages to the reef
and other coastal resources of TTGINP cause by oil spill and other damaging incidents as
defined in Republic Act 9483 of 2007 and ship grounding incidents within the jurisdiction of
TTGINP shall subject the responsible person or entity to the payment of administrative fines
based on the value of the damaged ecosystems and resources and to the payment of
rehabilitation and restoration cost, as may be determined by an economic valuation of the
ecosystem services of TTGINP and the Management Board.

SECTION 16. Special Prosecutor and Retained Counsel. — Within thirty (30) days
from the effectivity of this Act, the Department of Justice (DOJ) shall appoint a special
prosecutor to whom all cases of violation of laws, rules and regulations in the TTGINP shall
be assigned. Such special prosecutor shall coordinate with the PAMB and PASu in the
performance of his/her duties and assist in the training of wardens and rangers in the conduct
of arrest and criminal procedures. The PAMB may retain the services of counsel to prosecute
and/or assist in the prosecution of cases under the direct control and supervision of the
regular or special prosecutor and to defend the members of the PAMB, the PASu and the
staff, or any person assisting in the protection, conservation and sustainable development of
the TTGINP, against any legal action related to their powers, functions and responsibilities as
provided in this Act or as delegated or tasked by the PAMB.

SECTION 17. Local Government Units. — The local government units (LGUs) within


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the TTGINP shall participate in its management through representation in the PAMB as
provided under Section 9 hereof. Said LGUs may allocate appropriate portions of their funds
from the annual internal revenue allotment and other income for the use of TTGINP:
Provided, That all funds directly coming from the LGUs shall be exempted from the
twenty-five percent (25%) remittance requirement for the Integrated Protected Area Fund
Special Account in General Fund (IPAF SAGF).

SECTION 18. Prohibited Acts. — The following shall be the prohibitions and penalties
applicable to the TTGINP, in addition to the prohibited acts as provided in the ENIPAS Act
and its implementing rules and regulations:

a. The penalties and qualifications prescribed in Articles 309 and 310 of the
Revised Penal Code, depending on the value of the resources involved in connection with the
prohibited act or a fine of at least triple the value of the said resources, or both, shall be
imposed upon any person who:

(1) Poaching, killing, destroying, disturbing of any wildlife in the protected
area or inside TTGINP;

(2) Hunting, taking, collecting, or possessing of any wildlife, or by products
derived therefrom, within TTGINP without the necessary permit, authorization or
exemption: Provided, That the PASu as authorized by the PAMB shall issue a permit,
authorization or exemption only for culling, scientific research, the exceptions
provided under Section 27 (a) of Republic Act No. 9147 (Wildlife Resources,
Conservation and Protection Act) or harvest of nonprotected species in multiple-use
zones by tenured migrant;

(3) Cutting, gathering, removing or collecting timber within TTGINP,
without the necessary permit, authorization, certification of planted trees or
exemption such as for exotic species;

(4) Possessing or transporting outside TTGINP any timber, forest products,
wildlife, or by-products, derived therefrom which are ascertained to have been taken
from the protected area other than exotic species and the culling of which has an
appropriate permit;

(5) Using any fishing or harvesting gear and practices or any of their


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variations that destroy coral reefs, seagrass beds or other marine life and their
associated habitats or terrestrial habitat as may be determined by the Department of
Agriculture (DA) or the DENR: Provided, That mere possession of such gears within
TIGNINP shall be a prima facie evidence of their use;

(6) Dumping, throwing, using, or causing to be dumped into or placed in the
TIGINP of any toxic chemical (i.e. bunker oil, gasoline, crude etc.) , noxious or
poisonous substance or nonbiodegradable material, untreated sewage or animal waste
products and other hazardous substances as defined under Republic Act No. 6969,
otherwise known as the ‘Toxic Substances and Hazardous and Nuclear Waste Control
Act of 1990’ detrimental to the protected area, or to the plants and animals or
inhabitants therein;

(7) Operating any motorized conveyance within the TTGINP without permit
from the PAMB;

(8) Altering, removing, destroying or defacing boundary marks or signs
within TTGINP;

(9) Engaging in ‘kaingin’ or, in any manner, causing forest fires inside
TTGINP;

(10) Mutilating, defacing, destroying, excavating, vandalizing or, in any
manner, damaging any natural formation, religious, spiritual, historical sites, artifacts
and other objects of natural beauty, scenic value or objects of interest to the
communities;

(11) Damaging and leaving roads and trails in damaged condition;

(12) Littering or depositing refuse or debris on the ground or in bodies of
water;

(13) Possessing or using blasting caps or explosive devices anywhere within
TTGINP;

(14) Occupying or dwelling within TTGINP;

(15) Constructing, erecting, or maintaining any kind of structure, fence or
enclosures, conducting any business enterprise within TTGINP without prior

clearance from the PAMB and permit from the DENR, or conducting these activities


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in a manner that is inconsistent with the management plan duly approved by the
PAMB;

(16) Undertaking mineral exploration or extraction within TTGINP;

(17) Engaging in commercial or large-scale quarrying within TTGINP;

(18) Establishing or introducing exotic species, including Genetically
Modified Organism (GMOs) or invasive alien species within TTGINP;

(19) Conducting bioprospecting within TTGINP without prior PAMB
clearance in accordance with existing guidelines: Provided, That in addition to the
penalty herein, any commercial use of substance derived from nonpermitted
bioprospecting within the protected area will not be allowed and all revenue eamed
from illegal commercialization thereof shall be forfeited and deposited as part of the
IPAF;

(20) Prospecting, hunting or otherwise locating hidden treasures within
TTGINP;

(21) Purchasing or selling, mortgaging or leasing lands or other portions of
the TTGINP; and

(22) Constructing any permanent structure within the forty (40)-meter
easement from the high-water mark of any natural body of water or issuing a permit
for such construction pursuant to Article 51 of Presidential Decree No. 1067:
Provided, That construction for common usage wharves and shoreline protection shall

be permitted by the PAMB only after thorough EIA.

b. The fines based on the Municipal Ordinance which will be stipulated and

adopted in the Patrolling, Protection and Enforcement Plan shall be imposed upon any person

(1) Violates any rules and regulations in the management plan or by the
PAMB or agreements reached before the PAMB in the exercise of adjudicative
functions;

(2) Possesses a chainsaw, hacksaw and other mechanized equipment for

cutting of trees within the TTGINP without permit;


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(3) Tourism activities such as jet ski, speedboat, parasailing and other
related activities;

(4) Gleaning activities in non-designated areas in the TTGINP;

(5) Navigating in non-designated areas;

(©) Intrusion of commercial fishing boats and unlicensed municipal fishing
boats in the waters of TTGINP;

(1) Collection of propagules/seeds without permit/clearance from the PASu;
SECTION 19. Fines and Penalties — Violations under this Act shall be subject to the

following penalties:
(1) A fine of not less than two hundred thousand pesos (P200,000) but not more than
One million pesos (P1,000,000) or imprisonment from one (1) year but not more

than six (6) years, or both, plus damages of triple the value of the said resources,

or both, shall be imposed upon any person who violates paragraph “a”, sub-
paragraphs “1-5” of Section 18 herein;

(2) A fine of not less than Two hundred thousand pesos (P200,000) but not more than
One million (P1,000,000) or imprisonment from one year but not more than six
(6) years, or both, shall be imposed upon any person who violates paragraph “a”,
sub-paragraphs “6-14” of Section 18 herein;

(3) A fine of not less than One million pesos (P1,000,000) but not more than Five
million pesos (P5,000,000) or imprisonment from six (6) years but not more than
twelve (12) years, or both, shall be imposed upon any person who violates

paragraph “a”, sub-paragraphs “15-22”, of Section 18 herein;
(4) A fine of Fifty thousand pesos (P50,000) daily shall be imposed on the owner of
existing facilities within a protected area under Section 13 of this Act, if the
existence of the same and its future plans and operations will be detrimental to the
protected area. For every continuing violation, or if the violation continues to be
committed for thirty (30) days and upon reaching a total fine of Five hundred
thousand pesos (P500,000), the PAMB through the PASu and other deputized

government entities, shall cause the cessation of operation and either forfeit in

favor of PAMO or demolish the facility at the cost of its owner. If the facility is


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government-owned, the agency in charge shall be submit a plan for a substitute
facility that complies with the protected area standards and, within one (1) year,

execute the approved protected area management plan;

(5) Administrative fines of not less than Fifty thousand pesos (P50,000), but not

exceeding Five million (5,000,000), shall be imposed by the DENR Secretary for
the violation of any rule, regulation, or provision of any agreement reached with
the PAMB: Provided, That if an area of which has sustained damage from any
activity conducted therein requires rehabilitation or restoration as determined by
the court, the offender shall be required to restore or pay compensation for such
damages, which payment shall accrue to the IPAF;

On the basis of a court order. The DENR shall cause the eviction of an
offender from the protected area: Provided, That in cases of emergency, the
DENR Secretary may order the immediate exit or departure of the offender from
the protected area. The DENR Secretary may call on other enforcement agencies
to assist in executing the order to vacate.

‘An emergency occurs when there is demonstrated impending threat to human
life and biodiversity or to species found within the ecosystem of the protected
area.

All mineral, timber or species collected or removed from the protected area,
including all equipment, devices, conveyances, and firearms used in connection
therewith, shall be forfeited in favor of the government, and any construction or
improvement made thereon by the offender shall be subject to confiscation by the
PAMO, subject to the application of due process.

The conveyances, vessels, equipment, paraphernalia, implements, gears, tools
and similar devices used in the commission of the crime shall be dealt with in
accordance with Part 4, Rule 12 (Custody and Disposition of Seized Items,
Equipment, Paraphernalia, Conveyances and Instruments) of Administrative
Matter No. 09-6-8-SC (Rules of Procedure for Environmental Cases) issued by
the Supreme Court. However, in no case shall any confiscated or rescued

protected animal species be sold or in any manner disposed of but shall be


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immediately turned over to the PAMO for rehabilitation and release to its natural
habitat, subject to existing regulations. Valuation of the damage shall take into
account biodiversity and conservation considerations as well as aesthetic and
scenic value. The valuation and assessment by the DENR, in coordination with
other concerned agencies, shall be presumed regular, unless otherwise proven by
preponderance of evidence.

If the offender is an association or cooperation, the president or manager, who
is proven to have participated in or actual knowledge of any violation against the
provisions of this Act shall be directly liable for the act of the employees and
labors: Provided, finally, That the DENR may impose administrative fines and
penalties consistent with this Act.

Any person who shall induce another or conspire to commit any of the acts
prohibited in this Act, or force their workers to commit any of the same, shall be
liable as principal.

The penalties specified in this section shall be in addition to the penalties
provided in Republic Act No. 9072 or the ‘National Caves and Cave Resources
Management and Protection Act’, Republic Act No. 9147 or the ‘Wildlife
Resources Conservation and Protection Act’, Republic Act No. 8550 or the
Philippine Fisheries Code of 1998, as amended by RA 10654 and other related
laws.

The conviction of a public officer or officer of the law whether from the LGU
or any national government agency for any violation of the provisions of this Act
shall carry the accessory of perpetual disqualification from position.

SECTION 20. Reporting Responsibility. - The PASu, through the PAMB, shall
submit an annual accomplishment report together with the report on the conditions and
benefits of the biological resources and ecosystem services of the TTGINP to the Secretary of
DENR through the BMB on the activities undertaken in the Taklong and Tandog Group of
Islands Natural Park.

SECTION 21. Appropriations. — The Secretary of the DENR shall immediately

include in the DENR’s program the implementation of this Act, the funding of which shall be


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included by the Department of Budget and Management in the annual General
Appropriations Act (GAA).

An annual budget shall be allocated for TTGINP to cover for the operational and
maintenance expenses, professional and manual services as stipulated in Section 11 of this
law and other contingency fund.

SECTION 22. Construction and Interpretation of Existing Laws.— The provisions of
this Act shall be construed liberally in favor of the protection and rehabilitation of the
TTGINP and the conservation and restoration of its biological diversity, taking into account
the need and interest of qualified tenured migrants, vested rights and local communities and
the benefits from ecosystem services and functions of protected areas for present and future
Filipino generations. Provided, that nothing in this act shall be construed as a diminution of
local autonomy or derogation of ancestral domain rights under the Indigenous People’s
Rights Act of 1997.

The PAMB, shall within six (6) months from passage of this Act prepare its Manual
of Operations.

The ENIPAS Act shall have suppletory effect in the implementation of this Act.

SECTION 23. Transitory Provision.—In order to ensure the recovery and restoration
of biological diversity and to develop sustainable livelihood opportunities for affected
communities, 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 TTGINP until the Management Plan shall have been put
into effect.

All existing resource use permits within the Taklong and Tandog Group of Islands
Natural Park shall be reviewed and shall not be renewed upon their expiration unless
consistent with the Management Plan and approved by the PAMB.

SECTION 24. Repealing Clause. — All other laws, rules and regulations inconsistent
with this Act are hereby repealed or modified accordingly.

SECTION 25. Separability Clause. — If any part or section of this Act is declared by
the courts as unconstitutional or invalid, such declaration shall not affect the other parts or

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SECTION 26. Effectivity Clause. — This Act shall take effect fifteen (15) days after
its complete publication in the Official Gazette or in two (2) national newspaper of general

circulation.

Approved,