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

HOUSE BILL, NO. |

Introduced by Representative JAIME EDUARDO MARC D. COJUANGCO, Representative
CHRISTIAN TELL A. YAP, and Representative NOEL “BONG” N. RIVERA

EXPLANATORY NOTE

‘The protection and preservation of our environment and natural resources is paramount
so that the future generation can be assured of their right to a balanced and healthful ecology.!
It is the duty of the State to implement measures to ensure the protection and preservation of its
natural resources.

The proposed Mt. Sawtooth Protected Landscape (MSPL) has a contiguous area of Ten
Thousand Nine Hundred Sixty-Seven and 96/100 (10,967.96) hectares, covering the
Municipalities of Mayantoc and San Jose, all within the province of Tarlac

Referencing from Board Resolution No. 001 $ 2021 of the Interim Protected Area
Management Board For Mount Sawtooth of Tarlac City, Tarlac, Mount Sawtooth, considered as
the last frontier of ‘Larlac in terms of its biodiversity, is in danger of destruction and human
exploitation. Hence, to mitigate any perceived adverse event in the area, government
intervention in the proposed site is essential especially in the provision of funds for the programs
and projects related to its protection, management, maintenance, and preservation.

Henceforth, this bill seeks to declare the Mt. Sawtooth Protected Landscape as a protected
area pursuant to Republic Act 11038 otherwise known as the “Expanded National Integrated
Protected Areas System Act of 2018”.

In view of the foregoing. the immediate approval of this measure is earnestly sought.

Fas

JAIME EDUARDO MARC D. COJUANGCO

Representative
/ 1s District of ‘Larlac
CHRIS: A. YAP NOEL “BONG” IN. RIVERA
Tespfitative Representative
294 District of Tarlac 34 District of Tarlac

" Opposo v. Factoran, 224 SCRA 792 (1993)


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

wo. 2922

HOUSE BILL NO. ~'

Introduced by Representative JAIME EDUARDO MARC D. COJUANGCO, Representative
CHRISTIAN TELL A. YAP, and Representative NOEL “BONG” N. RIVERA.

AN ACT
ESTABLISHING MT. SAWTOOTH, LOCATED IN THE MUNICIPALITIES OF
MAYANTOC AND SAN JOSE, PROVINCE OF TARLAC AS A PROTECTED AREA UNDER
THE CATEGORY OF PROTECTED LANDSCAPE PURSUANT TO REPUBLIC ACT 7586 AS
AMENDED BY REPUBLIC ACT 11038, OTHERWISE KNOWN AS THE EXPANDED
NATIONAL INTEGRATED PROTECTED AREAS SYSTEM ACT OF 2018, PROVIDING
FOR ITS MANAGEMENT, FUNDS AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippine:
Section 1, Title. - This Act shall be known as the “Mt. Sawtooth Protected Landscape (MSPL)
Act of 2022.”

Section 2. Declaration of Policy. - The importance vf the Mt. Sawtooth as the host of diverse
plant and animal species with all their educational, aesthetic, cultural and religious significance,
behooves the State to undertake steps to ensure the protection and conservation of this mountain
and its associated forest, its biodiversity, and the integrity of its ecosystems and associated
cultural and religious practices.

Section 3. Scope and Coverage. - The Mt. Sawtooth Protected Landscape, including its buffer
zones, as well as its technical description shall be subject to actual ground survey and
demarcation, as fully determined by the Provincial Environment and Natural Resources Office
under Department of Environment and Natural Resources (DENR) Region Ill:

Beginning at point marked "1" being N 17-3-22 W, 16983.617 meters From BLLM no. 187 at 15°
24' 51.514" N Latitude and 120° 16' 12.398" E Longitude, Barangay Maamot, Municipality of San
Jose, Tarlac, thence;


i “LINE 7 LINE DISTANCE (M)
| |
12 315.335
| 23 313.852
34 - | 468.695
a 5 ~ ” 170.461
56 i N 85-25-37 E 308.171 |
- 6-7 881-235-535 [323.889
78 828-233 w ai 582.389 ;
8-9 i $46-1947W | "252.687 u
! 9-10 — Sseawo © 155.294
| 10-11 S11-57-6E 178.851 i
11-12 17-55-36 W 199.008 |
: 12-13 ~T ~S49-4219 E | ~~ 284.197
fase $62-16-25W 256.042
1415 ; $23-40-19 W 279.
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rc 16-17 TS 81-13-36 276.927
i 17-18 $ 41-14-34 E 477.977
18-19 $ 10-52-43 E 199823
H 19-20 i $28-20-14W 533.271 t
iz 1 ~)$68-52-45 W 165.809 SO
a ~ $2-1335W 182.117
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1 $19-12-8W | 120.903
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| i $ 17-14-43 E 311.851
| S26-38-24 W 139.275
$ 57-31-38 W ~~ 388. |
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| | |
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NOOnONa

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a S$ 46-24-24 W ; 1337315 1
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| $20-35-9E 863.48 |
SIzIZ0W 3.894
$ 87-16-25 5 420.479
S$ 53-14-54 E 512.676
S73847W 303.925 q
$ 22-28-58 F TT 498.997
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0-44-35 W 729.901 |
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[ S25849W 545.427
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$ 26-11-13 E 859.582
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N71-17-4W 4357895
a N31831 W [3952611
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| ~N 15-53-42 E ~~ 2442.453 |
I~ Nw2e01E 2918169,
L TN 28-3240 E 9656117 |

This however is subject io the final determination and/or approval of the Department of
Environment and Natural Resources.

The DENR shall likewise appropriately mark on the ground the technical description of
Mt. Sawtooth with clearly visible markers and shall prepare appropriate maps therefore.


ev oanena

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All lands comprising the MSPL shall fall under the classification of National Park as
provided for in the Philippine Constitution, subject to prior right.

Section 4. Definition of Terms. - For the purposes of this Act, the following terms shall be
defined as follows:

(a) “Biological diversity” or “biodiversity” refers to the variability among the living
organisms from aii sources including, inter alia, terrestrial, marine and other aquatic
ecosystems and the ecological complexes of which they are part; this includes diversity
within species, between species and of ecosystems;

(b) “Bioprospecting” refers to the research, collection, and utilization of biological and
genetic resources for purposes of appiying the knowiedge derived therefrom soiely for
commercial purposes;

(©) “Buffer zones” refers 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;

(a) “By-products” or “Derivatives” refers to parts taken or substances extracted from
wildlife, in raw or in processed form;

(e) “Collectin
derivatives;

refers to the act of gathering or harvesting, wildlife and its by-products or

(9 “Conveyance” refers to every kind of vessel, including motorized or non-motorized
vehicles, non-displacement crafts and seaplanes that are used or may be used as a means
of transportation on land or water. It shall include everything tound therein except
personal effects;

(g) “Delineation” refers to the actual ground survey of the boundaries of protected areas and
their buffer zones and management zones using the global positioning system (GPS) or
other applicable survey instruments and technologies, with the intention of producing, a
‘map of the area;

(h) “Demarcation” refers to the establishment of the boundaries of protected areas and their
buffer zones using visible markers, monuments, buoys in case of marine areas, and
known natural features and landmarks, among others, as a resuit of the actual ground
delineation;

(i) "Ecosystem goods and services” refers to the multitude of material and nonmaterial
provisions and benefits from healthy ecosystems necessary for human sustenance, well-
being, and survival, including support processes, provisioning and environment
regulating services, and cultural resource preservation services;

@) "Endemic species” refers to the species or subspecies of flora and fauna which are
naturally occurring and found within specific areas in the country;

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


(1) “Exploration” refers to the act of searching or prospecting for mineral resources, as
defined by iaw, 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 of resources in an area, and the
feasibility of utilizing these resources for profit;

(m) “Gear” reters to any instrument or device and its accessories utilized in taking,
catching gathering, killing, hunting, destroying, disturbing, removing, or possessing
resources within the protected area;

(n) “Genetically modified organism (GMO)" refers to any living organism that possesses a
novel combination of genetic material through the use of modern biotechnology;

(0) “Hunting” refers to the killing or catching of wild fauna for food and recreational
purposes, with the use of weapons such as guns, bow and arrow, spears, traps and snares,
and the like;

(p) “Indigenous Cultural Community (ICC)/Indigenous People (IP)’ refers to a group of
people sharing common bonds of language, customs, traditions, and other distinctive
cultural traits, and who have, since time immemorial occupied, possessed and utilized a
territory;

(q) “Integrated Protected Area Fund (IPAT)" refers to the special account established for the
purpose of financing projects of the NIPAS and individual protected areas;

(1) "Invasive alien species” refers to species introduced deliberately or unintentionally
wit naiural habiiais where iiwy have the ability iv establish theutselves, inva
outcompete native species, and take over the new environment;

(5) “Kaingin” refers to the slash-and-burn cultivation of vegetated land in a protected area,
whether occupied or not, shifting and permanent with little or no provision to prevent
soil erosion;

(t) "Multiple-use zone” refers to the area where settlement, traditional and sustainable land
use including agriculture, agroforestry, extraction activities, and income generating or
livelihood activities, may be allowed to the extent prescribed in the protected area
management plan;

(u) "National Integrated Protected Areas System (NIPAS)" refers to 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;

(v) "National park” refers to the lands of the public domain classified as such in the
Constitution which include all areas under the NIPAS pursuant to this Act, primarily
designated for the conservation of native plants and animals, their associated habitats
and cultural diversity;


ONoarOona

48

(w)“Occupying” refers to a continuous stay of individuals or groups within a protected area,
whether residing or engaging in the cultivation of land or fishing for more that twenty-
four (24) hours;

(x) "Poaching" refers to gathering, collecting, or possessing products or natural resources
from the protected area by any individual person, corporation or entity whether local or
foreign; in the case of marine protected areas, operating any foreign fishing vessels by
any person, corporation, or entity without a permit;

(y) “Protected area” refers to identified portions of land and/or water set aside by reason of
their unique physical and biological diversity and protected against destructive human
exploitation:

(2) "Protected area occupants” refers to persons who are residing, utilizing, and cultivating
areas within the protected area. These include private owners, IPs, tenured migrants and
informal settlers;

(aa) “Protected area retained income account” refers to the trust fund maintained by
any protected area and administered by the respective Protected Area Management
Boards (PAMB) created pursuant to this Act representing the seventy-five percent (75%)
of revenues generated from the protected area to support its operation and management;

(bb) “Protected landscapes” refers to areas of national significance which are
characterized by the harmonious interaction of man and land while providing
opportunities for public enjoyment through recreation, tourism, and other economic
activities;

(c) “Protected species” refers to plants or animals declared protected under
Philippine laws, rules, and regulations. These shall include all species listed under the
Convention on International ‘Trade in Endangered Species of Wild Fauna and Flora and
all its Annexes, the Convention on the Conservation of Migratory Species (CMS), those
specitied under the red-list categories ot the International Union tor Conservation of
Nature and Natural Resources, the DENR, PAMB or any government agency that may
deem it necessary for conservation and preservation in the protected area;

(dd) “Quarrying” refers to the process of extracting, removing, and disposing sand
gravel, guano, limestone, and all other resources used as building and construction
materials that are found within the protected area;

(ec) “Resource reserve” refers to an extensive, relatively isolated, and uninhabited area
which is difficult to access and is designated to protect the natural resources of the area
for future use and prevent or contain development activities that could attect the
resources, pending the establishment of sustainable resources utilization goals which are
based upon appropriate information and planning:

(f)"Special Account in the General Fund (SAGF)’ refers to the trust fund deposited in the
national treasury representing the twenty-five percent (25%) of revenues generated from
the operation of individual protected area and earmarked to support the NIPAS;



(gg) "Tenured migrants” refers 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;

(hh) "Threatened species” refers to species or subspecies considered critically
endangered, vulnerable, or other accepted categories of wildlife whose population is at
tisk ot extinction;

(ii) “Wildlife” refers to the wild forms and varieties of flora and fauna, in all developmental
stages, including those who which are in capacity or are being bred, fed, or propagated;
and

Gj) "Wildlife sanctuary” refers to an area which assures the natural conditions necessary to
protect nationally significant species, group of species, biotic communities or physical
features of the environment which may require specific human manipulations for their
perpetuation.

Section 5. Management Plan. - Within one (1) year from the effectivity of this Act, a management
plan shall have been formulated to serve as the basic long-term framework plan for the
management of the MSPL and guide in the preparation of its annual operations plan and budget.

‘The management pl num, promote the adoption and implementation
of innovative management techniques including, when necessary, zoning, buffer zone
management, habitat conservation and rehabilitation, diversity management, community
organizing and development, socioeconomic and scientific researches, site-specific policy
development, climate change adaptation and mitigation, disaster risk reduction and
maniagemeni, wasiv sewerage aud septic management, and yender and developmeni, among,
others.

‘The plan shall be harmonized with the Ancestral Domain Sustainable Development and
Protection Plan (ADSDPP) required under Republic Act No. 8371, or the "Indigenous People's
Right Act ot 1997”, the respective Comprehensive Land Use Plans (CLUPs) ot local governments
required under Republic Act No. 7160 or the “Local Government Code of 1991," and other local
plans.

Section 6. Protected Area Manageinent Board (PAMB). - Within three (3) months after the
effectivity of this Act, a PAMB shail be created for MSP’L. the PAMi shaii be composed of the
following:
{a) DENR Regional Executive Director of DENR Region IIT, as Chairperson;
(b) Governor ot larlac Province or a duly designated representative;
(©) A Senator of the Republic of the Philippines who is a duly registered resident of Region
Ul or a duly authorized representative, unless the Senator declines membership in the

PAMB;

(d) The District Representative of Tarlac Province or a duly designated representative, unless
the District Representative declines membership in the PAMB;


30

() Mayors of Mayantoc, Tarlac and San Jose, Tarlac or their duly designated
representative/s;

(f) Chairperson/s of the barangay/s covering the area of MSPL;

(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 lechnology (DOS1), the Philippine National Police (PNP), the
Department of National Defense (DND), the National Commission on Indigenous
Peoples (NCIP) and the Department of Tourism (DOT);

(h) The Provincial Planning Officer of Protected Area Management Board (PAMB) in Tarlac;

(i) Three (3) representatives from relevant non-government organizations (NGOs) or
peoples’ organizations (POs), duly accredited by both the DENR and the provincial
government. The NGO or PO represented should have been in existence for at least five
(5) vears and with track record in or related to protected area management:

(i) Atleast one (1), but not more than three (3), representatives from all the IPs/ICCs present

in the area and recognized by the National Commission on Indigenous Peoples (NCIP);
@Gne from an academic instit a
coltnge in Tarlac, with proven track record in or related to the protected area
management; and

proferably

(1) One (1) representative from the private sector, preferably a resident of Tarlac, who is
Gisiinguished in a profession or field Of inivrest relevant tv the protecied area
management.

Ex officio members or members of the PAMB by virtue of their elective or appointive
government positions as specified in the immediately preceding subparagraphs (a), (b), (c), (d),
(€), (t). (g). and (hj, shall serve tor the duration of their respective terms ot ottice in their
respective elective or appointive government positions.

On the other hand, the members of the PAMB specified under subparagraphs (i), (j) (k)
and (1) of this section shall be appointed by the DENR Secretary after the conduct of a
transparent and fair selection process. hey 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 traveling and subsistence expenses incurred in the performance of their duties, either
in their attendance in meetings of the PAMB or in connection with other otticial business
authorized through a resolution of the PAMB, subject to existing rules and regulations. Each
member shall have the full capacity and accountability for decisions binding to the member's
sector.

Members of the management board shall be appointed in accordance with the provisions
of this Act: Provided, that the Regional Executive Director of the DENR Region III shall ensure
that the relevant members of the PAMB are duly appointed by the DENR Secretary: Provided,


further, that at least forty percent (40%) of the PAMB members shall be women, pursuant to
Republic Act No. 9710 or "The Magna Carta of Women.”

A member of the PAMB may be removed for any of the following grounds:

(1) More than three (3) consecutive unexcused absences from regular meetings of the
management board;

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

(3) Disassociation from the office or organization being represented;
(4) Termination of relationship with the office or organization being represented; or
(8) Conviction by final judgment of any criminal act.

Section 7. Powers and Functions of the PAMB. - the PAMB shalt have the following powers
and functions:

(a) Oversee the management of the protected area;

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

(©) Approve the management plan of the protected area and ensure its harmonization and
integration with the ADSDPP, land use plan and other development plan public or
private, and its implementation;

(d) 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;

(e) Recommend the deputation ot appropriate agencies and individuals tor the entorcement
of the laws, rules and regulations governing the management of protected area;

(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 the 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 governing authorities;

(@ Monitor and assess the performance of the 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

() 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 policies, rules, regulations, 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 respective plans, policies, programs, and
projects. Failure to comply with the foregoing shall be 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 Executive Director, shall ensure that the PAMB acts within 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.

Section 8. The Protected Area Ms oment Office (PAMO), - Th
Protected Area Management Office (PAMO) to be headed by a Protected Area Superintendent
(PASU) with a permanent plantilla position who shall supervise the 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
proiecied area

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

(a) (a) Lead the preparation of the management plan, in consultation with the stakeholders,
including the annual work and financial plans and ensure its implementation;

(b) Ensure the integration of the protected area management plans, programs, projects, and
policies with reievant national and LGUs’ pians and programs;

(c) 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;

(e) Establish, operate, and maintain a database management system which shall be an
important basis for decision-making;

(8) Enforce the laws, rules and regulations relevant to the protected area, commence 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;

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


(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 tor the effective management, protection and
administration of MSPL;

6

Issue permits and clearances for 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 relevant authorities, subject to prior clearance
from the PAMB, through the PASu, in accordance with the specific acts to be covered;

i

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

(k) Prepare and recommend to the management plan: and
() 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
n of the PAMB and approval of the DENR.

Section 9. Integrated Protected Area Fund (LPAI), - There is hereby established a trust fund to
be known as Integrated Protected Area Fund (IPAL) for the purpose of financing the projects
and sustaining the operations of MSPL.. Income generated from the operation and management
of MSPL shall accrue ig the MSPL-PAF. The income shall be derived irom ives and Charges from
the use of resources and facilities of MSPL; contributions from industries and facilities directly
benefiting from the MSPL; and such other fees and income derived from the operation of the
MSPL.

ihe AMB shall retain seventy-five percent (75%) of all revenues raised through the
above means, which shall be deposited in 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 the MSPL and implementation of duly approved projects
ot the PAMB.

Grants, donations, and endowments from various sources, domestic or foreign, shall be
deposited in full in a special account in the National Treasury to be used for the purpose
specified in the deeds and instruments covering them

Voluntary or legislated payments for ecosystem goods and services, including fines,
penalties, and compensation for damages from MSPL offenses shall accrue fully to the PA-RIA
and shall be managed by 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 projects of
the System.


‘The use of the IPAF shall be in accordance with existing accounting, budgeting, and
auditing rules and regulations: Provided, further, that the IPAF shall not be used to cover personal
services expenditures.

The DENR shall submit to the Department of Budget and Management (DBM) and the
Department of Finance (DOF), quarterly reports on the financial and physical accomplishments
on the utilization of the IPAF and other documents as may be required by the DBM, and shall
furnish a copy of the same to the House Committee on Appropriations and the Senate
Committee on Finance.

Section 10. Tax Exemptions. - All grants, bequests and endowments, donations and
contributions made to the protected area fund to be used actually, directly, and the MSPL, shall
be exempted from donor's tax and shall be considered as allowable deduction from the gross
income of the donor for the purpose of computing the taxable income of the donor, in accordance
with the provisions of the National Internal Revenue Code of 1997, as amended.

Section 11. Special Prosecutors and Retained Counsel. - Within thirty (30) days from the
offectivity of this Act, the Department of Justice (DOJ) shall appoint special prosecutors to
prosecute violations of laws, rules and regulations in MSPL. The special prosecutors shall
coordinate with the PAMB and the PASu in the performance of duties and assist in the training
of wardens and rangers in arrest and criminal procedures. The PAMB may retain the services of
counsel to — and assist in the prosecution of cases under the direct control and
superv a all also represent and defend
the members of the SPAMB, PASu and the staff, or any DENR~ deputized individual and
volunteer, against any legal action arising from the performance of their powers, functions and
responsibilities as provided in this Act.

Section 12. Prohibited Acts. - Except as may be allowed by the nature of their categories and
pursuant to rules and regulations governing the same, the following acts are prohibited within
MSPL:

(a) Poaching, killing, destroying, disturbing of any wildlife including in private lands within
the MSPL;

(b) Hunting, taking, collecting, or possessing of any wildlife, or by-products derived
therefrom, including in private lands within MSPL without the necessary permit,
authorization or exemption: Provided, that the PASu as authorized by the PAMB shall
issue a permit, authorization or exemption only tor culling, scientitic research, the
exceptions provided under Section 27(a) of Republic Act No. 9147 (Wildlife Resources,
Conservation and Protection Act) or harvests of non-protected species in nwultiple-use
zones by tenured migrants and IPs;

(c) Cutting, gathering, removing or collecting timber within MSPL including private lands.
therein, without the necessary permit, authorization, certification of planted trees or
exemption such as for culling exotic species; except, however, when such acts are done in
accordance with the duly recognized practices of the IPs/ICCs for subsistence purposes;

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


(e) Using any harvesting tool or any variations that destroys terrestrial habitat as may be
determined by the DA or the DENR; Provided, that mere possession of such tools within
MSPL shall be prima facie evidence of their us

(f) Dumping, throwing, using, or causing to be dumped into or placed in MSPL of any toxic
chemical, noxious or poisonous substance or non-biodegradable material, untreated
sewage or animal waste or products whether in liquid, solid or gas state, including
pesticides 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 MSPL, or to the plants and animals or inhabitants therei

(g) Operating any motorized conveyance within MSPL without permit from the PAMB,
except when the use of such motorized conveyance is the only practical means of
transportation of IPs/ICCs in accessing their ancestral domain/land;

(h) Altering, removing, destroying or defacing boundary marks or signs within MSPL;

Engaging in kaingin or, inan rest fires inside MSPL;

(j) 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 IPs/ICCs;

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

(I) Littering or depositing refuse or debris on the ground or in bodies of water/river system;

(m) Possessing or using blasting caps or explosives anywhere within MSP'L;

(n) Occupying or dwelling in any public land within MSPL without clearance from the
PAMB;

(0) Constructing, erecting, or maintaining any kind of structure, tence or enclosure,
conducting any business enterprise within MSPL without prior clearance from the PAMB
and permit from the DENR, or conducting these activities in a manner that is inconsistent
with the management plan duly approved by the PAMB;

(p) Undertaking mineral exploration or extraction within MSPL;

(q) Engaging in commercial or large-scale quarrying within MSPL;

(r) Establishing or introducing, exotic species, including GMOs or invasive alien species
within MSPL;

(s) Conducting bioprospecting within MSPL without prior PAMB clearance in accordance
with existing guidelines: Provided, that in addition to the penalty provided herein, any
commercial use of any substance derived from non-permitted bioprospecting within a
protected area will not be allowed and all revenue earned from illegal commercialization
thereof shall be forfeited and deposited as part of the IPAF;

(t) Prospecting, hunting or otherwise locating hidden treasure within MSPL;


23

(u) Purchasing or selling, mortgaging or leasing lands or other portions of MSPL which are
covered by any tenurial instrument; and

(v) Constructing any permanent structure within the forty (40)-meter easement from any
natural body of water (river) or issuing, a permit for such construction pursuant to Article
51 of Presidential Decree No. 1067.

Section 13. Penalties. - Violation under this Act shall be subject to the following penalties:

{a) A fine of not less than Two hundred thousand pesos (Php 200,000) but not more than one
million pesos (Php 1,000,000) 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 paragraphs (a) to (e) of Section 20 of the NIPAS
Act as amended;

(b) A fine of not less than Two hundred thousand pesos (Php 200,000) but not more than One
million pesos (Php 1,000,000) or imprisonment from one (1) year but not more than six
(6) years, or both, shall be imposed upon any person who violates paragraphs (f) to (p) of
Section 20 of the NIPAS Act as amended;

(©) A fine of Fifty thousand pesos (Php 50,000) daily shall be imposed on the owner of
existing facilities within a protected area under Section 24 of this Act, if the existence of
the same and its future plans and operations will be detrimental to MSPL. For every
continuing violation, or if the violation continues to be committed for thirty (30) days and
upon reaching a total tine ot Five hundred thousand pesos (P’hp 500,000), the PAMB
through the PASu and other deputized government entities, shall cause the cessation of
operation and either forfeit in favor of the PAMO or demolish the facility at the cost of its
owner, If the facility is government-owned, the agency in change shall 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;

(d) Administrative fines of not less Fifty thousand pesos (Php 50,000), but not exceeding Five
million pesos (Php 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 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 damage, which payment shall accrue to the [PAF.

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

ney occurs when there is a demonstrated impending threat to human life and
biodiversity or to species found within the ecosystem of the MSPL.

All minerals, timber or species collected or removed from the MSPL, including all
equipment, devices, conveyances, and firearms used in connection therewith, shall be forfeited


eryaanren

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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 conveyance, equipment, paraphernalia, implements, 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, Conveyance and Instruments) of
Administrative Matter No. 09-6-8-SC (Rules of Procedures 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 immediately turned over to the PAMO
for rehabilitation and release to its natural habitat, subject to existing regulations. Valuation of
the damages 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 government agencies, shall be presumed regular, unless otherwise proven by
the preponderance of evidence.

If the offender is an association or corporation, the president or manager, who is proven
ns of this

to ns

Act shall be directly liable for the act of the employees Sand laborers: 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
be liable as principal.

this Aci, or force their workers io couunii any of the saute, of

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” and other related laws.

The conviction of a public 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
penalty of perpetual disqualification from public office.

Section 14. Existing Rights. - All property and private rights within the MSPL and its buffer
zones already existing and/or vested upon the effectivity of this Act shall be protected and
respected in accordance with existing laws: Provided, that the exercise of such proper
and private rights shall be harmonized, as far as practicable, with the provisions of this Act.
Notwithstanding this Act, all existing rights, contracts, or agreements entered into by
government for utilization of natural resources within MSPL shall continue to be recognized
and governed by Philippine laws.

The renewal of permits. contracts, and agreements shall be subject to the provisions of
this Act. If the permits, contracts, agreements are not renewed, such areas shall be rehabilitated
or restored by the permit holders within the period provided by the pertinent laws and shall
revert to the national parks classification. As such, all holders of permits, contracts, and
agreements are required to prepare and submit a rehabilitation plan to the PAMB: Provided,

proponent

ased to the depository bank in the event of damage by a closure of the establishment after
satisfactory rehabilitation according to the zones and objectives of the management plan as
attested to by the PAMB.

15


evonsena

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‘The occupation of the LGUs and communities within the MSPL shall be respected. Within
ninety (90) days after the creation of the PAMB, the Board shall assess the physical occupation
ot said LGUs and communities within MSPL and recommend to authorities measures to ensure
the protection of their well-being, Municipalities with existing townships and town centers
within the MSPL shall continue to occupy such townships and town centers: Provided, that in
the development of their CLUPs and barangay development plans, due consideration shall be
given to the intended use for conservation and biodiversity as well as the objectives for MSPI.
to keep human habitation and environmental conservation in harmony.

Section 15. Tenured Migrants and Other MSPL Occupants. —'Tenured migrants shall be eligible
to become stewards of portions of lands within multiple-use zones. The PAMB shall identify,
verify and review all tenurial instruments, land claims, issuances of permits for resource use
within the MSPL and recommend the issuance of the appropriate tenure instrument consistent
with the zoning provided in the management plan and the provisions of this Act.

Should areas occupied by tenured migrants be designated as zones in which no
want to the att
development, the provision for te townie of the tenured migrants to multiple-use zones or
buffer zones shall be accomplished through just and humane means: Provided, that MSPI.
occupants who are not qualified as tenured migrants shall be resettled outside the MSPL.

The rights of ie ienued migranis may be Lansferred only iv ihe spouse of une of Ueit
direct descendants listed at the time of the survey. In the event of termination of a tenurial
instrument for cause or by voluntary surrender of rights, the PASu shall take immediate steps
to rehabilitate the area.

Following the protected area occupants survey required under Section 5(C)(1) of NIPAS
Act as amended, the DENR Regional Executive Director shall submit to the Biodiversity
Management Bureau (BMB) within two (2) years from the passage of this Act, the final list of
tenured migrants, which shall be the basis for tenured migrants recognition and issuance of
tenurial instruments. Within the two (2)-year period, the DENR Regional Executive Director
shall submit accomplishment report every six (6) months.

‘The DENR through the BMB shall issue guidelines for the determination of the reckoning
period for the recognition of the tenured migrants.

Section 16. Existing Facilities Within the MSPL. - Within sixty (60) days from the effectivity of
this Act, an inventory of all existing facilities such as roads, buildings and structures, water
systems, transmission lines, communication facilities, heavy equipment, and irrigation facilities,
among others, within MSPL shall be conducted.

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

DENE

The PAMB, with the f th mpo!
operation of a facility found to be detrimental to the MSPL until its eventual relocation. If the
conditions are violated, the owner of the facility shall be made liable pursuant to Section 21 (d)
of the NIPAS Act, as amended.

16


Existing facilities allowed to remain within the MSPL shall be charged a reasonable fee
by the PAMB based on existing guidelines. Structures found within the forty (40)-meter
casement shall be demolished unless proven necessary to protect the river and mitigate habitat
destruction. The PAMB shall levy a reasonable fee for the use of such easement for their
continued operations.

Section 17. Special Uses Within Protected Area. - Consistent with Section 2 hereof, special uses
may be aiiowed within MSIL except in strict protection zones. the VAMis may recommend the
issuance of tenurial instrument subject to compliance to ECC and payment of corresponding
user fee equivalent to five percent (5%) of the zonal value of commercial land within the nearest
barangay or municipality where the project is located multiplied by the area of development
plus one percent (1%) value of improvement as premium: Provided, that the activity shall not
be detrimental to ecosystem tunctions and biodiversity, and cultural practices and traditions.

A sufficient bond shall be remitted by the proponent to the DENR to be released to the
depository bank in the event of damage by or closure of the establishment after the satisfactory
rehabilitation according to the zones and objectives of the management plan as attested by the
PAMB.

Section 18. Local Governinent Units (LGUS). - The LGUs within MSPL shall participate in its
management through representation in the PAMB as provided for in this law. Said LGUs may
appropriate portions of their share from the annual internal revenue allotment and other income
for use of the MSPL: Provided, that all funds directly coming from the LGUs shalt be exempted
from the twenty-five percent (25%) remittance requirement for the IPAF under Section 16 of the
NIPAS Act, as amended.

‘The LGUs shall continue t d collect other fees not enumerated under Section
16 of the NIPAS Act, as amended which they have traditionally collected, such as business
permits and rentals of LGU facilities: Provided, that the LGUs shall not impose property tax on
properties owned by the government nor issue any tax declarations for areas covered by the
protected area. Furthermore, LGUs may charge add-ons to fees imposed by the PAMB: Provided,
that such add-ons shall be based on the contribution vf te LGUs in the mainienane and
protection of MSPL.

LGUs with territory inside MSPL shall align their CLUPs, local development plans,
disaster risk reduction management plans and other required plans according to the objectives
specitied herein and in the protected area management plans, Within six (6) months trom the
approval of the protected area management plan, the PAMB and the PASu shall collaborate with
the LGU concerned in the formulation of the CLUP and other local plans and in the enforcement
thereof. The concerned LGU official shall be held administratively and criminally liable for
failure to enforce and/or implement the provisions of this Act

Section 19. Reporting Responsibility. - The PASu, through the PAMB, shall submit an annual
accomplishment report of MSPL to the Secretary of DENR through the BMB. A report on the
conditions and benefits of the biological resources and ecosystem services of MSPL shall also be
submitted by the PASu, through channels, to the Secretary of the DENR every five (5) years.
Consequently, the BMB shall include MSPL in its National State of Protected Areas (NSPAs)
report every five (5) years and shall submit the same to the President, the Senate and the House
of Representatives.


Section 20. Appropriations. - The Secretary of the DENR shall immediately include in the
DENR's program the implementation of Mt. Sawtooth Protected Landscape (MSPL) Act, the
tunding of which shall be included in the annual General Appropriations Act of the DENR.

Section 21. Construction and Interpretation. - The provisions of this Act shall be construed
liberally in favor of the protection and rehabilitation of MSPL and the conservation and
restoration of biological diversity taking into account the needs and interests of qualified
tenured migrants, vested rights, I’s and local communities, and the benetits trom ecosystem
services and functions of MSPL, for present and future generations: Provided, that nothing in
this Act shall be construed as a diminution of local autonomy or in derogation of ancestral
domain rights under the Indigenous Peoples’ Rights Act of 1997.

Section 22. Joint Congressional Oversight Committee. - To monitor and oversee the
implementation of this Act, a Joint Congressional Oversight Committee is hereby created. It shall
be composed of the Chairpersons of the Senate Committee on Environment and Natural
Resources and the House Committee on Natural Resources as Chairperson and Co-chairperson,
respectively. and five (5) members each from the Senate and the House of Representatives as
members: Provided, that two (2) of the five (5) members are nominated by the respective
minority leaders of the Senate and the House of Representatives.

Section 23. Implementing Rules and Regulations (IRR). ee six (6) months from the
4 ! Act

eff the DENR shal! proparo the IRR of

ry of thi:
3

Section 24, Transitory Provision. - In order to enhance biological diversity and to develop
sustainable livelihood opportunities for tenure migrants, the DENR shall henceforth cease to
issue concessions, licenses, permits, clearances, compliance documents or other instruments that

allow utilization of resources within the MSPL until the management plan shail have been put
into effect.

All existing land use and resource use permits issued for purposes which are authorized
within the MSPL shall be reviewed and shall not be renewed upon their expiration unless
consistent with the management plan and approved by the PAMB.

Section 25. Separability Clause. - If any provision of this Act is declared unconstitutional or
invalid, other parts or provisions hereof not affected thereby shall continue to be in full force
and effect.

Section 26. Repealing Clause. - All laws, decrees, executive orders, rules and regulations or parts
thereof which are contrary to or inconsistent with this Act are hereby repealed, amended or
modified accordingly.

Section 27. Effectivity Clause, This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in two (2) newspapers of general circulation.