HOUSE OF REPRESENTATIIES
Republic of the Philippines RECEIVED
HOUSE OF REPRESENTATIV! pe 1 AUG 2016
Quezon City Sana
aive:___|bDaam

SEVENTEENTH CONGRES: BY:
First Regular Session

RESSTRATION UNIT

. 2149
House Bill No. BILLS AND IN SERVICE

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

EXPLANATORY NOTE

This bill seeks to conserve and protect the physical and biological diversity of Mt.
Mayapay thru its declaration as a protected landscape. Mt. Mayapay is a prominent natural
landmark in the Caraga Region. It is a magnificent mountain located east of Butuan City,
probably the range’s highest peak with an elevation of 2,214 feet above sea level, with a
plateau formation that is the predominant feature of the city’s backdrop. The mountain
provides a panoramic view of the City of Butuan, and the surrounding areas of the Provinces
of Agusan del Norte and Agusan del Sur, the City of Gingoog, the Butuan Bay, the
Mindanao Sea, the Camiguin Island, the coastlines of the Provinces of Surigao del Norte and
Bohol.

Mt. Mayapay, along with its peripheral areas, was a vital watershed in the environs of
Butuan City and the Municipality of Buenavista, Agusan del Norte until it was abused by
loggers and poachers. At present, the ecosystem of Mt.Mayapay has been invaded, assaulted
and is now highly endangered, threatening to extinction whatever few remaining endemic
flora and fauna thrive in the area, Moreover, experts have expressed alarm that if nothing is
done to arrest its continuous degradation, landslides that may claim thousands of lives are not
remote possibilities given the fact that the mountain lies along the fault line.

This bill ensures that the proper consultation of the stakeholders including the
Indigenous Peoples (IP) shall be conducted in the protection, rehabilitation and conservation
of Mt. Mayapay. The provisions of the IPRA Law shall be upheld and warrants that the
rights of IPs concerned shall be protected and respected.

The people of City of Butuan and the Province of Agusan del Norte have come
together and strongly voiced their concerns on the sad state of Mt. Mayapay and the real
threat of a forthcoming destruction of lives and properties should its devastation continue.
Various sectors have taken initiatives calling for the protection and conservation of this
glorious mountain, However, activities contributing to its further deterioration have
continued due to the lack of a law that ensures its protection, rehabilitation and conservation.

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



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No, ©4149

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

AN ACT
DECLARING THE MT, MAYAPAY IN THE CITY OF BUTUAN AND THE
MUNICIPALITY OF BUENAVISTA, AGUSAN DEL NORTE, AS A PROTECT
AREA UNDER THE CATEGORY OF PROTECTED LANDSCAPE, PROVIDING
FOR ITS MANAGEMENT AND FOR OTHER PURPOSES

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

CHAPTER I

POLI AND OBJECTIVES

SECTION I. Title. This act shall be known as the Mt. Mayapay Protected Landscape
(MMPL) Act

SECTION 2. Declaration of Policy. In recognition of the richness of the biological
resources, both flora and fauna, found in and unique to Mt. Mayapay, as well as the
mountain’s aesthetic and ecological importance, it is hereby declared the policy of the State
to ensure the conservation, protection and management of Mt. Mayapay, its environment, the
communities therein, their culture and way of life.

The conservation and protection of biological and physical diversities to sustain
human, plant and animal life in Mt. Mayapay shall be pursued through sustainable and
participatory management among the national government, through the Department
Environment and Natural Resources (DENR), the local government units (LGUs),
nongovernmental organizations (NGOs), people’s organizations (POs), indigenous peoples
(IPs) and other stakeholders in the area

SECTION 3. Declaration as Protected Area. — In accordance with Republic Act
No. 7586 or the National Integrated Protected Areas System Act of 1992 (NIPAS Act), Mt
vapay is hereby declared a protected area under the category of a landscape protected

SECTION 4. Scope and Coverage. Subject to the provisions of the Presidential
Proclamation issued by President Manuel L. Quezon declaring a Military Reservation
Consisting of TWO IOUSAND ONE HUNDRED THIRTY-NINE (2,139)
TARES, more or less in the area, the Mt. Mayapay Protected Landscape shall cover
parcels of land located in the City of Butuan and the Municipality of Buenavista in the
Province of Agusan del Norte, which contains an aggregate area of FIFTEEN THOUSAND



28 FIVE HUNDRED TWENTY-EIGHT (15,528) hectares and a core protected zone area of
29 EIGHT THOUSAND FOUR HUNDRED FIFTY SIX (8,456) HECTARES, more or less.

30 Beginning at a point marked “1” on the map, which is located in the Province of
31 Agusan Del Norte at 08° 48° 16.27" N, 126° 34° 14,93” E, thus:

thence N 81 ° 4196 ' W , 2,829.99 m topoint 2 |
thence N 32 * 4242 ' W , 15752 m topoim 3 ;
thence N 83° 733° ' W , 71121  m  topoim 4 |
thence N 87 ° 4975 ' W | 63688 m topoim $ ;
thence N 34 ° 496 ' W | 26945 m topoim 6 ;
thence N 58 ° 3599 | W | 36389  m topoim 7 }
thence S 46 ° 4420 ' W | 21630 m topoim 8 ;
thence S 56° 1271 ' W , 30353 m topoim 9  ;
thence N 59° 2927 ' W | 12649  m topoim 10 ;
thence S50 ° 1104 ' W . 17771 mm topoint 1

thence N 53° 075° ' W , 28492  m  topoint 12

thence N 46 © 25.25 | W , 12831  m  topoint 13 ;
thence N 82° 1398 ' W . 18492 m topoint 14 ;
thence S 37 ° 3839 ' W | 42296  m  topoint 1S;
thence S$ 72 ° 30.98 ' W . 32442 m  topoint 16 :
thence S35 9 484 ' W | 8423 m topoim 17 ;
thence N 72° 1747 ' W . 347882 m topoint 18;
thence N 59 ° 919 '! W | 133867 m topoint 19 ;
thence N 67 ° 2604 ' W | 2113646 m topoint 20 ;
thence S 61 ° 2807 ' W , 276381 m  topoint 21;
thence S 84 ° 744 | W | 3,00467 m topoim 22 ;
thence N 39 ° 33.93 | W , 2,971.66 m  topoin 23 ;
thence N 29 ° 155 ' W , 11959 m topoint 24 ;
thence N 37 ° 4165 ' E , 177.89 m topoint 25);
thence N 26 ° 33.90 ' W , 128.76 m  topoint 26 ;
thence S 61 ° 1560 ' W | 22621 m  topoint 27 :
thence S$ 76 ° 4208 ' W | 361.60  m  topoint 28 ;
thence N14 ° 4111 ' € | 95908 mm topoint 29 |
thence S$ 85° 3091 ' E , 32731  m  topoint 30 ;
thence S 7 ° 5661 ' E , 277.79  m  topoint 31;
thence N 83° 009 ' E | $7266 m topoint 32 ;
thence S$ 83 ° $433 ' E , 2,235.93 m  topoint 33 ;
thence N 3  ° 4980 ' E , 48072 m topoim 34 ;
thence N 53° 2664 ' E , 47397 m  topoint 35 |
thence N 56 ° 3719 ' E , 406.84 m topoint 36;
thence N 35 ° 25.17 ' EB , 607.43 m  topoint 37) 5
thence N 62 ° 4819 ' E , 737.84 m topoint 38;
thence N 11 ° 638 ' W , 364.65 m topoint 39 |
thence N 21 ° 439 ' E | 21791 m topoim 40 ;
thence N 47 ° 1252 1 E | 34137 m  topoint 41;
thence N 12 ° 3605 ' W , 22451  m  topoint 42;
thence N 21 ° 5376 ' E | 32726 m topoim 43 ;
thence S 79 ° 3648 ' E | 20848 m topoim 44 ;
thence N 43 ° 30.11 ' E , 20800 m topoim 45;
thence N 29 ° 47.78 ' EB , 152.18 m  topoint 46;
thence N 76 ° 3096 ' W 166.29 m  topoint 47);
thence N 84 © 5799 ' W | 22772  m  topoint 48 ;
thence N 75 ° 1473 ' W , 33448 =m topoint 49;
thence N 21 ° 2955 ' W , 345.16  m topoint SO ;
thence N 38 ° 40.08 ' W | 42674  m  topoint 51

thence N 37 ° 3.90 ' W , 29267 m topoim 52;
thence N 62 ° $451 ' E , 21363  m topoint 53;
thence N 47 ° 4632 ' EB , 24510  m  topoint 54;
thence N 13 ° 14.63 | E , 33836  m  topoint 35 5
thence NS  ° 3792 ' E , 30807 m  topoint 36;
thence N 7 ° 4110 ' W , 344.26  m  topoint 57

thence N 42 ° 39.38 ' W , 354.29 om topoint 38;
thence N Il ° 1925 ' EB , 309.94 m_  topoit S59 ;
thence N 11 ° 1626 ' E , 311.24 m  topoint 60 ;
thence N 67 ° 47.99 ' W , 309.25 m topoint 61
thence S 80 ° 1874 ' W | 31044  m  topoint 62 ;
thence S 54 ° 068 | W , 271.53 m  topoint 63 ;
thence S$ 36 ° 23.62 ' W , 204.98 m  topoint 64


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377.42
339.22
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136
137
138
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140
141
142
143
144
145
146
147
148
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152
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156
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160
161
162
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164
165
166
167
168
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174
175
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thence $ 66 ° 5832 ' W , 613.94 m topoim 272 ;
thence S 6 ° 399 ' E | 21384  m topoim 273 ;
thence S 36 ° 2347 ' E | 22568 m  topoint 274 ;
thence S$ 9 ° 3204 ' E | 23078 m topoint 275;
thence S 14 ° 56.94 | E , 226.03 m topoint 276 ;
thence S 1 ° 40.10 ' E | 21296 m  topoint 277 +
thence S 6 ° 3368 ' W , 260.86 m  topoint 278 +
thence S 37 ° 973 ' E | 26868 m  topoint 279
thence S14 * 3129 ' W , 280.11 mm  topoint 280 5
thence N 89 ° 2190 ' E | 26408 m  topoint 281
thence S$ 0 ° 3837 ' E . 250.99 m  topoint 282 ;
thence S 4 ° 3389 ' W , 36799  m topoim 283

thence S$ 36 ° 1394 ' W | 39449  m  topoim 284 ;
thence S$ 0 ° 478 ' E | 240.80 m  topoin 285 ;
thence S38 ° 36.18 ' W , 18498 — m to point of beginning

Any modification of the coverage of this Act due to such factors as changing
ecological situations or new scientific or archeological findings 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 Mt. Mayapay
Protected Landscape (MMPL) shall fall under the classification of a National Park as
provided in the Philippine Constitution

SECTION 6. Establishment of Buffer Zones. - Buffer zones are hereby
established along and adjacent to the peripheral boundaries to serve as protective layer to the
area and its resources, The buffer zones shall also serve as a social fence against the entry of
intruders that bring destruction or conduct activities detrimental to the park. Prescriptions for
the management of buffer zones shall be included as components of the protected area
management plan. The Department of Environment and Natural Resources shall exercise the
same authority over buffer zones in the same manner as protected areas: Provided, however,
that there shall be consultation with the affected communities.

The buffer zones shall be established by the DENR, in consultation with the affected
communities after conducting a thorough study on their implications to the development of
the park and the surrounding communities.

SECTION 7. Definition of Terms. The following terms are hereby defined for the

purposes of this Act:

a. Biodiversity ~ shall refer to the variety and variability among living things, and
the interconnectedness of all life forms in a particular environment;

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

c. Bioprospecting - means the research, collection and utilization of biological and
genetic resources for purposes of applying the knowledge derived therefrom
solely for commercial purposes;

d. Buffer zones — shall refer to areas that are outside the boundaries of and are
immediately adjacent to designated protected areas, pursuant to Section 5 hereof,
that need special development control in order to avoid or minimize
encroachment and harm to the protected area;

e. By-products or Derivatives means any part taken or substance extracted from
wildlife, in raw or in processed form. This includes stuffed animals and
herbarium specimens;

£ Collection or collecting prefers to the act of gathering or harvesting wildlife,
by-products or derivatives;



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m.

onservation ~ shall refer to any act or acts of preservation and sustainable
utilization of wildlife and/or maintenance, restoration and enhancement of the
habitat;

DENR ~ shall refer to the Department of Environment and Natural Resources, a
national government agency created under Executive Order 192 with jurisdiction
over forestlands and protected areas;

Ecosystem ~ means the dynamic complex of plant, animal and micro-organism
communities and their non-living environment interacting as a functional unit;
Endangered Species ~ refer to species or subspecies that are not critically
endangered but whose survival in the wild is unlikely if the causal factors
continue operating:

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

Habitat — means a place or type of environment where species or subspecies
naturally occurs or has naturally established its population;

Hunting ~ refers to collection of wild fauna for food and/or recreational purposes
and/or recreational purposes with the use of weapons such as guns, bow and
arrow, appear and the like;

Indigenous Cultural Communities/Indigenous Peoples — shall refer to a group of
people or homogenous societies identified by self-ascription and ascription by
others, who have continuously lived as organized community on communally
bounded and defined territory, and who have, under claims of ownership since
time immemorial, occupied, possessed and utilized such territories, sharing
common bonds of language, customs, traditions and other distinctive cultural
traits, or who have, through resistance to political, social and cultural inroads of
colonization, non-indigenous religions and cultures, became historically
differentiated from the majority of Filipinos. ICCs/IPs shall likewise include
peoples who are regarded as indigenous on account of their descent from the
populations which inhabited the country, at the time of conquest or colonization,
or at the time of inroads of non-indigenous religions and cultures, or the
establishment of present state boundaries, who retain some or all of their own
social, economic, cultural and political institutions, but who may have been
displaced from their traditional domains or who may have resettled outside their
ancestral domains;

Management Board ~ refers to the Management Board of the Mt. Mayapay
Protected Landscape;

Management Plan ~ refers to the fundamental plan, strategy and/or scheme which
shall guide all activities relating to the MMPL in order to attain the objectives of
this Act;

MMPL ~ refers to the Mt. Mayapay Protected Landscape;

MMPL Fund — refers to the revolving fund to be established for the purpose of
financing projects in the MMPL;

Mineral ~ refers to all naturally occurring inorganic substance in solid, gas, liqui
or nay intermediate state including energy materials such as coal, petroleum,
natural gas, radioactive materials and geothermal energ’
Multiple Use Zone — refers to an area where settlement, traditional and/or
sustainable land use, including agriculture, agro-forestry, extraction activities and
other income generating or livelihood activities, may be allowed to the extent
prescribed in the management plan;

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;

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;



w. National Park — refers to the land of the public domain classified as such in the
1987 Constitution which includes all areas under the National Integrated protected
Areas System (NIPAS) pursuant to Republic Act No. 7586 primarily designated
for the conservation of native plants and animals, their associated habitants and
cultural diversity;

x. Nongovernmental Organization (NGO) - shall refer to any nongovernmental
organization or any civic, developmental, environmental or philanthropic non-
stock, non-profit organization

y. People’s Organization (PO) — refers to a group of organized migrant communities
and/or interested indigenous people 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.

z. Protected Area ~ refers to 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

aa, Protected Area Management Board (PAMB) - shall refer a governing body
created for each protected area pursuant to the NIPAS Act, and tasked to oversee
all activities inside the protected area and its buffer zone.

bb. Protected Area Superintendent (PASU) — refers to the chief operating officer of
the DENR who is directly responsible to the PAMB and the concerned DENR
Regional Executive Director.

ce. Protected Landscape — refers to an area of national significance, which is
characterized by the harmonious interaction of man and land while providing
opportunities for public enjoyment through recreation and tourism within the
normal lifestyle and economic activity of the area.

dd. Quarrying - means the process of extracting, removing and disposing of quarry
resources found on or underneath the surface of private or public land.

ee. Special Use Zone - refers to an area containing exisiting installations of national

ignificance, such as telecommunications facilities, irrigation canals or electric
power lines,

ff. Strict Protection Zone ~ refers to a natural area with high biodiversity value
which shall be closed to all human activity except for scientific studies and/or
ceremonial or religious sue by the indigneous cultural communities/indigenous
peoples; may include habitats of threatened species, or degraded areas that have
been designated for resotration and subsequent protection, even if these areas are
still in various stages of regeneration,

gg. Tenured Migrants ~ refer to forest occupants who have actually and continously
occupied a portion of the protected area for at least five (5) years, and are solely
dependent therein for subsistence, as of the passage of this Act. A protected area
occupant is understood to be “solely dependent for subsistence” when everything
indispensable for survival for the household, including food, clothing, shelter and
health, comes only from utization of resources from the protected Area.

hh, Wildlife ~ means wild forms and varieties of flora and fuana, in all devleopmental
stages, including those which are in captivity or are being bred or propagated,

CHAPTER II
PROTECTED AREA MANAGEMENT

SECTION 8. Management Plan. - There shall be a Management Plan promulgated
for the MMPL 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 Management Plan shall have
be put into effect following the general management planning strategy provided for under the
NIPAS Act and according to the procedure herein set forth. It shall contain, among others,
the following:

(a) The category of the protected area;



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(b) Period of applicability of the plan;

(c) Key management issues;

(d) Goals and objectives of management in support of Section 2 hereof

(e) Site management strategy;

() Major management activities such as, but not limited to, enforcement of laws.
habitat and wildlife management, sustainable-use management, infrastructure
development and maintenance, and fire and pest control;

(g) Zoning; and

(h) Visitor management programs.

‘The Management Plan shall be prepared by the Protected Area Superintendent
(PASu) in coordination with the appropriate officers of the department, local communities
and the NGOs. It shall be reviewed and approved by the PAMB and certified by the
Secretary of the Department. Such certification shall be mandatory to ensure that the plan
conforms to all laws and the applicable rules and regulations issued by the Department:
Provided, however, that the Secretary may revise and modify the protection and
conservation plan, after consultation with the PAMB, prior to certification to ensure
conformity with applicable laws, rules and regulations.

A year before the expiration of the period of the applicabiltiy of the plan in effect, the
PASu shall cause publication of notices for comments and suggestions on the successor plan
in a newspaper of general circulation in the concerned city and municipal governmen units.
Notices shall also be posted in the respective provincial, city and municipal halls of the
concerned provinces, cities and municipalities as well as in the barangay halls bounding or
immediately adjacent to the protected landscape. ‘The proposed plan shall be made available
to the public during the period for comment and a final plan shall likewise be made available
for public perusal of the office of the PASu upon the approval of the PAMB: Provided, That
the plans shall be plainly written in a language understandble in the area.

SECTION 9. The Protected Area Management Board
A. The PAMB shall be the highest policy making body of the MMPL. It shall be
composed of the following
1. The Regional Executive Director of DENR Region XIII who shall sit as PAMB
chairperson;
2. The Provincial Governor of Agus:
representative;
3. The Mayor of Butuan City or his duly authorized representative;
4, The Mayor of the Municipality of Buenavista, Agusan del Norte, or his duly
authorized representative;
5. A representative from among the Barangay Captains of each of the barangays
within the protected area:
6. Two (2) members from the Academe appointed by the Secretary;
7. A representative from each of the IP group residing inside the MMPL or
within its buffer zones; and
8. Three (3) representatives from the NGOs and three (3) representatives from
POs involved with protected area management, chosen among themselves,

del Norte or his duly authorized

In the selection of representatives from the POs and NGOs, the following criteria shall
be primarily considered:
a) Active involvement in the ecological conservation, preservation, rehabilitation
and protection of the protected area;
b) Great potential in community organizing and other development work:
©) Favorable track record in community work; and
d) Duly accredited by the LGU concerned and by the DENR

Any action, decision and policy made by the Mt. Mayapay PAMB shall be valid and
subsisting unless overturned by the DENR Secretary for either being contrary to existing
laws, rules and regulations or violative of the existing applicable Management Plan.


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‘There shall be an Executive Committee (ExeCom) within the PAMB to whom may
be delegated some of its powers and functions, including the authority to rule on appeal the
decisions of the Protected Area Superintendent referred to in Section 20 of this Act, to be
composed of the Regional Technical Director of Protected Areas and Wildlife and Coastal
Zone Management Service as chairperson, and at least two (2) representatives each from the
LGUs, the NGOs, and the IPs. The PAMB shall determine the scope and extent of the
authority to be delegated to the ExeCom.

The PAMB en bane shall hold a regular meeting at least once every three (3) months
and the ExeCom shall hold regular meetings at least once a month, For both bodies, a
quorum shall consist of a simple majority of the members. The chairperson may call for a
special meeting as deemed necessary

Every Member of the PAMB shall serve for a term of five (5) years provided that
he/she remains a member or employee of the sector or office being represented, The term of
office of the NGO and the PO representatives in the PAMB shall be coterminous with the
duration and existence of the organization's projects in the protected area. Whenever a seat
allotted for the NGOs or POs shall be vacant, a new member shall be chosen in the same
manner as the original selection process, and shall serve only the unexpired term.

Except for government officials who shall serve as ex officio members of the PAMB,
each member shall serve for a term of five (5) years without compensation.

The members of the PAMB shall be entitled to reimbursement of actual traveling and
subsistence expenses incurred in attending the meetings of the PAMB or its committees,
subject to existing accounting and budgeting rules and regulations. These expenses shall be
included in the annual budgetary allocation

SECTION 10. Powers and Functions. The PAMB of the MMPL, which shall
decided by consensus or majority vote of the members present constituting a quorum of all
the members, shall have the following powers and functions in addition to those provided
under Republic Act No. 7586 or the NIPAS Act of 1992 and its implementing rules and
regulation:

Review, approve and adopt the management plans and development programs

and their respective implementing rules and regulations;

b. Decide and approve matters relating to proposals, work and action plans,
guidelines and polices and other activities for the management of the
protected area;

c. Recommend and approve the establishment and delineation of zones;

d. Establish supplemental criteria and guidelines for park fees for activities
regulated by this Act or the management plan subject to the approval of
DENR pursuant to Section 10(f) of the NIPAS Act;

ec. Ensure effective implementation of development activities within the
protected area;

f Adopt rules and procedures in the conduct of business, roles, and

responsibilities, and discipline of its board members, including the creation of

standing committees;

Evaluate the performance and activities of the Office of the PASu;

Accept donations, approve proposals for funding and budget allocation and

exercise accountability over all funds that may accrue;

i, Request assistance from any government agency, office, board, private or
public person to achieve the objectives of this Act;

j. Monitor and evaluate the performance of protected area personnel, NGOs, and
the communities in biodiversity conservation, socio-cultural and economic
development, and report its assessment to the DENR; and

k. Participate in the selection and designation process of the DENR in the

appointment of the Protected Area Superintendent;

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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 Administrative
Orders issued by the DENR pursuant to the NIPAS Act and other laws, and resolutions
issued by PAMB, the DENR Secretary shall decide whether to apply the rule or withdraw its
application.

SECTION 11. Protected Area Superintendent (PASu) Office. There is hereby
established a PASu office in charge of the management, protection and administration of the
MMPL. The office shall be headed by the Protected Area Superintendent who shall be the
chief operating officer of the MMPL and shall be accountable to the RED of the DENR
Region XIII (Caraga Region) and PAMB. The PASu shall be supported by existing
personnel of the DENR. The PASu shall have the following administrative and regulatory
powers and functions:

a. Prepare and recommend to the PAMB the approval of the annual work and
financial plans;

b, Establish a productive partnership with the local community and stakeholders,
including groups who are interested in attaining the goals and objectives of the
MMPL:

c. Ensure the proper utilization of annual budget allocations and the proper
disposition of fees and other funds generated within the protected area;

Formulate and implement park information, education, communication and visitor
programs;

Develop a management information system to ensure that relevant and updated

information are available for scientific research, planning, monitoring and

decision-making;

1. Document the processes involved in the establishment and management of the
protected area, with particular reference to the development of relationships with
cultural communities, tenured migrants, buffer zone residents and others in
establishing effective protection of the area;

x, Enforce laws, rules and regulations pursuant to existing environmental laws and
DENR orders to protect and preserve the MMPL from trespass, damage, injury
and illegal occupancy; and

h, Perform such other functions as the PAMB or the RED may assign.

The Office of the PASu shall be supported by a sufficient number of personnel who
shall perform day-today management, protection, and administration of the protected area.

All DENR employees detailed to the protected area at the time of effectivity of this
Act shall be accorded preference to form part of the Protected Area Superintendent Office

SECTION 12. Roles of Local Government Units and National Agencies on the
Protected Area. The LGUs and relevant national agencies shall be represented in the PAMB
and shall have the following roles:

a. Apprise the respective constituents, offices, and other sectors on activities and
programs for the protected arez

b. Ensure consistency in the implementation of all activities in the protected
area

Retain their ordinance-making powers over the protected area and shall

consider the Management Plan and the rules and regulations adopted by the

PAMB in their legislative agenda relating to biodiversity, conservation,

protection, and sustainable development;

d. In the formulation of their development plan, local government units shall
consider the protected area management plan for Mt. Mayapay Protected
Landscape to be prepared by the PAM!



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Assist the PAMB in the implementation of the overall park fees, including but

not limited to the imposition, collection, and utilization of park fees,

enforcement of policies, rules and regulations and other similar park activities;

f, Accredit POS, NGOs, and other entities and groups involved in activities
within the protected area; and

g. Provide the PAMB with relevant information and data for the effective

management of the protected area.

SECTION 13. Collaboration among Government, _ Non-Government
Organizations and People’s Organizations. For the purpose of attaining the objectives of
this Act, all government agencies, NGOs, and POs and their personnel shall continuously
foster and develop a strong and true collaboration

All NGOs and POs and private entities implementing any park conservation, protection, and
development program must be accredited by the LGUs and the DENR.

CHAPTER III
ANCESTRAL LAND/DOMAINS AND TENURED MIGRANTS

SECTION 14. Ancestral Lands and Domains. — The rights of the IPs to their
ancestral lands and domains shall be recognized subject to existing and prior rights in
accordance with the provisions of the Republic Act 8371.

Traditional property regimes exercised by the IPs in accordance with their customary
laws shall govern the relationship of all individuals within their communities with respect to
all lands and other resources found within their ancestral lands and domains.

The IPs concerned shall be consulted and enjoined to participate in the planning and
implementation of the provisions of this Act.

SECTION 15. Tenured Migrants. A tenured migrant shall be issued a tenurial
instrument and shall be eligible to become stewards of portions of lands within the allowed
and designated zones on the areas they have been occupying or cultivating not exceeding the
size to be determined by PAMB.

‘The tenurial instrument shall cover a period of ten (10) years, subject to renewal
based on the performance evaluation and compliance of the terms and conditions stipulated
in the instrument.

The PAMB shall identify, verify, review all tenurial instruments, land claims, and
issuance of permits for resource use within the protected area and recommend the issuance of
the appropriate tenurial instrument consistent with the land classification, proper and allowed
use of resources found therein, and zoning provided for in the Management Plan,

Tenurial instruments issued prior to the effectivity of this Act shall be respected but
the renewal of the same shall be subject to the rules set forth by the PAMB in accordance
with the Management Plan.

Farmers who have been cultivating land within the protected area are considered to be
occupying such lands and shall be entitled to a tenurial instrument limited to cultivation and
residence. Nothing herein shall be construed to mean any diminution of accrued rights
earned by tenured migrants.

If tenured migrants occupy areas designated as zones where occupation or certain
activities are prohibited under this Act, they shall be transferred to multiple use zones or
buffer zones to be accomplished through just and humane means.


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The tenurial instruments or the rights and interests arising therefrom shall not be
transferred or otherwise conveyed to any person except direct descendants who shall qualify
in accordance with the rules and regulations set by the PAMB. The same shall not be sold,
leased or used as a security for a loan or any obligation.

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 consistent
with the nature of Mt. Mayapay as a protected area under the category of a landscape
protected area.

SECTION 16. Existing Rights. All prior property and private rights within the
protected area already existing and/or vested prior to the effectivity of this Act, shall be
protected and respected in accordance with existing laws. Lands subsequently classified as
Alienable and Disposable shall be available for titling subject to existing rules and
regulations.

Existing built-up Barangays and populated areas within the City of Butuan, and the
Municipality of Buenavista, Agusan del Norte, and other existing built-up and populated
areas within the MMPL shall be respected and recognized. The same shall be subject to such
required processes which the DENR may conduct as a pre-requisite to the reclassification of
the said areas into alienable and disposable lands in accordance with existing laws, rules, and
regulations. All development and improvement in these areas shall be in accordance with the
general Management Plan of MMPL.

Persons who have been cultivating lands with appropriate legal authority within the
protected area for at least five (5) years prior to the effectivity of this Act who are primarily
dependent thereon for subsistence may be entitled to the issuance of appropriate tenurial
instruments subject to such rules and regulations set consistent with the MMPL Management
Plan, However, if the lands have been idle for at least five (5) consecutive years, the PAMB
shall have the right to assume control and management of the area.

‘These tenurial instruments or the rights and interests arising therefrom shall not be
transferred or otherwise conveyed to any person except qualified direct descendants
according to the rules and regulations set by the PAMB. Any sale, lease, or use of the
instruments as security for any obligation shall likewise be void.

SECTION 17. Cancellation of Tenurial Instruments. Tenured migrant instruments
may be cancelled for:

a. Violation of the terms and conditions specified therein;

b. The repeated refusal for at least two (2) instances of the holder of the tenurial
instrument to comply with the Management Plan for the Mt. Mayapay Protected
Landscape; or

c. By voluntary surrender of such rights;

d. Conviction by final judgment of any of the prohibited acts as defined of any
Prohibited Acts provided for in Chapter IV of this Act.

Upon cancellation of a tenured migrant instrument, the Office of the PASu shall
immediately undertake the necessary steps to rehabilitate the area consistent with the
provisions of the Management Plan.


170 CHAPTER IV

(71 PROHIBITED ACTS AND PENALTIES

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73 Section 18, Prohibited Ac The following shall be the prohibitions and penalties
'74— within the MMPL:

175 (a) A fine of not less than Five Thousand Pesos (P5,000.00) but not more than Five

Hundred Thousand Pesos (P500,000.00) or imprisonment of not less than six (6)
years and one (1) day but not more than twelve (12) years, or both, at the discretion of
the court shall be imposed upon any person who:

(1) Hunts, collects destroys, traps, disturbs or possesses anywhere within the MMPL.
any wild plant or animal or product derived therefrom without prior PAMB
permit;

(2) Possesses, without permit from the PAMB, any wild plant or animal or product
derived from such wild plant or animal within the MMPL or in any of its
management zones where the species is not endemic;

(3) Cuts, gathers, collects or removes timber or other forest products;

(4) Establishes or introduces exotic species that have allelopathic or detrimental
effect to endemic species without prior PAMB permit;

(5) Engages in kaingin or slash-and-burn farming or any activity that causes forest
fire;

(6) Engages in quarrying or the process of extracting, removing and disposing of
quarry resources found on or underneath the MMPL; and

(7) Engages in the extraction, exploration, development, utilization or processing of
mineral resource, minerals or rocks with economic value found on or underneath
the MMPL.

(b) A fine of not less than Five Thousand Pesos (P5,000) but not more than Two Hundred
Fifty Thousand Pesos (P250,000) or imprisonment of not less than six (6) months but
not more than six (6) years, or both, at the discretion of the court, and the restoration
and rehabilitation of the damage resulting from violations shall be imposed upon any
person who:

(1) Violates the Management Plan or any resolution issued by the PAMB;

(2) Vandalizes, mutilates, transports, destroys, excavates or in any manner
intentionally damages any natural formation or object of natural beauty inside the
protected area, or the burial or religious sites including artifacts and other objects
belonging to the ICCs/IPs;

(3) Dumps, burns or otherwise disposes of any substance deleterious to the ecosystem
plants and animals or human inhabitants or committing the same in the buffer and
multiple-use areas without appropriate authority or permit;

(4) Uses or possesses a motorized equipment anywhere within the strict protection
zone without a prior permit from the PAMB:

(5) Engages in grazing or raising of poultry and other livestock for commercial
purposes: Provided, that existing grazing or poultry and other livestock farms
shall be phased out within five (5) years after the effectivity of this Act;

514 (6) Causes damage or leaves roads and trails in damaged condition;
515 (7) Occupies any tract of land without a prior PAMB permit. Any clearing,
SMG construction of residence or introduction of improvements shall constitute prima
57 facie evidence of occupation or settlement;

518 (8) Alters, removes, destroys or defaces boundaries, marks or signs;

319 (9) Constructs and maintains a building, edifice or any kind of structure or conducts
520 any business enterprise without prior PAMB permit;

521 (10) “Enters the MMPL without a prior PAMB permit for purposes of bird
522 watching, swimming, trekking, filming, camping, spelunking or caving and other
523 similar activities;

wu (11) Conducts biorospecting, research work or any study without prior PAMB

permit or in violation of existing guidelines; and engages in treasure hunting



(c) A fine of not less than One Hundred Thousand Pesos (P 100,000.00) but not more
than Five Hundred Thousand Pesos (P500,000.00) or imprisonment of not less than
six (6) months but not more than six (6) years, or both, at the discretion of the court
shall be imposed upon any public officer or law enforcement officer, who, in
dereliction of the duties of his office, shall maliciously refrain from instituting proper
action for the punishment of violators of the law or shall tolerate the commission of
offenses. A conviction of this offense shall also carry the penalty of perpetual
disqualification from public office.

(d) In case the species involved in the violations enumerated under Section 17 (1) are
protected species, the penalty to be imposed shall not be less than twelve (12) years
and one (1) day but not more than twenty (20) years and a fine of not less than Five
hundred Thousand Pesos (PS00,000.00) to One Million Pesos (P1,000,000.00) in
addition to the accessory penalties provided in the immediately succeeding paragraph.
Furthermore, any citizen may institute the necessary charge against the offender for
commission of the acts enumerated under Section 17(1) involving protected species.

(c) A conviction under this section shall likewise carry the penalty of eviction from the
MMPL, payment of damages for the rehabilitation and restoration and the forfeiture
of all equipment, device and weapons used in the commission of the offense as well
as the resources caught in the possession of the accused. In case the offender is not a
Filipino citizen, he/she shall be immediately deported to his/her country of origin
after service of his/her sentence. If the offender is an association or corporation, the
president or manager shall be directly responsible for the act of the employees and
laborers.

SECTION 19. Special Prosecutor. Within thirty (30) days from the effectivity of
this Act, the Department of Justice shall appoint a Special Prosecutor to whom alll cases of
violation of laws, rules, and regulations in the protected area shall be assigned. Such Special
Prosecutor shall coordinate with the PAMB and the PASu in the performance of his/her
duties and assist in the training of wardens and rangers in arrest and criminal procedure. The
PAMB shall periodically submit an evaluation of the performance of the designated Special
Prosecutor to the Department of Justice.

SECTION 20. Administrative Confiseation and Fine. Administrative proceedings
for violation of Section 20 of Republic Act 7586 shall proceed independently and without
prejudice to judicial action. The PAMB Executive Committee is hereby empowered to hear
administrative proceedings and impose administrative fines ranging from Five Thousand
Pesos (P5,000.00) to One Hundred Fifty Thousand Pesos (P150,000.00). Decisions of the
PAMB Execom may be appealed within thirty (30) days form the receipt of the decision to
the DENR Secretary. Decisions on imposition of fines shall be executed pending appeal

All conveyances, vessels, equipment, paraphernalia, implements, gear, tools,
instruments of the crime, and similar devices shall be subject to immediate administrative
confiscation by the Office of the PASu upon apprehension without prejudice to criminal
action, Once the proper criminal information is filed in the regular courts, the said
conveyances, vessels, equipment, paraphernalia, implements, gear, tools, instruments of the
crime and similar devices shall be in custodia legis but shall continue to be subject to
administrative confiscation and may only be released by the trial court to the owner pending
trial on a writ of replevin, upon consultation with the PASu and with proper consideration of
the pending administrative proceedings and potential forfeiture of the said objects.

Administrative fines collected and the proceeds of the sale on forfeiture of all objects
administratively and judicially confiscated or forfeited pursuant hereto shall accrue to the Mt
Mayapay Fund. The procedure for the sale thereof shall be promulgated by the PAMB.


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The LGUs responsible for the arrest of violators and confiscation of instruments of the crime
may claim a share in the disposition thereof while the rest shall accrue to the PAMB. The
sharing scheme for this shall be agreed upon by LGUs and the PAMB.

In the case of criminal conviction, the penalty consisting of fines and damages shall
directly accrue to the Mt. Mayapay Fund.

SECTION 21. Special Counsel. The PAMB may retain the services of a competent
lawyer who may be deputized by the Secretary of Justice, to assist in the prosecution of cases
or defend the members of the PAMB, the PASu and staff or any person assisting in the
protection, conservation and sustainable development of the protected area against any legal
action related to their powers, functions and representatives as provided in this Act or as
delegated or tasked by the PAMB.

CHAPTER V
MT. MAYAPAY PROTECTED AREA FUND

SECTION 22. The Mt. Mayapay Protected Landseape Protected Fund. There is
hereby established a trust fund to be known as the Mt. Mayapay Protected Landscape Fund
for purposes of financing projects of the System. All income generated from the operation of
the system or the management of wild flora and fauna in the MMPL shall accrue to the fund
These income shall be derived from, but not limited to, the following:

Visitors/ Tourist fees;

Registration of structures/ facilities;

Fees from the use of portions of the protected area and other facilities;

Donations and solicitations;

Contributions from industries and faci

area;

f, Such other fees and income derived from the conduct of permitted activities in
particular zones of the protected area

g. Fines, fees, and damages, other than those intended from rehabilitation, collected
from violators; and

h, Proceeds from the sale of confiscated goods and materials.

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es directly benefiting from the protected

The PAMB shall promulgate guidelines for the Mt. Mayapay Protected Arca Fund
within one (1) month form the approval of this Act, and determine an equitable sharing
scheme with the LGUs concerned for the revenues derived from facilities or activities within
the protected area.

The fund may be augmented by grants, donations, endowment from various sources,
domestic or foreign. Provided, that the fund shall be deposited as a special account in the
National Treasury and disbursements therefrom shall be made solely for the protection,
maintenance, administration and management of the system and duly approved projects
endorsed by the PAMB in accordance with existing accounting and budgeting rules and
regulations; Provided, further, that the fund shall not be used to cover personal services
expenditures.

The LGUs shall continue to impose and collect all other fees not enumerated herein
which they have traditionally collected, such as business permits, property tax and rentals of
LGUs facilities. Furthermore, LGUs may impose supplemental charges to the fees imposed
by the PAMB; Provided, that such supplemental charges shall be determined based on the
contribution of the LGUs in the maintenance and protection of the MMPL.


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CHAPTER VI
Existing Facilities

SECTION 23. Existing Facilities and Environmental Impact Ass
Compliance within the Protected Area.

Within ninety (90) days from the effectivity of this Act, the appointed PASu shall
make an inventory of existing facilities within the boundaries of the MMPL and submit the
said inventory to the PAMB through a sworn statement containing the following information:

(a) List of infrastructure, machineries and facilities and their potential disturbances to

protected species and their habitat, reproductive cycles, nesting and feeding
grounds;

(b) Noise levels of all stages of operation;

(c) Energy requirements and sources of energy;

(d) Volume of resources extracted from the protected area; and

(e) Future plans for the next five (5) years

The PAMB, with the technical assistance from the DENR, shall determine whether
the existence and operation of said infrastructure, machineries and facilities and its future
plans and operations would be detrimental to the MMPL.

Existing laws, rules and regulations relating to the Environment Impact Statement
(EIS) System shall be applicable to projects and activities intended in the MMPL. The
issuance by the DENR of an Environmental Compliance Certificate (ECC) or its exemption
for any project or activity in the MMPL shall be coordinated with the PAMB.

CHAPTER VII
UTILIZATION OF RESOURCES

SECTION 24. Utilization of Non-renewable Resources and Ban on Mining
Activities. Any exploration or utilization of non-renewable resources within the protected
area shall not be allowed. No mining activities shall be allowed inside the MMPL.

SECTION 25. Utilization of Energy Resources . Any exploration or utilization of
non-renewable resources for generation of energy within the protected area shall not be
allowed. Energy generation projects utilizing renewable resource such as, but not limited to,
hydroelectric, wind or solar generators may be allowed at the discretion of the PAMB.

SECTION 26. Utilization of Other Resources. Livelihood activities requiring the
use of resources derived from the MMPL shall be allowed only when it is found to be
sustainable and consistent with the Management Plan and only upon prior PAMB approval

The utilization of non-tangible resources such as, but not limited to, aesthetic value,
filming, camping and trekking areas, researches on flora and fauna, and other related
activities shall require the approval of the PAMB pursuant to a corresponding permit system
to be adopted. The PAMB shall establish a mechanism that would streamline the processing
of these permits in order to promote its viability to enhance revenue collection.

‘A permanent office, strategically situated within the MMPL, shall be established for
this purpose, where the PASu or his duly authorized representative can judiciously act on
requests from respective parties with authority from the PAMB.

SECTION 27. Projects of Public Service Utilities. All existing and future
development projects of public service utilities involving water services, communication
facilities, power and energy generation, public security, health and education services and
other facilities which will promote public welfare, shall be implemented within areas
designated/ approved by the PAMB and other appropriate government agencies.


CHAPTER VIII
APPROPRIATIONS AND MISCELLANEOUS PROVISIONS

‘CTION 28. Appropriations. The Secretary of the DENR shall immediately
include in the Department's program the implementation of this Act and the funding of
which in the initial amount of Fifty Million Pesos (P50,000,000.00) shall be included in the
annual General Appropriations Act.

SEC. 29. Transitory Provisions. — A new PAMB shall be convened and created
within three (3) months from the effectivity of this Act. During the same period, the DENR,
in coordination with the PAMB, the Committee on Natural Resources of the House of
Representatives. the Senate Committee on Environment and Natural Resources and the
concerned Congressional District Representatives shall undertake the preparation of the
implementing rules and regulations of this Act

SECTION 30. Separability Clause. If any part or section of this Act is dec!
unconstitutional, such declaration shall not affect the other parts or sections hereof.

SECTION 31. Repealing Clause. All laws, proclamations, rules and regulations,
inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 32. Effectivity Clause. This Act shall take effect fifteen (15) days after it
complete publication in the Official Gazette or in at least two (2) national newspapers of
general circulation, whichever comes earlier.

Approved,