Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 2594

Introduced by Representative DANTE S. GARCIA AND KENNETH PAOLO C.
TERENG

EXPLANATORY NOTE

Article II Section 16 of the Constitution provides that the State shall protect and
advance the right of the people to a balanced and healthful ecology in accord with the rhythm
and harmony of nature. In pursuit of this constitutional mandate, the Republic Act 7586 known
as the National Integrated Protected Areas System (NIPAS) Act of 1992, subsequently
amended by RA 11038 titled the Expanded National Integrated Protected Areas System
(ENIPAS) Act of 2018, was enacted. This stems from the understanding that human activities
substantially impact various facets of the environment. Factors such as the consequences of
population growth, resource utilization, and industrial development underscore the need for
safeguarding and preserving our natural ecosystems. This is particularly crucial in places with
unique biophysical characteristics that play a vital role in the well-being and progress of both
human and plant and animal life.

As defined in RA 11038, Protected Areas refer to specific areas of land and/or water
that have been set aside for protection due to their exceptional physical features and biological
diversity. These areas are safeguarded against harmful human exploitation. The primary goal
in establishing such sites is to preserve the area’s ecological integrity through effective
management to ensure its continued provision of ecosystem services.

The Naguilian Protected Landscape (NPL), characterized by undulating to moderately
rolling uplands with rugged hills and mountainous terrain, serves as a habitat for diverse flora
and fauna within the municipality. It is found that it harbors one hundred ninety-five (195)
plant species, belonging to one hundred sixty-nine (169) genera and grouped into seventy-six
(76) families. Among these, one hundred thirty-three (133) species or the 68.21% are
indigenous, and twenty-four (24) are endemic to the Philippines (12.31%). Notably, one of
these endemic species, Strongylodon juangonzale=ii Hadsall, Alejado & Cajano, is so far found


to be exclusively thriving in Quezon Province. Further, recent fieldworks in the NPL have led
to the identification of a new distribution record for Amyema sp., a mistletoe species.

Furthermore, the landscape hosts a total of 100 terrestrial vertebrate species, distributed
across 85 genera and 52 families. Birds comprise 66%, reptiles 17%, mammals 12%, and
amphibians 5%, with 27% of these terrestrial species being endemic to the Philippines.

These findings underscore the high likelihood of undocumented species with potential
economic significance within the 90.73-hectare NPL. Hence, ensuring the sustainability of
Naguilian's unique biological diversity is of paramount importance. This bill aims to establish
a framework for the institutionalized conservation and protection of the NPL through proficient
and effective management in accordance with RA 11038

In view hereof, the immediate passage of this bill is earnestly requested.

Kesh foe ras
DAI . GARCIA KENNETH PAOLO C.TERENG
ephesentative Representative

Secorfd District, La Union KM Ngayon Na Party-List


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 2594

Introduced by Representative DANTE S. GARCIA AND KENNETH PAOLO C.
TERENG

AN ACT
DECLARING AND DESIGNATING NAGUILIAN WATERSHED FOREST
RESERVE, SITUATED WITHIN THE MUNICIPALITY OF NAGUILIAN IN THE
PROVINCE OF LA UNION AS A PROTECTED AREA UNDER THE CATEGORY OF
PROTECTED LANDSCAPE PURSUANT TO THE NATIONAL INTEGRATED
PROTECTED AREA SYSTEM (NIPAS), TO BE REFERRED TO AS THE
NAGUILIAN PROTECTED LANDSCAPE, PROVIDING FOR ITS MANAGEMENT,
AND APPROPRIATING FUNDS THEREFOR

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

ARTICLE I
GENERAL PROVISIONS

SECTION 1. Short Title. This Act shall be known as the “Naguilian Protected Landscape
(NPL) Act.”

Sec. 2. Declaration of Policy-—Recognizing the profound impact of human activities
on various components of the natural environment, especially the consequences arising from
population growth, resource exploitation, and industrial advancement, and acknowledging the
critical importance of safeguarding and preserving the natural, biological, and physical
diversities of the environment, particularly in areas characterized by unique features essential
for sustaining human life and development, as well as the well-being of plant and animal life,
it is hereby declared as the policy of the State to ensure, for the benefit of the Filipino people,
both present and future generations, the perpetual existence of all native plants and animals
through the establishment of protected areas under the "National Integrated Protected Areas
System (NIPAS).


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In recognition of the richness of the biological resources, encompassing both flora and
fauna, native and distinct to Naguilian, as well as their aesthetic and ecological importance, a
parcel of land situated in the municipality of Naguilian in the Province of La Union covering
the Naguilian Watershed Forest Reserve, is hereby declared a protected area with the
designation of a protected landscape, and henceforth shall be referred to as the Naguilian
Protected Landscape (NPL). As such, the State assumes the responsibility for ensuring the
conservation, protection, and management of the said area. Furthermore, it is acknowledged
that effective administration of this area is achievable only through collaborative efforts
involving the national government, local government units (LGUs), concerned non-
governmental organizations (NGOs), private entities, and local communities. The utilization
and enjoyment of this area must be in conformity with the principles of biological diversity and
sustainable development.

Towards this end, the State shall ensure the comprehensive implementation of this Act,
the mobilization of resources to support the institutional mechanisms herein established, and
the provision of complete scientific and technical support necessary for the conservation of
biodiversity and the preservation of the integrity of ecosystems, culture, and indigenous
practices

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

(a) Biological diversity or biodiversity refers to the variability among living organisms
from all 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) Buffer zones refers to identified areas outside the boundaries of and immediately
adjacent to protected areas that need special development control in order to avoid
or minimize harm to the protected area;

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

(d) 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;

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


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(f) Protected area refers to identified portions of land and/or water set aside by reason
of their unique physical and biological significance, managed to enhance biological
diversity and protected against destructive human exploitation;

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

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

Sec. 4. Classification as a National Park. All lands of the public domain within the

coverage and scope of NPL shall fall under the classification of national park as provided for
in Article XII, Section 3 of the Constitution.

SEC. 5. Scope and Coverage. The boundaries of NPL is more particularly described as

the area beginning at a point marked “1” on the map, being S 68-41-36 E, 3018.321 meters
from PRS92 Control Monument “LUN-3059” with geographic coordinates 16° 33” 42.73798”
Latitude, 120° 24° 08.44561” Longitude located at Barangay Guising Sur, Naguilian, La

Union,

thence —- N6-57-19E 53.432 meters to comer 2;
thence — N 7-36-52 W 89.629 meters to comer 3;
thence -N30-26-28E 213.402 meters to comer 4;
thence —-N31-31-6E 148.639 meters to comer 5;
thence N82-48-38E 225.384 meters to corner 6;
thence —_N 73-22-56 E 75.92 meters to comer 7;
thence —-N 58-55-37 E 149.644 meters to comer 8;
thence N 65-23-49 E 80.982 metersto comer 9;

thence —-§ 42-53-29 E 393.372 metersto comer 10;

thence —- N40-13-2E 134.643 meters to comer 11;
thence —-N 17-24-46 E 119.791 meters to comer 12;
thence —-N 24-54-43 E 141.717 meters to comer 13;
thence —-$ 42-59-30 E 361.507 meters to comer 14;
thence  $ 27-20-54W 151.568 meters to comer 15;
thence —$ 49-29-42 W 56.051 metersto comer 16;
thence $ 7-18-2 W 124,104 meters to comer 17;
thence $ 23-57-33 W 226.314 meters to comer 18;
thence —-$ 3458-9 W 103.173 meters to comer 19;
thence $ 48-29-42 W —129.658 meters to comer 20;
thence —$ 48-49-49 W 27.644 meters to comer 21;
thence $ 82-18-23 W_ 136.986 meters to comer 22;

thence $ 59-37-50 W_ 126.696 meters to comer 23:


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thence ‘N 89-8-11 W 79.983 meters to corner 24;

thence N 68-40-13 W 329.62 metersto corner 25;

thence N 65-5-56 W 397.434 metersto corner 26;

thence N 10-27-18 E 78.406 meters to corner 1,
the point of beginning containing an area of ninety (90) hectares, more or less. Bearings and
distance of lines were derived using PRS92, Philippine Zone III coordinate system, subject to
actual gound demarcation.

Sec. 6. Establishment of Buffer Zones. The Secretary of the Department of
Environment and Natural Resources (DENR), upon the recommendation of the Protected Area
Management Board (PAMB) created under Section 7 of this Act, may designate areas
surrounding the NPL as buffer zones for the purpose of providing an extra layer of protection
where restrictions may be applied. Provided, That, in cases where the designated buffer zone
would cover private lands, the owners thereof shall be required to design their development
with due consideration to the protected area management plan.

ARTICLE If
MANAGEMENT MECHANISMS,

Sec, 7. Protected Area Management Board (PAMB). Within ninety (90) days from
the effectivity of this Act, a Protected Area Management Board (PAMB) shall be created to
oversee the management of the NPL. The PAMB shall be composed of the following

(a) The DENR Regional Executive Director for Region 1, as Chairperson;

(b) The Governor of the Province of La Union, or his/her duly designated
Tepresentative;

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

(d) The Representative of the Second Congressional District of La Union, or his/her
duly designated representative, unless the District Representative declines the
membership in the PAMB;,

(e) The Mayor of Naguilian, or his/her duly designated representative;

(f) The Punong Barangay of each barangay with territorial jurisdiction over NPL;

(g) The Department of Agriculture (DA) Regional Executive Director for Region 1, or
his/her designated official representative;

(h) The Regional Director, or a designated official representative, of the following
government agencies for Region 1, namely: the Department of National Defense -
Office of Civil Defense (DND-OCD), the Department of Economy, Planning and
Development (DEPDev), the Philippine National Police (PNP), the Department of
Science and Technology (DOST), and Department of Tourism (DOT);

(i) Three (3) representatives from either non-government organizations (NGO) or
People’s Organizations (PO), duly accredited both by the DENR and the provincial


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government. The NGO or PO represented should have been in existence for at least
five (5) years and with track record in or related to protected area management;

j) At least one (1) but not more than three (3) representatives from all the ICCs/IPs
present in the area and recognized by the National Commission on Indigenous
Peoples (NCIP);

(k) One (1) representative from an academic institution, preferably from a university or
college in the Province of La Union, with a record of accomplishment in or related
to protected area management and biodiversity conservation; and

(1) One (1) representative from the private sector, preferably a resident of La Union,
who is distinguished in a profession or field of interest relevant to NPL
management.

The terms of office of members of the PAMB, as well as the grounds for their removal
shall be in accordance with the provisions of Republic Act No 7586, otherwise known as the
“National Integrated Protected Areas System Act of 1992”, as amended by Republic Act No.
11038, otherwise known as the “Expanded National Integrated Protected Areas System Act of
2018”.

SEC. 8. Powers and Functions of the PAMB. The NPL PAMB shall have the following
powers and functions:

(a) Oversee the management of the NPL;

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

(c) Approve the management plan of NPL and ensure its harmonization and integration
with the Ancestral Domains Sustainable Development and Protection Plan
(ADSDPP), land use plan and other development plans, 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 of appropriate agencies and individuals for the
enforcement of the laws, rules and regulations governing the management of NPL;

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

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

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

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

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


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

(I) Assess the effectiveness of the management of NPL: 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 or national application, the latter shall prevail

SEC. 9. The Protected Area Management Office (PAMO). There is hereby established
a PAMO to be headed by a Protected Area Superintendent (PASu) with a permanent plantilla
position who shall supervise the day-to-day management, protection and administration of
NPL. A sufficient number of support staff with permanent plantilla positions shall likewise be
appointed by the DENR to assist the PASu in the management of the protected area.

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

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

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

(c) Provide secretariat services to the PAMB and its committees and ensure the
availability of relevant and timely information for decision-making;

(d) Formulate and recommend to the PAMB proposed policies, rules, regulations, and
programs;

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

(f) Enforce the laws, rules and regulations relevant to the 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 the provisions of this Act;

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

(h) Request for and receive any technical assistance, support or advice from any
agency or instrumentality of the government as well as academic institutions,


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NGOs, and the private sector, as may be necessary for the effective management,
protection and administration of NPL;

(i) Issue permits and clearances for activities that implement the management plan and
other permitted activities in accordance with the terms, conditions, and criteria
established by the PAMB: Provided, That all permits for extraction of natural
resources, including collection of wildlife, and its by-products or derivatives for
research purposes, shall continue to be issued by relevant authorities, subject to
prior clearance from the PAMB, through the PASu, in accordance with the specific
acts to be covered;

Collect and receive pertinent fees, charges, donations, and other income for the

protected area: Provided, That such fees, charges, donations, and other income

collected and received shall be reported regularly to the PAMB and the DENR in
accordance with existing guidelines;

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

(1) Exact and collect administrative fees and fines, for violations of Section 21 of
ENIPAS Act, as amended, and other related guidelines, rules and regulations on
protected areas and biodiversity conservation;

(m)Issue permits for the use of facilities and amenities, except for those considered as
special uses, as defined in ENIPAS Act of 2018;

(n) Recommend actions for cutting permit for planted trees solely for the traditional
and subsistence uses by ICCs/IPs and tenured migrants, of up to five (5) cubic
meters per applicant per year. Provided, that PACBRMA holders with affirmed
Community-based Resource Management Plan shall no longer be issued cutting
permits. Provided further, that the total volume cut shall not exceed the limits set
by the PAMB, and that the location of the cutting is within the appropriate site
within the Multiple-Use Zone (MUZ);

(0) Process applications for Certificate of origin and/or transport permits, for natural
resources and other products collected/gathered from the protected area, in
accordance with the resource use instruments/agreement, gratuitous permits, issued
by the PAMB and/or as the case may be, with the ADSDPP or the CCP of
Indigenous Cultural Communities (ICCs)/IPs;

(p) Examine, assess and process SAPA applications ensuring that all the preconditions
and requirements are met including the collection of fees and bond;

(q) Facilitate the SAPA application of existing facilities and structures which are found
to be consistent with the management objectives of the protected area, as well as
the conversion of existing Memorandum of Agreement (MOAs) into SAPA;

() Release the SAPA to the proponent upon confirmation of the payment of SAPA
fee;

(s) Effect the suspension, cancellation or termination of SAPA. The PASu shall also
cause the re-opening of the subject area to new applications for special use projects;

(t) Review and evaluate the status, progress, and operations of SAPAs at the end of
25 years;

0


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(u) Assist the PAMB in the conduct of monitoring the proponent's compliance with the
provisions of the SAPA thru periodic review and evaluation every 5 years;

(v) Facilitate the review of the sufficiency of the rehabilitation plan and bond every 5
years and as necessary;

(w)Monitor the environmental programs and/or projects implemented, and services
rendered by the SAPA proponent, if any;

(x) Review all existing land use and resource use permits in relation to the PA
management plan; and,

(y) Perform such other functions as the PAMB and the DENR may assign.

The PAMO may be augmented by the deputized local environment and natural
resources officers upon the recommendation of the PAMB and approval of the DENR.

ARTICLE I
PROCEEDS AND FEES

SEC. 10. The Naguilian Protected Landscape Integrated Protected Area Fund. There
is hereby established a trust fund to be known as the Naguilian Protected Landscape Integrated
Protected Area Fund (NPL-IPAF) for purposes of financing projects of the NPL and the
NIPAS. All income generated from the operation of the system or management of wild flora
and fauna in the NPL shall accrue to NPL-IPAF. The income shall be derived from fees from
visitors/tourists, permitted sale and export of flora and fauna and other allowable use of
resources from the protected area, proceeds from Special Use in Protected Area (SAPA) in
multiple-use zone for tourism concessions, communication and transmission facilities, power
generation projects, large scale agriculture and aquaculture enterprise and other contributions
from industries and facilities directly benefiting from the protected area, and other fees and
income derived from the operation of NPL.

‘The PAMB 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
disbursements out of such deposits shall be used solely for the protection, maintenance,
administration, and management of NPL and implementation of duly approved projects of the
PAMB. The remaining twenty-five percent (25%) of revenues shall be deposited as a special
account in the general fund in the National Treasury for purposes of financing the programs
and projects of the NIPAS.

‘The fund may be augmented by grants, donations, endowment from various sources,
domestic or foreign for purposes related to their functions. Provided, That the fund shall be
deposited as a special account in the national treasury and disbursements therefrom shall be
made solely for the protection, maintenance, administration and management of the NPL, and
duly approved projects endorsed by the PAMB in accordance with existing accounting and
budgeting rules and regulations: Provided, further, That no amount shall be disbursed for the
operating expenses of the Department and other concerned agencies.


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The LGUs shall continue to impose and collect all other fees not enumerated herein
which they have traditionally collected, such as business permits, property tax and rentals of
LGUs’ facilities. Furthermore, LGUs may charge add-ons to fees imposed by the PAMB
Provided, that such add-ons shall be determined based on the contribution of the LGUs in the
maintenance and preservation of the protected area.

ARTICLE IV
TRANSITORY AND MISCELLANEOUS PROVISIONS

Sec. 11. Appropriations. The Secretary of the DENR shall immediately include in the
Department’s program the implementation of this Act, the funding of which shall be included
in the Annual General Appropriations Act.

SEC. 12, Suppletory Application of the NIPAS Law. The provisions of Republic Act
No. 7586, as amended by the Republic Act No. 11038, shall have suppletory application to this
Act.

SEC. 13. Implementing Rules and Regulations. Within ninety (90) days from the
effectivity of this Act, the Secretary of the DENR shall, in consultation with the local
government of the municipality of Naguilian, the Provincial Government of La Union, and
concerned national government agencies, issue the corresponding rules and regulations for the
effective implementation of this Act.

Sec. 14. Separability Clause. If any section or provision of this Act is held
unconstitutional or invalid, the remaining sections or provisions not affected thereby shall
continue to be in full force and effect.

Sec. 15, Repealing Clause. All laws, decrees, letters of instruction, executive orders,
tules and regulations and other issuances or parts thereof inconsistent with this Act are hereby

repealed or modified accordingly

SEC. 16. Effectivity. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,