FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 
, 
) 
) 
2149 
Introduced by SENATOR PIA S. CAYETANO 
EXPLANATORY NOTE 
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This bill seeks to declare the Mt. Balatukan Range Natural Park in Misamis 
Oriental as a protected area. 
The Mt. Balatukan Range Natural Park, which covers 8,423.569 hectares, 
bears a unique and lush biological and hydrological features. It holds substantial 
major rivers such as Maanas river, Maayam, Gatub, Magiskis, Samay, Agay-ayan, 
and Anahaw, Paytabian, Kihangad, Dumpilayan, Kiuneng, Samay and Hinupolan 
rivers. These major rivers playa vital role in the water supply throughout the area 
of Northern Mindanao particularly in the eastern part of Misamis Oriental. The Mt. 
Balatukan Range Natural Park also houses important fauna such as the Wild pig, 
Deer, Wild chicken, Wild dove, Pigeon, Wood pecker, Civet cat, Phil. deer, Tausi, 
Monkey, Owl; and flora such as the Almaciga, White lauan, Red lauan, Nato, 
Tanguile, Narig, Makaasim, Kalingag, Baliti, Apitong, Maltibig, Mayapis, Marang 
Banguhan, Bayanti, Gmelina, Baliti, Bayok, Almon, and Egim. 
This bill, therefore, seeks to declare the Mt. Balatukan Range Natural Park 
as protected in order to protect it from indiscriminate exploitation and to be able to 
maintain its ecological balance and preserve its source of water supply. 
Given the importance of biodiversity, it is deemed crucial that we act on this 
now to ensure that our children and the succeeding generations will inherit a living 
earth with all of its bountiful natural resources and vibrant wildlife. 
In view of the foregoing, the passage of this measure is earnestly urged. 
stt;. ¥:CAYETANO 
1 


FIFTEENTH CONGRESS 
Republic of the Philippines 
First Regular Session 
) 
) 
) 
SENATE 
SBNo. 2149 
Introduced by Senator Pia S. Cayetano 
AN ACT 
ESTABLISHING THE MT. BALATUKAN RANGE LOCATED IN THE CITY OF 
GINGOOG AND IN THE MUNICIPALITIES OF CLAVERIA, MEDINA, AND 
BALINGASAG, ALL IN THE PROVINCE OF MISAMIS ORIENTAL, AS A 
PROTECTED 
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: 
1 
SECTION 1. Title. - This Act shall be known as the "Mt. Balatukan Range 
2 
Natural Park Act of 2010." 
3 
SEC. 2. Land Classification. - All lands of the public domain comprising 
4 
the Mt. Balatukan Range Natural Park shall fall under the classification of National 
5 
Park as provided for in the Philippine Constitution. 
6 
SEC. 3. Scope and Coverage. - The Mt. Balatukan Range, which falls 
7 
under the category of Natural Park as defined therein, shall cover lands of the 
8 
public domain located in the City of Gingoog and the Municipalities of Claveria, 
9 
Medina, and Balingasag, all within the Province of Misamis Oriental. It shall have 
10 
the following boundaries: Beginning at a corner marked "1" which is located at 
11 
124°57'21" E and 8°47'35" N near the junction at Kihangad River and a branch 
12 
creek S 75°22'45" E, 950.79 m. 
13 
Thence 
N 76°48' W 
1,683.50 m 
to corner 2 
14 
15 
16 
17 
18 
19 
20 
21 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
N 81°36' W 
N 30°20' W 
N 62°05' W 
N 34°40' E 
N 23°26' E 
N 89°01' E 
S 84°30' E 
S 85°28' E 
2 
1,620.90 m 
to corner 3 
2.253.40 m 
to corner 4 
1,667.00 m 
to corner 5 
2,012.90 m 
to corner 6 
1,253.60 m 
to corner 7 
2,227.20 m 
to corner 8 
933.50 m 
to corner 9 
1,791.40 m 
to corner 10 


I 
Thence 
S 70°38' E 
1,889.60 m 
to corner 11 
2 
Thence 
N 87°44' E 
647.80 m 
to corner 12 
3 
Thence 
S 18°42' E 
356.00 m 
to corner 13 
4 
Thence 
S 15°45' W 
397.20 m 
to corner 14 
5 
Thence 
S 03°03' E 
1,274.60 m 
to corner 15 
6 
Thence 
S 18°39' E 
1,790.40 m 
to corner 16 
7 
Thence 
S 71°27' E 
1,348.60 m 
to corner 17 
8 
Thence 
N 69°30' E 
696.20 m 
to corner 18 
9 
Thence 
S 78°47' E 
748.20 m 
to corner 19 
10 
Thence 
S 84°32' E 
647.80 m 
to corner 20 
11 
Thence 
S 08°17' E 
662.50 m 
to corner 21 
12 
Thence 
S 36°59' E 
2,238.10 m 
to corner 22 
13 
Thence 
S 39°43' E 
1,335.30 m 
to corner 23 
14 
Thence 
S 39°37' E 
931.80 m 
to corner 24 
IS 
Thence 
S 35°20' W 
407.80 m 
to corner 25 
16 
Thence 
S 71°44' W 
1,266.90 m 
to corner 26 
17 
Thence 
S 40°40' W 
2,381.90 m 
to corner 27 
18 
Thence 
N 65°10' W 
1,070.00 m 
to corner 28 
19 
Thence 
N 49°50' W 
1,800.00 m 
to corner 29 
20 
Thence 
N 76°00' W 
1,450.00 m 
to corner 30 
21 
Thence 
N 58°12' W 
2,847.17 m 
to corner 31 
22 
Thence 
N 76°25'W 
1,234.54 m 
to corner 32 
23 
Thence 
N 10°20' E 
1,920.00 m 
to corner 1, the 
24 
point of beginning, containing an area of Eight Thousand Four Hundred Twenty-
25 
Four (8,424) hectares, more or less, subject to actual ground survey. 
, 
26 
. The Buffer zone of the Mt. Balatukan Range Natural Park begins at corner 
27 
"1" which is located at 124°57'00" E and 8°47'22" N, near the junction of Kihangad 
28 
River and a branch creek N 66°48'05" W, 456.94 meters, 
29 
Thence 
N 82°16' W 
3,266.70 m 
to corner 2 
30 
Thence 
N 31°13' W 
2,428.20 m 
to corner 3 
31 
Thence 
N 60°04' W 
1,820.10 m 
to corner 4 
32 
Thence 
N 33°28' E 
2,178.00 m 
to corner 5 
33 
Thence 
N 26°45' E 
1,428.50 m 
to corner 6 
34 
Thence 
N 86°02' E 
1,725.70 m 
to corner 7 
35 
Thence 
N 69°53' E 
1,962.40 m 
to corner 8 
36 
Thence 
S 64°44' E 
2,046.20 m 
to corner 9 
37 
Thence 
S 86°49' E 
721.80 m 
to corner 10 
3 


1 
Thence 
S 59°11' E 
1,212.20 m 
to corner 11 
2 
Thence 
Due East 
720.70 m 
to corner 12 
3 
Thence 
S 31°51' E 
872.60 m 
to corner 13 
4 
Thence 
S 07°35' W 
303.20 m 
to corner 14 
5 
Thence 
S27"42'W 
429.90 m 
to corner 15 
6 
Thence 
S 03°01' W 
1,143.60 m 
to corner 16 
7 
Thence 
S 18°02' E 
1,609.20 m 
to corner 17 
8 
Thence 
S 78°25' E 
899.10 m 
to corner 18 
9 
Thence 
N 31°49' E 
318.70 m 
to corner 19 
10 
Thence 
S 77°57' E 
1,248.60 m 
to corner 20 
11 
'Thence 
S 82°30' E 
1,114.20 m 
to corner 21 
12 
Thence 
S 04°45' W 
965.00 m 
to corner 22 
13 
Thence 
S 34°37' E 
2,361.40 m 
to corner 23 
14 
Thence 
S 31°14' E 
1,157.00 m 
to corner 24 
15 
Thence 
S 37"20' E 
1,483.50 m 
to corner 25 
16 
Thence 
S 56°48' W 
692.70 m 
to corner 26 
17 
Thence 
S 15°17' E 
341.40 m 
to corner 27 
18 
Thence 
S 71°25' W 
1,139.60 m 
to corner 28 
19 
Thence 
S 31°28' E 
420.10 m 
to corner 29 
20 
Thence 
S 34°50' W 
84.30 m 
to corner 30 
21 
Thence 
S 24°55' E 
94.20 m 
to corner 31 
22 
Thence 
S 71°14' W 
1,440.70 m 
to corner 32 
23 
Thence 
N 61°59'W 
1,840.70 m 
to corner 33 
24 
Thence 
N 50
0 32'W 
1,713.10 m 
to corner 34 
25 
Thence 
N 71°06' W 
1,313.60 m 
to corner 35 
26 
Thence 
N 52°44' W 
2,890.06 m 
to corner 36 
27 
Thence 
N 73°02' W 
1,885.14 m 
to corner 37 
28 
Thence 
N 19°31' E 
1,420.60 m 
to corner 1, the point 
29 
of beginning, containing an area of One Thousand Two Hundred Twenty-Two 
30 
(1,222) hectares, more or less, subject to actual ground survey and delineation to 
31 
be conducted by the DENR. 
32 
The technical descriptions provided in this Act will be subject to ground 
33 
survey and verification to be conducted by the Department of Environment and 
34 
Natural Resources. 
35 
Any modification of the coverage of this Act due to such factors as changing 
36 
ecological situations, new scientific or archeological findings, or discovery of 
, 
37 
traditional boundaries not previously taken into account shall be made through an 
4 


1 
act of Congress, after consultation with the affected public and concerned 
2 
government agencies. 
3 
SEC. 4. Definition of Terms. - The following terms are hereby defined for 
4 
the purpose of this Act: 
5 
a. "Ancestral Domain" refers to all areas generally belonging to Indigenous 
6 
Cultural Communities or Indigenous People (lCCs/IPs) comprising lands, inland 
7 
waters, coastal areas, and natural resources therein, held under a claim of 
8 
ownership, occupied or possessed by the ICCsIIPs, by themselves or thru their 
9 
ancestors, communally or individually since time immemorial, continuously to the 
10 
present except if interrupted by war, force majeure or displacement by force, 
11 
deceit, stealth or as a consequence of government projects or any other voluntary 
12 
dealings entered into by government or public individuals/corporations, and which 
13 
are necessary to ensure their economic, social and cultural welfare. It shall 
14 
include ancestral lands, forests, pasture, residential, agricultural, and other lands 
15 
individually owned whether alienable and disposable or otherwise, hunting 
16 
grounds, burial grounds, worship areas, bodies of water, mineral and other natural 
17 
resources, and lands which may no longer be exclusively occupied by ICCslIPs 
18 
but from which they traditionally had access to for their subsistence and traditional 
19 
activities, particularly the home ranges of ICCslIPs who are still nomadic and/or 
20 
shifting cultivators. 
21 
b. "Biodiversity" refers to variety and variability among living organisms and 
22 
the ecological complexes in which said organisms occur. 
23 
. c. "Biological resources" refers to genetic resources, organisms or parts 
24 
thereof, population, or any other biotic component of ecosystems with actual or 
25 
potential use or value for humanity. 
26 
d. "Bioprospecting" means the research, collection and utilization of 
27 
biological and genetic resources for purposes of applying the knowledge derived 
28 
therefrom solely for commercial purposes. 
29 
e. "Buffer Zone" refers to the identified area outside the boundaries of and 
30 
immediately adjacent to the designated Mt. Balatukan Range Natural Park that 
31 
need special development control in order to avoid or minimize harm to the Mt. 
32 
Balatukan Range Natural Park. 
33 
f. "By-products or derivatives" refers to any part taken or substance 
34 
extracted from wildlife, in raw or in processed form. This includes stuffed animals 
35 
and herbarium specimens. 
36 
g. "Collection or collecting" refers to the act of gathering or harvesting 
37 
wildlife, its by-products or derivatives. 
5 


1 
h. "Conservation" refers to the sustainable utilization of wildlife, and/or 
2 
maintenance, restoration and enhancement of the habitat. 
3 
i. "Ecosystem" refers to the dynamic complex of plant, animal and micro-
4 
organism communities and their non-living environment interacting as a functional 
5 
unit. 
6 
j. "Endangered species" refers to species or subspecies of flora and fauna 
7 
that is' not critically endangered but whose survival in the wild is unlikely if the 
8 
causal factors continue operating. 
9 
k. "Endemic species" refers to species or subspecies of flora and fauna 
10 
which is naturally occurring and found only within specific areas in the country. 
11 
I. "Exotic species" refers to species or subspecies of flora and fauna which 
12 
do not naturally occur within the Mt. Balatukan Range Natural Park at present or 
13 
in historical time. 
14 
m. "Habitat" refers to a place or type of environment where a species or 
15 
subspecies naturally occur or has naturally established its population. 
16 
n. "Hunting" refers to collection of wild fauna for food and/or recreational 
17 
purposes with the use of weapons such as guns, bow and arrow, spear and the 
18 
like. 
19 
o. "Indigenous Cultural Communities or Indigenous People (ICC/IPs)" 
20 
refers to a group of people or homogenous societies identified by self-ascription 
21 
and ascription by others, who have continuously lived as organized community on 
22 
communally bounded and defined territory, and who have, under claims of 
23 
ownership since time immemorial, occupied, possessed and utilized such 
24 
territories, sharing common bonds of language, customs, traditions and other 
25 
distinctive cultural traits, or who have, through resistance to political, social and 
26 
cultural inroads of colonization, non-indigenous religions and cultures, became 
27 
historically differentiated from the majority of Filipinos. IPs shall likewise include 
28 
peoples who are regarded as indigenous on account of their descent from the 
29 
populations which inhabited the Country, at the time of conquest or colonization, 
30 
or at the time of inroads of non-indigenous religions and cultures, or the 
31 
establishment of present state boundaries, who retain some or all of their own 
32 
social, economic, cultural and political institutions, but who may have been 
33 
displaced from their traditional domains or who may have resettled outside their 
34 
ancestral domains. 
35 
p. "Management plan" refers to the fundamental plan, strategy and/or 
36 
scheme which shall guide all activities relating to the Mt. Balatukan Range Natural 
37 
Park in order to attain the objectives of this Act. 
6 


1 
q. "Mineral" refers to all naturally occurring inorganic substance in solid, 
2 
gas, liquid, or any intermediate state including energy materials such as coal, 
3 
petroleum, natural gas, radioactive materials, and geothermal energy. 
4 
r. "Multiple-Use Zone" refers to the area where settlement, traditional 
5 
and/or sustainable land use, including agriculture, agro-forestry, extraction 
6 
activities and other income generating or livelihood activities, may be allowed to 
7 
the extent prescribed in the management plan. 
8 
s. "National Integrated Protected Areas System (NIPAS)" refers to the 
9 
classification and administration of all designated protected areas to maintain 
10 
essential ecological processes and life-support systems, to preserve genetic 
11 
diversity, to ensure sustainable use of resources found therein, and to maintain 
12 
their natural conditions to the greatest extent possible; 
13 
t. "National Park" refers to the land of the public domain classified as such 
14 
in the 1987 Constitution which include all areas under the National Integrated 
15 
Protected Areas System (NIPAS) pursuant to R.A. 7586 primarily designated for 
16 
the conservation of native plants and animals, their associated habitats and 
17 
cultural diversity. 
18 
ll. "Natural Park" refers to a relatively large area not materially altered by 
19 
human activity where extractive resource uses are not allowed and maintained to 
20 
protect outstanding natural and scenic areas of national or international 
21 
significance for scientific, education and recreational use. 
22 
v. "NIPAS Act" refers to the National Integrated Protected Areas System 
23 
Act of 1992 or Republic Act No. 7586, and its pertinent rules and regulations. 
24 
w. "Non-governmental organization (NGO)" refers to an agency, institution, 
25 
foundation or a group of persons whose purpose is to assist peoples 
26 
organizations/associations in various ways including, but not limited to, organizing, 
27 
education, training, research and/or resource accessing; 
28 
x. "People's Organization (PO)" refers to a group of organized migrant 
29 
communities and or interested indigenous peoples which may be an association, 
30 
cooperative, federation, or other legal entity, established to undertake collective 
31 
action to address community concerns and needs, and mutually share the 
32 
benefits of the endeavor; 
33 
y. "Protected Area" refers to the identified portions of land and/or water set 
34 
aside by reason of their unique physical and biological significance, managed to 
35 
enhance biological diversity and protected against destructive human exploitation; 
7 


1 
z. "Protected Area Management Board (PAMB)" refers to a multi-sectoral 
2 
policy-making body for protected areas created in accordance with RA 7586 or the 
3 
NIPAS,Act of 1992; 
4 
,aa. "Protected species" refers to any individual species of plants and 
5 
animals that is or shall be declared as protected under Philippine laws, rules and 
6 
regulations issued by theDENR, species listed as protected against trade, hunting 
7 
and harvest under international conventions to which the Philippines is or will 
8 
become a signatory such as, but not limited to, the Convention on International 
9 
Trade of Endangered Species (CITES). These include species, which may be 
10 
restricted for use under regulations issued by the Protected Area Management 
11 
Board (PAMB) or the DENR, and those particularly mentioned in the management 
12 
plan; 
13 
bb. "Quarrying" means the process of extracting, removing and disposing 
14 
quarry resources found on or underneath the surface of private or public land. 
15 
cc. "Strict protection zone" refers to a natural area with high biodiversity 
16 
value which shall be closed to all human activity except for scientific studies 
17 
and/or 
ceremonial 
or 
religious 
use 
by 
the 
indigenous 
cultural 
18 
communitieslindigenous peoples; may include habitats of threatened species, or 
19 
degraded areas that have been designated for restoration and subsequent 
20 
protection, even if these areas are still in various stages of regeneration. 
21 
dd. "Sustainable use" refers to the use of components of biological diversity 
22 
in a way and rate that does not lead to the long-term decline of biological diversity, 
23 
thereby maintaining its potential to meet the needs and aspirations of present and 
24 
future generations; and 
25 
ee, "Tenured Migrants" refers to occupants who have actually and 
26 
continuously occupied a portion of the Mt. Balatukan Range Natural Park and is 
27 
solely dependent therein for subsistence. A Mt. Balatukan Range Natural Park 
28 
occupant is understood to be "solely dependent for subsistence" when everything 
29 
indispensable for survival for the household, including food, clothing, shelter and 
30 
health', comes only from the utilization of resources from the Mt. Balatukan Range 
31 
Natural Park. 
32 
SEC. 5. Management of the Mt. Balatukan Range Natural Park. - There 
33 
is hereby created a PAMB which shall have jurisdiction, power and authority over 
34 
the Mt. Balatukan Range Natural Park for all matters that may affect biodiversity 
35 
conservation, protection and sustainable development. It shall b,e composed of: 
36 
(1) The Regional Executive Director (RED) of DENR Region X as 
37 
chairperson; 
8 


I 
(2) The Provincial Planning and Development Officer (PPDO) of the Province 
2 
of Misamis Oriental; 
3 
(3) The City Mayor of Gingoog and the Municipal Mayors of Claveria, 
4 
Medina, and Balingasag in the Province of Misamis Oriental, or their duly 
5 
designated representatives; 
6 
(4) One representative from each barangay with territory inside the Mt. 
7 
Balatukan Range Natural Park; 
8 
(5) One representative from each indigenous cultural community residing 
9 
within the Mt. Balatukan Range Natural Park; 
10 
(6) One representative from each department or national government agency 
II 
directly involved in the Mt. Balatukan Range Natural Park or has long term 
12 
projects or permanent facility located therein; 
13 
(7) At least three (3) representatives from accredited NGOs operating within 
14 
the Mt., Balatukan Range Natural Park; and 
15 
(8) At least two (2) representatives from accredited POs operating within the 
16 
Mt. Balatukan Range Natural Park. 
17 
Each member of the PAMB shall serve for a term of five (5) years and shall 
18 
be considered to represent his or her sector and deemed to carry the vote of such 
19 
sector in all matters. In the case of members who are government officials, their 
20 
appointment shall be co-terminus with their term of office. 
21 
The members of the PAMB shall be appointed by the Secretary of the DENR 
22 
in conformity with the provisions of the NIPAS Act. As a transitory provision, the 
23 
initial members of the PAMB shall be nominated from the current members of the 
24 
interim PAMBs of the Mt. Balatukan Range Natural Park. Their nominations shall 
25 
be conducted in a joint meeting of the current members of the interim PAMBs duly 
26 
called for the purpose: Provided, That at least one- third (1/3) of the members 
27 
shall be women. 
28 
In the selection of the representatives of POs and NGOs, preference shall be 
29 
accorded to those organizations that are involved in the conservation, protection 
30 
and development of the Mt. Balatukan Range Natural Park. Representation shall 
31 
be by institution and shall aim to achieve balance in representation by geographic 
32 
location or areas. 
33 
The representatives from the local government units (LGUs) and national 
34 
agencies in the PAMB shall include among their duties to inform their respective 
35 
constituents, office or sector, of PAMB approved or other relevant policies, rules, 
36 
regulations, programs, and projects, and to ensure that the provisions of this Act 
37 
are observed, complied with, and used as reference and framework in their 
9 


1 
respective plans, policies, programs and projects. Failure to comply with the 
2 
foregoing shall subject such representative to disciplinary action as the PAMB 
3 
may provide. 
4 
The members of the Board shall not receive any salary but shall be entitled 
5 
to reimbursements for actual and necessary expenses incurred, either in their 
6 
attendance in meetings of the Board or in 'connection with other official business 
7 
authorized by a resolution of the Board, subject to existing rules and regulations. 
8 
SEC. 6. Powers and Functions of the PAMB. - The PAMB of the Mt. 
9 
Balatukan Range Natural Park shall have the following powers and functions in 
10 
addition to those provided under RA 7586 or the NIPAS Act of 1992 and its 
11 
Implementing Rules and Regulations: 
12 
(1) Issue rules and regulations to prohibit acts that may be prejudicial to the 
13 
Mt. Balatukan Range Natural Park and to the declaration of policy set forth under 
14 
the NIPAS; 
15 
(2) Issue rules and regulations for the resolution of conflicts through 
16 
appropriate and effective means; 
17 
(3) Adopt rules and procedures in the conduct of business, including the 
18 
creation of committees to which its powers may be delegated; 
19 
(4) Approve the management plan and oversee the office of the Protected 
20 
Area Superintendent (PASu); 
21 
(5) Establish criteria and set fees for the issuance of permits for activities 
22 
regulated by this Act or the management plan; 
23 
(6) Recommend the 
deputization 
of appropriate individuals for the 
24 
enforcement of the laws, rules and regulations governing the conduct or 
25 
manag,ement of the Mt. Balatukan Range Natural Park; 
26 
(7) Approve fees and charges in accordance with DAO 51, Series of 2000 
27 
and'raise funds for the Mt. Balatukan Range Natural Park; 
28 
(8) Manage the allocation of the Mt. Balatukan Range Natural Park Fund, 
29 
and other funds for the Mt. Balatukan Range Natural Park, ensure their proper 
30 
administration and render accounting; and 
31 
(9) Recommend appropriate policy changes to the DENR and other 
32 
government authorities. 
33 
The DENR, through the Regional Executive Director of Region X, shall 
34 
ensure that the PAMB acts within the scope of its powers and functions. In case of 
35 
conflict between administrative orders issued by the DENR pursuant to the NIPAS 
36 
Act and the resolutions issued by the PAMB, such conflict shall be referred by 
10 


1 
PAMB to the Secretary of the DENR_who shall decide whether to apply the rule or 
2 
withdraw its application in the Mt. Balatukan Range Natural Park. 
3 
SEC. 7. Protected Area Superintendent (PASu) Office. - There is hereby 
4 
established a PASu Office in charge of the implementation of the projects, 
5 
programs and pOlicies for the management, protection and administration of the 
6 
Mt. Balatukan Range Natural Park. It will be headed by a Protected Area 
7 
Superintendent (PASu) and shall be supported by the existing personnel of the 
8 
DENR. The PASu shall be the chief operating officer of the Mt. Balatukan Range 
9 
Natural Park and shall be accountable to the RED of the DENR-Region X and the 
10 
PAMB. 
II 
The PASu shall have full responsibility for the protection of land, water, 
12 
wildlife and other natural physical and biological resources within Mt. Balatukan 
13 
Range Natural Park. As such, the PASu shall have the following duties and 
14 
responsibilities in addition to those provided under RA 7586 or the NIPAS Act of 
15 
1992 and its implementing rules and regulations: 
16 
(1) Establish, operate and maintain a database management system as 
17 
decision support tool; 
18 
(2) Prepare the management plan for the Mt. Balatukan Range NaturalPark 
19 
as herein defined; 
20 
(3) Provide a secretariat for the PAMB and supply the PAMB with all the 
21 
information necessary to make appropriate decisions for the implementation of 
22 
this Act; 
23 
(4) Enforce the laws, rules and regulations relevant to the Mt. Balatukan 
24 
Range Natural Park, institute and file legal action independently or in collaboration 
25 
with other government agencies or organizations and assist in the prosecution of 
26 
offenses committed in violation of this Act; 
27 
(5) Monitor all activities within the Mt. Balatukan Range Natural Park to 
28 
ensure its conformity with the management plan; 
29 
(6) Recommend the issuance of permits based on terms, conditions and 
30 
criteria established by the PAMB; 
31 
(7) Ensure the integration of the Mt. Balatukan Range Natural Park 
32 
management policies, regulations, programs and projects at all the concerned 
33 
national and LGU levels; and 
34 
(8) Perform such other functions as the PAMB may assign. 
35 
The PASu shall be supported by a sufficient number of personnel who shall 
36 
be performing day to day management, protection and administration of Mt. 
, 
37 
Balatukan Range Natural Park. Upon the recommendations of the PAMB, the 
11 


1 
DENR RED shall deputize local community leaders and environment and natural 
2 
resource officers. 
3 
SEC. 8. Indigenous People's Rights. -
Ancestral domain and other 
4 
customary rights and interests of indigenous communities within the Mt. Balatukan 
5 
Range Natural Park shall be accorded due recognition. The preservation of 
6 
ancestral domain and customary rights shall be considered as one of the 
7 
management objectives. The maintenance, management and development of 
8 
ancestral domains which are found to be necessary for protected areas will be 
9 
pursuant to Section 58 of Republic Act No. 8371, otherwise known as the "The 
10 
Indigenous Peoples Rights Act of 1997 (IPRA)". 
11 
The identification, delineation and recognition of ancestral domain claims 
12 
within the Mt. Balatukan Range Natural Park shall be conducted by the National 
13 
Commission on Indigenous Peoples (NCIP) pursuant to the provisions of the 
14 
IPRA, and its implementing rules and regulations, in coordination with the PAMS. 
15 
SEC. 9. Tenured Migrants and Other Mt. Balatukan Range Natural Park 
16 
Occupants. - Tenured migrants shall be eligible to become stewards of portions 
17 
of lands within allowable zones. The PAMB shall identify, verify and review all 
18 
tenurial instruments, land claims, and issuances of permits for resource use within 
19 
the Mt. Balatukan Range Natural Park and recommend the issuance of the 
20 
appropriate tenurial instrument consistent with the zoning provided in the 
21 
management plan and its successor plans. 
22 
Should areas occupied by tenured migrants be designated as zones in which 
23 
no occupation or other activities are allowed pursuant to the attainment of 
24 
sustainable development, provision for the transfer of said tenured migrants to 
25 
multiple use zones or buffer zones shall be accomplished through just and 
26 
humane means. 
27 
In the event of termination of a tenurial instrument for cause or by voluntary 
28 
surrender of rights, the PASu shall take immediate steps to rehabilitate the area in 
29 
order to return it to its natural state prior to the cultivation or other act by the 
30 
tenured migrant. 
31 
Other Mt. Balatukan Range Natural Park occupants who do not qualify as 
32 
tenured migrants shall be resettled outside the Mt. Balatukan Range Natural Park 
33 
as determined by the PAMS. The PAMS shall determine, plan and implement a 
34 
definite schedule for resettling them outside of the Mt. Salatukan Range Natural 
35 
Park following the procedures set forth by existing law. 
36 
SEC. 10. Existing Facilities Within the Mt. Balatukan Range Natural 
37 
Park. - Within Sixty (60) days from the effectivity of this Act, existing facilities such 
12 


1 
as roads, buildings, water systems, transmission lines, communication facilities, 
2 
heavy equipment, and irrigation facilities existing within the boundaries of the Mt. 
3 
Salatukan Range Natural Park shall submit project description to the PAMS 
4 
through the PASu. 
5 
The PAMS, with the assistance of the DENR, shall determine whether the 
6 
existence of such facility and its future plan and operations will be detrimental to 
7 
the Mt Balatukan Range Natural Park or whether conditions for its operation shall 
8 
be imposed. If any such conditions are violated, the owner of the facility shall be 
9 
liable to pay a fine of Five thousand pesos (P5,OOO.OO) for every violation. Upon 
10 
reaching a total fine of Five hundred thousand pesos (P500,OOO.OO), the PAMS 
11 
through the PASu and deputizing other government entities, shall cause the 
12 
cessation and demolition of the facility at the cost of its owner. 
13 
Existing facilities allowed to remain within the Mt. Balatukan Range Natural 
14 
Park may be charged a reasonable royalty by the PAMS. All income from such 
15 
royalty shall accrue to the Mt. Salatukan Range Natural Park Fund. 
16 
SEC. 11. Utilization of Resources. - Any exploitation of or utilization of 
17 
nonrenewable resources within the Mt. Salatukan Range Natural Park shall not be 
18 
allowed. Energy projects within the Mt. Balatukan Range Natural Park shall be 
19 
allowed only through an act of Congress except energy from wind, sun, and water 
20 
sources of not more than one (1) megawatt capacity for mini-hydro power. 
21 
Provided, That these renewable energy projects are outside the strict protection 
22 
zone, adopt reduced impact technologies, and undergo the Environmental Impact 
23 
Assessment (EIA) system as provided by law and: Provided, Further, that the 
24 
PAMB has endorsed the project. 
25 
SEC. 12. Special Prosecutor and Retained Counsel. - Within thirty (30) 
26 
days from the effectivity of this Act, the Department of Justice (DOJ) shall appoint 
27 
a special prosecutor to whom all cases of violation of laws, rules and regulations 
28 
in the Mt. Salatukan Range Natural Park shall be assigned. Such Special 
29 
Prosecutor shall coordinate with the PAMS and the PASu in the performance of 
30 
his/her duties and assist in the training of wardens and rangers in arrest and 
31 
criminal procedures. The PAMB may retain the services of a counsel to prosecute 
32 
and/or assist in the prosecution of cases under the direct control and supervision 
33 
of the regular or special prosecutor and to defend the members of the PAMB, the 
34 
PASu and the staff, or any person assisting in the protection, conservation and 
35 
sustainable development of the Mt. Balatukan Range Natural Park, against any 
36 
legal action related to their powers, functions and responsibilities as provided in 
37 
this Act or as delegated or tasked by the PAMB. 
13 


1 
SEC. 13. Mt. Balatukan Range Natural Park Fund. - There is hereby 
2 
established a trust fund to be known as the Mt. Balatukan Range Natural Park 
3 
Fund for purposes of financing projects of the Natural Park. Seventy-five percent 
4 
(75%) of the income generated from the operation of the Mt. Balatukan Range 
5 
Natural Park and/or management of wild flora and fauna in the Park shall accrue 
6 
to the Fund. The remaining twenty-five percent (25%) shall be deposited to the 
7 
Integrated Protected Areas Fund (IPAF) as established in the NIPAS Act of 1992. 
8 
Income shall be derived from visitor/tourist fees, fees from permitted sale and 
9 
export of flora and fauna and other resources from the Mt. Balatukan Range 
10 
Natural Park, proceeds from registration and lease of multiple-use areas, including 
11 
tourism concessions, fees, proceeds and contributions from industries and 
12 
facilities directly benefiting from the Mt. Balatukan Range Natural Park; and such 
13 
other fees and income derived from the operation of the Mt. Balatukan Range 
14 
Natural Park 
15 
The Mt. Balatukan Range Natural Park Fund may be augmented by grants, 
16 
donations, endowment from various sources, domestic or foreign, for purposes 
17 
related to their functions: Provided, That disbursements therefrom shall be made 
18 
solely for the protection, maintenance, administration and management of the 
19 
system, and duly approved projects endorsed by the PAMB in accordance with 
20 
existing accounting and budgeting rules and regulations: Provided, further, That 
21 
the Fund shall not be used to cover personal services expenditures. 
22 
The LGUs shall continue to impose and collect all other fees not enumerated 
23 
herein which they have traditionally collected, such as business permits, property 
24 
tax and rentals of LGUs' facilities. Provided, That the LGUs. shall not impose 
25 
property tax and issue tax declaration for areas or properties located in timberland 
26 
areas or areas previously classified as national parks. Furthermore, LGUs may 
27 
charge add-ons to fees imposed by the PAMB: Provided, That such add-ons shall 
28 
be determined based on the contribution of the LGUs in the maintenance and 
29 
protection of the Mt. Balatukan Range Natural Park. 
30 
SEC. 14. Prohibited Acts and Penalties. - The following shall be the 
31 
prohibitions and penalties applicable to the Mt. Balatukan Range Natural Park, in 
32 
addition to the prohibited acts as provided in the NIPAS Act and its Implementing 
33 
Rules and Regulations: 
34 
(A) The penalties in Articles 309 and 310 of the Revised Penal Code, 
35 
depending on the value of the resources involved in connection with the prohibited 
36 
act, shall be imposed upon any person who: 
14 


1 
(1) Takes, destroys, collects, disturbs or possesses any wild terrestrial or 
2 
aquatic plants or animals, flora or fauna, sand, rocks or by-products derived 
3 
therefr?m, within particularly identified regulated or prohibited areas zones in the 
4 
Mt. Balatukan Range Natural Park including private lands without the necessary 
5 
permit, authorization or exemption: Provided, That the hunting of animals shall be 
6 
absolutely prohibited except for scientific research and for traditional hunting by 
7 
the IPs/ICCs; 
8 
(2) Cuts, gathers, removes or collects timber or any forest products, within 
9 
particularly identified regulated or prohibited areas or zones in the Mt. Balatukan 
10 
Range Natural Park including private lands without the necessary permit, 
11 
authorization or exemption; 
12 
(3) Possesses or transports, within or outside the Mt. Balatukan Range 
13 
Natural Park any timber, forest products, wild terrestrial or aquatic plants, animals, 
14 
or by-product derived therefrom which is ascertained to have been taken from the 
15 
Mt. Balatukan Range Natural Park; 
16 
(4) Undertakes mineral exploration or extraction within the Mt. Balatukan 
17 
Range Natural Park; 
18 
(5) Engages in quarrying of sand, gravel, guano, limestone or any material 
19 
within the Mt. Balatukan Range Natural Park; 
20 
(6) Hunts, collects, removes or destroys any endangered or protected 
21 
species, except when collection or removal is for scientific research and exempted 
22 
from the prohibition by the PAMB; 
23 
(7) Conducts bioprospecting within the Mt. Balatukan Range Natural Park 
24 
without the necessary permit; or 
25 
(8) Establishes or introduces any exotic species, within the Mt. Balatukan 
26 
Range Natural Park, which are detrimental to endemic species and the ecosystem 
27 
therein. 
28 
(B) A fine of not less than Five thousand pesos (P5,OOO.OO) nor more than 
29 
Five hundred thousand pesos (P500,OOO.OO) and/or imprisonment from one (1) 
30 
year but not more than six (6) years shall be imposed upon any person who: 
3 I 
(1) Violates any rules and regulations in the management plan or by the 
32 
PAMB or agreements reached before the PAMB in the exercise of adjudicative 
33 
functions; 
34 
(2) Erects any structure on land or on water for any purposes outside the 
35 
management plan, duly allowed by the PAIvlB: Provided, That large-scale private 
36 
infrastructure and other projects such as medium to high density residential 
37 
subdivisions, medium to large commercial and industrial establishments, golf-
15 


1 
courses, heavily mechanized commercial and non-traditional farming, and other 
2 
activities that cause increased in-migration and resource degradation are 
3 
absolutely prohibited; 
4 
(3) Possesses a chainsaw, hacksaw and other mechanized equipment within 
5 
the Mt. Balatukan Range Natural Park without a permit; 
6 
(4) Throws, dumps or causes to be dumped into the Mt. Balatukan Range 
7 
Natural Park any non-biodegradable material or waste whether liquid, solid or gas; 
8 
(5) Uses, dumps, places or causes to be placed into the Mt. Balatukan 
9 
Range Natural Park toxic chemicals, including pesticides and other hazardous 
10 
substances, unless the same is expressly allowed in the management plan; 
11 
(6) Prospects, hunts or otherwise locate! hidden treasures within the Mt. 
12 
Balatukan Range Natural Park; 
13 
(7) Informally occupies or dwells in any land within the Mt. Balatukan Range 
14 
Natura,1 Park without clearance from the PAMB; 
15 
(8) Possesses or uses blasting caps or explosives anywhere within the Mt. 
16 
Balatukan Range Natural Park; 
17 
(9) Destroys, excavates, vandalizes or, in any manner, damages any natural 
18 
formation on land, religious, spiritual, historical sites, artifacts and other objects of 
19 
natural or scenic value; 
20 
(10) Alters, removes or destroys boundary marks or signs; 
21 
(11) Engages in kaingin, or, in any manner, causing forest fires inside the Mt. 
22 
Balatukan Range Natural Park; or 
23 
(12) Purchases, or sells, mortgages or leases lands or other portions of the 
24 
Mt. Balatukan Range Natural Park which are covered by any tenurial instrument. 
25 
Valuation of the damage for this Act shall take into account biodiversity and 
26 
conservation considerations as well as aesthetic and scenic value. Valuation 
27 
assessed by the DENR or the concerned government agency shall be presumed 
28 
correct unless otherwise proven by a preponderance of evidence. 
29 
Any person who shall induce another or conspire to commit any of the illegal 
30 
acts prohibited in this Act or suffer their workers to commit any of the same shall 
31 
be liable in the same manner as the one actually performing the act. 
32 
All conveyances, vessels, equipments, paraphernalia, implements, gears, 
33 
tools and similar devices shall be subject to immediate and administrative 
34 
confiscation, independent of the judicial proceedings by the PASu Office upon 
35 
apprehension, subject however to due process and substantial evidence 
36 
requirements. When legal action is however filed in the regular courts, the said 
37 
conveyances, vessels, equipments, paraphernalia, implements, gears, tools and 
16 


, , 
1 
simHar devices, independent of the administrative proceedings, shall not be 
2 
released until after judgment has been rendered. Proceeds of the sale of all 
3 
objects administratively or judicially confiscated pursuant hereto shall accrue to 
4 
the Mt. Balatukan Range Natural Park Landscape Fund. Procedure for the sale 
5 
thereof shall be promulgated by the PAMB. However, in no case shall any 
6 
confiscated or rescued protected animal' species be sold or in any manner 
7 
disposed of but shall be immediately turned over to the PASu Office for release in 
8 
its natural habitat, subject to existing regulations. 
9 
The penalties specified in this Section will be in addition to the penalties 
10 
contained in RA 9072 (National Caves and Cave Resources Management and 
11 
Protection Act), RA 9147 (WHdlife Resources Conservation and Protection Act), 
12 
and other related laws. 
13 
Conviction for any offense under this Act, of a public officer or officer of the 
14 
law shall carry the accessory penalty of perpetual disqualification from public 
15 
office. 
16 
SEC. 15. Reporting Responsibility. - The PASu, through the PAMB, shall 
17 
submit an annual accomplishment report to the Secretary of the DENR on the 
18 
activities undertaken in the Mt. Balatukan Range Natural Park. 
19 
SEC. 16. Appropriations. - The Secretary shall immediately include in the 
20 
DENR's program the implementation of this Act, the funding of which shall be 
21 
included in the annual General Appropriations Act. 
22 
SEC. 17. Construction and Suppletory Application of EXisting Laws. -
23 
The provisions of this Act shall be construed liberally in favor of achieving 
24 
biodiversity conservation, protection and sustainable development. Provisions of 
25 
Republic Act No. 7586, otherwise known as the National Integrated Protected 
, 
26 
Areas System Act of 1992 and existing forestry laws, and their corresponding 
27 
rules and regUlations not inconsistent hereto shall have the suppletory effect in the 
28 
implementation of this Act. 
29 
SEC. 18. Transitory Provision. -
In order to ensure the recovery and 
30 
restoration of biological diversity and to develop sustainable livelihood 
31 
opportunities for tenured migrants, the DENR shall henceforth cease to issue 
32 
concessions, licenses, permits, clearances, compliance documents or any other 
33 
instrument that allows exploitation and utilization of resources within the Mt. 
34 
Balatukan Range Natural Park untH the management plan shall have been put into 
35 
effect. 
36 
All existing land use and resource use permits within the Mt. Balatukan 
37 
Range Natural Park shall be reviewed and shall not be renewed upon their 
17 


1 
expiration unless consistent with the management plan, as provided herein, and 
2 
upon approval by the PAMB. 
3 
SEC. 19. Repealing Clause. -All laws, decrees, prociamations ... rules and 
4 
regulations inconsistent with this Act are hereby repealed or modified accordingly. 
5 
SEC. 20. Separability Clause. - If, for any reason, any part or section of 
6 
this Act is declared unconstitutional or invalid, such other parts not affected 
7 
thereby shall remain in full force and effect. 
8 
SEC. 21. Effectivity Clause. - This Act shall take effect fifteen (15) days 
9 
after its· complete publication in the Official Gazette or in a national newspaper of 
10 
general circulation available in the Mt. Balatukan Range Natural Park. 
11 
Approved. 
18