Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Nineteenth Congress
First Regular Session

HOUSE BILL NO 3695

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

EXPLANATORY NOTE

This Bill had been previously filed during the 18" Congress as House Bill No. 10643
After being substituted as House Bill No, 08335, this Bill was approved by both Committees
on Natural Resources and Appropriations, It passed the Third Reading on 02 February 2
and was transmitted to the Senate on 03 February 2022. However, up to the present, this,
proposed measure did not materialize.

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

TINMR is rich in biodiversity. It prides itself with 64 species of birds, 16 species of
reptiles, 8 species of mammals, 114 species of hard corals, 17 species of soft corals, 9 species
of seagrasses and 26 species of mangroves including hizophoraxlamarckii which can be
found only in Guimaras, Bohol and Masbate. The islets are covered with indigenous plant
species such as Molave, Magtalisay, PandanDagat, Kamachile, Batino, Passi, Duhat and
Pitogo. Among the mangrove forests are Bacauan spp., Avicennia spp. such as Api-api
andBungalon, Pagatpat and Bantigue. Wildlife species found in the area are: Island Flying
Fox, Western Visayas Water Monitor and bird species that include Philippine Pied Fantail,
Yellow-vented Bulbul, Olive-backed Sunbird, Pink-necked Green Pigeon, Pied Triller, White-
collared Kingfisher, Asian Glossy Starling, Buff-eared Brown Dove, Large-billed Crow, Blue
Rock Thrush, Common Emerald Dove, White-breasted Woodswallow, Philippine Coucal,
Philippine Night Jar and Black-naped Ter, Among these birds are some threathened species
such as the Philippine Megapode or Tabon Scrub Fowl which is often observed foraging and
laying eggs in Taklong and in Apugan Islands with their nesting sites sighted in



Kaliruhan.Notable also is the presence of the endemic Philippine Ducks or An
especially in the early morning at Suba Malawig mangrove area. The islets are also covered
with secondary growth and indigenous plant species and some planted trees and agricultural
crops by previous settlers.

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

Itis for this reason that we seek for the approval of this bill :

MA. LUCILL AVA, MD



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

3695

HOUSE BILL NO. _

Introduced by RepresentativeMa. Lucille L. Nava, M.D.

“AN ACT

DECLARING A PARCEL OF LAND LOCATED IN THE
MUNICIPALITY OF NUEVA VALENCIA IN THE PROVINCE OF
GUIMARAS,A PROTECTED AREA, WITH THE CATEGORY OF
NATURAL PARKUNDER THE NATIONAL INTEGRATED
PROTECTED AREAS SYSTEM,TO BE REFERRED TO AS THE
TAKLONG AND TANDONG GROUP OF ISLANDS NATURAL
PARK, 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.Title—This Act shall be known as the “Taklong and Tandog
Group of Islands Natural Park Act”

SEC. 2.Declaration of Policy.—Cognizant of the profound impact of
human activities on all components of the natural environment, it is hereby
declared the policy of the State to secure for the Filipino people of present and
future generations, the perpetual existence of all native plants and animals
through the declaration of protected areas under the National Integrated
Protected Areas System (NIPAS) within the classification of national park as
provided for in the Constitution.

In recognition of the richness of the biological resources, both flora and

fauna, that are native and distinct to a parcel of land located in the Municipality


of Nueva Valencia in the Province of Guimaras, as well as their aesthetic and
ecological importance, the said area is hereby declared a protected area with the
category of natural park, and shall hereinafter be referred to as the Taklong and
Tandog Group of Islands Natural Park (TTGINP). As such, the State shall
ensure the conservation, protection, management and rehabilitation of the area
It is likewise recognized that effective administration of this area is possible only
through cooperation among national government, local government units
(LGUs), concerned nongovernmental organizations (NGOs), private entities and
local communities. The use and enjoyment of this area must be consistent with
the principles of biological diversity and sustainable development.

Towards this end, the State shall ensure the full implementation of this
Act, the mobilization of resources for the institutional mechanisms herein
established, and the full scientific and technical support needed for the
conservation of biodiversity and the integrity of the ecosystems, culture and
indigenous practices.

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

a. Bufferzonesrefer to identified areas outside the boundaries of and
immediately adjacent to designated protected areasthat need special
development control in order to avoid or minimize harm to the protected
area;

b. Conservationrefers to any act or acts of preservation and sustainable
utilization of wildlife or maintenance, restoration and enhancement of
habitats;

c. Indigenous cultural communities (ICCs)/Indigenous peoples (IPs)refer to
groups 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;

d, National park referstoland 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;


e. Natural park refers to a relatively large area not materially altered by
human activity where extractive resource uses are not allowed and is

maintained to protect outstanding natural and scenic areas of national or

international significance for scientific, educational, and recreational use;

f. Protected area refers to an identified portion of land and water set aside by
reason of its unique physical and biological significance, managed to
enhance biological diversity and protected against destructive human
exploitation; and

g. Tenured migrants refer to protected area occupants who have been
actually, continuously and presently occupyinga 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.-The TTGINP is comprised
of a parcel of land of the public domain situated in the Municipality of Nueva
Valencia in the Province of Guimaras.All lands of the public domain within the
coverage and scope of the TTGINP shall fall under the classification of national
park as provided for in Article XH, Section 3 of the Constitution.

SEC. 5.Scope and Coverage. — The boundaries of the TTGINP aremore
particularly described as the areabeginning at a point marked “1” on the Map,
which is S 34° 41’ W, 528.49 meters from PRS 92 “GMS 3114” with geographic
coordinates of 10°26'16.53" Latitude and 122°30'45.26" Longitude.situated in

Barangay San Roque, Municipality of Nueva Valencia, Province of Guimaras,

thence S 45°22'E 87.84 meters to corner 2:
thence N 86°28'E 86.93 meters to corner 3;
thence $54°43'W 32.81 meters to corner 4;
thence $29°53'E 78.64 meters to corner 5;
thence S$ 41°20'W 34.08 meters to corner 6;
thence S$ 15°33'W = 202.60 meters to corner 7;
thence S 86°34'W 224.88 meters to corner 8:
thence S$ 41°22)W 47.65 meters to corner 9;
thence S$ 21°22)W 63.21 meters to corner 10;

thence S$ 03°52'W 136.26 meters to corner 11;


thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence

thence

S 09°46' W
N 76°31 E
N 84°05' E
S 87°04 E
S$ 72°31 E
S 30°42" W
S$ 00°47 E
S 33°38' E
S 63°15’ E
S$ 63°04 W
S 14°39' W
S$ 54°21'E
N 43°18' E
S 78°00' E
N17°50'E
S$ 73°17' E
S 34°28' W
S$ 61°20' E
N 68°51 E
S$ 15°47 W
S 40°37 E
S$ 03°55' W
S56
S 38°18" W
S 08°30' E
S 02°44 W
S 89°21 W
S 43°50' W
S$ 11°35'W
S 15°30' W
S 38°44 E
S 68°22'E

277.82

139.33

23.35

160.57
133.86
102.41
170.27
159.82
243,42
118.80
25.34
85.85,
55.93
51.03
105,14
71.28
36.08
Bi
95.06
245.92
182.35
280.92
103.97
100.98
79.50
58.84

meters to corner 12;
meters to corner 13;
meters to corner 14;
meters to corner 15;
meters to corner 16;
meters to corner 17;
meters to corner 18;
meters to corner 19;
meters to corner 20;
meters to corner 21:
meters to corner 22;
meters to corner 23;
meters to corner 24;
meters to corner 25;
meters to corner 26:
meters to corner 27;
meters to corner 28;
meters to corner 29;
meters to corner 30;
meters to corner 31;
meters to corner 32;
meters to corner 33:
meters to corner 34:
meters to corner 35;
meters to corner 36;
meters to corner 37;
meters to corner 38;
meters to corner 39;
meters to corner 40;
meters to corner 41;
meters to corner 42;

meters to corner 43;


thence S71°S0'E 148.32 meters to corner 44;

thence N 60°35'E 82.56 meters to corner 45;
thence S2827E 9: meters to corner 46:
thence S$ 33°21 W 221.81 meters to corner 47;
thence S$ 03°43'E 152.39 meters to corner 48;
thence S157 E 119.44 meters to corner 49;
thence N 49°48'E 125.75 meters to corner 50;
thence N71°32'E 217.63 meters to corner 51;
thence S$ 46°05'E 253.16 meters to corner 52;
thence $00°00'E 826.00 meters to corner 53:

thence  $ 90°00’ W 3650.00 meters to corner 54;

thence  N.00°00'E 3636.00 —_ meters to corner 55;

thence $.89°51'E 2785.43 meters to corner 1,
andcomprisesone thousand one hundred forty-one (1,141) hectares, more or less.

SEC. 6.Establishment of Buffer ZonesThe Secretary of the
Department of Environment and Natural Resources (DENK), upon the
recommendation of the Protected Area Management Board (PAMB) ercated
under Section 7 of this Act. may designate areas surrounding theTTGINP 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 IL
MANAGEMENT MECHANISMS

SEC. 7.Protected Area Management Board (PAMB)-Within ninety
(90)daysfrom the effectivity of this Act, a Protected Area Management Board
(PAMB) shall be created to oversee the management of the TTGINP. The PAMB
shall be composed of the following:

a. DENR Regional Executive Director forRegionVI, as Chairperson;

b. Governor of the Province of Guimaras, as Co-Chairperson;

c. Senators of the Republic of the Philippines who are duly registered


residents of the Province of Guimaras, or their duly designated
representatives, unless the Senators decline the membership in the
PAMB;

d. District Representatives of the Congressional Districts where the
TTGINP is located, or their duly designated representatives, unless the
District Representatives decline the membership in the PAMB;

e. Mayor of the Municipality ofNueva Valencia in the Province of
Guimaras, or a duly authorized representative;

f. Chairpersons of the all the barangays with territorial jurisdiction over
the TTGINP;

g. Regional Directors of the following government agencies, namely:
Department of Agriculture (DA), National Economic and Development
Authority (NEDA), Department of Science and Technology (DOST),
Department of Tourism (DOT), Philippine National Police (PNP), and
Department of National Defense (DND);

h. Three (3) representatives from either NGOs or people’s organizations
(PO), based in the Province of Guimaras, duly accredited both by the
DENR and the provincial government. The NGO or PO represented
should have been in existence for at least five (5) years and must havea
record of accomplishments in the field of protected area management;

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

j. One (1) representative from an academic institution, preferably from a
university or college in the Province of Guimaras, with proven track
recordin or related to protected area management; and

k. One (1) representative from the private sector, preferably a resident of
the Province of Guimaras, who is distinguished in a profession or field
of interest relevant to the protected area 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.Functions of the PAMB.-The PAMB shall have the following
powers and functions:

a, Oversee the management of the TTGINP;

b. Approve policies, plans and programs, proposals, agreements, and other

related documents for the management of the TTGIN!

c. Approve the management plan of the TTGINPand ensure its
harmonization with and integration into the Ancestral Domain
Sustainable Development and Protection Plan, land use plan and other
development plans, public or private, and their 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 the TTGINP;

f, Allocate financial resources for the implementation of the management
plan and manage the Protected Area Retention Income Account and other
funds in accordance with government accounting, budgeting, and auditing
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;

Recommend appropriate policy changes to the DENR and other

government authorities with respect to the management of the TTGINP:
j. Monitor and assess the performance of the Protected Area Superintendent
(PASu) and other protected area personnel and compliance of partners
with the terms and conditions of any undertaking, contract or agreement
relative to any project or activity within the TTGINP;
k, Recommend from among a shortlist of qualified candidates, the

designation or appointment of the PASu; and


1. Assess the effectiveness of the management of the TTGINP;Provided, That
the members of the PAMB representing the LGUs and national agencies
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 the rules and
regulations issued to implement it 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 Director, shall ensure that
the PAMB acts within the scope of its powers and functions. In case of
conflict between the resolutions issued by the PAMB and the existing
administrative orders of national application, the latter shall prevail.
SEC. 9.The Protected Area Management Office (PAMO). — There is

hereby established a Protected Area Management Office (PAMO) to be headed by
a Protected Area Superintendent (PASu) who shall supervise the day to day
management, protection, and administration of the TTGINP. The PASu shall
hold a permanent plantilla position and shall be appointed by the DENR
Secretary. A sufficient number of support staff with permanent plantilla
positions shall likewise be appointed by the DENR Secretary to assist the PASu
in the management of the TTGINP: Provided, That in the appointment of all
PAMO staff, highly qualified residents of the Province of Guimaras, living
proximate to the TTGINP shall be given priority.

The PASu shall be primarily accountable to the PAMB and the DENR for
the management and operations of the TTGINP. 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:


h.

Ensure the integration of the TTGINPmanagement plans, programs,
projects, and policies with relevant national and LGUs’ plans and
programs’

Provide secretariat services to the PAMB and its committees and ensure
the availability of relevant and timely information for decision-making;
Formulate and recommend to the PAMB proposed policies, rules,
regulations, and programs;

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

Enforce the laws, rules and regulations relevant to the TTGINP, 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;

Monitor, evaluate, and report the implementation of management
activities of the TTGINP;

Request for and receive any technical assistance, support or advice from
any agency or instrumentality of the government as well as academic
institutions, NGOs, and the private sector, as may be necessary for the
effective management, protection and administration of the TTGINP;

Issue permits and clearances for activities that implement the
management plan and other permitted activities in accordance with terms,
conditions, and criteria established by the PAMB: Provided, That all
permits for extraction 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 TTGINP: Provided, That such fees, charges, donations, and other
income collectedandreceived 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 the TTGINPbased on the management plan; and
1. 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 IIL
PROCEEDS AND FEES

SEC. 10.TheTaklong and Tandog Group of Islands Natural Park
Fund. - There is hereby established a trust fund to be known as the Taklong
and Tandog Group of Islands Natural ParkIntegrated Protected Area Fund
(TTGINP-IPAF) for purposes of financing projects of the TTGINP and the
NIPAS, All income generated from the operation and management of wild flora
and fauna in the TTGINP shall accrue to the TTGINP-IPAF. The income shall be
derived from fees from permitted sale and export of flora and fauna and other
resources from the TTGINP, proceeds from lease of multiple-use areas,
contributions from industries and facilities directly benefiting from the TTGINP,
and such other fees and income derived from the operation of the TTGINP.

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 the TTGINP 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: Provided, That the fund shall be deposited
in full as a special account in the National Treasury and disbursements
therefrom shall be made solely for the protection. maintenance, administration

and management of the NIPAS and duly approved projects endorsed by the

1


PAMB in accordance with existing accounting, budgeting and auditing 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’ facil
ARTICLE IV
TRANSITORY AND MISCELLANEOUS PROVISIONS

SEC. 11.Appropriations.- The Secretary of theDENR 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
ofRepublic Act No. 7586 as amended by 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 Nueva Valencia, the
provincial government of Guimaras, 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 with the
provisions not affected thereby shall continue to be in full force and effect.

SEC. 15.Repealing Clause. - Ali laws, decrees, letters of instruction,
executive orders, rules 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,