FOURTEEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regulur Session 
) 
S E N A T E  
COMMITTEE REPORT NO. 
Submitted jointly by the Committee on Environment and Natural Resources and the 
Committee on Finance on 
OCT - 8 2008 
. 
Re: 
S.No. 
3, 
Recommending its approval in substitution of SB No. 1073 
Sponsor: 
Senator Compafiera Pia S. Cayetano 
MR. PRESIDENT: 
The Committees on Environment and Natural Resources; and Finance, to which 
ferred S. B. No.1073, introduced by Senator Cayetano, (P.), entitled: 
"V 
! 
AN ACT 
ESTABLISHING 
THE 
BESSANG 
PASS 
NATURAL 
MONUMENT/LANDMARK IN THE 
MUNICIPALITY OF 
CERVANTES, ILOCOS AS A PROTECTED AREA AND FOR 
OTHER PURPOSES 
have considered the same and have the honor 
it 
back to the Senate with the 
recommendation that the attached S. B. No. 
, prepared by the Committees, 
entitled: 
AN ACT 
ESTABLISHING 
THE 
BESSANG 
PASS 
NATURAL 
MONUMENTlLANDMARK IN 
THE 
MUNICIPALITY 
OF 
CERVANTES, ILOCOS SUR AS A PROTECTED AREA AND FOR 
OTHER PURPOSES 
be approved in substitution of SB No. 1073 with Senators Cayetano, (P.) and Enrile as 
authors thereof. 
Respectfully submitted: 
C 
CAYETANO 
Committee on Environment and Natural Resources 
Member, Ctte. on Environment 
and Natural Resources 
Member, Committee on Finance 


Coininiffee R&ii 
on MI Hilonq-Hilono Ranoe 
Ctte. on Environment 
LOREN B. LEGARDA 
Vice-Chair, Clte. on Environment 
and Natural Resources 
Member, Ctte. on Finance 
Vice-Chai; Ctte. on Finance 
Member, Ctte on Environment 
and Natural Resources 
eL
GUEL F. ZUBIRI 
w e - C h a i r ,  Ctte. on Environment 
and Natural Resources 
Member. Ctte. on Finance 
” 
Vice-Chair, Ctt& on Finance 
~ O K E R  
P. ARROYO 
Vice-Chair. Ctte. on Finance 
Members. 
ALAN 
~ 
~ P E ~ E R  
~~ ~- .. “COMPARERO” 
~~.~ 
~~~~ 
s. CAYETANO 
~~ .~ 
Member, Cttes. on Environment 
RICHARD J. GORDON 
A4ember. Cttes. on Environment and 
Natural Resources & Finance 
FRANCIS G. ESCUDE 0 
Member, Cttes. on Environment 
and Natural e
c
e
s
 & Finance 
AQUINO 111 
on Environment 
and Natural Resources 
R 
Member, Cttes. on Environment 
and Natural Resources & Finance 
ANTONIO “SONNY” F. TRILLANES IV 
Member, Cttes. on Environment 
and Natural Resources & Finance 
and Natural Res 
/=Ld 
UEL “LITO” M. LAPIDAU 
Member, Ctles. on Environmenfr’ 
and Natural Resources & Finance 
ONG REVILLA, JR. 
on Environment 
& Finance 
PAN 
ON 
tte. on Finance 
Member, Ctte. on Fbance 


Ex-Oficio Members: 
ILINO Q. PIMENTEL, JR 
Minority Floor Leader 
MANNY VILLAR 
Senate President 
Pasay City 


. .  
.> 
. .  . 
.,?': 
., .~ 
:f.&; ;&'J\fygAfiy 
FOURTEENTH CONGRESS OF THE 
) 
Second Regular Session 
) ) 
8 
OCT -8 i' 1 :!jri 
REPUBLIC OF THE PHILIPPINES 
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SENATE 
S. B. No. 
(In substitution of S.B. No. 1073) 
Prepared by the Committees on Environment and Natural Resources and Finance; with 
Senators Cayetano (P.) and Enrile as authors thereof 
AN ACT 
ESTABLISHING THE BESSANG PASS NATURAL MONUMENTlLANDMARK IN THE 
MUNICIPALITY OF CERVANTES, ILOCOS SUR AS A PROTECTED AREA AND 
FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION. 1. Title. - This Act shall be known as the "Bessang Pass Natural 
SEC. 2. Declaration of Policy. - Cognizant of the unique Biological Resources 
and the aesthetic, economic and ecological importance of BPNML, it is hereby declared 
the policy of the State to protect and preserve its natural Biodiversity and to promote the 
welfare of the human communities therein, their culture and way of life insofar as they 
are in harmony with nature. It shall further be the policy of the State to promote the 
BPNML, with the end view of fostering widespread awareness and concern for the 
same. Towards this end, the state shall undertake to carry out comprehensive and 
holistic promotions, training and information campaign programs for the benefit of the 
general public, in pursuance of the duty of the State to uphold the primacy of protecting, 
preserving and promoting these resources. 
Finally, it shall be the policy of the State to encourage the participation of the 
private sector and the Local Government Units in the protection, preservation and 
promotion of the BPNML. 
SEC. 3. Definition of Terms. - For purposes of this Act, the following terms 
Monument/Landmark (BPNML) Act of 2008." 
shall be defined as follows: 
(a) "Ancestral Domain" refers to all areas generally belonging to Indigenous 
Cultural Communities or Indigenous People (ICCs/lPs) comprising lands, inland waters, 
coastal areas, and natural resources therein, held under a claim of ownership, occupied 
or possessed by the ICCsllPs, by themselves or thru their ancestors, communally or 
individually since time immemorial, continuously to the present except if interrupted by 


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war, force majeure or displacement by force, deceit, stealth or as a consequence of 
government projects or any other voluntary dealings entered into by government or 
public individualslcorporations, and which are necessary to ensure their economic, 
social and cultural welfare. It shall include ancestral lands, forests, pasture, residential, 
agricultural, and other lands individually owned whether alienable and disposable or 
otherwise, Hunting grounds, burial grounds, worship areas, bodies of water, Mineral and 
other natural resources, and lands which may no longer be exclusively occupied by 
ICCsllPs but from which they traditionally had access to for their subsistence and 
traditional activities, particularly the home ranges of ICCsllPs who are still nomadic 
and/or shifting cultivators; 
(b) "Biodiversity" refers to variety and variability among living organisms and the 
ecological complexes in which said organisms occur; 
(c) "Biological Resources" include genetic resources, organisms or parts thereof, 
population, or any other biotic component of ecosystems with actual or potential use or 
value for humanity; 
(d) "Bioprospecting" means the research, Collection and utilization of biological 
and genetic resources for purposes of applying the knowledge derived therefrom solely 
for commercial purposes; 
(e) "Buffer Zone" refers to identified areas outside the boundaries of and 
immediately adjacent to designated BPNML pursuant to Section 8 of the NIPAS Act 
that need special development control in order to avoid or minimize harm to the 
BPNML; 
(9 "By-products or Derivatives" mean any part taken or substance extracted from 
Wildlife, in raw or in processed form. This includes stuffed animals and herbarium 
specimens; 
(9) "Collection or collecting" refers to the act of gathering or harvesting Wildlife, its 
(h) "Conservation" means preservation and sustainable utilization of Wildlife, 
(i) "Endangered Species" refer to species or subspecies of flora and fauna that is 
not critically endangered but whose survival in the wild is unlikely if the causal factors 
continue operating: 
By-products or Derivatives; 
andlor maintenance, restoration and enhancement of the Habitat; 
(j) "Endemic Species" refer to species or subspecies of flora and fauna which is 
naturally occurring and found only within specific areas in the country; 
(k) "Exotic Species" refer to species or subspecies of flora and fauna which do not 
naturally occur within the Protected Area at present or in historical time; 
(I) "Habitat" means a place or type of environment where a species or subspecies 
naturally occurs or has naturally established its population: 
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(m) "Hunting" refers to Collection of wild fauna for food and/or recreational 
purposes with the use of weapons such as guns, bow and arrow, spear and the like; 
(n) "Indigenous Cultural Communities or Indigenous People (ICCI IPS)" refer to a 
group of people or homogenous societies identified by self-ascription and ascription by 
others, who have continuously lived as organized community on communally bounded 
and defined territory, and who have, under claims of ownership since time immemorial, 
occupied, possessed and utilized such territories, sharing common bonds of language, 
customs, traditions and other distinctive cultural traits, or who have, through resistance 
to political, social and cultural inroads of colonization, non-indigenous religions and 
cultures, became historically differentiated from the majority of Filipinos. IPS shall 
likewise include peoples who are regarded as indigenous on account of their descent 
from the populations which inhabited the Country, at the time of conquest or 
colonization, or at the time of inroads of non-indigenous religions and cultures, or the 
establishment of present state boundaries, who retain some or all of their own social, 
economic, cultural and political institutions, but who may have been displaced from their 
traditional domains or who may have resettled outside their Ancestral Domains; 
(0) "Management Plan" refers to the fundamental plan, strategy andlor scheme 
which shall guide all activities relating to the BPNML in order to attain the objectives of 
this Act: 
(p) "Mineral" refers to all naturally occurring inorganic substance in solid, gas, 
liquid, or any intermediate state including energy materials such as coal, petroleum, 
natural gas, radioactive materials, and geothermal energy: 
(9) "Multiple-Use Zone" refers to an area where settlement, traditional and/or 
sustainable land use, including agriculture, agro-forestry, extraction activities and other 
income generating or livelihood activities, may be allowed to the extent prescribed in the 
Integrated Protected Area Plan (IPAP)/ Protected Area Management Plan (PAMP); 
(r) "National Integrated Protected Areas System (NIPAS)" refers to the 
classification and administration of all designated Protected Areas to maintain essential 
ecological processes and life-support systems, to preserve genetic diversity, to ensure 
sustainable use of resources found therein, and to maintain their natural conditions to 
the greatest extent possible; 
(s) "National Park refers to the land of the public domain classified as such in the 
1987 Constitution which include all areas under the NIPAS pursuant to R.A. 7586 
primarily designated for the Conservation of native plants and animals, their associated 
Habitats and cultural diversity; 
(t) "Natural Monument" refers to a relatively small area focused on protection of 
small features to protect or preserve nationally significant natural features on account of 
their special interest or unique characteristics: 
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(u) "Non-Government Organization (NGO)" refers to an agency, institution, 
foundation or a group 
of 
persons whose 
purpose is to 
assist peoples 
organizationslassociations in various ways including, but not limited to, organizing, 
education, training, research andlor resource accessing; 
(v) "People's Organization (PO)" refers to a group of organized migrant 
communities and or interested indigenous peoples which may be an association, 
cooperative, federation, or other legal entity, established to undertake collective action 
to address community concerns and needs, and mutually share the benefits of the 
endeavor; 
(w) "Protected Area (PA)" refers to any identified portions of land and water set 
aside by reason of their unique physical and biological significance, managed to 
enhance biological diversity and protected against destructive human exploitation; 
(x) "Protected Area Management Board (PAMB)" refers to a multi-sectoral policy- 
making body for Protected Areas created in accordance with RA 7586 or the NIPAS Act 
of 1992; 
(y) "Protected Area Superintendent (PASu)" refers to the chief operating DENR 
(z) "Quarrying" means the process of extracting, removing and disposing quarry 
officer in the BPNML; 
resources found on or underneath the surface of private or public land; 
(aa) "Special Use Zone" refers to an area containing existing installations of 
national significance, such as telecommunication facilities, irrigation canals or electric 
power lines; 
(bb) "Sustainable Use" means the use of components of biological diversity in a 
way and rate that does not lead to the long-term decline of biological diversity, thereby 
maintaining its potential to meet the needs and aspirations of present and future 
generations; 
(cc) "Tenured Migrants" refers to forest occupants who have actually and 
continuously occupied a portion of the BPNML and is solely dependent therein for 
subsistence. 
A BPNML occupant is understood to be "solely dependent for 
subsistence" when everything indispensable for survival for the household, including 
food, clothing, shelter and health, comes only from the utilization of resources from the 
BPNML; and 
(dd) "Wildlife" means wild forms and varieties of flora and fauna, in all 
developmental stages, including those which are in captivity or are being bred or 
propagated. 
SEC. 4. Scope and Coverage. - Pursuant to R. A. No. 7586 otherwise known as 
the National Integrated Protected Areas System Act of 1992 (NIPAS Act), Bessang 
Pass which is located within the Municipality of Cervantes, Province of llocos Sur, is 
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hereby declared as permanent component of the NlPAS under the category of Natural 
MonumentlLandmark. The boundaries of BPNML shall be as follows: 
Beginning at a point mark "I" on the map being S 66" 00' W 3,300 meters from 
Corner I O ,  Project No. 13, Block 23 of A & D, LC Map No. 1276; 
Thence 
N 20"33'16" E 
1,378.61 m to 
Corner 
2; 
Thence 
N 69" 26' 03" E 
748.68 m. to 
Corner 
3; 
Thence 
S 78" 25' 37" E 
1,638.91 m to 
Corner 
4; 
Thence 
S 20" 56' 52" W 
3,398.48 m to 
Corner 
5; 
Thence 
N 61' 42' 05" W 
948.03 m 
to 
Corner 
6; 
Thence 
S 70" 33' 48" W 
631.17 m 
to 
Corner 
7; 
Thence 
N 46" 50' 14" W 
535.10 m 
to 
Corner 
8; 
Thence 
N 28" 01' 24" W 
292.90 m 
to 
Corner 
9; 
Thence 
N 64" 40' 35" W 
352.89 m 
to 
Corner 
10; 
Thence 
N 49" 26' 0 6  E 
490.84 m 
to 
Corner 
11; 
Thence 
N 64" 25' 41" E 
659.42 m 
to 
Corner 
12; 
Thence 
N 38" 54' 52" W 
424.16 m 
to 
Corner 
13; 
the point of beginning containing an area of Six Hundred Ninety-Three and 
32/100 (693.32) hectares. 
The technical description provided in this Act shall be subject to ground survey 
and demarcation by the DENR upon the effectivity of this Act. Any modification of the 
coverage of this Act due to such factors as changing ecological situations, new scientific 
or archeological findings, or discovery of traditional boundaries not previously taken into 
account shall be made through an act of Congress, after consultation with the affected 
public and concerned government agencies. 
SEC. 5. 
Establishment of Bessang Pass Natural MonumenULandmark 
Buffer Zone. - There shall also be established Buffer Zone for the BPNML more 
particularly described as follows: 
Beginning at a point marked "I" on the map which is identical to Corner "I" of the 
Bessang Pass Natural Monument/ Landmark: 
Thence 
S 39" 25' 33" E 
423.74 m 
to 
Corner 2; 
Thence 
S 64" 36' 2 6  W 
594.36 m 
to 
Corner 3; 
Thence 
S 49" 28' 50" W 
486.42 m 
to 
Corner4; 
Thence 
S 65" 0 9  4 2  E 
353.94m 
to 
Corner 5; 
Thence 
S 28" 30' 53" E 
282.05 m 
to 
Corner 6; 
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Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
S 47" 21' 05" E 
N 70" 20' 1 3  E 
S62"11'41"E 
N 21" 0 9 1 6  E 
S 78" 00' 50" E 
S 19" 50' 34" W 
N 61 ' 48' 02" W 
S 69" 3 9  2 2  W 
N 46" 38' 29" W 
N 27" 28' 3 8  W 
N 64" 50' 04" W 
N 64" 50' 0 4  W 
N 50" 30' 41 " E 
N 38" 33' 59" W 
N 21" 39' 12" E 
S 74" 03' 35" E 
S 20" 20' 38" W 
535.22 m 
636.30 m 
950.43 m 
3,426.93 m 
505.80 m 
4,012.37 m 
1,255.92 m 
623.72 m 
910.10 m 
218.41 m 
355.95 m 
514.15 m 
1,178.64 m 
376.64 m 
952.02 m 
505.78 m 
838.32 m 
to 
to 
to 
to 
to 
to 
to 
to 
to 
to 
to 
to 
to 
to 
to 
to 
to 
Corner 7; 
Corner 8; 
Corner 9; 
Corner 10; 
Corner 11; 
Corner 12; 
Corner 13; 
Corner 14; 
Corner 15; 
Corner 16; 
Corner 17; 
Corner 18; 
Corner 19; 
Corner 20; 
Corner 21; 
Corner 22; 
Corner 23, the point 
of beginning containing an containing an area of Four Hundred Twenty-Seven 
and 79/100 (427.79) hectares subject to ground verification and demarcation by 
the DENR upon the effectivity of the Act. 
SEC. 6. Land Classification. - All lands of the public domain comprising the 
Bessang Pass Natural MonumenVLandmark shall fall under the classification of 
National Park as provided for in the Philippine Constitution. 
SEC.7. Management of Bessang Pass Natural MonumenULandmark. - There is 
hereby created a Management Board which shall have sole jurisdiction, power and 
authority over the BPNML for all matters that may affect Biodiversity Conservation, 
protection and sustainable development. It shall be composed of: 
(1) The Regional Executive Director (RED) of the Department of Environment and 
Natural Resources Regional Office No.1 (DENR I), as chairperson; 
(2) The Provincial Planning and Development Officer (PPDO) of llocos Sur; 
(3) The Mayor of the Municipality of Cervantes or hislher duly designated 
(4) One representative from each barangay covering the BPNML; 
(5) At least three (3) representatives from the local Non-Government 
Organizations (NGOs) with stakes in the BPNML and preferably with track records 
related to the protection and management of the Protected Area, to be chosen from 
among themselves; 
representative; 
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(6) At least two (2) representatives from local People's Organization (POs) with 
stakes in the BPNML and preferably with track records related to the protection and 
management of the Protected Area, chosen from among themselves; 
(7) One representative from each tribal community within the BPNML; and 
(8) One representative from government agencies involved in the BPNML 
Each member of the Management Board shall serve for a term of five (5) years 
and shall be considered to represent his or her sector and deemed to carry the vote of 
such sector in all matters. In the case of members who are government officials, their 
appointment shall be co-terminus with their term of office. 
management, as needed. 
The members of the Management Board shall be appointed by the Secretary of the 
DENR in conformity with the provisions of the NIPAS Act. As a transitory provision, the 
initial members of the Management Board shall be nominated from the current 
members of the interim Management Board of the BPNML. Provided, that at least one- 
third (113) of the members shall be women. Representation shall be by institution and 
shall aim to achieve balance in representation by geographic location or areas. 
The representatives from the Local Government Units (LGUs) and national 
agencies in the Management Board shall include among their duties, the duty to inform 
their respective constituents, office or sector of Management Board approved or other 
relevant policies, rules, regulations, programs and projects and, to ensure that the 
provisions of this Act, NIPAS Act and its Implementing Rules and Regulations are 
observed, complied with, and used as reference and framework in their respective 
plans, policies, programs and projects. Failure to comply with the foregoing shall subject 
such representative to disciplinary action as the Management Board may provide. 
The members of the Management Board shall not receive any salary but shall be 
entitled to reimbursements for actual and necessary expenses incurred, either in their 
attendance in meeting of the Management Board or in connection with other official 
business authorized by a resolution of the Board, subject to existing rules and 
regulations. 
SEC. 8. Powers and Functions of the BPNML Management Board. -The 
Management Board, which shall decide by consensus or majority vote, shall have the 
following roles and responsibilities in addition to the duties and functions provided under 
RA 7586 or the NIPAS Act of 1992 and its implementing rules and regulations: 
(1) 
(2) Issue rules and regulations for the resolution of conflicts through appropriate 
Issue all rules and regulations to prohibit acts that may be prejudicial to the 
BPNML and to the declaration of policy set forth under the NIPAS; 
and effective means: 
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(3) Adopt rules and procedures in the conduct of business, including the creation 
(4) Approve the Management Plan and oversee the office of the PASu; 
(5) Establish criteria and set fees for the issuance of permits for activities regulated 
(6) 
of committees to whom its powers may be delegated; 
by this Act or the Management Plan; 
Recommend the deputization of appropriate individuals, including local 
community leaders for the enforcement of this Act and other laws, rules and regulations 
governing conduct in the BPNML and its Buffer Zone; 
(7) Approve fees and charges in accordance with existing policies and guidelines 
(8) Report to the DENR, on a quarterly basis, the status of the implementation of 
this Act, with emphasis on the disbursement of funds appropriated for the execution of 
the various policies and programs hereunder, and on the status of cases for the 
prosecution of the violations of this Act; 
and raise funds for the BPNML; 
(9) Formulate programs for the promotion, training and information dissemination 
pertaining to the BPNML and its significance as a vital natural resource of the country. 
(IO) Manage the allocation of the BPNML Fund, and other funds for the BPNML, 
ensure their proper administration and render accounting; and 
(1 1) Recommend appropriate policy reforms to the DENR and other government 
authorities. 
The DENR, through the RED, shall ensure that the Management Board acts within 
the scope of its powers and functions. In case of conflict between administrative orders 
issued by the DENR pursuant to the NIPAS Act and the resolutions issued by the 
Management Board, such conflict shall be referred by the Management Board to the 
Secretary of the DENR who shall decide whether to apply the rule or withdraw its 
application from the BPNML. The decision of the Secretary shall be guided by a 
preference to local initiative and specific policies enacted by the Management Board. 
SEC. 9. The Protected Area Superintendent (PASu) Office. - The PASU Office 
is hereby created within the DENR regional office to be headed by the PASu who shall 
serve as the chief operating DENR officer of the entire BPNML. The PASu shall be 
accountable to the Management Board. 
The PASu shall have full responsibility for the protection of land, water, Wildlife 
and other natural physical and Biological Resources within the BPNML. As such, the 
PASu shall have the following duties and responsibilities in addition to those provided 
under the NIPAS Act and its implementing rules and regulations: 
(1) Establish, operate and maintain a database management system as decision 
support tool; 
(2) Initiate the preparation of the Management Plans as herein defined; 
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(3) Provide a secretariat for the Management Board and provide the Management 
Board with all the necessary and timely information to make appropriate decisions for 
the implementation of this Act; 
(4) Enforce the laws, rules and regulations relevant to the BPNML, institute and file 
legal action independently or in collaboration with other government agencies or 
organizations and assist in the prosecution of offenses committed in violation of this 
Act; 
(5) Monitor all activities within the BPNML to ensure its conformity with the 
Management Plan; 
formulated by the Management Board; 
(6) Implement the promotion, training and information campaign programs as 
(7) Report to the Management Board, on a quarterly basis, the status of the 
implementation of the various programs under this Act, such as, but not limited to, the 
database management system, the Management Plan of the BPNML, and the 
enforcement of the laws, rules and regulation relevant to the BPNML and the 
prosecution of the violations thereof; 
criteria established by the Management Board; 
programs, and projects at all the concerned national and LGU levels; and 
(8) 
Recommend the issuance of permits based on terms, conditions and 
(9) Ensure the integration of the BPNML management policies, regulations, 
(IO) Perform such other functions as the Management Board may delegate. 
The PASu shall be supported by a sufficient number of personnel who shall be 
performing day to day management, protection and administration of BPNML. Upon the 
recommendation of the Management Board, the DENR RED shall deputize local 
community leaders and environment and natural resource officers. 
SEC.lO. 
Existing 
Facilities 
Within 
the 
Bessang 
Pass 
Natural 
MonumenULandmark. - Within sixty (60) days from the effectivity of this Act, major 
existing facilities such as roads, buildings, water systems, transmission lines, 
communication facilities, heavy equipment, and irrigation facilities existing within the 
boundaries of the BPNML shall submit project description to the Management Board 
through the PASu. 
The Management Board, with the assistance of the DENR, shall determine 
whether the existence of such facility and its future plan and operations will be 
detrimental to the BPNML or whether conditions for its operation shall be imposed. If 
any such conditions are violated, the owner of the facility shall be liable to pay a fine of 
Five thousand pesos (P5,OOO.OO) for every violation. Upon reaching a total fine of Five 
hundred thousand pesos (P500,000.00), the Management Board through the PASu and 
deputizing other government entities, shall cause the cessation and demolition of the 
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facility at the cost of its owner. 
Existing facilities allowed to remain within the BPNML may be charged a 
reasonable royalty by the DENR. All income from such royalty shall accrue to the 
BPNML Fund. 
SEC. 11. Bessang Pass Natural MonumenffLandmark (BPNML) Fund. - There 
is hereby established a revolving fund to be known as the BPNML Fund for purposes of 
financing projects of the BPNML. Income shall be derived from visitors/tourists fees, 
fees from permitted sale and export of flora and fauna and other resources from the 
BPNML, proceeds from registration and lease of multiple-use areas including tourism 
concessions, fees, proceeds, and contributions from industries and facilities directly 
benefiting from the BPNML, and such other fees and incomes derived from the 
operation of the BPNML. Provided, That the seventy-five (75%) percent shall be set 
aside and retained by the Management Board of BPNML which shall appropriate the 
same exclusively for the management and operation of the BPNML. Provided, further, 
that the remaining twenty-five (25%) shall be remitted to the Integrated Protected Areas 
Fund (IPAF) established in the NlPAS Act of 1992. 
The BPNML fund may be augmented by grants, donations, endowment from 
various sources, domestic or foreign, for purposes related to their functions: Provided, 
That disbursements therefrom shall be made solely for the protection, maintenance, 
administration and management of the system, and duly approved projects endorsed by 
the Management Board in accordance with existing accounting and budgeting rules and 
regulations: 
Provided, further, That the fund shall not be used to cover personal 
services expenditures. 
The LGUs shall continue to impose and collect all other fees not enumerated 
herein which they have traditionally collected, such as business permits, property tax 
and rentals of LGUs’ facilities. 
Furthermore, LGUs may charge add-ons to fees 
imposed by the Management Board: Provided, That such add-ons shall be determined 
based on the contribution of the LGUs in the maintenance and protection of the BPNML. 
SEC. 
12. 
Tenured 
Migrants 
and 
Other 
Bessang 
Pass 
Natural 
MonumenffLandmark Occupants. -Tenured Migrants shall be eligible to become 
stewards of portions of lands within allowable zones of the BPNML. The Management 
Board shall identify, verify and review all tenurial instruments, land claims, and 
issuances of permits for resource use within the BPNML and recommended the 
issuance of the appropriate tenurial instruments or permits consistent with the zoning 
provided in the Management Plan and its successor plans. 
Should areas occupied by Tenured Migrants be designated as zones in which no 
occupation or other activities are allowed pursuant to the attainment of sustainable 
development, provision for the transfer of said Tenured Migrants to Multiple-Use Zones 
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or Buffer Zones shall be accomplished through just and humane means. 
In the event of termination of a tenurial instrument for cause or by voluntary 
surrender of rights, the PASu shall take immediate steps to rehabilitate the area in 
order to return it to its natural state prior to the cultivation or other act by the Tenured 
Migrant. 
Other BPNML occupants who do not qualify as Tenured Migrants shall be 
resettled outside the BPNML as determined by the Management Board. The 
Management Board shall determine, plan and implement a definite schedule for 
resettling them outside of the BPNML following the requirement and procedures set 
forth by existing laws, rules and regulation. 
SEC. 13. lndigenous People’s Rights. - Ancestral Domain and other customary 
rights and interests of indigenous communities within the BPNML shall be accorded due 
recognition. The preservation of Ancestral Domain and customary rights shall be 
considered as one of the management objectives of the BPNML. The maintenance, 
management and development of Ancestral Domains within the BPNML shall be 
pursuant to Section 58 of Republic Act No. 8371, otherwise known as the “The 
Indigenous Peoples Rights Act of 1997 (IPRA)”. 
The identification, delineation and recognition of Ancestral Domain claims within 
the BPNML shall be conducted by the National Commission on Indigenous Peoples 
(NCIP) pursuant to the provisions the IPRA, and its implementing rules and regulations, 
in close coordination and cooperation with the Management Board. 
Prohibited Acts and Penalties. - The following prohibitions and 
penalties shall be applicable to the BPNML, in addition to the prohibited acts as 
provided in the NIPAS Act and its pertinent rules and regulations: 
SEC. 14. 
(A) 
The penalties in Articles 309 and 310 of the Revised Penal Code, 
depending on the value of the resources involved in connection with the prohibited act, 
shall be imposed upon any person who: 
(1) Takes, destroys, collects, disturbs or possesses any wild terrestrial or aquatic 
plants or animals, flora or fauna, sand, rocks or By-products derived therefrom, within 
particularly identified regulated or prohibited areas zones in the BPNML including 
private lands without the necessary permit, authorization or exemption: Provided, That 
Hunting of animals shall be absolutely prohibited except for scientific research; 
(2) Cuts, gathers, removes or collects timber or any forest products, within 
particularly identified regulated or prohibited areas or zones in the BPNML including 
private lands without the necessary permit, authorization or exemption; 
(3) Possesses or transports, within or outside the BPNML any timber, forest 
products, wild terrestrial or aquatic plants, animals, flora or fauna, or by-product derived 
therefrom which is ascertained to have been taken from the BPNML: 


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(4) Undertakes Mineral exploration or extraction within the BPNML; 
(5) Engages in Quarrying of sand, gravel, guano, limestone or any material within 
(6) Hunts, collects, removes or destroys any endangered or protected species, 
except when Collection or removal is for scientific research and exempted from the 
prohibition by the Management Board; 
(7) Conducts Bioprospecting within the BPNML without prior Management Board 
approval in accordance with existing guidelines; or 
the BPNML; 
(8) Establishes or introduces Exotic Species within the BPNML which are 
detrimental to Endemic Species or without prior Management Board approval. 
(B) A fine of not less than Five thousand pesos (P5,OOO.OO) nor more than Five 
hundred thousand pesos (PSOO,OOO.OO) andlor imprisonment from one (1) year but not 
more than six (6) years shall be imposed upon any person who: 
(1)Violates any rules and regulations in the Management Plan or by the 
Management Board or agreements reached before the Management Board in the 
exercise of adjudicative functions; 
(2) Erects any structure on land or on water for any purposes outside the 
Management Plan: Provided, That large-scale private infrastructure and other projects 
such as medium to high density residential subdivisions, medium to large commercial 
and industrial establishments, golf-courses, heavily mechanized commercial and non- 
traditional farming, and other activities that cause increased in-migration, pollution and 
resource degradation are absolutely prohibited; 
(3) Possesses a chainsaw, hacksaw and other mechanized equipment within the 
BPNML without a permit; 
(4)Throws, dumps or causes to be dumped into the BPNML any non- 
biodegradable material or waste whether liquid, solid or gas; 
(5) Uses, dumps, places or causes to be placed into the BPNML toxic chemicals, 
including pesticides and other hazardous substances, unless the same is expressly 
allowed in the Management Plan; 
(6) Prospects, hunts or otherwise locates hidden treasures within the BPNML; 
(7) Informally occupies or dwells in any land within the BPNML without clearance 
(8) Possesses or uses blasting caps or explosives anywhere within the BPNML; 
(9) Destroys, excavates, vandalizes or, in any manner, damages any natural 
formation on land, religious, spiritual, historical sites, artifacts and other objects of 
natural or scenic value; 
from the Management Board; 
( I O )  Alters, removes or destroys boundary marks or signs; 
(11) Engages in kaingin, or, in any manner, causing forest fires inside the BPNML; 
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or 
(12) Purchases, or sells, mortgages or leases lands or other portions of the 
Valuation of the damage for this Act shall take into account Biodiversity and 
Conservation considerations as well as aesthetic and scenic value. Valuation assessed 
by the DENR or the concerned government agency shall be presumed correct unless 
otherwise proven by preponderant evidence. 
BPNML which are covered by any tenurial instrument. 
Any person who shall induce another or conspire to commit any of the illegal acts 
prohibited in this Act or suffer their workers to commit any of the same shall be liable in 
the same manner as the one actually performing the act. 
All conveyances, vessels, equipments, paraphernalia, implements, gears, tools 
and similar devices shall be subject to immediate and administrative confiscation, 
independent of the judicial proceedings by the PASu Office upon apprehension, subject 
however to due process and substantial evidence requirements. When legal action is 
however filed in the regular courts, the said conveyances, vessels, equipments, 
paraphernalia, implements, gears, tools and similar devices, independent of the 
administrative proceedings, shall not be released until after judgment has been 
rendered. Proceeds of the sale of all objects administratively or judicially confiscated 
pursuant hereto shall accrue to the BPNML Fund. Procedure for the sale thereof shall 
be promulgated by the Management Board. However, in no case shall any confiscated 
or rescued protected animal species be sold or in any manner disposed of but shall be 
immediately turned over to the PASu office for release in its natural Habitat, subject to 
existing regulations. 
The penalties specified in this Section shall be in addition to the penalties 
contained in R.A. 9072 (National Caves and Cave Resources Management and 
Protection Act), R.A. 9147 (Wildlife Resources Conservation and Protection Act), and 
other related laws. 
Conviction for any offense under this Act, of a public officer or officer of the law 
shall carry the accessory penalty of perpetual disqualification from public office. 
SEC. 15. Energy and Non-Renewable Resources. - Any exploitation of or 
utilization of Non-Renewable Resources within the BPNML shall not be allowed. Energy 
projects, within the BPNML shall be permitted only through an act of Congress except 
energy from wind, sun, and water sources and not more than one (1) megawatt capacity 
for mini-hydro power: Provided, That these renewal energy projects are established 
outside the strict protection zone, adopt reduced impact technologies, and undergo the 
Environmental Impact Assessment (EIA) system as provided by law: Provided, Further, 
that the Management Board endorsement has been obtained. 
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SEC. 16. Special Prosecutor and Retained Counsel. - Within thirty (30) days 
from the effectivity of this Act, the Department of Justice (DOJ) shall appoint a special 
prosecutor to whom all cases of violation of laws, rules and regulations in the BPNML 
shall be assigned. Such Special Prosecutor shall coordinate with the Management 
Board and the PASu in the performance of hidher duties and assist in the training of 
wardens and rangers in arrest and criminal procedures. The Management Board may 
retain the services of a counsel to prosecute and/or assist in the prosecution of cases 
under the direct control and supervision of the regular or special prosecutor and to 
defend the members of the Management Board, the PASu and the staff, or any person 
assisting in the protection, Conservation and sustainable development of the BPNML, 
against any legal action related to their powers, functions and responsibilities as 
provided in this Act or as delegated or tasked by the Management Board. 
SEC. 17. 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 provided in the annual General Appropriations Act. 
SEC. 18. Reporting Responsibility. - The PASu, through the Management 
Board, shall submit an annual accomplishment report to the Secretary of the DENR on 
the activities undertaken in the BPNML. 
SEC. 19. Construction and Suppletory Application of Existing Laws. - The 
provisions of this Act shall be construed liberally in favor of achieving Biodiversity 
Conservation and environmental protection and sustainable development. Provisions of 
Republic Act No. 7586, otherwise known as the NIPAS Act of 1992 and existing forestry 
laws, and their corresponding rules and regulations not inconsistent hereto shall have 
the suppletory effect in the implementation of this Act. 
SEC. 20. Transitory Provision. - In order to ensure the recovery and restoration 
of biological diversity and to develop sustainable livelihood opportunities for Tenured 
Migrants, the DENR shall henceforth cease to issue concessions, licenses, permits, 
clearances, compliance documents or any other instrument that allows exploitation and 
utilization of resources within the BPNML until the Management Plan shall have been 
put into effect. 
All existing land use and resource use permits within the BPNML shall be 
reviewed and shall not be renewed upon their expiration unless consistent with the 
Management Plan and approved by the Management Board. Moreover, areas 
determined by Wildlife Habitat and potable water sources and reservoirs shall be 
declared protected and Special Use Zones, respectively, and their management and 
uses shall be consistent with the provision of the respective executive orders, 
presidential proclamations and amendments establishing them. 
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SEC. 21. Separability Clause. - If, for any reason, any part or section of this Act 
is declared unconstitutional or invalid, such other parts not affected thereby shall 
remain in full force and effect. 
SEC. 22. Repealing Clause. -All laws, decrees, proclamations, rules and 
regulations inconsistent with the provisions of this Act are hereby repealed or modified 
accordingly. 
SEC. 23. Effectivity Clause. This Act shall take effect fifteen (15) days after its 
complete publication in the Official Gazette or in a national newspaper of general 
circulation available in the BPNML. 
Approved 
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