Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No.2629

Introduced by Honorable LILIA MACROHON-NUNO.

EXPLANATORY NOTE

This Bill seeks to establish the Pasonanca Watershed Forest Reserve in
Zamboanga City as a Protected Area under the category of a natural park, to be
known as the Pasonanca Natural Park.

This Bill was first filed by Congressman Erico Basilio A. Fabian during the 13°”
and 14" Congress and was again filed on July 01, 2010 as H.B. 422 during the 15"
Congress. It was referred to the Committee on Natural Resources, passed the 1°
and 2" Reading and became House Bill No. 4830 Per Committee Report No. 1203
and was pending action in the Senate upon the adjournment of the 15'" Congress.

The Pasonanca Natural Park and its buffer zones are situated in Zamboanga
City, with a total area of 17,414 hectares. It embraces the following areas:
Pasonanca, Lumayang, Tolosa, Bungiao, Dulian, Baluno, Salaan, Cacao, Lunzuran,
La Paz, Lapacan, and Lamisahan. At least 90% of the natural park is still intact
with secondary and primary growth dipterocarp forest. There are cultivated lands,
man-made plantations, grasslands and some built-up area.

It is an initial component of the National Integrated Protected Area System
(NIPAS), being subject of a previous proclamation preceding NIPAS-Proclamation
No, 199, dated December 17, 1987, known as the Pasonanca Watershed Forest
Reserve. It was re-assessed as to its suitability as a protected area under NIPAS
and later covered under Presidential Proclamation No. 132 dated July 5, 1999.

The dense forest is still high in floral and faunal species diversity. The fauna
composition represents diverse species constituting the four (4) classes of
vertebrate forms including the endangered species of Philippine raptors, notably the
Philippine eagle (Pithecopaga jefferyl). The floral composition is diverse and widely
distributed in different types of ecosystems.

The perennial springs/streams/creeks are traversing and ultimately drain the
stretch of the Tumaga River. The park’s watershed is the source of water for
domestic use by the city’s populace as well as for industrial, aquaculture and
irrigation to farmlands. Being the only remaining virgin forest, which is near and
accessible to the center of population, the park faces potential threats brought
about by certain pressures, e.g., increase in population and development.


Approval of this Bill will provide the Pasonanca Natural Park, among other
things, adequate protection and conservation measures, coordinated management
schemes among stakeholders and interest groups, as well as the necessary funding
mechanism for sustainability in its operations. Approval of this Bill is a penultimate
step required under the NIPAS process for the actual ground survey and delineation
of the boundaries of the protected area and the identified management zones.

Similar laws have already been enacted covering natural parks, including the
Northern Sierra Madre Natural Park (R.A. 9125); Mt. Kanlaon Natural Park (R.A.
9154); Mt. Kitanglad Range Protected Area (R.A. 8978); Mt. Apo Protected Area
(R.A. 9237); and Mt. Malindang Range Natural Park (R.A. 9304).

In view of the above, approval of this Bill is earnestly requested.

Ar uses

LILIA MACROHON-NUNO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

9
House Bill No, 2629

Introduced by Honorable LILIA MACROHON-NUNO.

AN ACT ESTABLISHING THE PASONANCA WATERSHED FOREST RESERVE
LOCATED IN ZAMBOANGA CITY AS A PROTECTED AREA UNDER THE
CATEGORY OF NATURAL PARK AND ITS PERIPHERAL AREAS AS BUFFER
ZONES, PROVIDING FOR ITS MANAGEMENT, AND FOR OTHER PURPOSES.

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

CHAPTER I
INTRODUCTORY PROVISIONS

Section 1. Title - This Act shall be known as the Pasonanca Natural Park
Act of 2013.

Section 2. Declaration of Policy. - Considering the importance of the
Pasonanca Watershed Forest Reserve's unique biological resources and_ its
aesthetics, socio-cultural, economic and ecological importance, it is hereby declared
the policy of the state to secure its protection and conservation including those
People and communities residing therein as well as their way of life. For this
reason, the State shall: (a) ensure the protection and conservation of biodiversity;
(b) advance, respect, and protect the customs and interests of its legitimate
inhabitants; and (c) foster partnerships among government, non-government
organizations, and people’s organizations.

Section 3. Definition of Terms For Purposes of this Act, the following
terms are defined as follows:


(a)

(b)

(d)

(e)

“Biodiversity or biological diversity” refers to the variability
among. living organisms, including genetic and structural
differences, between individuals and within and between

species.

“Buffer Zone” refers to identified areas outside the boundaries
of and immediately adjacent to designated protected areas
pursuant to Section 8 of R.A. 7586 (the NIPAS Act) that need
special development control in order to avoid or minimize

harm to the protected area,

“Conservation” refers to the optimum utilization and
management of natural resources in order to meet the needs
and aspirations of the present and the future.

“Environmental Impact” refers to the Environment Impact
Assessment System established under Presidential Decree No,
1586 or supervening legislation.

“Integrated Protected Area Fund (IPAF)” is a trust fund
established for purposes of financing projects of the System.

“Management Plan” refers to the fundamental plan, strategy
and/or scheme which shall guile all activities relating to the
Pasonanca Natural Park in order to attain the objectives of
this Act as stated in Section 2 hereof.

“Multiple Use Zone” refers to areas where settlement,
traditional and/or sustainable land use, including agriculture,
agro-forestry, extraction activities and other income
generating or livelihood activities, may be allowed to the
extent prescribed in the management plan. Land tenure may
be granted to tenured residents, whether indigenous or

community member migrants.

(h) “National Integrated Protected Area System (NIPAS)" is 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.

i) “Natural Park” is a relatively large area not materially altered
by human activity where extractive resource uses are not
allowed, and maintained to protect outstanding natural and
scenic areas of national or international significance for
scientific, educational and recreational use.

(i) “PAMB" refers to the Protected Area Management Board.

(k) “Protected Area” refers to 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.

(1) “Protected Area Superintendent (PASu)’ is the Chief Operating
Officer of the Protected Area.

(m) “Recreation Zone” is an area of high recreational, tourism,
educational or environmental awareness values where eco-
tourism, recreational conservation, education or public

awareness activities may be allowed.

(n) “Restoration Zone” is an area of degraded habitat or where
the long-term goal will be to restore natural habitat with its
associated biodiversity and to rezone the area to a more strict
protection level. Exotic species shall not be used in the

restoration process.

(0) “Stakeholders” refers to individuals, communities, organizations
Or aggrupation of specific interests or sectors which have
particular interest in the achievement of the objective of this
Act or dependence, access, or utilization of resources within
the protected area such as but not limited to the local

government units, people's organizations, non-government


organizations, indigenous cultural communities, the DENR,
and other concerned government agencies.

(p) “Strict Protection Zone" is an area with high biodiversity value
which shall be closed to all human activity except for scientific
studies and/or ceremonial or religious use by indigenous

communities.

(q) “Tenured Migrants Communities” are communities within
protected areas which have been actually and continuously
occupied for five (5) years before the designation of the same
as a protected area in accordance with the NIPAS Act and are

solely dependent therein for subsistence.

(nr) “Trust Fund” is an account maintained in any government
depository bank for a specific purpose.

SECTION 4. Scope — The Pasonanca Natural Park, including its buffer
zone, covers a total area of about 17,414.00 hectares; its technical description
shall be subject to actual ground survey and demarcation. It begins at a point
marked “1” which is S 11 27 W at 1,904.88 meters from FNSP-2S 75 ASHTECH
POINT MONUMENT,

Thence N 36°44 W 670.00 meters to corner 2;
Thence N 36°44’ W 233.86 meters to corner 3;
Thence N 36°44’ W 272.74 meters: to corner 4:
Thence N 36°04’ W 1,774.66 meters to corner 5;
Thence N 36°04 W 1,074.66 meters to corner 6;
Thence N 74°15’ W 1,000.00 meters to corner 7;
Thence N 14°45’ W 338.34 meters to corner 8;
Thence N 38°00" W 1,920.00 meters. to corner 9;
Thence N61°00' W 460.00 meters to corner 10;
Thence N 22°00 W 300.00 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

N 13°00' W

N 14°00’ E

N 50°00"

N 63°00 E
NN 80°00' E
NN 17°00' W
N 53°00' W
N 27°00' W
N11°00' E
N 49°00' E
N 25°00’ E
N 08°00' W
N 22°00'E
NN 17°00' W
N 36°00' E
N 05°00' E
N12°00' E
N 40°00' W
N 26°00' W
NN 54°00' W
N02°00' W
N 11°00° E
N 12°00' W
N 20°00' W
N 30°00" W
N 29°00" W

N 63°00' E

180.00 meters
280.00 meters
220.00 meters
240.00 meters
220.00 meters
220.00 meters
290.00 meters
260.00 meters
220.00 meters
240.00 meters
280.00 meters
260.00 meters
680.00 meters
240,00 meters
210,00 meters
240.00 meters
220 .00 meters
140.00 meters
240.00 meters
290.00 meters
260.00 meters
300.00 meters
360.00 meters
360.00 meters
420.00 meters
1,050.00 meters

1,870.00 meters.

to comer 12;
to corner 13;
to comer 14;
to comer 15;
to corner 16;
to corner 17;
to corner 18;
to corner 19;
to comer 20;
to comer 21;
to comer 22;
to corner 23;
to corner 24;
to corner 25;
to corner 26;
to corner 27;
to comer 28;
to corner 29;
to corner 30;

to corner 31;

to corner 32;

to corner 33;
to corer 34;
to corner 35;
to corner 36;
to corner 37;

to corner 38;


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

Due North
N 62°00 E
N 56°00’ E
N 39°00" E
N 32°00' E
N 10°00' E
N 72°00' E
N 70°00' E
N 09°14 E
N06°02' E
N 15°37" W
N 89°35' E
N 44°05' E
$ 43°07 E
S$ 23°49 E
$ 44°43 E
$ 07°30! E
S 06°34’ W
$ 06°32) W
$ot°07'W
S0Miae
$40°13' E
S$ 37°47 E
S$44°1s'E
$4415 E
$ 44°15' E

$4317 E

50.00 meters
200.00 meters
180.00 meters
140.00 meters
240.00 meters
230.00 meters
160.00 meters
280.00 meters
2,269.30 meters.
2,567.50 meters
2,089.80 meters
3,119.80 meters
2,048.80 meters.

346.10 meters

566.40 meters

273.30 meters
933.20 meters

2

7.30 meters

258.80 meters:

398.40 meters

335.80 meters,

332.50 meters

241.40 meters

242.40 meters

242.40 meters

242.40 meters

282.30 meters

to commer 39;
to corner 40;
to comer 41;
to comer 42;
to comer 43;
to comer 44;
to corner 45;
to corner 46;
to comer 47;
to corner 48;
to corner 49;
to corner 50;
to corner 51;
to corner 52;
to corner 53;
to comer 54;
to corner 55;
to comer 56;
to corner 57;
to comer 58;
to comer 59;
to corer 60;
to comer 61;
to corner 62;
to corner 63;
to corner 64;

to comer 65;


Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

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Thence

Thence

S44 1S E
S$ .45°58' E
$65°5'E
$ 44°50’ E
S410 E
S$ 42°56 E
SAVICE
S41°16' E
S$ 23°41 E
$ 00°04 E
S$ 00°24 E
$ 00°18" W
$ 08°12" W
$4129 W
$5734 W
$ 83°29'W
$ 25°32 W
$ 23°15'W
S$ 34°43 W
S 31°39" W
S$ 38°20 W
S$ 4aea7 W
$ 44°47 W
$ 11°33" W
S$ 19°25" W
$ 06°03" W

S$ 53°20' W

242.40 meters
202.50 meters

67.40 meters
232.30 meters
259.30 meters
199.10 meters
259.20 meters
259.20 meters
374.10 meters
288.40 meters
235,90 meters
351.40 meters
317.60 meters:
324.70 meters
357.60 meters
256.50 meters
357.00 meters
188.40 meters
229.60 meters
324.80 meters
272.30 meters
314.10 meters
314.10 meters
243.00 meters
241.80 meters
632.00 meters

2,308.20 meters

to corner 66;
to corner 67;
to comer 68;
to corner 69;
to comer 70;
to. comer 71;
to corner 72;
to corner 73;
to corner 74;
to corner 75;
to comer 76;
to corner 77;
to comer 78;
to corner 79;
to corner 80;
to corner 81;
to comer 82;
to corner 83;
to comer 84;
to corner 85;
to corner 86;
to comer 87;
to corner 88;
to corner 89;
to comer 90;
to corner 91;

to corner 92;



Thence

Thence

Thence:

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

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Thence

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Thence

Thence

Thence

Thence

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Thence

Thence

S 68°29!

S 74°28 E
S 12°58 E
$ 38°39 W
S$ 00°20' E
S$ 02°00' E
S$ 46°15' W
$ 43°20 E
$50°15' W
$ 31°30" W
$0248 E
$ 72°08 E
S$ 15°00' E
N 16°00' W
N 36°20' W
N 12°45" W
N 56°45" W
N79°30' W
S 19°45 W
$ 24°30" W
S 04°30’ W
$ 04°30 W
$ 19°00 W
S 30°40' W
Due South,
S$ 23°45'W

S 12°20’ W

788.60 meters
815.20 meters
1,268.50 meters

762.10 meters:
1,509.50 meters:
880.00 meters
230.00 meters

50.00 meters,
970.00 meters
240.00 meters
250.00 meters
380.00 meters
850.00 meters
250.00 meters
170,00 meters
260.00 meters:
390.00 meters
370.00 meters
345.00 meters
270.00 meters
350.00 meters
360.00 meters
235,00 meters
425.00 meters
140.00 meters
1,150.00 meters

1,940.00 meters

to comer 93;

to corner 94;

to comer 95;

to corner 96;

to comer 97;

to corner 98,

to corner 99;

to comer 100;
to corner 101;
to comer 102;
to corner 103;
to corer 104;
to corner 105;
to corner 106;
to comer 107;
to corner 108;
to corner 109;
to corner 110;
to corner 111;
to corner 112;
to corner 113;
to corner 114;
to corner 115;
to comer 116;
to corner 117;
to comer 118;

to comer 1;


The point of beginning, containing an area of TWELVE THOUSAND ONE:
HUNDRED SIX AND POINT EIGHTY SEVEN (12,106.87) HECTARES, more or

less.

The Buffer Zone 1 begins at a point marked “corner 1” on the map which is

identical to perimeter corner No. 8 of Pasonanca Natural Park;

Thence 69°23" W 824.69 meters, to comer 2;
Thence S 76°25 W 204.89 meters to corner 3;
Thence N 49°35’ W 673.85 meters to corner 4;
Thence S 69°36 W 240.65 meters to corner 5;
Thence $ 21953 E 366.85 meters to corner 6;
Thence S$ 62°56’ W 285.46 meters to corner 7;
Thence $ 07°09 E 168.99 meters to corner 8;
Thence N 75°17 W 612.49 meters to comer 9;
Thence S 43°18" W 302.14 meters to corner 10;
Thence S 20°06' E 444.36 meters to corner 11;
Thence S$ 82°15 W 235,92 meters to corner 12;
Thence S$ 61°05' W 203.73 meters to corner 13;
Thence N 41°53’ W 233,37 meters to corner 14;
Thence S$ 34°05' W 223.92 meters to corner 15;
Thence N 59°31 W 193.96 meters to corner 16;
Thence N 23°19 E 360.13 meters to corner 17;
Thence N 75°35’ We 252.16 meters to corner 18;
Thence IN 04°05 W 258.45 meters to corner 19;
Thence N 28°31 E 459.08 meters to corner 20;
Thence N 49°35’ W 249.27 meters to corner 21;
Thence N 06°07 We 341.97 meters to corner 22;

Thence N 47°05’ E 138.33 meters to comer 23;


Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

Thence

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S$ 89°34 E
N23°19'E
N 58°32’ W
N 68°40' E
N 07°45’ E
S$ 65°59’ W
N 32°52’ W
N57°10'E
N 06°06' E
N 74°36’ W
N 18°26 E
N 56°47 W
N 85°52’ E
N 02°14 E
N 50°24 E
N 81°45° E
N 42°08 E
S871" E
S$ 22°00’ W
S 08°00' E
S 25°00' W
$ 49°00’ W
S$ 11°00’ W
$ 27°00'E
§ 53°00 E
$ 17°00’ E

$ 80°00’ W

516.03 meters
460.16 meters
204.11 meters
283.53 meters
359.77 meters
224.59 meters
359.10 meters
353.78 meters
239.23 meters
128.11 meters
641.42 meters
560.99 meters
1,012.76 meters
784.28 meters
315.61 meters
165.63 meters
252.67 meters
332.13 meters
680.00 meters
260.00 meters
280.00 meters
240.00 meters
220.00 meters
260.00 meters
290.00 meters
220.00 meters

220.00 meters

to corner 24;
to corner 25;
to corner 26;
to comer 27;
to corner 28;
to corner 29;
to corner 30;
to corner 31;
to corner 32;
to corner 33,
to corner 34;
to corner 35;
to corner 36;
to corner 37;
to corner 38;
to comer 39;
to corner 40;
to comer 41;
to corner 42;
to comer 43;
ry corner 44;
to corner 45;
to corner 46;
to corner 47;
to corner 48;
to corner 49;

to corner 50;


Thence S 63°00 W 240.00 meters to corer 51;

Thence $ 50°00’ W 220.00 meters to corner 52;
Thence S$ 14°00’ W 280.00 meters. to corner 53;
Thence S 13°00'E 180.00 meters to corner 54;
Thence S$ 22°00' E 300.00 meters to corner 55;
Thence $61°00' E 460.00 meters to corner 56;
Thence S$ 38°00 E 1,920.00 meters to corer 1;

The point of beginning containing an area of SIX HUNDRED EIGHTY ONE
(681.00) HECTARES, more or less.

The Buffer Zone 2 begins at a point marked "corner 1" which is identical to
perimeter corner 97 of Pasonanca Natural Park;

Thence — N.00°20' W 1,509.50 meters to corner 2;
Thence ——-N 38°39 E 752.10 meters to comer 3;
Thence ——N-12°58" W 1,268.50 meters _to comer 4;
Thence —-N'74°08' W 815.20 meters to comer 5;
Thence - N68°29" W 788.60 meters to comer 6;
Thence ——N'53°20' E 2,308.20 meters —_to comer 7:
Thence N.06°03'E 632.00 meters to commer 8;
Thence ——N 19°25' E 241.80 meters _to corner 9;
Thence —-N 11°33" E 243.00 meters to comer 10;
Thence N44°47'E 314.10 meters to comer 11;
Thence = N.44°47' E 314.10 meters to. comer 12;
Thence ——-N.38°26' E 272.30 meters to comer 13;
Thence NN 31°39" E 324.80 meters to commer 14;
Thence —-N.34°43' E 229.60 meters to comer 15;
Thence ——-N.23°15'E 188.40 meters _to corner 16;

Thence N 25°32’ E 357.00 meters to corner 17;


Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
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Thence
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Thence
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Thence

N 83°29' E
N 57°34’ E
N 41°29 E
N 08°12’ E
N 00°18 E
N 00°24 W
N.00°04' Ww
N 23°41’ W
N41°16'W
N 41°16’ W.
N 42°56 W
N 41°16 W
N 44°50’ W.
N65°s1' W
N 45°58 W
N 44°15' W
N 43°17 W
N 44°15’ W
N44°15'W
N 44°15'W
N 37°47’ W
N 40°13’ W
NO1°14' W
N01°07'E
N 06°32’ E
N 06°34 E

N 07°30" W

256.50 meters
357.60 meters
324.70 meters
317,60 meters
351.40 meters
235.90 meters
288.40 meters
374.10 meters
259.20 meters
259.20 meters
199.10 meters
259.30 meters
232.30 meters

67.40 meters
202.50 meters
242.40 meters
282.30 meters
242.40 meters
242.40 meters
242.40 meters
241.40 meters
332.50 meters
335.80 meters
398.40 meters
258.80 meters,
227.30 meters

933.20 meters

to corner 18;
to corner 19;
‘to cone 20;
to corner 21;
to corner 22;
to corner 23;
to corner 24;
to corner 25;
to corner 26;
to corner 27;
to comer 28;
to corner 29;
to corner 30;
to corner 31;
to corner 32;
to corner 33;
to corner 34;
to corner 35;
to corner 36;
to corner 37;
to,corrier 38;
to corner 39;
to corner 40;
to corner 41;
to corner 42;
to corner 43;

to corner 44;


273.30 meters
346.10 meters
566.40 meters
2,310.00 meters
2,220.00 meters,
680.00 meters
640.00 meters
960.00 meters

568.00 meters

to comer 45;
to corner 46;
to comer 47;
to corner 48;
to corner 49;
to corner 50;
to comer 51;
to corner 52;

to corner 53;

Following downstream of Cahumban River

Thence N 44°43 W
Thence N 43°07 W
Thence N 23°49" W
Thence N 44°05' E
Thence $ 50°35'E
Thence S$ 17°00 E
Thence S$ 52°50’ W
Thence $ 19°32'E
Thence S 40°05’ W
Thence
S.W. directions.

Thence

S.W. & E directions 6,600.00 meters

Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence
Thence

Thence

Following downstream Manicahan River

S 44°35’ W
$07°50' W
S$ 60°00" W
S 15°00' E
S 26°00' E
S 35°00'E
S 21°00" W
S 80°00’ W
S 75°00’ W
$ 73°25’ W
N 55°00" W
S$ 85°30’ W
S$ 29°00' W

S$ 64°30" W

1,380.00 meters

2,820.00 meters
980.00 meters.
400.00 meters
600.00 meters
890.00 meters
500.00 meters
340.00 meters
260.00 meters
210.00 meters
180.00 meters
118.00 meters
194.00 meters
405.00 meters

360.00 meters

to corner 54;

to comer 55;

to corner 56;
to corner 57;
to corer 58;
to corner 59;
to corner 60;
to corner 61;
to corner 62;
to corner 63; ‘
to corner 64;
to corner 65;
to comer 66;
to comer 67;
to comer 68;

to corner 69;


Thence $ 21°00 W 550.00 meters to corner 70;

Thence S$ 11°00'E 220.00 meters to comer 71;
Thence S 56°15 E 380.00 meters to corner 72;
Thence $ 05°30’ W 400.00 meters to corner 73;
Thence N 88°00’ W 460.00 meters to corner 74;
Thence N 86°00' W 290.00 meters to corner 75;
Thence N 18°00' W 368.00 meters to corner 76;
Thence N67°00' W 230.00 meters to corner 77;
Thence 'N 55°00’ W 200.00 meters to corner 78;
Thence S$ 86°10 W 264.00 meters tocorner 1

The point of beginning containing an area of FOUR THOUSAND SIX
HUNDRED TWENTY SIX (4, 626) HECTARES, more or less.

CHAPTER IL
PROTECTED AREA MANAGEMENT

SECTION 5. Management and Institutional Mechanism ~ The
Management and administration of the Pasonanca Natural Park shall be
consultative and participatory. The sole policy-making body is vested with the
Protected Area Management Board (PAMB), chaired by the DENR Regional
Executive Director of Region IX. Within the PAMB, there will be an Executive
Committee (EXECOM) to which the PAMB may delegate some of its powers and
functions. The PAMB may also create other committees, The Protected Area
Superintendent (PASu) is the DENR chief operating officer of the entire park and
its buffer zones.

SECTION 6. The Protected Area Management Board — The Protected
Area Management Board (PAMB) shall be composed of the following:

a) The Regional Executive Director (RED) of DENR, Region IX, ex
officio, who shall sit as PAMB Chairman, as provided for under
Section 11 (d) of the NIPAS Act;


b)

°)

1)

e)

f)

9)

h)

The Mayor of Zamboanga City or his/her duly designated
representative;

The chairman of the committee on natural resources and
environmental protection of the Sangguniang Panlungsod of
Zamboanga City;

The General Manager of the Zamboanga City Water District
(ZCWD) or his/her duly designated representative;

The Planning and Development Officer of Zamboanga City;

The Barangay Chairmen of Zamboanga City whose areas of
jurisdiction are within the protected area;

Three (3) representatives from Zamboanga City-based non-
government organizations (NGOs) and community
organizations, including People’s Organizations (POs), church
or civic organizations, with interests within the protected
area;

Three (3) representatives from national government agencies
with offices in Zamboanga City, involved in protected area
management or which can contribute to the protection and
conservation of the park;

Three (3) representatives from stakeholders who can assist
and contribute in the protection and Conservation of the park.

In the selection of representatives from POs and NGOs, the following

criteria shall be primarily considered:

a)

b)

°

Active involvement in the ecological conservation,

Preservation, rehabilitation and protection of the park;

Good potential in community organizing and other
development works;

Favorable track record in community work; and

15


d) Duly accredited by the city government of Zamboanga and
the DENR.

SECTION 7. Term of Office of the PAMB Members — Except for
government officials who shall serve ex-officio, every member of the PAMB shall
be appointed by the DENR Secretary and shall serve for a term of five (5) years
without compensation, provided that he/she remains connected with the
organization he/she represents. Whenever a vacancy occurs during the term of a
hon-government PAMB member, a new member shall be chosen in the same
manner as the original selection process, provided, that he/she shall only serve for
the remaining term.

The PAMB members shall be entitled to reimbursement of actual and
necessary traveling and subsistence expenses incurred in attending meetings of
the PAMB or any of its committees, subject to government accounting, auditing,
and budgeting rules and regulations, and subject further to the availability of
funds as reflected in the Work and Financial Plan (WFP) as required in accessing
of funds in the Integrated Protected Area Fund (IPAF).

SECTION 8. Duties and Functions of PAMB, ~ The PAMB is the
highest policy-making body of the Pasonanca Natural Park, and shall have the
following powers and functions:

(a) Approve or decide on all matters related to or based on the
approved management plan, proposals, work and action
plans, resource protection, delineation and demarcation of
protected area boundaries, buffer zones, ancestral domains,
recognition of rights and privileges, and guidelines and
policies for the management and conservation of the park;

(b) Review and adopt the park's Management Plan and
development program and _ their implementing rules and
regulations, and ensure strict compliance therewith;

(c) Control and regulate the construction and maintenance of

roads, trails, waterworks, sewerage, fire protection and


(d)

(e)

(9)

(h)

(i)

@

sanitation systems and other utilities within the protected

area;

Control and supervise the office of the PASu and monitor and
evaluate the performance of the Protected area personnel,
NGOs, and communities involved in conservation and
development;

Issue all necessary permits within the Pasonanca Natural
Park, including its buffer zones, and collect reasonable fees
therefor, in accordance with the management plan and
Consistent with the conservation and protection of the park.
The PAMB may delegate this authority to the PASu under
proper guidelines;

Deputize, through the EXECOM, individuals for the
enforcement of all laws, rules, and regulations governing
conduct within the protected area and its buffer zones, and
prescribe the qualifications therefor; Tie

Accept donations and grants and approve proposals for
funding and budget allocation and exercise accountability over
all funds that may accrue;

Coordinate with the appropriate agencies of the government,
local or national, on all matters related to the protection and
Conservation of the protected area and its buffer zones, and
request for their assistance, of whatsoever nature, for the
purpose;

Retain a legal counsel, either on permanent, temporary, ‘or
part-time basis, to defend cases against the PAMB, the PASU
Office and staff, and deputized individuals whenever they are
sued in connection with the performance of their duties under
this Act, and to assist the PAMB on all legal matters;

Adopt rules and procedures for the conduct of business,
including the creation of committees, to which certain powers
of the PAMB may be delegated.

gs


The DENR, through the Regional Executive Director of Region IX, shall
ensure that the Protected Area Management Board (PAMB) acts within the scope
Of its powers and functions. In case of conflict between administrative orders
issued by the DENR pursuant to Republic Act No. 7586 and the rules and
Tegulations or resolutions issued by the PAMB, the DENR Secretary shall decide
whether or not to allow such rule, regulation, or resolution.

Section 9. The Executive Committee (EXECOM) of the PAMB, —
There shall be an Executive Committee to be created by the PAMB, to which the
PAMB may delegate specific duties and functions, It shall be composed of the
DENR Regional Technical Director of Region IX as Chairman, and six (6) members.
of the PAMB, to be designated by the PAMB, as follows: (1) The Mayor of
Zamboanga City or his representative; (2) The General Manager of the ZCWD or
his representative; (3) Two (2) Barangay chairmen; (4) One representative each
from the NGO's and stakeholders.

The PAMB en banc shall hold regular meetings at least once every quarter
of the year. The EXECOM shall meet on a regular basis as may be necessary
or proper.

SECTION 10. The Office of the Protected Area Superintendent
(PASu) — There shall be a Protected Area Office (PAO) in the Pasonanca Natural
Park headed by the Protected Area Superintendent (PASu) who shall serve as the
DENR chief operating officer at the site and head secretariat of the PAMB, The
PASu shall be directly responsible to the PAMB and the DENR Regional Executive
Director (RED) of Region IX, and shall have the following powers and functions:

(a) Prepare the management plan and its successor plans as
herein provided; ‘

(b) Serve as secretariat to the PAMB with the duty to provide the
PAMB with all the information necessary to make appropriate
decisions for the implementation of this Act;


©

(a)

(e)

(9)

(h)

Supervise the necessary personnel to support operations as
the budget may allow;

Establish a productive partnership with local communities,
including groups supporting the achievement of the goals and
objectives of this Act;

Develop and implement park information, education and
visitor programs;

Enforce the laws, rules and regulations and PAMB resolutions
relevant to the protected area and its buffer zones, and assist
in the prosecution of offenses;

Monitor all activities within the protected area and its buffer
zones in conformity with the management plan; and

Perform such other functions as the PAMB may assign.

The PASu, who shall come from the regional office of the DENR of

Region IX, shall perform day-to-day management and protection activities within
the protected area. He shall be supported by the following staff members
designated and detailed by the DENR Regional Director of Region IX:

Two (2) Registered Foresters;

Ten (10) Forest Guards;

One (1) Utility Worker;

Two (2) Ecosystems Management Specialists;

One (1) Community Development Officer;

One (1) Administrative Officer; and

One (1) Records Officer "

SECTION 11. Management Plan — Within one (1) year from the
effectivity of this Act, the Protected Area Superintendent shall Prepare a
sufficiently flexible Management Plan in accordance with the General Management
Planning Strategy (GMPS) in coordination with the appropriate offices of the
DENR, local communities, the city government of Zamboanga, NGOs, other


government agencies, and available experts with socio-environmental, economics,

and ecological experience in the area. The plan shall contain, among others, the

following:

a)

b)

°)

qd)

e)

f)

9)

h)

The preferred period applicability, at least for ten (10) years,
subject to periodic review as determined necessary by the
Board; ie

The analysis of key management issues and problems
considered as threats to Conservation, management and
maintenance, including the impact on the important features
of the area;

Broad, long-term vision which takes the form of goals, and a
“vision statement”; including guiding policies for
management, sets of objectives, and specific statements on
what management can achieve within the timeframe of the
plan;

Site management strategies;

Zoning plan to illustrate the boundaries, classification and
Management and other activities allowed or prohibited for
each zone;

Management programs to include enforcement of laws,
habitat and wildlife Management, eco-tourism, sustainable
use of resources, _ infrastructure development and
maintenance, fire prevention and pest control;

Mechanisms for protection of tenured migrants in the exercise
of their rights;
Sustainable and non-destructive livelihood activities.

Regulations in furtherance of the Preservation and
Conservation objectives, such as the scheme in the issuance
of permits and rules on the restrictions of resource-use.

20


The management plan shall be reviewed and adopted by the Protected
Area Management Board and certified by the DENR Secretary that it conforms to
all laws, rules and regulations issued by the DENR. In no case shall the
management plan be revised or modified without prior approval of the
PAMB and in accordance with the procedures herein set forth.

One (1) year before the expiration of the management plan, the office of
the PASu shall prepare a successor management plan in the same manner as the
procedure and principles herein set forth and in accordance with the General
Management Planning Strategy (GMPS). In the same period, the PASu shall cause
the publication of notices for comments and suggestions on the successor plan in
a newspaper of local circulation and the posting of such notices in the city and
barangay halls of the barangay units comprising the Pasonanca Natural Park, and
in three (3) other conspicuous places frequented by the public within the
Pasonanca Natural Park. At least two public hearings shall be conducted on the
successor plan.

The management plan shall be in English and in Chabacano, plainly written
and available for public perusal at the office of the PASu.

\

SECTION 12. Management Zoning — Zones shall be established in the
Pasonanca Natural Park to provide protection for critical or representative habitats
within which similar management emphasis is applied and comparable level of use
permitted while different uses segregated. It shall be demarcated on the ground
and indicated on maps after undertaking such steps as community, land
and resource-use mapping and dialogue with the participation of communities,
the city government of Zamboanga, and other stakeholders. Within each
zone, management prescriptions shall be reasonably uniform but may differ in
type or intensity from those in other zones in order to accommodate multiple
objectives.

CHAPTER Til
TENURED MIGRANTS

SECTION 13. Tenured Migrants — Any person who had been actually
and continuously occupying an area for five (5) years prior to the proclamation of

ai


the Pasonanca Watershed Forest Reservation (Proclamation No. 199, dated
December 17, 1987) and is solely dependent on the Protected area for
subsistence shall be considered a tenured migrant. The park is an_ initial
component pursuant to Section 5 (a) of the NIPAS Act.

As a Tenured Migrant, he or she shall be eligible to become!a steward ofa
reasonable portion of land within the multiple use or buffer zones of the protected
area from which he may derive subsistence. Provided, however that those
migrants who do not qualify within the category of Tenured Migrants shall be
resettled outside the protected area.

The PAMB shall review all tenure instruments, land claims, or permits
issued for resource use within the protected area, if any, and recommend the
issuance of appropriate tenure instrument consistent with the management or
successor plans. Those who have been cultivating land within the protected area
are considered to be occupying such lands and shall be entitled to tenure
instrument limited to cultivation and residence. Provided, that the rights uncer
such can only be transferred to direct descendants.

Nothing herein shall be construed to mean any diminution of accrued rights
earned by tenured migrants. If areas occupied by tenured migrants are designated
as zones in which no occupation or other activities are allowed, they shall be
transferred to multiple-use or buffer zones to be undertaken through just and
humane means.

In the event of termination of a tenure instrument for cause or by voluntary
surrender of rights, the Protected Area Superintendent shall take immediate steps
to rehabilitate the area in order to return it to the natural state prior to the
cultivation or other act by the tenured migrant.

Section 14. Existing Rights. — Nil prior property and private rights
within the protected area and its buffer zones and ancestral domains already
existing and/or vested upon prior to the effectivity of this Act shall be protected
and respected in accordance with existing laws.

22


CHAPTER IV
PROHIBITED ACTS AND PENALTIES

SECTION 15. Special Prosecutor — 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
Protected area shall be assigned. Such special prosecutor shall coordinate with the
PAMB and the Protected Area Superintendent in the performance of his/her duties
and assist in the training of park personnel in arrest and criminal procedures, The
PAMB shall periodically submit an evaluation of the performance of the special

prosecutor of the DOJ.

SECTION 16. Prohibited Acts - Except as may be allowed by the nature
of their categories and pursuant to rules and regulations governing the same, the
following acts are prohibited within the protected area:

1)

3)

4)

5)

6)

7)

Hunting, destroying, disturbing or mere Possession of any
plants or animals and its products derived therefrom without a
permit from the Protected Area Management Board;

Dumping of any waste products or any form of activity
detrimental to the protected area, or to the plants and
animals or inhabitants therein;

Use of any vehicles or equipments within Prohibited areas
without a permit from the PAMB;

Mutilating, defacing or destroying of objects of natural
beauty, or objects of interests to cultural communities;

Damaging and leaving roads and trails in a damaged
condition;

Squatting, mineral exploration, or otherwise occupying any
portion of land;

Constructing or maintaining any kind of structure, fence or
enclosures, or conducting any business enterprise without
prior permit from the PAMB;


8) Altering, removing, or destroying or defacing boundary marks
or signs.

SECTION 17. Penalties — Any person found guilty of any offense
enumerated above shall be fined in an amount of not less than Five Thousand
Pesos (P 5,000.00) nor more than Five Hundred Thousand Pesos (P 500,000.00),
exclusive of the value of the thing damaged, and/or imprisonment of not less than
one (1) year but not more than six (6) years, as determined Pte the court,
Provided, that if the area requires rehabilitation or restoration, as determined by
the court, the offender shall also be required to restore or compensate for the
restoration of the damage; Provided further, that the court shall order the eviction
of the offender from the land and the forfeiture in favor of the government of all
mineral, timber or any species collected or removed including all equipment,
devices and firearms used in connection therewith, and any construction or
improvement made thereon by the offender. If the offender is an association or
corporation, the president or manager shall be directly responsible for the act of
his employees and laborers. Provided finally that, for such offenses the DENR
may conduct separate administrative Proceedings against the offender and
impose the corresponding fines and penalties in accordance with law.

CHAPTER V

PROTECTED AREA FUND
SECTION 18. Integrated Protected Area Fund ({PAF) — There is
hereby established a ‘trust fund known as the Integrated Protected Area Fund
(IPAF) to ensure sustained financing of the protected area operations. The funds
for the IPAF will come from, among other things, donations, contribution from
industries and facilities directly benefiting from the protected area, and collections
from user fees such as proceeds from lease Of multiple use areas and fees from
the permitting system. Likewise, the PAMB shall develop a user fee policy that will
specify sharing of the proceeds between the city government of Zamboanga and

the PAMB. \)

The fund may be augmented by grants, donations, and endowment from
various sources, domestic or foreign, for purposes related to their functions.
Provided, that the fund shall be deposited as a special account in the national

24


treasury and disbursement therefrom shall be made solely for the protection,
maintenance, administration, and management of the system, and duly approved
projects endorsed by PAMB in accordance with existing accounting and budgeting
rules and regulations.

CHAPTER VI
EXISTING FACILITIES, UTILIZATION OF RESOURCES,
ENVIRONMENTAL IMPACT ASSESSMENT, AND PARTNERSHIP WITH
OTHER AGENCIES

SECTION 19. Existing Facilities within the Protected. Area — Existing
facilities, if any, within the protected area shall be inventoried and assessed by the
PAMB in accordance with the objectives of this Act, Within thirty (30) days from
the effectivity of this Act, unless extended by PAMB, all commercial facilities
existing within the boundaries of the protected area with a total capitalization of
not less than One Hundred Thousand Pesos (P100,000.00) shall submit to the
PAMB, through the PASu, a sworn statement containing the following information:

a) Environmental Impact Assessment and/or Environmental
Management Plan;

b) Environmental Compliance Certificate; and

c) Development Plan i

Failure to submit the required information shall constitute a violation of this
Act. Based on these submissions, the PAMB, with the assistance of the DENR,
shall determine whether the existence of such facilities and their future plans and
operations are detrimental to the protected area.

The PAMB may prescribe conditions for the Operation of the facilities to
ensure that they do not conflict with the Management objectives. If any such
conditions are violated, a fine shall be imposed as prescribed by the PAMB. The
PAMB, through the PASu or other deputized government entities, is authorized to
cause the immediate cessation and demolition of any facility within the protected
area whose continued operation is deemed detrimental to said area, with the cost
to be borne by their owners/operators.


The removal of existing facilities which Provide basic services and
amenities to the public shall require the concurrence of the city government of
Zamboanga consistent with the responsibility of the local government to its
constituents,

Existing facilities remaining within the Protected area may be charged
reasonable fees by the PAMB, subject to DENR approval, pursuant to Section 10(F)
of the NIPAS Act based on the extent of their impact on the environment and
biodiversity. All incomes derived from such fees shall accrue to the IPAF,

SECTION 20. Utilization of non-renewable resources — Any
exploration, exploitation or utilization of non-renewable resources within the
protected area shall not be allowed.

SECTION 21. Environmental Impact Assessment System. Existing
laws, rules and regulations relating to Environmental Impact Assessment shall be
applicable to projects and activities intended in the Protected area. The issuance
of the Environmental Compliance Certificate or its exemptions shall be coordinated
with the PAMB,

SECTION 22. Partnership among Government, Non- Government
Organizations and People’s Organizations. ~ For the purpose of attaining the
objectives of this Act, all Government, Non- Government Organizations and
People’s Organizations and their personnel shall continuously foster and develop a
strong and true partnership.

All Non- Government Organizations, People's Organizations and private
entities implementing any park Conservation, protection and development
Programs must be accredited by the city government of Zamboanga and
the DENR.

SECTION 23. Roles of the Local Government Unit and National
Agencies in the Protected Area. ~ The city government of Zamboanga and
relevant national agencies represented in the PAMB shall have the following roles:

a) Apprise their respective constituents, office or sector on
activities and programs for the protected area;

26


b) Ensure consistency in the implementation of all activities in
the protected area;

c) In the exercise of its ordinance-making power over the
protected area, the city council of Zamboanga shall consider
the Management Plan and the rules and regulations
adopted by the PAMB in the legislative agenda relating to
biodiversity, conservation, protection and — sustainable
development;

d) In the formulation of its development plan, the city
government of Zamboanga shall consider the Protected Area
Management Plan for the Pasonanca Natural Park;

e) Assist the PAMB in the implementation of the overall park
programs, including but not limited to the imposition,
collection and utilization of park fees, enforcement of policies,
rules and regulations and other similar activities;

f) Accredit people's organizations, non-government
‘organizations and other entities and groups involved in the

activities within the protected area;
\

g) Provide the PAMB with relevant information and data for the
effective management of the protected area; and

h) The city government of Zamboanga may, subject to
availability of funds, provide an annual financial assistance for
the protection and enhancement of the protected area,

SECTION 24. Public Service Utilities, Projects. — All existing and
future development projects of public service utilities involving water services,
communication facilities, power and energy generation, public security, health and
education services and others which will promote public welfare, shall be
implemented within areas designated /approved by the PAMB.

Ps


CHAPTER VII
TRANSITORY AND MISCELLANEOUS PROVISIONS

SECTION 25. Appropriations — The Secretary 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.

SECTION 26. Construction - The Provisions of this Act shall be
construed liberally in favor of tenured migrants and with due consideration of the
prior property rights of the stakeholders to sustainable development, and the
conservation and protection of biodiversity. Existing forestry laws and their
Corresponding rules and regulations not inconsistent herewith shall have
suppletory effect in the implementation of this Act.

SECTION 27. Implementing Rules and Regulations — Ninety (90)
days after the effectivity of this Act, the Department of Environment and Natural
Resources (DENR), in consultation with the Senate Committee on Environment
and Natural Resources, the House of Representatives Committee on Natural
Resources, and the PAMB, shall Promulgate the necessary rules and regulations to
effectively implement the provisions of this Act.

SECTION 28. Separability Clause — If any provision of this Act is
declared as unconstitutional, such declaration shall not affect the other parts or
sections hereof.

SECTION 29. Repealing Clause — All existing laws, rules and
regulations inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 30. Effectivity Clause ~- This Act shall be translated in
Chabacano. It shall be published once in a newspaper of general circulation which
is readily available in and around the protected area. It shall be posted for a
continuous period of thirty (30) days at the City Hall of Zamboanga and the
barangay halls of the affected areas, This Act shall take effect thirty (30) days
from such publication and posting.

APPROVED.

28