Republic of the Philippines
House Or REPRESENTATIVES
‘Quezon City, Metro Manila

Sixteenth Congress
Third Regular Session

HOUSE BILL NO. __ 6261

Introduced by Honorable Imelda Quibranza-Dimaporo

EXPLANATORY NOTE

This bill seeks to declare the Bacolod-Kauswagan Protected Landscape
and Seascape as component of the National Integrated Protected Areas System
under the category of protected landscape and seascape.

Bacolod is one of the twenty-two municipalities in the Province of Lanao
del Norte which is bounded between the neighboring municipalities of
Kauswagan and Maigo in the northem part of Mindanao. Bacolod is more or
less 32 kilometers away from Tubod, Lanao del Norte, which is the capital town
of the Province westward, and 30 kilometers from Iligan City, the hub of
Mindanao in the eastern side. It has sixteen barangays, seven of which are
coastal and its shoreline is in Iligan Bay which connects the Panguil Bay.

Bacolod is also endowed with rich natural resources. It has three
waterfalls, one of which is the Pagayawan Waterfalls which is known for its
potential to generate electricity that can cater not only to the Province of Lanao
del Norte, but also with its neighboring provinces. It has three other water falls
that are suitable as tourist attractions not only in the municipality, but also in the
whole province of Lanao del Norte. Many foreign investors have already
visited and manifested their desire to harness the place.

Kauswagan, on the other hand, is the second coastal municipality of the
Province of Lanao del Norte located near the southern boundary. It lies on the
mid-central portion of the Northwestern Mindanao coastline and is located 20
kilometers away from Iligan City. The Larapan River and the Rufagan River
serve as the common boundary of Kauswagan and the municipalities of
Linamon and Bacolod on the eastside and westside, respectively.

Bill Drafting Service


Kauswagan is one of the fish and other aqua-marine products suppliers of
the Province of Lanao del Norte and Iligan City. The water is very rich in
nutrients and its primary productivity is sufficient to support high fishery
production.

The Bacolod-Kauswagan Protected Landscape and Seascape was
established to protect and conserve the biological diversity and unique scenic
features of the area for public enjoyment and sustainable development.
However, the Bacolod-Kauswagan Protected Landscape and Seascape has been
completely neglected over the years and is facing serious threats to its
biodiversity. There is also the alarming depletion of marine resources, the
escalating decrease in fish haul and the destruction of corals over the years.
Thus, there is an immediate need to arrest this indiscriminate use of natural
resources in the area.

This bill therefore seeks to declare the Bacolod-Kauswagan Protected
Landscape and Seascape as components of the National Integrated Protected
Areas System under the category of protected landscape and seascape. This will
provide a comprehensive and sustained conservation system that will accelerate
the implementation of programs relative to the protection of the watershed and
the conservation and restoration of biodiversity of the area for the benefit of our
children and their future.

In view of the foregoing, approval of this bill is eamestly sought.

IMELDA QU{BRANZA-DIMAPORO


20

21

Republic of the Philippines
House Or REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
Third Regular Session

HOUSEBILLNO.___—*{6 261

Introduced by Honorable Imelda Quibranza-Dimaporo

AN ACT

DECLARING THE BACOLOD-KAUSWAGAN PROTECTED
LANDSCAPE AND SEASCAPE SITUATED IN THE MUNICIPALITIES
OF BACOLOD AND KAUSWAGAN, PROVINCE OF LANAO DEL
NORTE AS COMPONENTS OF THE NATIONAL INTEGRATED
PROTECTED AREAS SYSTEM UNDER THE CATEGORY OF
PROTECTED LANDSCAPE AND SEASCAPE AND PROVIDING FOR
ITS MANAGEMENT

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

SECTION 1. Short Title. — This Act shall be cited as the “Bacolod-
Kauswagan Protected Landscape and Seascape Act.”

SEC. 2. Declaration of Policy. — It is the policy of the State to protect
and advance the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature. For this purpose, the State shall
secure for the present and future generations of Filipinos the utilization of
terrestial, wetland and marine resources within the landscape and seascape in
the municipalities of Bacolod and Kauswagan, in the Province of Lanao del

Norte to ensure the continuity of endangered, threatened, and rare species

Bill Drafting Service


therein, as well as conserve, protect and preserve its scenic, educational,
cultural, historical and recreational features, through its establishment as a
protected area in accordance with the provisions of Republic Act No. 7586,
otherwise known as the “National Integrated Protected Areas System Act of
1992,” under the category of protected landscape and seascape.

SEC. 3. Scope. — The boundaries of the Bacolod-Kauswagan Protected
Landscape and Seascape are as follows:

BACOLOD-KAUSWAGAN PROTECTED LANDSCAPE AND.

SEASCAPE
TECHNICAL DESCRIPTION
Tie Line: from BLLM No. 6 Cad 695 to Corner "i" § 88-44-52, 4635.006 m.
Area =2,524.611 ha.
LINE BEARING DISTANCE

1 2 [nw] 4 ]ia 16 Ww 227.424 |_m
2 3 |n|37 | as 0 Ww 189.60 |_m
3 4 [w]e | 2 0 WwW 340.67 |_m
4 s [wn] as | 9 0 WwW 194.98 |_m
5 6 |s] ss | 32 0 Ww 119.73 |_m
6 7 [no | 31 0 Ww 211.14 |_m
1 8 _|s | 6 | 25 0 Ww 964.23 |_m
8 9 [nN] 7 | 3 0 Ww 1,356.71 |_m
9 wo | s | 65 | 12 0 Ww 673.80 |_m
io | 1 [Nn] so | s2 0 Ww 250.56 |_m
u | 12 [Tn] [os 0 Ww 387.17 | _m
2] 3 [s | | 3 0 Ww 244.55 |_m
3 | 14 |s {7 | 54 0 Ww 248.78 |_m
4 | is_|s | 33 | 45 0 Ww 107.24 |_m
is_| 16 |'s | 33 | 15 0 Ww 343.18 |_m.
16 | 17 |s | 48 | 55 0 Ww 735.95 |_m
7 | is |'s | so | 10 0 Ww 289.82 |_m
is | 19 | s | 44 | 33 15 Ww 453.574 |_m
19 | 20 | s | 20 | 21 6 Ww 153.940 |_m
Pn Te Ee Ee u Ww 284.976 |_m
21_| 22 | NJ 48 | 33 42 Ww 162.295 |_m
22 | 23 [nN] w | 8 19 w 523.24 |_m
| 23 | 2 | s | 7 | s4 0 Ww 248.78 |_m
24 | 25 [s | 33 | 45 0 Ww 107.24 |_m



26

Ss Ww 211.487 |_m
26 | a7 |s| 3 | 8 a 126.976 |_m
v4) 28 Ss 56 2s 44 Ww 316.838 | om
28 29 N 78 18 56 Ww 178.924 | im
29 | 30 |N] 7m | 31 41 WwW 62.530 |_m
30 | 31 [s| ss | v7 21 Ww 117.933 |_m
31 32_|N]| 0 0 0 E 1,500.00 |_m
32 | 33 [wl] ia [3 0 E 354.42 | m
33 | 34 [nw] m4 | 47 0 E 371.24 | m
34 35 N 75 13 0 i} 1,413.44 | om
35 36 N 44 36 0 E 898.74 | om
36_| 37 | N | s2_| 23° 0 E 715.34 |_m
37 38 N 77 13 0 E. 1,079.67 |_m
38 39 N 87 17 ) EB 1,188.45 | m.
30 | 4 | s | ss | is 0 E 2,299.39 | _m
40. 41 Ss 76 15 0 E 1,018.42 |_m.
AL 42 N 89 6 40 E 1,569.464 |_m
a2 [43 [wh] so | 3 0 E 2,138.43 |_m
4% | 4 [wn] 9 | 0 0 E 240.00 |_m
44] 45 [s [75 | 12 0 EB 1,112.84 | m
45 | 46 | 's | si | 59 0 E 583.00 |_m
46 47 N 85. SI 0 E 460.83 | m
47 48 N 90 0 0 E 352.42 |_m
43 | 49 ['s | 76 | 3s 0 E 293.15 |_m
49 | so [s | o | 0 0 Ww 1,500.00 | m_|
so [si [nis [2 0 Ww 295.16 |_m
si_| s2 [s | ss | 40 0 Ww 352.51 | m
sz [53 [Ts | 7 [2 0 Ww 345.12 | m
[53 | sa [nw] as | aa 0 W 475.88 |_m
5a [55 [| 28 | 45 0 Ww 40.43 |_m
3s | 56 [wl 3 | 18 0 w 12.65 | _m
56 | 57 | s | 85 | 54 0 w 190.01 |_m
s7_| ss [wise [1 0 w 320.79 | _m |
58 59 N 43 49 0 Ww 443.22 | m
59 60 N 65 51 0 Ww 203.44 |_m
60 61 N 79 55. 0 Ww 211.18 | im
ot | 62 | s| 9 0 0 w_| 240.00 |_m.
|_ 62 63 Ss 81 19 0 Ww 174.88 |_m
6 | «4 |s | 7 | 27 0 W 92.17] m
64 65 Ss 64 AT 0 WwW 175.19 |_m
65 | 6 |N| 7 | 32 0 Ww 314.63 |_m_|
66 67 N 87 55. 0 Ww 411.54 | im
67 68 N 75 32 o Ww 104.94 | m
68 69 Ss 58 32 oO Ww 96.17 |_m
6 | 7 |s| 2 34 0 Ww 63.73 |_m_|
70 7 Ss 12 3 0 E 48.30 | m



u|nti{s| is | so 0 Ww 236.20 |_m
nipati|ts|si]u 596__|_ W 39.92 |_m
m3 | 4 [NI] so | 39 58 Ww 16.16 |_m
m | 75 {sis | 3 0 Ww 50.50 |_m.
75_| 76 |N| 28 | 14 1 Ww 18.90 |_m
1 | 7 |NI| 10 1 oO Ww 121.60 |_m
nm | wIiNi 3 | 3 0 E 47.05 |_m
7% | 79 |s| 85 | 43 0 Ww 48.92 | m
7 | 80 |N| 7 | 30 0 Ww 451.73 |_m
so | 31 [nN] oo | 41 0 Ww 193.70 |_m
si_| 82 |s | ss | 29 0 Ww 95.64 |_m.
a2 | a3 | s | 64 | is 0 Ww 366.41 |_m
33 | 34 [Nn] 7 | 56 0 Ww 26.06 |_m
s4_| 35 [NI] 2 im 0 Ww 37.14 | m
85_| 86 | N| 85 | 4 0 Ww 20.71 |_m
36_| 37 | s | 7 | 28 0 Ww 20.79 |_m
s7_| ss | s | s2 | 2 0 Ww 253.86 |_m
ss | 39 | s| 25 | 9 0 Ww 153.94 |_m.
so | 90 | s | 55 | 24 0 Ww 124.56 |_m.
oo | 91 | s | as | 3 0 Ww 28.57 | _m
o | 92 | s | is | 30 0 Ww 64.97 |_m
o {| 93 [sl] s | 2 0 E 81.10 [_m
93 | 94 [s | 3 | 10 0 Ww 69.33 |_m
o4 | 95 | s | 49 | 54 0 Ww 58.40 |_m
95 | 96 |N] 1 | 30 0 Ww $4.29 |_m
96_| 97 |N]| 19 | 53 0 Ww 96.86 |_m.
o7 | 1 [Nn] 86 | 56 0 Ww 401.07 |_m

The total land area of the Bacolod-Kauswagan Protected Landscape and
Seascape is Two thousand five hundred twenty four (2,524) hectares, more or
less, situated in the municipalities of Bacolod and Kauswagan, Province of
Lanao del Norte.

SEC. 4. Definition of Terms. — As used in this Act:

a) Biological diversity or biodiversity refers to the wealth of life
forms found on earth, the millions of different plants, animals and

microorganisms, the genes they contain and the intricate ecosystem they form;


20

21

2

b) Buffer zones refer to identified areas outside the boundaries of and

immediately adjacent to designated protected areas that need special

development control in order to avoid or minimize harm to the protected area;

c) General management plan refers to the basic long-term framework
plan for the management of the protected area and serves as guide in the
preparation of the annual operations plan and budget;

d) General Management Planning Strategy refers to a guide in the
formulation of site specific management plans, including buffer zones;

©) Indigenous peoples refer to 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;

f) Integrated Protected Areas Fund refers to a trust fund established
for purposes of financing projects within a protected area;

g) Management manual refers to the individual management plan
containing basic background information, field inventory of the resources,
assessment of assets and limitations, regional interrelationships, particular
objectives for managing the area, appropriate division into management zones,
review of the boundaries and design of the management programs of the area;

h) National Integrated Protected Areas System refers to the
classification and administration of all designated protected areas established
pursuant to Republic Act No. 7586, otherwise known as the “National

Integrated Protected Areas System Act of 1992,” to maintain essential


20

val

ecological processes and life-support systems, to preserve genetic diversity, to
ensure sustainable use of resources and to maintain the natural conditions to the
greatest extent possible;

i Protected area refers to identified portions of land and water set
aside by reasons of their unique physical and biological significance, managed
to enhance biological diversity and protected against destructive human
exploitation;

j) Protected Area Management Board refers to the site-based
decision-making body responsible for the planning, resource protection and
general administration of the area in accordance with the approved management.
plan;

k) Protected landscape and seascape refer to areas of national
significance which are characterized by the harmonious interaction of man and
land while providing opportunities for public enjoyment through recreation and
tourism within the normal lifestyle and economic activity of the areas;

)) Protected Area Superintendent refers to the chief operating officer
of the Department of Environment and Natural Resources (DENR) for the
Bacolod-Kauswagan Protected Landscape and Seascape;

m) Secretary refers to the Secretary of the DENR; and

n) Tenured migrants refer to persons who have actually and

continuously occupied an area for five years prior to the designation of the same.


20

21

as a protected area in accordance with the provisions of Republic Act No. 7586
and are solely dependent therein for subsistence.

SEC. 5. Management of the Bacolod-Kauswagan Protected Landscape
and Seascape. - The management of the Bacolod-Kauswagan Protected
Landscape and Seascape is vested in the Protected Area Management Board
(PAMB) as herein provided, which serves as the highest policy-making body
for the protected area. Through the PAMB, the management structure for the
protected area shall promote partnership, participation, cooperation and
coordination with local communities and civil society organizations.

SEC. 6. Protected Area Management Board. - The PAMB for the
Bacolod-Kauswagan Protected Landscape and Seascape is composed of:

a) The Regional Executive Director of the DENR — Region X, as
chairperson;

b) The mayors of the municipalities of Bacolod and Kauswagan,
Province of Lanao del Norte or their authorized representatives;

c) The barangay captains within the territory and adjacent to the
protected area or their authorized representatives;

d) The Regional Director of the Department of Agriculture (DA) -
Region X or an authorized representative;

e) The Provincial Environment and Natural Resources Officer of

Lanao del Norte:


20

21

2

f) The Community Environment and Natural Resources Officers of
the municipalities of Bacolod and Kauswagan, Lanao del Norte;

g) Two non-government organization or people’s organization
representatives concerned with protected area management, chosen from the
two municipalities with territories inside the protected areas and duly accredited
with the municipalities being represented; and

h) The Provincial Planning and Development Officer of Lanao del
Norte, sitting as ex-officio member, to be endorsed by the provincial governor.

Each member of the PAMB shall serve for a term of five (5) years and
shall carry the vote of the represented sector in all matters. The members who
represent government officials or agencies shall serve according to the term of
office of their principals, unless sooner terminated by such officials.

SEC. 7. Powers and Functions of the PAMB. — The PAMB for the
Bacolod-Kauswagan Protected Landscape and Seascape shall exercise the
following powers and functions:

a) Issue rules and regulations to implement the provisions and
promote the policy declaration set forth in this Act;

b) Establish criteria and set fees for the issuance of permits for the
activities regulated by this Act or the approved management plan;

c) Identify the buffer zones for the protected area;

d) Adopt rules of procedure for the conduct of business, including the

creation of committees to whom its powers may be delegated;


20

21

2

e) Approve the management plan and oversee the office of the
Protected Area Superintendent;

f) Deputize interested individuals for the enforcement of the laws,
rules and regulations adopted pursuant to this Act;

g) Accept donations, approve proposals for funding and budget
allocation and exercise accountability over all funds that may accrue to the
protected area;

h) Coordinate with appropriate agencies for the regulation of flight
patterns of aircraft going over the area to set acceptable latitudinal limits and
emissions; and

i) Retain a legal counsel, either on a permanent or temporary basis, to
provide legal assistance to the PAMB and the Protected Area Superintendent
staff whenever they are sued in connection with the performance of their duties
under this Act.

‘The Secretary shall exercise authority over the PAMB to ensure that it
exercises its authority within the scope of its powers and functions. In case of
conflict between administrative orders of national application issued by the
DENR pursuant to Republic Act No. 7586 and the rules and regulations issued
by the PAMB, the PAMB shall notify the Secretary who shall resolve such
conflict.

The local government units of Bacolod and Kauswagan shall participate

in the management of the protected area through representation in the PAMB as


20

21

provided under Section 6 of this Act. The local government units shall retain
the power to adopt ordinances over the territory covered under this Act, giving
due consideration, however, to protected area management objectives. If any
conflict between these local government units and protected area management
objectives remains unresolved within the PAMB, the Secretary shall resolve
such issue with the concemed local government unit.

SEC. 8. Protected Area Superintendent. — There is hereby established
an Office of the Protected Area Superintendent in charge of the management,
protection and administration of the protected area. The Protected Area
Superintendent shall be supported by the existing personnel of the DENR and
shall be the chief operating officer of the Bacolod-Kauswagan Protected
Landscape and Seascape. The Protected Area Superintendent shall be
accountable to the Regional Executive Director of the DENR — Region X and
the PAMB.

The Protected Area Superintendent shall exercise the following powers
and functions:

a) Prepare the management and successor plans as herein provided;

b) Provide a secretariat for the PAMB to supply the latter with all
information necessary to make appropriate decisions;

c) Hire and supervise the necessary personnel to support operations

as the budget made available by the PAMB may allow;


20

21

22

4) Establish a productive partnership with the local communities,
including groups interested in the achievement of the goals and objectives of
the protected area and in the planning, protection and management thereof;

) Develop and implement a park information, education and visitor
program;

f) Enforce the laws, rules and regulations relevant to the protected
area and assist in the prosecution of offenses thereof;

g) Monitor all activities within the protected area for conformity with
the management plan; and

h) _ Perform such other functions as the PAMB may assign.

‘The Protected Area Superintendent shall prepare a management plan in
coordination with the appropriate offices of the DENR, the local government
units, the local communities and experts on tribal communities who have
experience in the particular cultures in the area. The management plan shall be
reviewed, approved and adopted by the PAMB and certified by the Secretary so
that it conforms to all laws, rules and regulations of national application. In no
case shall the management plan be revised or modified without prior
consultation with the PAMB.

Within one year from the effectivity of this Act, the management plan
shall be put into effect in accordance with Republic Act No. 7586 and the
procedure herein set forth. It contains, among others, the following:

a) Period of applicability of the plan;


20

2

22

b) Key management issues:

c) Goals and objectives of management;

d) Site management strategy;

) Major management activities including the enforcement of laws,
habitat and wildlife management, sustainable use management, infrastructure
development and maintenance, fire and pest control;

f) Zoning; and

g) Visitor management programs.

The Protected Area Superintendent shall prepare all successor plans two
(2) years before the expiration of the existing plans and shall cause the
publication of notices for comments and suggestions on the next successor
plans in a newspaper of local circulation and the posting of such notices in the
provincial, municipal and barangay halls and in three other areas frequented by
the public. Public consultations may be conducted on the successor plans upon
the written request of any interested party. The proposed plans shall be made
available to the public during the period for comment and the final version shall
be made available for public perusal at the office of the Protected Area
Superintendent.

The zoning of the protected area gives primary consideration to cultural,
economic and social practices consistent with sustainable management
principles by tenured migrants and nearby communities for an appreciable

length of time unless such uses are deemed detrimental to biodiversity


20

2

conservation and the protection of the natural characteristics of the protected
area.

The management plan shall be prepared in a language understandable in
the area, plainly written and available for perusal anytime to the general public
at the Office of Protected Area Superintendent.

SEC. 9. Existing Facilities Within the Protected Area, — Existing
facilities allowed to remain within the protected area may be charged a
reasonable fee by the PAMB, which is embodied in a memorandum of
agreement to be entered into with the owner of the facility. All incomes derived
from such fees accrue to the Integrated Protected Areas Fund.

In setting the user fees on man-made facilities managed by private
entities, the rates shall be determined by the private entity but shall be
comparable to the fees charged for similar facilities in a protected area. For all
other facilities, the user fees therein shall be determined in consultation with the
PAMB.

SEC. 10. Utilization of Non-renewable Resources. — Any exploration
for and exploitation or utilization of non-renewable resources within the
protected area shall not be allowed. Energy projects, renewable or otherwise,
shall be permitted only through an act of Congress. The exploitation of
renewable energy up to three (3) megawatts capacity shall be exempt from such

requirement.


1

2

20

2

2

SEC. 11. Prohibited Acts.—a) The penalties prescribed for theft under

Articles 309 and 310 of the Revised Penal Code shall be imposed upon any

person found guilty of:

1) Hunting, destroying, trapping, disturbing or possessing anywhere
within the protected area of any wild plant, animal or product derived
therefrom without a permit from the PAMB. A permit is given only for
scientific purposes necessary to promote protected area management;

2) Cutting, gathering, collecting or removing timber or forest
products without a permit. A permit is given only for scientific purposes
necessary for protected area management;

3) Possessing outside the protected area any wild plant, animal or
product derived therefrom;

4) Mineral exploration, extraction, drilling or prospecting for
minerals within the protected area;

5) Constructing and maintaining any kind of road, structure, fence or
enclosure without permit from the PAMB. Structures within ancestral
domains used by indigenous cultural communities do not need a permit
from the PAMB;

6) Altering, mutilating, excavating, removing, destroying or defacing
boundaries, marks, signs, natural formation, burial grounds, religious
sites, artifacts, and objects belonging to indigenous cultural communities

and other objects of natural and scenic value;


20

21

7) — Destroying the natural habitat of marine life, converting mangrove
forests into fishponds and disposing poisonous chemicals therein; and

8) Unabating illegal and destructive fishing activities such as the use
of filter nets and dynamite fishing which threaten and endanger the future
population and the sustainability of fishing resources.

b) A fine of not less than One hundred thousand pesos (P100,000.00)

but not more than Five hundred thousand pesos (P500,000.00), or imprisonment

of not less than one year but not more than five years, or both, shall be imposed

upon:

1) Any person found guilty of raising poultry and grazing of livestock
within the protected area without a permit from the PAMB; and

2) _ Any public officer who, in dereliction of the duties of office, shall
maliciously refrain from instituting acts necessary to prosecute the
violators of this Act or shall tolerate the commission of offenses herein
provided. Conviction for this offense also carries the penalty of perpetual
disqualification from public office.

©) _ A fine of not less than One hundred thousand pesos (100,000.00)

but not more than Five hundred thousand pesos (P500,000.00), or imprisonment

of not less than one (1) year but not more than five (5) years, or both, and the

restoration and rehabilitation of the damage shall be imposed upon any person

who commits the following acts:


20

21

1) Violating any rules and regulations in the management plan by the
PAMB or agreements reached with the PAMB in the exercise of its
adjudicative functions;

2) Dumping, burning and disposing of any poisonous chemicals and
waste products, vegetation and materials within the protected area to the
detriment of the inhabitants, plants and animals therein;

3) Engaging in illegal and destructive fishing practices, such as the
use of filter nets and at times, dynamite fishing that caused fishery
resources to plunge in terms of catch rates and volume;

4) Use of motorized equipment without a permit except motorized
vehicles within the national highway, provincial road or other public
thoroughfare traversing the park: Provided, That such thoroughfares
were legally constructed;

5) Occupying any portion of land inside the protected area without a
permit from the PAMB: Provided, That such occupation shall be of such
nature as to last more than ten (10) days in the particular portion of the
protected area; and

6) Entering the protected area without a permit from the PAMB.

Any person who induces or conspires with another person to commit any

of the acts prohibited in this section or cause workers to commit any of such

acts shall be liable in the same manner as the one actually performing the act.


20

21

22

The valuation of the damage resulting from any of the acts prohibited
herein shall take into account biodiversity and conservation considerations as
well as aesthetic and scenic values. Conviction for any of these acts shall
likewise carry the penalty of eviction from the protected area and forfeiture in
favor of the government of transportation facilities, structures, building
materials, equipment, devices and weapons used in the commission of the
offense.

The local government unit responsible for the arrest of a violator and the
confiscation of materials used in the commission of the offense is entitled to
have a fifty percent (50%) share from the proceeds in the disposition of
confiscated materials. The other fifty percent (50%) accrues to the Integrated
Protected Areas Fund.

The above prohibitions exclude activities identified in the management
plans and such other measures as are necessary for protection, preservation and
protected area management, which are undertaken by the Protected Area
Superintendent or other persons deputized by the PAMB. The certified customs
and traditional practices of indigenous cultural communities are also allowable
activities over which the above prohibitions shall not apply.

SEC. 12. Special Prosecutor. ~ Within thirty (30) days from the
effectivity of this Act, the Department of Justice (DOJ) shall designate a special
prosecutor to whom all cases of violation of laws, rules and regulations in the

protected area are assigned. Such special prosecutor shall coordinate with the


20

21

PAMB and the Protected Area Superintendent in the performance of duties and
assist in the training of wardens and rangers in arresting and prosecuting
violators of this Act. The PAMB may appoint a special private prosecutor on a
case-to-case basis to assist the public prosecutor.

SEC. 13. Integrated Protected Areas Fund. — All income generated
from the operation of the protected area or the management of wild flora and
fauna in the protected area shall accrue to the Integrated Protected Areas Fund.
These income are derived from visitors or tourists fees, fees from permitted sale
and export of flora and fauna and other resources from the protected area,

proceeds from registration and lease of multiple-use areas, including tourism

concessions, contributions from industries and facilities directly benefiting from
the protected area, and such other fees and income derived from the operation
of the protected area.

The trust fund may be augmented by grants, donations, or endowment
from various sources, whether domestic or foreign, for purposes related to their
functions. The trust fund shall be deposited as a special account in the National
‘Treasury and disbursements therefrom shall be made solely for the protection,
maintenance, administration and management of the system, and duly approved.
projects endorsed by the PAMB in accordance with existing accounting and
budgeting rules and regulations. The trust fund shall not be used to cover

personnel services expenditures.


20

2

22

The local government units 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 local government units’ facilities.
Furthermore, the local government units may charge add-ons to fees imposed by
the PAMB. Such add-ons are determined based on the contribution of the local
government units in the maintenance and protection of the protected area.

SEC. 14. Appropriations. — The Secretary shall immediately include in
the program of the DENR the implementation of this Act, the funding of which
shall be included in the annual General Appropriations Act.

SEC. 15. Construction. — The provisions of this Act shall be construed
liberally in favor of the protection and rehabilitation of the Bacolod-Kauswagan
Protected Landscape and Seascape and the conservation and restoration of
biological diversity, taking into account the needs and interests of qualified
tenured migrants, for present and future Filipino generations. Republic Act No.
7586 shall have suppletory effect in the implementation of this Act.

SEC. 16. Transitory Provision. — In order to ensure the sustainability
and integrity of the watershed areas and water resources, 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
instruments that allow exploitation and utilization of resources within the

protected area until the management plan shall have been put into effect.


1

9

SEC. 17. Separability Clause. — If any provision or part of this Act is
declared unconstitutional or invalid, the remaining parts or provisions not
affected shall remain in full force and effect.

SEC. 18. Repealing Clause. ~ All laws, executive orders, presidential
decrees, rules and regulations or parts thereof contrary to or inconsistent with
any provisions of this Act is hereby repealed, amended or modified accordingly.

SEC. 19. Effectivity. — This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

20