KES
pears Dy
” RECEIVED, “A
are; 25 JUL 2013

a

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon Cily, Metro Manila

Sixteenth Congress
1" Regular Session

House Bill No. __

Introduced by HONORABLE BELMA A, CABILAO-

EXPLANATORY NOTE

The Buug Natural Biotic Area has been designated and set aside as Watershed and Forest
Reserve pursuant lo Presidential Proclamation No. 18 dated August 9, 1966, The area is now
designated as an initial component of the National Integrated Protected Areas System (NIPAS)
under Proclamation No. 63 dated December 22, 1998. The protected area is located at
Barangays of Talairan, Bulaan, Bliss, Basalem, Talamimi, Labrador, Pling, Gintoloan and
Poblacion Buug all in the Municipality of Buug, Province of Zamboanga Sibugay with an area
‘of ONE THOUSAND NINETY FIVE (1,095) HECTARES and buffer zone of FOUR HUNDRED.
SEVENTY (470) HECTARES.

The highest peak of the protected area is praclically a natural Dipterocorp forest for Tanguile
cand Lavan species. The presence of monkeys could sill be enjoyed watching in Barangay
Talairan. A few meters away from the market site of Buug you can see big trees of falcatta and
gmelina and for the physical features include the panoramic view of adjacent portion of
Sibugay Valley ond Dumanquillas Bay Protected Landscape and Seascape. It is the only
source of potable water in the municipality of Buug and other nearby communities:

Pursuant to Section 2, Article XII of the Constitution, “the state shall protect the nation’s marine
weallh in its archipelagic waters, territorial sea, and exclusive economic zone ‘ond reserve its
enjoyment exclusively to Filipino citizens” and further provided under Section 2 of the NIPAS Act
which states that “itis the policy of the state to secure for the Filipino people of present and
future generations the perpetual existence of all native plants and animals through the
establishment of a comprehensive system of integrated protected areas.

Buug Natural Biotic Area had always been a biological valbable nature site in this part of the
country and is always threatened with the high impact of man’s activities. Its establishment into
a protected area Is vital in promoting permanent protection and preservation to a great extent
possible of ils natural conditions

In view of al these considerations, the early passage of this bill is earnestly sought

Fiihin fe Cathe
HON. BELA ARELLANIO CABILAO
Repesenialive, ! District
Zamboanga Sibugay Province


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
‘Quezon City, Metro Manila

Sixteenth Congress
T* Regular Session
1865

House Bill No. __”

Introduced by HONORABLE BELMA A. CABILAO

AN ACT DECLARING BUUG NATURAL BIOTIC AREA LOCATED IN THE MUNICIPALITY OF
BUUG, PROVINCE OF ZAMBOANGA SIBUGAY AS A PROTECTED AREA UNDER THE
CATEGORY OF NATURAL BIOTIC AREA AND ITS PERIPHERAL AREAS AS BUFFER ZONES
PROVIDING FOR ITS MANAGEMENT AND OTHER PURPOSES.

Be it known by the Senate and the House of Representatives of the Philippines in Congress
ossembled

SECTION 1. Title - “This Act shall be known as the “Buug national Biotic Area Act of
2013”

SECTION 2. Declaration of Policy - Pursuant to Republic Act No. 7586, it is hereby
declared the policy of the state to regulate the ullization of aggregates, wild flora and fauna,
ensure the continuity of endangered, threatened and rare species towards the end of
conserving, protecting and preserving the scenic features, including the diverse terrestrial
thereof for the benefit ofits people ond mankind

SECTION 3. Scqpe ~The Buug Natural Biotic Area, including its buffer zones cover a
total of aboul ONE THOUSAND FIVE HUNDRED SIXTY FIVE (1,565) hectares. It begins at a
point marked *]" which is identical Jo comer No. 1 of Project No. 19-8, Block C, Timberland

LC Map No. 2004:

Thence S60°00'W, 175.00 meters to comer 2;
Thence $75°00'W, 300,00 meters to comer 3;
Thence $35°00’W, 250.00 meters to corner 4;
Thence S73°00'W, 250.00 meters to corner 5;
Thence S61°00'W, 235,00 meters tocorner 6;
Thence $81°00'W, 160.00 meters to corner 7;
Thence N48°00'W, 350,00 meters to corner 8;
Thence N66°00'W,, 340,00 meters to corner 9;
Thence N20°00'E, 250.00 meters to corner 10;
Thence NO8°00'E, 361.00 meters to corner 11;
Thence N29°17'E, 171.30 meters to comer 12;
Thence N86°35’E, 223.30 meters to comer 13;
Thence S20°34’E, 68.90 meters to comer 14;
Thence S31°13'W, 138.30 meters to comer 15;
Thence S78°09E, 209.10 meters to comer 16;
Thence N44°22’E, 165.10 meters to comer 17;
Thence S77°10'E, 174.10 meters to comer 18;
Thence N73°22’E, 164,60 meters to comer 19;
Thence S09°34'E, 199.00 meters to comer 20;


Thence SO2°00'W,
Thence N74°02'E,
Thence N58°00'E,
Thence NI7°00'E,
Thence NI7°00’E,
Thence N29°00'E,

Thence N12°0O’
Thence N28°00'W,
Thence NI7*18'E,
Thence NO3*15'
Thence NO7°02'W,
Thence NI6°37’W,
Thence NI2°26'W,
Thence NI9°23'W,,
Thence N70°20'W,
Thence N89°00'W,
Thence S80°18'W,
Thence $76°37'W,
Thence N32°00'W,
Thence N76°40’E,
Thence N21°37'E,
Thence N44°38'E,,
Thence N50°37’E,
Thence N44°39'E,
Thence N53°45’E,
Thence NI1°38'W,
Thence N12°28'E,
Thence N24°38'W,
Thence NO5°49’E,,
Thence S1O°25°E,
Thence $48°0S'E,
Thence S61°06’E,
Thence S68°08’E,
Thence $67°01'E,
Thence $84°03'E,
Thence N60°37'E,
Thence N49°29'E,
Thence $63°38’E,
Thence S19°46'E,
Thence $32°36’E,
Thence $73°19'E,
Thence S05°O1’E,
Thence $33°37’W,
Thence S29°19'E,
Thence $54°02'W,,
Thence $23°32'E
Thence $28°31'E,
Thence N83°33'W,,
Thence N73°12'W,
Thence N65°20°W,
Thence N63°03'W,
Thence N79°05'W,

218.10 meters
470.70 meters
288,00 meters
143.00 meters
210,00 meters
340.00 meters
240.00 meters
180,00 meters
240.00 meters
350.00 meters
112.20 meters
158.90 meters
150.10 meters
225.50 meters
245.00 meters
210.20 meters
206,30 meters
231.30 meters
241.40 meters
194.70 meters
300.00 meters
534.47 meters
215.46 meters
643.49 meters
397 17 meters
330,74 meters
336.40 meters
284,90 meters
195.14 meters
233.14 meters
184,98 meters
203.10 meters
191,78 meters
248,85 meters
220.66 meters
215.75 meters
234.82 meters
188.12 meters
187,66 meters
182.70 meters
304,98 meters
324.57 meters
161,92 meters
255,12 meters
138.89 meters
174.69 meters
132.47 meters
194.88 meters
234,73 meters
183.81 meters
222.95 meters
187.32 meters
232.16 meters
258.45 meters

to corner 21;

to comer 22;
to comer 23;
to corner 24;
to comer 25;
to corner 26;
to comer 27;
to corner 28;
to corner 29;
to comer 30;
to comer 31;

to comer 32;
to comer'33;,
to comer 34;
to comer 35;
to corner 36;
to comner 37;
to comer 38;
to corner 39;
to corner 40;
to comer 41;

to. comer 42;
to corner 43;
to comer 44;
fo comer 45;
to comer 46;
to comer 47;
to comer 48;
to corner 49;
to. comer 50;
to comer 51;

to corner 52;
to comer 53;
to comer 54;
to comer 55;
to comer 56;
to comer 57;
to comer 58;
to corner 59;
to comer 60;
to comer Ol;
to comer 62;
to corner 63;
to comer 64;
to corner 65;
to comer 66;
to corner 67;
to comer 68;
to comer 69;
to comer 70;
to comer 71;

to comer 72;
to comer 73;
to comer 74;


Thence S16°12'W, 138.97 meters to comer 75;

Thence S09°35'W, 199.92 meters to comer 76;
Thence $15°22'W, 174.75 meters to comer 77;
Thence SI1°36'W, 229.87 meters to comer 78;
Thence S12°50'E, 215,09 meters to comer 79;
Thence SI1°S1’E, 190.10 meters to comer 80;
Thence S06°59'E, 180.12 meters to comer 81;
Thence $12°32’W, 204.84 meters to corner 82;
Thence S02°05'E, 265.10 meters to corner 83;
Thence SO5°02'E, 205.12 meters to corner 84;
Thence S04°36'W, 145.03 meters to corner 85;
Thence $30°29'E, 234.66 meters to comer 86;
Thence S08°00'W, 230.00 meters to corner 87;
Thence SO8°00’W, 150.00 meters to comer 88;
Thence $84°00'W, 180.00 meters to comer 89;
Thence $37°00'W, 230.00 meters to. comer 90;
Thence $12°00'E, 140.00 meters to comer 91;
Thence $58°00'E, 200.00 meters to comer 92;
Thence S75°00'E, 160.00 meters to comer 93;
Thence S16°00'W, 150.00 meters to comer 94;
Thence S11°00'W, 170.00 meters to comer 95;
Thence S46°00'W, 210.00 meters to corner 96;
Thence SOO°10'E, 240.00 meters to comer 97;
Thence S30°00’W, 250.00 meters to corner 98;
Thence S64°00'W, 150.00 meters to comer 99;
Thence S44°00’'W, 170.00 meters to corner 100;
Thence $22°00'W, 210.00 meters to comer 101;
Thence $24°00'E, 150.00 meters to comer 102;
Thence S82°00’W, 280.00 meters fo comer 103;
Thence N66°00'W, 285.00 meters to corner 104;
Thence NI2°00'E, 175.00 meters to comer 105;
Thence N25°00'W, 280.00 meters to corner 106;
Thence N33°00’W, 260.00 meters to corner 107;
Thence N53°00'W, 270.00 meters to comer 108;
Thence $83°00'E, 280.00 meters to comer 1;

The point of beginning containing an area of ONE THOUSAND NINETY FOUR AND
POINT NINE HUNDRED FIFTY SEVEN (1,094,957) HECTARES, more or less.

The Buffer Zone Parcel | begins at @ point marked “1” which is identical to comer 9 of
Project No. 19-B, Block-C, T.l, Map No, 2004;

Thence N27°02'W, 260.10 meters to. comer 2;
Thence N70°OI'W, 140,20 meters to comer 3;
Thence N5I°02'W, 240.30 meters to comer 4;
Thence N78°0I'W, 180.30 meters fo comer 5;
Thence NOO°OI'E, 235.10 meters fo comer 6;
Thence N27°57’E, 290.00 meters fo comer 7;
Thence N52°58'E, 239,80 meters fo comer 8;
Thence $86°00'E 239.60 meters fo comer 9;
Thence S60°58' 174,80 meters fo comer 10;
Thence N89°35'W, 249,60 meters to comer 11;
Thence $79°59'E, 279.60 meters to comer 12;
Thence $87°00'E, 244,60 meters to. comer 13;


Thence N84°59'W,, 264.60 meters to corner 14;

Thence $48°58’E, 329.70 meters to comer 15;
Thence S38°58'E, 179.90 meters to comer

Thence S06°00'E, 239.90 meters to corner

Thence S74°02'E, 470.70 meters fo commer

Thence NO2°00'E, 218.10 meters to corner 19;
Thence NO9°34'W, 199.00 meters to corner 20;
Thence $73°22’W, 164.60 meters to comer 21;
Thence N77°10'W, 174.10 meters to commer 22;
Thence $44°22'W, 165.10 meters to corner 23;
Thence N78°09’'W, 209.10 meters to comer 24;
Thence N31°13’E, 138.30 meters to. comer 25;
Thence N20°34’'W, 68.90 meters to comer 26;
Thence S86°35'W,, 223.30 meters to. comer 27;
Thence S29°17'W, 171.30 meters to comer 28;
Thence S08°30'W, 361.20 meters to comer 29;
Thence $20°27’W, 250.60 meters to corner O1;

The point of beginning containing an area of ONE HUNDRED SEVEN AND POINT
SEVEN HUNDRED FORTY EIGHT (107.748) HECTARES, more or less.

The Buffer Zone Parcel 2 begins ot a point marked “I” which is identical to corner 30 of
Buug Natural Biotic Area;

Thence N3I°58'W, 289.80 meters fo comer 02;
Thence N38°58'W, 309.80 meters lo comer 03;
Thence N5I°58’W, 249.70 meters fo comer 04;
Thence NO2°00’E, 180.00 meters to corner 05;
Thence N61°58'W, 259.70 meters to corner 06;
Thence N66°58'W, 269.60 meters to comer 07;
Thence N76°37°E, 194.70 meters fo comer 08;
Thence N8O°I6'E, 241.40 meters to comer 09;
Thence N89°00'E, 321.30 meters fo comer 10;
Thence S70°20'E, 206.30 meters to comer Il;
Thence S19°23’E, 210.20 meters fo comer 12;
Thence $12°26'E, 245.00 meters to. comer 13;
Thence S16°37’E, 225.50 meters to comer 14;
Thence $O7°02'E, 150.00 meters to comer 15;
Thence S03°15'W, 158.90 meters to comer 16;
Thence SI7°18'W, 112.20 meters to comer O1;

The point of beginning containing an area of FORTY FOUR AND POINT THREE
HUNDRED FORTY EIGHT (44.348) HECTARES, more or less,

‘The Buffer Zone Parcel 3 begins at a point marked “I” which is identical to comer 51 of
Buug National Biotic Area;

Thence N39°04’E, 113.92 meters to comer 02;
Thence N68°00'E, 207.46 meters to corner 03;
Thence N39°32'E, 233.81 meters to comer 04;
Thence N12°01’E, 424.29 meters to corner 05;
Thence $83°43'E, 340.47 meters. to comer 06;
Thence $73°29'E, 164.71 meters to. comer 07;


Thence $46°32'E, 137.84 meters to corner 08;

Thence $27°28'E, 336.77 meters to comer 09;
Thence S10°57’W, 175.59 meters to corner 10;
Thence S40°05’E, 155.96 meters to corer Il;

Thence $21°49°E, 166.48 meters to corner 12;
Thence SO8°56'W, 265.76 meters to comer 13;

Thence S49°29'W, 187.66 meters to comer 14;
‘Thence S60°37'W, 188,12 meters to comer 15;
Thence N84°03'W, 234,82 meters to corner 16;
Thence NO7°O1'W, 215.75 meters to corner 17;
Thence N68°02’W, 220.66 meters to corner 18;
Thence N61°06'W, 248.85 meters to comer 19;
Thence N48°05'W, 191.78 meters to corner 20;
Thence NIO°25'W, 203.10 meters to corner Ol;

The point beginning containing an area of ONE HUNDRED TWENTY SIX AND POINT
FIVE HUNDRED NINETEEN (126.519) HECATRES, more or less

The Buffer Zone Parcel 4 begins al a point marked “1” which is identical to comer 26 of
Project No. 19-C, Block 1, T.C., LC Map No. 2228;

Thence $43°42°W, 232.47 meters to corer 02;
Thence $73°27'W, 297.18 meters to corner 03;
Thence $71°25'W, 162.23 meters to corner 04;
Thence N30°29'W, 234.66 meters to. comer 05;
Thence NO4°36'W, 145.03 meters to comer 06;
Thence NO5°02°W, 205.12 meters to corner 07;
Thence NO2°0S'W, 265.10 meters to corner 08;
Thence NI2°32’E, 204.84 meters to corner 09;
Thence NO6°59’E, 180.12 meters to comer 10;
Thence NII°S1'W, 190.10 meters to comer I];

Thence NI2°SO’W, 215.09 meters to comer 12;
Thence NI1°36'E, 229.87 meters to comer 13;
Thence N15°22'E, 174,75 meters to corner 14;
Thence NO9°35’E, 199.92 meters to comer 15;
Thence NI6"12’E, 138.97 meters to comer 16;
Thence $79°05’E, 258.45 meters to corner 17;
Thence S63°03'E, 232.16 meters to comer 18;
Thence $65°20'E, 187.32 meters to comer 19;
Thence $73°12’E, 222.95 meters to comer 20;
Thence S83°33’E, 183.81 meters to comer 21;
Thence S25°08'W, 262,32 meters to comer 22;
Thence SO6°48'E, 203.96 meters to corner 23;
Thence $27°13'E, 197.9) meters to corner 24;
Thence $36°22'E, 197.42 meters to comer 25;
Thence S44°13’W,, 157.67 meters to corner 26;
Thence N75°15'W, 96.83 meters to corner 27;
Thence $37°53'W, 475.14 meters to corner 28;
Thence $30°24'W, 169.85 meters to corner 29;
Thence SI1°59’E, 317.14 meters fo comer 1;

The point of beginning containing an area of ONE HUNDRED NINETY ONE AND
POINT TWO HUNDRED EIGHTY FOUR (191.284) HECTARES, more or less,


The technical description of Buug National Biotic Area and Buffer Zone shail be subject
to ground verification survey

SECTION 4. Definition of Terms ~ For the purpose of this Act, the following are defined
as follows

(0) Notural Biotic Area is an area set aside to allow the way of life of societies living
in harmony with the environment to adapt to modem technology at their pace.

(©) Buffer Zone ~ identified area outside the boundaries of an immediately adjacent to
designated protected areas pursuing fo Section 8 NIPAS Act of 1992 that need
special development control in order to avoid or minimize harm to the protected
area;

(0) Integrated Protected! Area fund’ ~ is a trust fund established for purposes of
financing projects of the system.

(d) Tenured Migrant Communities - are communities within protected areas which
have actually and continuously occupied such areas for five (5) years before the
designation of the same as protected area in accordance with the NIPAS Act and
are solely dependent therein for subsistence.

(€) Protected! Area Superintendent ~ is the Chief Operating DENR Officer at the
Protected Area

() Protected Area - refers to identified portion 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.

(@). Twust Fund - is an account maintained in any government depository bank for a
specific purpose

(bh) Central Integrated Protected Area Fund/= is a trust fund maintained by PAW in any
government depository bank representing 25% remittances from the different
protected areas in accordance with Section 61 DAO 25, Series of 1992.

() indigenous Cultural Communities ~ refers to group of people sharing common
bonds of language, customs, traditions and other distinclive cultural traits, and who
have, since time immemorial, occupied, possessed and utilized a territory,

() Molle Use Zone ~ an area where settlement, traditional and/or sustainable land
use, including agriculture, agro-forestry, exlraction activities and other income
generating ot livelihood activities, maybe allowed to the prescribed in the
management plan. Land tenure maybe granted to tenured residents, whether
indigenous cultural community members or migrants

(W) Protected Area Superintendent (PASu) - is the Chief Operating Officer of the
protected area.

() Sustainable Use Zone - it is an area of high recreational tourism, educational or
environmental awareness values where ecotourism, recreational conservation
education or public awareness activities may be allowed.


(im) Restoration Zone ~is an area of degraded habitat or where the long term goal will
be restore natural habitat with its associated biodiversity and to rezone the area to
a more strict protection level. Exotic species shall not be use in the restoration
process:

(9) 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
feligious use by indigenous communities

(0) Habitat Management Zone - is an area with significance habitat and species
values where management practices area required periodically to maintain
specific non climax habitat types of conditions required by rare, threatened or
endangered species. Examples would be forest openings for the tamarraws or
bushy forest for the Philippine tarsier. Human habitation and sustainable use
maybe allowed if hey play « habitat management role,

(p) Special Use Zone ~ is an area containing existing installation of national
significance, such as telecommunication facilities, irrigation canals or electric
power lines. Such installation may be relained subject fo mutual agreement among
the concerned parties such installation will not violate any of the prohibition
contained in Section 20 of the Act,

SECTION 5. Management of Buug Natural Biotic Area ~ The management of the Buug
Natural Biotic Area shall be vested in the Protected Area Management Board (PAMB) as herein
provided, which shall serve as the highest policy making body for the Protected Areas (PA)
Through the PAMB, the management structure for the PA, shall promote partnership cooperation
and coordination with local communities and civil society organizations,

a. To conduct studies of various characteristics, features and conditions of the
protected area, using common characteristics, classify and define them into
categories and prescribe permissible or prohibit human activities in each
‘category in the system.

b. To adopt and enforce a land use scheme and zoning plan in adjoining areas for
the preservation and control of activities that may threaten the ecological
balance in the protected area

¢. To cause the preparation of and exercise the power to review all plans and
proposals for the management of protected area,

d, To promulgate rules and regulations necessary to carry out the provisions of this,
Act

2. To deputize Field Officers and delegate any of this powers under this Act and
‘other laws to expedite is implementation and enforcement.

f To enter info contract/s and/or agreements with private entities or public
agencies as any be necessary to carry out the purpose on this Act.

g. To approve administrative fees and fines pursuant to Section 21 of the NIPAS Act
for violation of guidelines, rules and regulations of this Act as would endanger the
Viability of the protected area.


To accept in the name of the Philippine Government ond in behalf of NIPAS
funds, gifts or bequests of money for immediate disbursement or other property in
the interest of NIPAS, or its services.

To call on any agency or instrumentality of the government as well as academic
institutions, non-government organizations and the private section as may be
necessary fo accomplish the objectives of the system.

To submit an Annual Report to the President of the Philippines and lo Congress on
the status of the protected area,

To establish @ uniform marker for the system, including an appropriate and
distinctive symbol for the protected area, in consultation with appropriate
government agencies in public and private organizations

To approve the specifications of the class, type and style of building and other
structure to be constructed in protected area and the materials to be used.

To perform such other functions as may be directed by the President of the
Philippines and to do such as may be necessary of incidental to. the
‘accomplishment of the purpose and objectives of the system,

SECTION 6. Protected! Area Management Board - There is hereby created a
Protected Area Management Board for Buug Natural Biotic Area shall be composed of the
following members;

1

2.

3

6.

z

The Regionall Executive Director (RED) of the DENR-R9 as the Chairman

One (I) representative from the Local Government Unit of Buug Municipality.
‘All Barangay Chairmen whose barangay is within or inside the protected area.
One (1) representative from the Peoples Organization ~ Buug Tribal Council
One (1) representative each from NGOs, Church sector and Development.
One (1) representative from Provincial Planning and Development Coordinator.

Representative from Other Government Agency

Fach member of the PAMB shall serve for a term of five (5) years and shall be
considered to represent and carry the vole of his/her secior 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

‘The PAMB en bane shall hold regular meetings at least every six (6) months. Special
meeting may be called upon proper notice as the need arises.

The PAMB members shall be entitled to honorarium and reimbursement of traveling
expenses incurred in atlending PAMB meetings, which expenses shall be included in the Buug
Natural Biotic Area budget.

The Board shall, by a majority vote, approve or take necessary action to:

2) Decide allocation for budget


b) Approve proposal for funding

©) Decide matters relating to planning, peripheral or resources protection and general
‘administration of the area in accordance with the General Management Planning
Strategy (GMPS)

d) Approve the delineation and demarcation of the protected area boundaries, buffer
zone, ancestral domains and recognize the righ! and privileges of indigenous
‘communities and tenured migrants under the provision of this Act,

dil, The PAMB and the PASu shall exercise authority over buffer zones in the
cooperation with NGOs and other government institution/s.

d.2. When a claim of ancestral domain is established following the procedures
identified in Section 46 of DAO No. 25, the Secretary shall direct the delineation
and demarcation of the same in coordination with the PAMB.

d.3, The evaluation of ancestral domain shalll follow the procedures set forth in
DAO 2 series of 1993. The PAMB, in coordination with Indigenous Community
Affairs Division of DENR and other concemed groups, shall undertake this
evalutation

d.4, The PAMB shall evaluate the evidences in support of tenured migrants status
for the granting of tenurial instruments.

e Promulgate rules and regulations to promote development programs and
projects on biodiversity conservation and sustainable development consistent
with the management manual of the protected area, ensuring that the
management plan provides livelihood benefits for local residents

Control and regulate the construction, regulation, operation and maintenance of
road, trails, waterworks, sewerage, fire protection and sanitation system and
other public utilities within the protected area,

g Ensure the implementation of programs as prescribed in the management plan in
order lo provide employment lo the people dwelling in and around the
protected area.

The management manual shall be drafted with the assistance of he experis in
such fields as socio-economic planning, ecology and protected area management,
reviewed and indorsed by the PAMB, approved by the Secretary.

h Resolve with assistance from the NGOs, conflicts between livelihood protection
needs of the communities and protected areas respectively.

Thus, zoning and regulatory approach would be applied within the framework
of negotiations among all parties, to rapidly curtail and then phase out
livelihood activities which area not compatible with the management
objectives.

i Monitor and evaluate the performance of the protected area personnel, NGOs
and the communities in providing for biodiversity conservation and socio-cultural


and economic development and report their assessment of IPAF Governing
Board.

|. Exercise regulatory functions for prohibited acts inside the protected area

SECTION 7. Protected! Area Office (PAO) - There shall be a Protected Office which
will be established adjacent the Protected Area,

The PASu shall be the Chief, Operating DENR Officer on site, which shall be directly
responsible fo the PAMB, His duties and responsibilities shall be in accordance with Section
38, DAO 25 Series of 1992 to include administrative and regulatory functions.

The PASu shall have the following staff.

a, One (I) Forester

b. Five (6) Forest Guards

¢. One (I) Ullity Worker

d. One) Flora and Fauna Specialist
@, One (I) Community Organizer

The PAMB shall endeavor to upgrade capabilities in the protection, management and
development of the protected area with the use of modern equipment and technologies,

SECTION 8. Tenured Migrants - Any person who has actually and continuously
‘occupies an area for five (5) years prior to the proclamation of Buug Natural Biotic Area in
‘accordance with the Section 5 of the NIPAS Act or RA 7586 and is solely dependent on the
Protected Area for subsistence shall be considered a tenured migran!. As a Tenured Migrant he
of she shall be eligible to become steward of a portion of land with multiple use management
‘or buffer zone of the Protected Area from those which he may derive subsistence. Provided,
however that those migrants who would not qualify for the category for tenured migrants shall
be resettled outside the Protected Area.

The PAMB shall consider the following as evidences in support of tenured migrant
status,

1. Cultivated trees at their fruit-bearing stage

2. Physical structures in the area indicating prolonged occupancy

3. Tax declaration receipts

4. Certification from the Barangay Chairman or any lwo (2) respected members of the
nearest community attesting to occupancy

5, Olher relevant data (e.g. previous census repor!)

The PAMB shall develop a tenurial instrument consistent with the conservation goals of
NIPAS. Such instrument shall be prepared within twelve (12) months from the effectivity of this
Act.

The tight, interests and activities of tenured migrants within protected areas and their
adjoining buffer zones shall be govened by the principles of biodiversity
protection/conservation and sustainable development and by the guidelines prescribed in the
General Management Planning Strategy (GMPS) as well as the prohibitions set forth in Section
20 of the NIPAS Act, Provided, that all plans, policies and guidelines affecting tenured
‘migrants shall be developed and implemented in parinership with them,


In no case shall the tenurial instruments or the rights and interests therein be transferred,
sold, lease, encumbered or made as collateral, security or joint venture; otherwise, it shall be
void; provided that said rights can only be transferred fo direct descendants

Any violation of the terms and conditions of the tenurial instruments or any provisions of
this Act or abandonment by a tenured migrant shall constitute sufficient ground for revocation of
his/her tenurial right

Upon cancellation of « tenured migrant instrument for cause or by voluntary surrender of
fights, the Protected Area Superintendent shall toke 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,

SECTION 9. Other Activities within Protected’ Area - The project will consider
development capability in moderate intensity with minimal structures subject to review of the
PAMB to determine which of these facilities are to be maintained and established and those
that are detrimental to the resources of the protected area shall be demolished.

Proposals for activities which area outside the scope of GMPS for protected areas shall
be subject to an Environmental Impact Assessment (EIA) as required by law and upon
recommendation by the PAMB before they are adopted, and the results thereof shall be taken
into consideration in the decision making process. No actual implementation of such activities
shall be allowed without the required Environmental Compliance Certificate (ECC) under the
Philippine Environmental Impact Assessment System (EIAS). In addition to the requirements
needed in obtaining ECC within the protected area, PAMB clearance mus! be secured.
Likewise, all existing proponent in the area shall furnish PAMB a copy of their ECC’s for
monitoring purposes within thirty (30) days upon approval. In instances where such activities
are allowed to be undertaken, the proponent shall plan and carry them out in such a manner
that will minimize any adverse effects.

SECTION 10. Integrated Protected Area Fund - The following shall consiitule part of
the Integrated Protected Area Funds and shall be subject to the rules on Integrated Protected
Area. Funds the moment they accrue:

a. Fees derived from permitted collection of flora and fauna and other resources within
the Buug Natural Biotic Area other than protected species, as maybe sel by the
DENR and PAM;

b. Proceed from the lease of land and facilities within the multiple-use and recreational
zones, and permitted resources-use utilization including commercially-operated
facilities within the Buug Natural Biotic Area;

c. Fees, royalties and contributions from industries, facilities directly benefiting from
resources originating from Buug Natural Biotic Area;

d. Fines and fees, including eniry and visitors fees, os may be collected from the
‘operation of the Buug Natural Biotic Area and set by the Protected Management
Board, and

2. Donations, endowments, grants and other gratuitous sums received from legal
sources fro purposes of management and conservation of the Buug Natural Biotic
Area. Provided, that the lawful conditions attached to donations shall be
respected. Provided further, that these conditions shall be subject fo review by the
PAMB and DENR.


The Protected Area Management Board shall have the power to disburse the Integrated
Protected Area Funds. Twenty Five percent (25%) of the Integrated Protected Area Funds shall
be for the use of the National Government to support the operation of the National Integrated
Protected Area System. The remaining Seventy Five percent (75%) thereof, including item(s)
above, shall be allocated to the oeprationalization of the Buug Natural Biotic Area

SECTION Il. Special Prosecutor ~ The Regional Legal Affairs, DENR, R-9, Pagadian
City shall advise the PAMB through the RED being the chairman of the Buug Natural Biotic Area
con all legal matters concerning Protected Area Managemen! and which shall be responsible for
providing PAMB through the PASu with the legal assistance in litigation involving the interest of
the Buug Natural Biotic Area.

The legal affairs Office shall conduct preliminary investigation on the basis of complaints
filed by the PASu. PAMB or any interested person against a natural or judicial person believed
to have violated Section 17 of DAO 25, series of 1992 and those persons who committed the
prohibited acts as enumerated under Section 12 hereof.

SECTION 12, Prohibited Acts, ~ The following acts are prohibited in Buug Natural Biotic
Area;

1. Hunting, destroying, disturbing or mere possession of any plants or animols and its
products derived from Buug Natural Biotic Area without a permil from the Protected
‘Area Management Board;

2. Dumping of any waste products of introduction of activities detriment to the
protected area or to the plants and animals or inhabitants therein;

3. Use of any motorized equipment within prohibited areas without a permit from the
PAMB;

4. Muoltilating, defacing or destroying of objects natural beauty, or objects of interests
to cultural communities;

5. Damaging and leaving roads and traits in a damaged conditions;
6. Squatting, mineral exploration, or otherwise occupying any land;

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

8. Altering, removing, of destroying or defacing boundary marks or signs;
9. Extraction of Flora and Fauna;
10, Conduct of the following activities without permit from the PAMB;
Mountain climbing
Camping
Spelunking/coving
Researching
Touring
in order to punish destructive activities that has not been anticipated, the PAMB is

hereby authorized to impose corresponding administrative penalties

13


SECTION 13. Penatlies - Any person who violates this Act or any rules or regulations
issued by the Department of Environment and Natural Resources pursuant to this Act and found
guilty by a competent court of any of the offenses enumerated in the preceding Section shall be
fined in the amount of TEN THOUSAND PESOS (Php 10,000.00) and not more than FIVE
HUNDRED THOUSAND PESOS (Php 500,000.00) exclusive of the value of the thing damaged
of imprisonment for not less than one (1) year but no! more than six (6) years, or both, as maybe
determined by the court,

Provided further, that the Cour shall order the eviction of the offender from the land and
forfeiture in favor of the govemnment of all minerals, timber or any species collected or removed
including all equipment, devices and firearms used in connection therewith, and any
consituction or improvements made thereon by the offender. If he offender is an association or
corporation, the president or manager shall be directly responsible for the act of his employees
oF laborers. Provided final, that the PAMB may impose fines and penallies of violations not
covered by existing regulations

SECTION 14. Appropriations. There is hereby authorized the appropriation of the sum
of One Million (Php 1,000,000,00) pesos or more as maybe necessary out of any funds in the
National Treasury not otherwise appropriated to carry out the purposes of this Act, thereafter,
the amount of at least Two Million Five Hundred Thousand Pesos (Php 2,500,000,00) so as
maybe necessary shall be included in the annual appropriations act of the National
Government which shall be used for the creation of Plantilla positions of personnel manning the
protected area including that of the monthly operating expenses, equipment and other
incidental expenses incurred

SECTION 15. Separability Clause - If any provisions of this Act is declared as
unconstitutional, such declaration shall not affect the other parts or sections hereof.

SECTION 16. Repealing Clause - All laws, presidential decrees, execulive orders,
rules and regulations inconsistent wih any provisions of this Act shall be deemed repealed or
modified accordingly

SECTION 17. Effectivity ~ This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation readily available in and around
the scope specified herein. It shall likewise be posted in a conspicuous place in the Provincial,
‘Municipal and Barangay halls within the area as well as in the three (3) other places frequented
by the public.