Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
4** Regular Session
592
HOUSE BILL NO. ches

Introduced by Representative ROMMEL C. AMATONG

EXPLANATORY NOTE

This Bill seeks to establish and strengthen the legal status of the Mainit Hot Springs Protected
Landscape (HSHPL) and to expand its boundaries to include the entire Manat River Watershed.

The Mainit Hot Springs are located in the headwaters of the Manat River in Barangay Bukal and
Barangay Mainit, in the Municipality of Nabunturan, the capital town of Compostela Valley
(COMVAL) Province. The lands around the Mainit Hot Springs officially became Mainit Hot
Springs National Park through a Presidential Proclamation No.466 dated December 12, 1957
and pursuant to Republic Act No. 3915. The same area was converted into a Protected
Landscape under the NIPAS Law of 1991 to accommodate aboriginal Mansaka tribesmen to
continue to reside inside their ancestral domain within the Upper Manat River Valley. However,
these administrative actions failed to prevent timber poaching by both legitimate and unlicensed
loggers, illegal harvesting of other forest products, illegal hunting and animal poaching, illegal
mining and quarrying, and illegal entry and residence of migrant farmers, traders and small
miners. Destruction and degradation of the environment continue to a point when droughts and
flush floods are now threatening to ravage the rich agricultural lands of the Lower Manat River
Valley in the municipalities Nabuturan and Montevista. A strong Congressional Act is, therefore,
urgently needed to adequately protect and rehabilitate this only remaining thinly forested
watershed at the headwaters of the Manat River.

Moreover, to ensure active and intelligent participation of the indignous Mansaka population and
the tenured migrants in developing a successful and sustainable program of rehabilitating the
ecological trasures found within the Mainit Hitsprings Protected Landscape, this bill provides for
the implementation of a value education program intended to convert Park dwellers into
rehabilitators and protectors of biodiversity and wildlife habitat. It also stipulates for the creation
of a world-class but community based eco-tourism project, as a sustainable source of livelihood
for the indigenous Mansaka and the tenured migrants residing and occupying parcels of land
within the Protected Area

‘The approval of this bill is therefore most earnestly sought.

 RMATONG
ressional District
stela Valley Province


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Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SIXTEENTH CONGRESS
1st Regular Session

ogi

HOUSE BILL NO.

Introduced by Representatives ROMMEL C. AMATONG

AN ACT
ESTABLISHING MAINIT HOTSPRINGS LOCATED IN THE MUNICIPALITIES OF
NABUNTURAN, MAWAB, AND MACO IN THE PROVINCE OF COMPOSTELA VALLEY 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 House of Representatives of the Philippines in Congress assembled:

CHAPTER ONE
INTRODUCTORY PROVISIONS

SECTION 1. Title. This Act shall be known as the Mainit Hot Springs Protected Landscape Act
of 2013,

SEC. 2. Declaration of Policy. Considering that the aesthetic, economic, cultural, and
ecological importance of Mainit Hot Spring's and its unique biological resources are now being
seriously threatened by extractive and destructive activities of timber and wildlife poachers, by
illegal and franchised miners, by kaingin or siash-and-bum farmers, and land speculators, it is
hereby declared the policy of the State to secure its protection and conservation, and to
promote the welfare of the indigenous peoples and communities residing therein as well as their
culture and way of life. In so doing, the State shall

A. Ensure the protection and conservation, restoration and rehabilitation of biodiversity and
wildlife habitat in Mainit Hot Springs Protected Landscape through sustainable and participatory
development:

B. Advance, respect, and protect the customs and interests of its legitimate inhabitants, tenured
migrants, and indigenous peoples alike;

C. . Promote ecotourism as a strategy to provide sustainable source of income and livelihood to
park dwellers and to motivate them to become actively responsible for the protection,
conservation, restoration and rehabilitation of the entire Manat River Watershed into a Natural
Park;


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D. Assist indigenous Mansaka and Tenured Migrants families to resettle their residences in
hazard free sites at the northern entrance of the Park and to create for themselves an
ecovillage(s) or ecologically friendly community(-ies); and

E. Foster parinership among government, non-govemment organizations, peoplel. s
organizations, and religious groups in conducting continuous Information and Education
Campaign (IEC) to help Protected Area dwellers to develop environmentally friendly worid
views, life style, norms, attitudes, values and behaviors that will transform them from being
destroyers of natural resources to being restorers, rehabilitators, conservers and protectors of
biodiversity and wildlife habitats

SEC. 3. Definition of Terms.

‘A. “Ancestral Domain/Ancestral Lands” refers to all areas generally belonging to Indigenous Cultural
Communities/indigenous Peoples (ICCs/IPs), subject to property or prior rights within the ancestral
domains already existing and vested upon the effectivity of Republic Act No. 8371 or the Indigenous
People's Rights Act (IPRA) of 1997, comprising of lands, inland waters, and natural resources theren
held under a claim of ownership, occupied or possessed by ICCs/IPs, by themselves or through their
ancestors, communally or individually since time immemorial, continuously to the present except when,
interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of
government projects or any other voluntary dealings entered into by govemment and privale
individuals/corporations, and which are necessary to ensure their economic, social and cultural welfare. It
shall include ancestral lands, forests, pasture, residential, agricultural, and other lands individually owned
whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of
water, mineral and other natural resources, and lands which may no longer be exclusively occupied by
ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities,
particularly the home ranges of ICCs/IPs who are still semi-nomadic and/or shifting cultivators.

B. “Authorized Representative” refers to a proxy who is invested with full authority to make decision and
cast a vote on behaff of his/her principal or the person represented.

D. “Biodiversity” refers to the variety and variability among all living organisms and the ecological complex
in which they occur.

E. “Buffer Zones’ are identified areas outside the boundaries of the designated protected area pursuant
to Section 8 of Republic Act No. 7586 or the National Integrated Protected Areas System (NIPAS) Act of
1992, that need special development and control in order to provide an extra layer around the protected
‘area where restrictions may apply and managed according to the management plan and applicable rules
and regulations issued as provided for in this Act and related statutes.

For Mainit Hotsprings Protected Landscape (MHSPL) to fulfil its function as source of potable water and
irrigation water for outlaying lowland communities in the Municipalities of Nabunturan and Montevista, its
boundary must encompass all the lands of the Manat River Watershed. Extractive and destructive
activities occurring in the headwaters of the Manat River and its tributaries have adverse effects on the
rehabilitation work being undertaken down streams, around the area of the hot springs. Its Buffer Zone to
be truly effective, its external boundary must be measured at a distance of approximately one kilometer
away from the top of the MHSPL mountain ridge boundary.

‘Areas of MHSPL, which had earlier been committed by the government to private entrepreneurs, shall bo
treated temporarily as part of the MHSPL Buffer Zone. A MOA with these entrepreneurs must be made s2
that they will refrain from such activities that will cause damage to the restoration work being undertaken

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in other zones of the Protected Area. To protect macro and micro organisms present in the Park from the
trauma caused by vibration, noise, air and water pollution, the use of dynamite and explosives must ke
avoided. Ores extracted by mining companies with permission from the Goverment shall not ke
transported on the road that traverses the Park. These companies may not use Manat River and i's
tnbutaries as conduits to dispose of their mining wastes. If possible, all processing of ores shall be made
inside Government owned processing plants outside of the Protected Area and its Buffer Zone to ensure
Safe disposal of toxic, and waste toxic mine tailings willing not pollute our rivers and bays.

They will also faithfully undertake restoration activities stipulated in their franchises, Upon the termination
of MOAS, contracts and mining permits, the area becomes an integral part of the Protected Area,

F.. "Community Based Eco-Tourism Program” entails the participation of the greatest number of local
residents in sharing the economic benefits derived by participating in developing the potentials of MHSPL
into @ world class eco-tourism destination. Forthis purpose, they must be organized into a tourism
cooperative. They will also eam their living by being employed as tourism management officers and
members of the park rehabilitating and maintenance crew, picnic and camping ground maintenance
Personnel, tourist guides, lecturers (on ecology, reforestation and Mansaka culture and arts), scientific
assistants, park wardens, interpreters, life guards, forest guards, etc. They will be encouraged to engage
in cottage industries producing and selling handicrafts and souvenirs, fruits from their agro-forest farms,
and native food to visitors and tourists. The IPs (Indigenous Peoples will eam by organizing and
managing the Mansaka Culture Tours. Unlike privately owned mountain resorts, the income derived fron
‘a community-based eco-tourism cooperative is shared among MHSPL residents, who are organized in a
tourism cooperative and who are actively involved in its protection, conservation, rehabilitation, and
restoration as a Natural Park

Eco-tourism requires low-impact type of development, avoiding and minimizing alteration of the natural
landscape and eco-system. It does not involve costly construction of artificial swimming pools, spas, golf
‘courses and tennis courts, hotels and function halls. The more natural the beauty of MHSPL is, the more
stunning, the more enjoyable, the more attractive, and the more famous it becomes among world class
eco-tourists. What is required is for MHSPL residents to allow the forest to grow undisturbed, and to
hasten the rehabilitation by planting indigenous species of timber trees, fruit bearing trees, and forest
‘growing cash crops for immediate forest cover. It is a low-impact development, not the capital intensive,
extractive, destructive and oppressive program usually undertaken by rich tourism entrepreneurs,

G. “Ecosystem” refers to the community of micro and macro organisms, plants and animals, their physical
environment, and the interactions between them

H. “Environmental impact Assessment" refers to the Environment Impact Assessment System issued by
the Department of Environment and Natural Resources (DENR) established under Presidential Decres
No. 1586 or supervening legislation.

|. “Endangered Species” refers to species or subspecies whose populations are in danger of extinction
and whose survival is unlikely if the causal factors continue operating;

J. "Endemic Species" refers to species or subspecies, which has limited distribution, often within the
geographical limits of the State;

K. “Exotic Species” refers to species or subspecies which do not naturally occur within the country or
within the biogeographic region of the Philippines in which the Protected Area is situated.

L. ‘Habitat” refers to an area inhabited by wildlife in the natural state.

M. “Indigenous Cultural Communities” refers to the ICCs/IPs as defined in the IPRA. Specifically in tha
Mainit Hot Springs Protected Landscape, the original ICCs/IPs are the Mansaka people belonging to th>

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Maynukas-Dumagno clan; other IP families now found inside the Park, like the Mandaya and the
Agusanon-Manobo, are migrants, who came into these parts after the 1950s when the century old trees
were illegally logged and later when illegal gold mining started. Both these aboriginal and migrant IF’s
residing within the Manat River Watershed are substantially dependent upon the Protected Area

N. “Indigenous Species" refers to native Philippine species and/or subspecies with an existing or
historical natural occurrence and distribution within the MHSPL and its buffer zones:

O. "IPRA Law’ refers to the Indigenous Peoples Rights Act or Republic Act No. 8371 and its pertinent
rules and regulations,

P. ‘Kaingin Farming” refers to the stash and burn of vegetation to clear the land for agricultural purposes;

Q ‘Large-scale Infrastructure Projects” refers to major port facilities, major highways, tall edifices, major
dams, and the like;

R. "Management Plan (MP)" refers to the fundamental plan, strategy, and/or scheme which shall guide
ail activities relating to the Mainit Hot Springs Protected Landscape in order to attain the objectives of this
Act as stated in Section 2 hereof.

T. ‘Multi-Use Zones" refers to areas where settlement, traditional and/or sustainable land use, including
agriculture, agro-forestry, extraction activities and other income generating or livelinood activities may be
allowed to the extent prescribed in the management plan;

U. “Natural Park’ refers to a relatively large area not materially altered by human activity where extractive
resource use and large-scale infrastructure projects are not allowed in its Strict Protection Zones and
maintained to protect outstanding natural and scenic areas of natural or international significance for
education, scientific and recreational use; ‘Natural Park” also refers to a Protected Area where there is
stricter implementation of Management Plan designed to restore the Park into its original state as an
uninhabited tropical rain forest prior to the destructive and extractive activities of illegal logging, timber
poaching, illegal mining, hunting of wild life and kaingin farming

V. 'NIPAS Act” refers to the National integrated Protected Areas System Act pf 1992 or Republic Act No.
7586, and its pertinent rules and regulations;

W. "Non-Government Organization (NGO)." refers to any civic, development, conservation, philanthropic
non-stock, non-profit organization, duly registered, having bylaws, a democratically elected
fepresentation and multi-sectored in character,

X. Non-renewable Resources refers to those resources found within the MHSPL and its Buffer Zones,
the natural replenishment rate of which is either not known, or takes more than twenty five (25) years to
accomplish;

Y. 'PASu' refers to the Protected Area Superintendent,

Z. “PAMB’ refers to the Protected Area Management Board;

AA. “People“'s Organization (PO) refer to any organized group of people, especially the sector of the
poor, marginalized, disempowered and indigenous population, residing within the MHSPL and its buffer
zones formed to advance the interest of the sector they represent,

BB. “Protected Landscape (PL) or Protected Area’ (PA) refers to identified portions of land and water set
aside by reason of their unique physical and biological significance, managed to enhance biological

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diversity and protected against human exploitation, and unless the context otherwise provides, shall refer
to the MHSPL,

CC. “Protected Species” refers to any plant (flora) or animal (fauna) that is declared “protected under
Philippine laws, rules and regulations issued by the DENR. This also includes species listed as
‘protected: against trade, hunting and harvest under International Convention to which Philippines is or
will become signatory, including but not limited to plants and animals listed under CITES, the Bonn,
Convention on Migratory Animals, those specified under the red-list categories of the Intemational Union
for Conservation of Nature (IUCN). In addition to these, they include species which may be restricted for
se under regulations issued by DENR and the PAMB, those species which may not be considered
threatened elsewhere but are in danger of extinction within the MHSPL as determined by DENR and the
PAMB, and those particularly mentioned in the Management Plan of this protected area:

DD. “Public Consultation refers to a meeting or dialogue with the concerned or affected individuals within
and outside the Protected Area (PA) designed to identify and resolve issues and problems affecting them:
30. ‘Quarrying’ refers to the process of extracting, removing and disposing quarry resources, as defined
by law, found on or underneath the surface of private or public land

EE. ‘Recreational Zones" refers to areas within the PA which are designated for eco- tourism, sports,
recreational and environmental education activities as may be allowed according to prescriptions of ths
Management Plan MP).

FF. ‘Secretary’ refers to the Secretary of the Department of Environment and Natural Resources (DENR)

GG. “Special Use Zone" refers to specific areas within the PL containing existing installations of national
significance such as telecommunication facilities, irrigation dams, pipes and canals, dynamos/electricity
generators and power line;

HH, “Strict Protection Zone" refers to areas with high biodiversity value which shail be closed to all human
activity except for scientific studies and/or ceremonial or religious use for the ICCs/IPOs;

Il. ‘Sustainable Use" refers to the use of components of biological diversity in a way and at a rate thet
does not lead to the deciine of the species used. It does not cause permanent or long-term reduction or
qualitative degradation or extinction of biological species and the ecological functions of resources
‘extracted or disturbed, thereby maintaining its potentials to meet the needs and aspirations of the present
and future Filipino generations,

JJ. “Tenured Migrants” refers to individuals and households within the MHSPL who actually and
continuously occupied such areas for five (5) years prior to the conversion of Mainit National Park a3
Mainit Hot Springs Protected Landscape MHSPL) by virtue of the NIPAS Law of 1992 and are
substantially dependent therein for subsistence:

KK. “Traditional” refers to using no power machinery resource in extraction process and consistent with
historically customary techniques of production; ~ refers to wild forms and varieties of flora and faune,
including captive-bred or propagated individuals, parts, derivatives and by-products thereof,

LL. “Timber? refers to wood having an average diameter of at least fifteen (15) centimeters and a length
of at least one and a half (1.5) meter in its unaltered state, or wood regardless of size, sewn or hewn on
two or more sides usually referred to as tablon

MM. “Zones” refers to the divisions within the MHSPL into levels of protection and permitted use of
natural resources such as strict Protection Zones, Restoration Zones, Cultural Zones,


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Recreational Zones, Multi Use Zones, Special Use Zones and Buffer Zones, as provided under
existing rules and regulations.

CHAPTER TWO
SCOPE

SEC. 4. Scope. The Mainit Hot Springs Protected Landscape (MHSPL) shall coincide with the
natural boundaries of the Manat River Wateshed, and shall cover lands situated mainly in the
Municipality of Nabunturan; but certain parcels of lands of the Protected Area are also located
within the boundaries of the municipalies of New Bataan, Mawab and Maco in the province cf
Compostela Valley,

A. The Boundaries of the PROTECTED AREA:

The boundaries of the Mainit Hot Springs Protected Landscape, containing an area of
64,807,618.65 square meters, more or less, subject to ground demarcation are as follows:

Beginning at a point marked “1" on the map and on the ground; being S. 45° 59| W. about
5,341.50 meters from PRS 92 Concrete Monument No. COV 3106:

Thence, N 76°60 E 324.51 meters to point 2,
Thence, $ 33°203 E 272.92 meters to point 3,
Thence, $ 11°38 E 173.57 meters to point 4,
Thence, S 33°082 E 722.53 meters to point 5,
Thence, DUE EAST 705.00 meters to point 6,
Thence, $ 58°24 E 457.93 meters to point 7,
Thence, N 26°5621 E 353.31 meters to point 8,
Thence, 5 69°410 E 143.96 meters to point 9,
Thence, S 33°192 E 209.40 meters to point 10,
Thence, § 757193 E 217.08 meters to point 11,
Thence, N 16*390i E 314.17 meters to point 12,
Thence, N 26*078 E 227.19 meters to point 13,
Thence, N 45*S80i E 208.63 meters to point 14,
Thence, N 46*59%i E 205.18 meters to point 15,
Thence, N 42°208 E 304.38 meters to point 16,
Thence, N 43°10 E 353.62 meters to point 17,
Thence, N 42°108 E 357.53 meters to point 18,
Thence, N 25°09 W 270.65 meters to point 19,
Thence, N 48°0S@ E 262.01 meters to point 20,
Thence, N 29°318 E 304.51 meters to point 21,
Thence, N 12°01 E 240.26 meters to point 22,
Thence, N 10°37” E 162.79 meters to point 23,
Thence, N 01°30 £ 190.07 meters to point 24,
Thence, N 01°09 W 250.05 meters to point 25,
Thence, N 34°13 E 151.16 meters to point 26,
Thence, $ 40°113 E 294.49 meters to point 27,


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Thence, $ 682128 E 242.33 meters to point 28,
Thence, N 27°018 E 286.23 meters to point 29,
Thence, N 52°008 E 203.04 meters to point 30,

Thence, N 86°54 E 185.27 meters to point 31,

Thence, S 80° 55% € 126.59 meters to point 32,

Thence, S 34°42 E 456.32 meters to point 33,

Thence, N 75°210 E 335.93 meters to point 34,

Thence, N $4°352\E 276.09 meters to point 35,

Thence, N 20°218 € 330.64 meters to point 36,

Thence, Following ridge Southeasterly Direction to 2 point

Located S 79° 422 E about 894.43 meters to Cor. 37,

Thence, following ridge Southeasterly irection to @ point

Located S 50° 082 E about 1,341.83 meters to Cor. 38,
Thence, following ridge Southeasterly direction to a point
Located S 06" 008 E about 1,578.65 meters to Cor. 39,
Thence, following ridge Southwesterly direction to a point
Located S 03° 4483 W about 1,152.44 meters to Cor. 40,
Thence, Following ridge Southwesterly direction to a point
Located S 37° 442 W about 1,315.15 meters to Cor. 41,
Thence, Following ridge Southwesterly direction to a point
Located S 05° 15 W about 984.12 meters to Cor. 42,
Thence, Following ridge Southeasterly Direction to a point
Located S 36" 128i E about 855.06 meters to Cor. 43,
Thence, Following ridge Southeasterly direction to a point
Located $ 58° 2621 E about 1,050.49.83 meters to Cor. 44,
Thence, following ridge Southeasterly direction to a point
Located S 61° 183 E about 1,020.36 meters to Cor. 45,
Thence, following ridge Southeasterly direction to a point
Located S 68” 348i E about 1,149.48 meters to Cor. 46,
Thence, Following ridge Southwesterly direction to a point
Located S 04” 368i W about 872.81 meters to Cor. 47,
Thence, Following ridge Southwesterly direction to a point
Located S 59° 10% W about 1,083.02 meters to Cor. 48,
Thence, Following ridge Southwesterly Direction to a point
Located S 62° 482 W about 1,006.29 meters to Cor. 49,
Thence, Following ridge Northwesterly direction to a point
Located N 69° 15% W about 1,058.64 meters to Cor. 50,
Thence, Following ridge Southwesterly direction to a point
Located S 50° 022 W about 1,167.70 meters to Cor. 51,
Thence, Following ridge Northwesterly direction to a p
Located N 84° 052 W about 1,553.26 meters to Cor. 52,
Thence, Following ridge Northwesterly direction to a point
Located N 68° 10 W about 1,411.28 meters to Cor. 53,
Thence, Following ridge Northwesterly direction to a point
Located N 52° 058 W about 1,261.21 meters to Cor. 54,
Thence, Following ridge Northwesterly Direction to a point
Located N 68° 033 W about 1,471.64 meters to Cor. 55,
Thence, Following ridge Northwesterly direction to a point

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Located N 24° 032 W about 1,325..03 meters to Cor. 56,
Thence, Following ridge Northwesterly direction to a point
Located N 37° 2128 W about 1,088.04 meters to Cor. 57,
Thence, Following ridge Northwesterly direction to a point
Located N 21° 372 W about 1,425.22 meters to Cor. 58,
Thence, following ridge Northwesterly direction to a point
Located N 65° 14% W about 1,073.84 meters to Cor. 59,
Thence, following ridge Northwesterly direction to a point
Located N 24° 443 W about 836,72 meters to Cor. 60,

Thence, N 56°0121E 1,055.33 meters to point 61,

Thence, N 40°262 E 886.71 meters to the point of beginning.

Sec. 5. Establishment of Buffer Zone. Buffer zone of the Mainit Hot Spring Protected
Landscape is hereby established through this Act pursuant to Section 8 of the NIPAS Act to
serve as additional peripheral layer of protection to the protected area by providing regulated
benefits and livelihood opportunities to local communities to build a strong social fence to the
protected area. The boundary of the buffer zones, subject to ground demarcation is hereby
described as follows.

B. The Boundaries of the BUFFER ZONE

A parcel of land containing an area of 32,368,984.47 square meters, more or less, declared as
Buffer Zone, beginning at a point marked “1” on the map and on the ground being S 46° 251 W
about 14,816.97 meters from PRS Concrete Monument No. COV 3106;

Thence, S 28°32 E 648.85 meters to point 2,
Thence, $ 06°O7ii E 140.80 meters to point 3,
Thence, $ 33°48 E 673.96 meters to point 4,
Thence, N 85°360i E 651.92 meters to point 5,
Thence, $ 48°22 E 301.04 meters to point 6,
Thence, $ 59°32 E 98.62 meters to point 7,
Thence, N 27°S4ii E 384.71 meters to point 8,
Thence, S 66°482i E 228.47 meters to point 9,
Thence, $ 31°42 E 199.81 meters to point 10,
Thence, DUE EAST 120.00 meters to point 11,
Thence, N 06°29 E 221.42 meters to point 12,
Thence, N 32°00 E 235.85 meters to point 13,
Thence, N 49°240 E 230.49 meters to point 14,
Thence, N 45*00B E 176.78 meters to point 15,
Thence, N 38°40 E 320.16 meters to point 16,
Thence, N 41°59 E 336.34 meters to point 17,
Thence, N 53°08 E 250.00 meters to point 18,
Thence, N 18°26 W 395.28 meters to point 19,
Thence, N 65°03 E 237.12 meters to point 20,
Thence, N 30°12 E 318.16 meters to point 21,
Thence, N 14°56 E 232.86 meters to point 22,
Thence, N 04°58 W 115.43 meters to point 23,



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Thence 068 E 214.77 meters to point 24,°N 12
Thence 172 E 125.10 meters to point 25,°N 02
Thence 432 W 201.00 meters to point 26,°N 05
Thence, N 41°590i € 269.07 meters to point 27,
Thence, S 49°030 E 450.14 meters to point 28,
Thence, N 44°04 E 215.70 meters to point 29,
Thence, N 544718 E 208.09 meters to point 30,
Thence, N 73°04 E 240.42 meters to point 31,
Thence, 170 E 251.25 meters to point 32,°S 84
Thence, 5 34°422 £ 395.25 meters to point 33,
Thence, N 63°26 E 447.21 meters to point 34,
Thence, 3781 E 195.00 meters to point 35°N 22
Thence, N 39°17M E 284.25 meters to point 36,
Thence, N 59°21 E 313.85 meters to point 37,
Thence, N 11°49 E 219.66 meters to point 38,
Thence, N 22°38 W 351.92 meters to point 39,
Thence, N 05°57 E 241.30 meters to point 40,
Thence, S 627098 E 299.71 meters to point 41,
Thence, S 60°57 E 514.78 meters to point 42,
Thence, N 72°26 E 414.31 meters to point 43
Thence, N 80°38 E 461.14 meters to point 44,
Thence, N 89°15 E 385.03 meters to point 45,
Thence, $ 07°54 E 181.73 meters to point 46,
Thence, S 14°568 E 543.35 meters to point 47,
Thence, S 20°55 E 546.01 meters to point 48,
Thence, S 54°36 E 466.15 meters to point 49,
Thence, S 32°00% W 141.51 meters to point 50,
Thence, S 15°572 W 182.01 meters to point $1,
Thence, S 02°528 E 200.25 meters to point 52,
Thence, S 73°09@ E 172.41 meters to point 53,
Thence, S 60°573 E 154.43 meters to point 54,
Thence, DUE SOUTH 135.00 meters to point 55,
Thence, $ S7°162 E 166.43 meters to point 56,
Thence S 51°20 E 128.06 meters to point 57,
Thence, S 20°25 W 501.52 meters to point 58,
Thence, $ 56°35 W 299.54 meters to point 59,
Thence, $ 05°212 W 160.70 meters to point 60,
Thence, S 29°21 E 183.58 meters to point 61,
Thence, S 08°37 E 333.77 meters to point 62,
Thence, $ 13°240% E 323.81 meters to point 63,
Thence, S 29°032 E 308.87 meters to point 64,
Thence, S 43°56 W 1,909.52 meters to point 65,
Thence, S 43°450% E 1,626.73 meters to point 66,
Thence, $ 41°14 E 1,023.98 meters to point 67,
Thence, S 76°302 E 668.46 meters to point 68,
Thence, $ 43°270E 1,308.63 meters to point 69,
Thence, S 03°16 W 876.43 meters to point 70,
Thence, $ 18°39 W 1,250.89 meters to point 71,

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Thence, $ 43°41 W 1,230.69 meters to point 72,
Thence, $ 86°56 W 2,804.02 meters to point 73,
Thence, S 85°59 W 1,428.50 meters to point 74,
Thence, N 83°593 W 1,910.50 meters to point 75,
Thence, N 58°17 W 1,616.52 meters to point 76,
Thence, N 37°203 W 692.03 meters to point 77,
Thence, N 82°532 W 886.85 meters to point 78,
Thence, N 25°35B W 1,042.16 meters to point 79,
Thence, N 23°352W 1,936.81 meters to point 80,
Thence, N 42°550i W 1,945.83 meters to point 81,
Thence, N 46248 W 1,450.00 meters to point 82,
Thence, N 025221 W 1,001.25 meters to point 83,
Thence, N 070082 E 201.56 meters to point 84,
Thence, N 610 232 E 313.25 meters to point 85,
Thence, N 680452 € 482.83 meters to point 86,
Thence, N 150572 E 182.01 meters to point 87,
Thence, N 140022 W 206.16 meters to point 88,
Thence, N 500432 E 355.32 meters to point 89,
Thence, N 090 152 E 217.83 meters to point 90,
Thence, S 850 33 E 1,544.67 meters to point 91,
Thence, S 330592 W 536.68 meters to point 92,
Thence, S 400262 W 886.71 meters to point 93,
Thence, S 560012 W 1,055.33 meters to point 94,
Thence, S 240442 € 836.72 meters to point 95,
Thence, S 650.148 E 1,073.84 meters to point 96,
Thence, $ 210372 E 1,425.22 meters to point 97,
Thence, S 370 210 E 1,088.04 meters to point 98,
Thence, $ 24003 E 1,325.03 meters to point 99,
Thence, 680030 E 1,471.64 meters to point 100,
Thence, $ 520 05i4 E 1,261.21 meters to point 101,
Thence, S 680 102 E 1,411.28 meters to point 102,
Thence, $ 840 05 E 1,553.26 meters to point 103,
Thence, N 50° 0208 E 1,167.70 meters to point 104,
Thence, S 690 158i E 1,058.64 meters to point 105,
Thence, N 620 4821 E 1,006.29 meters to paint 106,
Thence, N 590 102 E 1,083.02 meters to point 107,
Thence, N 040 36 E 872.81 meters to point 108,
Thence, N 680 342 W 1,149.48 meters to point 109,
Thence, N 61” 182 W 1,020.36 meters to point 110,
Thence, N 58° 262 W 1,050.49 meters to point 111,
Thence, N 36° 128 W 855.06 meters to point 112,
Thence, N 05° 150i 984.12 meters to point 113,
Thence, N 37° 440i E 1,315.15 meters to point 114,
Thence, N 030 442 E 1,152.44 meters to point 115,
Thence, N 060002 W 1,578.65 meters to point 116,
Thence, N $00 082 W 1,341.83 meters to point 117,
Thence, N 790423 W 894.43 meters to point 118,
Thence, S 200213 W 330.64 meters to point 119,

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Thence, S 540 353 W 276.09 meters to point 120,
Thence, S 750219 W 335.93 meters to point 121,
Thence, N 340443 W 456.32 meters to point 122,
Thence, N 800559 W 126.59 meters to point 123,
Thence, S 860542 W 185.27 meters to point 124,
Thence, $ 520002 W 203.04 meters to point 125,
Thence, $ 270010 W 286.23 meters to point 126,
Thence, N 680 120 W 242.33 meters to point 127,
Thence, N 400 110 W 294.49 meters to point 128,
Thence, $ 340 130 W 151.16 meters to point 129,
Thence, S$ 010092 E 250.05 meters to point 130,

Thence, $ 010302 W 190.07 meters to point 131,
Thence, $ 100378 W 162.79 meters to point 132,
Thence, 5 120012 W 240.26 meters to point 133,
Thence, 5 290312 W 304.51 meters to point 134,
Thence, S 48° 058 W 262.01 meters to point 135,
Thence, S 250098 E 270.65 meters to point 136,

Thence, S 420 108 W 357.53 meters to point 137,
Thence, $ 430 512 W 353.62 meters to point 138,
Thence, $ 42c 20% W 304.38 meters to point 139,
Thence, S 460 592 W 205.18 meters to point 140,
Thence, $ 45° 58B W 208.63 meters to point 141,
Thence, $ 26° 072 W 227.19 meters to point 142

Thence, $ 160398 W 314.17 meters to point 143,
Thence, N 750 198 W 217.08 meters to point 144,
Thence, N 330 193 W 209.40 meters to point 145,
Thence, N 690412 W 143.96 meters to point 146,
Thence, S 262562 W 353.31 meters to point 147,
Thence, N 58° 243 W 457.93 meters to point 148,
Thence, DUE WEST 705.00 meters to point 149,

Thence, N 33008 W 722.53 meters to point 150,
Thence, N 110383 W 173.57 meters to point 151,
Thence, N 330203 W 272.92 meters to point 152,
Thence, $ 760062 W 324.51 meters to point 153,
Thence, N 33° 592 E 536.68 meters to point of beginning.

CHAPTER THREE
PROTECTED AREA MANAGEMENT

SEC. 6. Management Plan. Within one (1) year from the effectivity of this Act and in
accordance with the General Management Planning Strategy as provided in the NIPAS Act
there shall be a Management Plan to be prepared by the Office of the Protected Area
Superintendent (PASu) in coordination with the local communities, indigenous cultural
communities/indigenous peoples, local government units, appropriate offices of the DENR, non-
government and peoplel_s organizations, existing operators in the park and experts with socio-
economic, anthropological and ecological experience in the area. It shall contain, among others,
the following:

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A. Period of applicability of the plan preferably at least five (5) years:
B. Key management issues;
C. Goals and objectives of management in support of Section 2 hereof:

D. Site management strategy;

E. Detailed description of major management activities such as, but not limited to, enforcement
of laws, biodiversity conservation, habitat and wildlife management, sustainable use
management, infrastructure development and maintenance, fire and pest control;

F. A statement identifying community based ecotourism as a major strategy to provide
sustainable source of income and livelihood to park dwellers and to motivate them to get
actively involved in the protection, conservation, restoration and rehabilitation of the entire
Manat River Watershed into a Natural Park that will attract continuous visits by world class
ecotourists. if a community based ecotourism venture succeed, Park dwellers with have
sufficient source of livelihood; they will abandon their destructive and extractive activities in the
Park, like mining, quarrying, timber poaching, and kainging farming. They will rehabilitate and
protect the environment because of the income they derive from it.

G._A provision to create a special Ecotourism Development Committee which will be
responsible for the planning, establishment and development of a sustainable community based
ecotourism industry that can provide adequate jobs and source of livelihood to the Park
dwellers, as well as revenues for the management of the Protected Area, The Ecotourism
Development Committee will be composed of accredited NGOs and POs already engaged in
the 4 restoration and protection of the Park, assisted by local representatives of the Department
of Tourism (DOT). This committee will organize and train Park dwellers into a cooperative that
will operate and manage a successful ecotourism program for the benefit of its members and for
the restoration of a Natural Park

H. A statement of purpose to protect community based ecotourism venture from any
competition of private entrepreneurs who can destroy the natural features of the Park by
constructing artificial recreation centers, swimming pools, spas, golf courses, tennis courts,
hotels, etc., and pollute the air, the river and the streams. These expensive artificially
constructed resorts can be located outside of the Park. The only structures to be allowed inside.
Mainit Hot Springs Protected Landscape are unobtrusive porous pathways so that ecotourists
can walk through the Park and observe the existing flora and fauna, walk along the crystal clear
Manat River, marvel at the hot springs along its bank, explore the caves and waterfalls, admire:
the majesty and grandeur of a tropical forest, and experience the indigenous Mansaka culture:
and way of life;

|. Establishment and delineation of zones and the regulated and/or prohibited activities therein
such as, but not limited to, multipurpose use zones, buffer zones, recreational zones, strict
protection zones and other special zones, which can provide for an effective management of the
Protected Area, and its restoration into a Natural Park.

J. A plan to designated residential area for indigenous Mansaka families and Tenured Migrants
will be set aside on a hazard-free site within the vicinity of the northern entrance of the Park. It

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must be provided with running water, electricity, pathways, facilities for garbage, human waste,
and animal manure disposal, public facilities like school buildings, churches, public buildings
and covered courts, market place, health center, etc. within the context of ecological village
living:

K. A section showing a concerted effort to persuade and assist indigenous Mansaka and
Tenured Migrants families to resettle themselves within the designated residential area in
strongly built homes with facilities for running water and electricity, septic tanks and sanitary
waste disposal system, located in hazard free sites, and in a healthy atmosphere that will
enable them to develop their indigenous culture and create for themselves dignified and
ecologically friendly neighborhoods;

L. A provision for the restoration of biodiversity and wildlife habitat along the portion of the
Manat River banks, where the hot springs are located, requires relocation and clearing away cf
crowded slum-like neighborhoods, backyard ball-mills and gold processing plants that pollute
the Manat River with cyanide and mercury from mine tailings, and with garbage and human
wastes;

M. A plan to mark the site of Matikadung Ampilan Dumagno.s village, the ancient Mansaka
burial ground, and the place where the Ba-is Makers were cursed, will be developed into
shrines; and the old school building other structures near the hot springs will be converted into a
Museum to show case the beauty of Mansaka Culture;

N. A declaration that areas of the Manat River Watershed, which had earlier been committed
by the government to private entrepreneurs, will be treated as part of the Buffer Zone. A MOA
with these entrepreneurs must be made so that they will refrain from such activities that will
cause damage to the restoration work being undertaken in other zones of the Protected Area
They will also faithfully undertake restoration activities stipulated in their franchises, Ores
extracted with permission from the Goverment by mining companies will be processed outside
of the Park; but to avoid noise and pollution, these ores shall not be transported through the:
Park. These companies may not use Manat River and its tributaries as conduits to dispose of
their mining wastes.

0. A proposal that, if possible, all processing of ores shall be made inside Government ownec|
processing plants outside of the Protected Area and its Buffer Zone to ensure safe disposal of

toxic waste. Upon the termination of contracts and mining permits, the area becomes an integral
part of the Protected Area;

P. A clear provision for a Visitor Management Programs, where visitors are received at the
Visitor_s Center. They are given orientation on the ecological importance of Mainit Hot Springs
Protected Landscape (MHSPL) and briefed on park rules against pollution, destructive anc
extractive activities. The visitors can choose one of the five (5) Nature Tours through the Park:

41), the River Walk & Waterfalls Tour,

2). the Cave Exploration Tour,

3). the Biodiversity & Biodiversity Restoration Tour,

4). the Tropical Farm Tour, and

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5). the Mansaka Eco-Cultural Tour.

Each of these tours will take one day. Visitors will be encouraged to stay four or five days to
complete the tours. Park residents will earn good income by providing tourists with bed and
breakfast facilities. They will also eam by being employed tourism management officers and
park maintenance crew, picnic and camping ground maintenance personnel, tourist guides, park
wardens, interpreters, life guards, production and sales of souvenirs, fruits and native food, etc.
The IPs (Indigenous Peoples will earn by organizing and managing the Mansaka Culture Tours.
Only legitimate visitors, park wardens, tenured migrants and members of the indigenous
Mansaka community of Mainit Hot Springs Protected Landscape (MHSPL) are permitted to
enter the Park.

Q. A declaration that this Management Plan shall be consistent with the nature of Mainit Hot
Springs as a Protected Area under the category of a Natural Park. It shall be reviewed and
approved by the PAMB and certified to by the Secretary that it conforms to all laws and
regulations issued by the DENR. The Management Plan shall not be revised nor modified
except by prior 5 consultation with the PAMB and in accordance with the procedure herein set
forth. If any part or section of the Management Plan is inconsistent with existing laws, the
Secretary shall certify to the other provisions of the plan that are consistent with the laws.
Unless the Secretary accepts or adopts such inconsistent provisions, he/she shall notify the
PAMB of the provisions that need modification or revision

R.A provision that one year before the expiration of the initial Management Plan, there shall be
subsequent plan to be prepared by the Office of the Protected Area Superintendent in the
same manner as the procedure and principles herein set forth and in accordance with the
General Management Planning Strategy as provided in the NIPAS Act. In the same period, the
Office of the Protected Area Superintendent shall cause the publication of notices for comments
and suggestions on the proposed pian in a newspaper of local circulation and the actual posting
of such notices in conspicuous places within the local government units in the Mainit Hct
Springs Protected Landscape. The proposed new Management Plan shall be made available for
public perusal in all agencies, offices, and organizations duly represented in the PAMB.

S. A provision that, in the event that no subsequent plan is adopted upon the expiration of the
initial management plan, the latter shall remain in force subject to interim modifications that may
be adopted by the PAMB.

SEC. 7. The Protected Area Management Board. There shall be a Protected Area
Management Board which shall serve as the highest policy-making body of the Mainit Hot
Springs Protected Landscape. It shall be composed of the following:

A, The Regional Executive Director (RED) of the Department of Environment and Natural
Resources (DENR) or his permanent representative; if he is interested and if has the time for i,
the RED is the ex-officio chairman of the PAMB; otherwise PAMB elects its own Chairman;

B. The Provincial Governor of Compostela Valley Province or his authorized permanent
representative, preferably the Provincial Planning and Development Officer;

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C. The Congressman of the 2nd Congressional District of the Province of Compostela
Valley or his authorized permanent representative:

D. The Municipal Mayors of Nabunturan, Maco, Mawab and New Bataan, Province of
COMVAL or their respective authorized permanent representatives;

E. One (1) authorized representative each from each of the Sanguniang Pambarangays of
Mainit, Bukal, and other barangays whose lands are within the boundaries of the Mainit Hot
Springs Protected Landscape;

F. One (1) representative of the Association of Barangay Captains (ABC) for all the
barangays affected by whatever is happening to Manat River and its Watershed — especially the
barangays of Mainit, Inupoan, Manat, Matilo, Ogao, New Antequera, Cabidianan, Sta. Maria,
Nabunturan, Pangutusan, Basak, Magading, Linoan and Siocon;

G. One (1) representative from the Nabunturan Association of Barangay Tribal Councils
(Nasbatrico), which is undertaking a reforestation program within the Manat River Watershed
under a Community Based Forest Management Agreement with DENR:

H. One (1) permanent and duly elected representative from the indigenous Mansaka
community residing since time immemorial within the Manat River Watershed (within which the
Mainit Hot Springs Protected Landscape is located);

|. One (1) duly elected representative of the Tenured Migrants, whose status is defined by
the NIPAS Law;

J. One (1) representative from the Quasi Parish of St. Vincent Ferrer within whose
jurisdiction the five Catholic chapel communities located within the Protected Area belong;

K. One (1) representative from each non-Catholic religious groups whose membershio
exceeds the minimum of two hundred (200) families of Ps and Tenured Migrants residing within
the Protected Area:

L. One (1) representative for each people’s organizations (POs) and non-government
organizations (NGOs) with good tract records in actively promoting the welfare and well being
of IPs and Tenured Migrants, and in the restoration, conservation and protection of biodiversity
and wildlife habitat within the Mainit Hot Springs Protected Landscape;

M, One (1) representative for each of national government agencies like the Nabunturan
Water District, the National Commission of Indigenous Peoples (NCIP) and Department of
Tourism (DOT), which are permanently concemed with the above mentioned Protected Area
and Watershed, and can potentially contribute to protected area management; and

N. One (1) representative for each organized group of stakeholders who are not residents
of the Protected Area, but are affected positively or negatively by with whatever happens within
the Manat River watershed, and who can potentially assist and contribute in the protection,
preservation, and conservation of the Mainit Hot Springs Protected Landscape.

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SEC.8. Term of Office of the PAMB Members.

A. Every member of the PAMB shall serve for a term of five (5) years provided that he/she
femains @ member or employee of the sector or office he/she is representing, If a vacancy
Occurs, a new member shall be chosen in accordance with the original selection process,
however, only the remaining term shall be served

B. In the appointment of these ex-officio members and in the selection of representatives from
Peoples (POs) and non-government organizations (NGOs), the following criteria shall be
primarily considered

1). Actual active involvement in the ecological conservation, preservation, rehabilitation and
protection of the Protected Area;

2). Willingness to spend efforts and time and the resources of their individual offices in
fulfling the duties as a member and/or officer of the Protected Area Management Board; for
example, the Provincial Governor, the Municipal Mayors, and the respective Barangay
Captains must be willing to use the police power of their individual offices to protect the
Mainit Hot Springs Protected Landscape from timber and wild animal poachers, illegal and
destructive activities of miners, and from soil eroding farming techniques of kaingin, swidden,
or slash-and-burn farming;

3). Great potential in community organizing and other development works, favorable track
record in community work; and

4). Duly accredited or recommended by the concerned Local Government Unit and by the
Despatment of Environment and Natural Resources (DENR).

C. The Secretary of the Department of the Department of Environment and Natural Resources,
assisted by the Protected Area Superintendent (PASu) and the Provincial Environment and
Natural Resources Officer, will issue the appointment papers to which candidate PAM
members will affix their signatures to signify their pledge to serve faithfully.

D. For the efficient functioning of the Protected Area Management Board (PAMB), any ex-officio
or elected member who is not willing to spend time and effort to fulfil his duties as a member or
officer of the PAMB must be immediately released of his/her duties and be replaced, if it is
possible, §) This serious act of dismissing an inactive PAMB member will be done in an official
meeting convened by the majority of active members for this purpose of strengthening the
highest policy-making body of the Protected Area.

E. Each of the above mentioned members is entitled to one (1) vote during policy deliberations,
as well as in this act of strengthening the PAMB by dismissing inactive members and admitting
new candidate members (still waiting for confirmatory appointment by DENR Secretary). An
authorized representative or proxy deliberates and votes in the name of his/her principal; he/she
makes commitments for the office and officer he/she represents.

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SEC. 9. Powers and Functions of the PAMB.

A, The PAMBoard of Mainit Hot Springs Protected Landscape, being the highest policy- making
body, and normally headed by the Regional Executive Director of DENR, shall have the
following powers and functions.

1). Causes the drafting and approval of a Comprehensive Policies and Development
Management Plan for the Mainit Hot Springs Protected Area through the cooperative efforis
of the Provincial Environment and Natural Resource Officer (PENRO), the Protected Area
Supervisor (PASu), of concerned NGOs and POs;

2). Ensures the effective implementation of the duly approved comprehensive policies and
development plans for the Protected Area;

3). As needs arises, the PAMB reviews, approves and adopts additional policies,

management plans and development programs and their respective implementing rules and
regulations;

4), Decides and approves matters relating to proposals, work and action plans, guidelines
and policies and other activities for the management of the protected area;

5), Adopts rules and procedures in the conduct of business, roles, and responsibilities, and
discipline of its board members, including the creation of standing committees;

6). Recommends and approves the establishment and delineation of zones;

7), Establish supplemental criteria and guidelines for park fees for activities regulated by this
Act or the management plan subject to DENR. s approval 6 pursuant to Section 10(f) of
the NIPAS Act;

8), Evaluates the performance and activities and participates actively in the process of
selection and designation of the DENR in the appointment of the Protected Area
Superintendent;

9). Recommends to the Secretary of DENR the appointment of all PAMB members;

10). Monitors and evaluates the performance of protected area personnel, NGOs, and the
communities in bio-diversity conservation and socio-cultural and economic development and

report its assessment to the DENR:

11). Evaluates and recommends compliance to all existing requirements set by the DENR
particularly in the issuance of the Environmental Compliance Certificate;

12). Recognizes and defends the rights and privileges of indigenous communities under the
provisions of this Act and other applicable laws;

13). Accepts donations, approve proposals for funding and budget allocation and exercise
accountability over all funds that may accrue;

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14). Request assistance from any goverment agency, office, board, private or public person
to achieve the objectives of this Act; and

15). Convenes a Reasearch, Evaluation and Planning Assembly every five years to draft a
new Comprehensive Policies and Development Management Plan for MHSPL.

B. The PAMB is strong and as effective only if each of its members, especially the Regional
Executive Director of DENR, the Provincial Governor, the Congressman, the Mayors and the
Barangay Captains are willing to spend time and to use the resources of their individual offices
in the implementation of the NIPAS Law and the Comprehensive Policies and Development
Management Plan to rehabilitate, restore, conserve and protect the MHSPL and the Manat
River Watershed. For example, the Provincial Govemor, the Municipal Mayors, and the
respective Barangay Captains must be willing to use the police power of their individual offices
to protect the Mainit Hot Springs Protected Landscape from timber and wild animal poachers,
illegal and destructive activities of miners, and from soil eroding farming techniques of kaingin,
swidden, or slash-and-burn farming:

c. The DENR, through the Regional Executive Directors, shall ensure that the PAMB acts within
the scope of its powers and functions. In case of conflict between Administrative Orders issued
by the DENR pursuant to the NIPAS Act and other laws and resolutions issued by the PAME},
the DENR Secretary shall decide whether to apply the rule or withdraw its application.

SEC 10. The Executive Committee of the Protected Area Management Board. While the
PAMB sets the regulations and policies based on a Comprehensive Management and
Development Plan, there shall be an Executive Committee within the PAMB to which the latter
may delegate some of its executive powers and functions. This executive committee is the
working Secretariat; it sees to it that the Protected Area Supervisor (PASu) and his staff, the
NGOs and POs faithfully implement the policies and decisions of the PAMB and of the NIPAS
Law.

A. The EXECOM is a smaller decision-making board that shall be composed of the following:

4), The Regional Technical Director (RTD) for Protected Area and Wildlife of Region
XI, who shall sit as Chairman, or the Provincial Environment and Natural Resources Officer
(PENRO) as his authorized representative;

2), One (1) authorized representative from the office of the 2nd Congressional District
of Compostela Valley Province; (c) One (1) authorized representative from the Office of
the Provincial Governor of the Province of Compostela Valley;

3), One (1) authorized representative from the Office of the Mayor of the Municipality of
Nabunturan;

4). All Barangay Captains whose barangays, or part of their barangays, are located within
the boundaries of the Mainit Hot Springs Protected Landscape, including barangays located
outside od the municipality of Nabunturan:

5). One (1) authorized representative from the Nabunturan Association of Barangay Tribal
Councils (Nasbatrico);

18


753

754
735

756
7157
758

759
760

761
762
763
764

765

766
767
768
769
770

m1
772
723
774
775

776
77
778
779

780
781
782

783
784

785
786
787
788
739

6). One (4) authorized representative from the MHSPL Mansaka Tribal Council;

7). One (1) duly elected representative of the Tenured Migrants, whose status is defined
by the NIPAS Law;

8). One (1) representative from each NGOs and POs which are actually active in the
implementation of the PAMB objectives and the MHSPL Comprehensive Management and
Development Plan;

9). One (1) duly elected representative from POs of communities down steam along the,
affected by rehabilitation, conservation or destruction of the Manat River Watershed;

10). One (1) representative from each national government agencies such as
Nabunturan Water District, the DOT and NICP, and other national agencies actually
involved in the implementation of the integrated program to promote eco-tourism and
reforestation the Mainit Hot Springs Protected Landscape (MHSPL).

B, Because of its smaller size, the EXECOM gathers regularly to:

1). Examine, monitor, and promote the actual day to day promulgation of rules and
regulations and the implementation action plans bazed on the dully approved
Comprehensive Policies and Management Plan governing the use and the conduct cf
activities within MHSPL consistent with the principle of biodiversity conservation and
sustainable development;

2), Review complaints, suggestions, proposals for plans of actions and guidelines for the
management and development of the Protected Area (PA) in accordance with the NIPAS
Act, and present comments, evaluations and suggestions regarding these plans to the
PAMB and to the regularly (preferably, every five years) convened research, evaluation and
planning assembly (REPA) for through study, reformulation and approval;

3). Make short range decisions on administrative issues referred by the Protected Area
Superintendent (PASu, and evaluate his and his staffis performance onthe actual
implementation of action plans, and preparation of plans or reviewing existing plans relating
to resource conservation, rehabilitation, protection; and

4) Monitor and evaluates the performance of the Host NGO, other NGOs and POs, in
providing for biodiversity conservations, eco-tourism and socio-economic development of
IPs and tenured migrants in MHSPL.

C. The EXECOM reports their assessment of the implementation of the Comprehensive
Development Plan to the PAMB through their EXECOM Chairman.

SEC. 11. The Protected Area Superintendent Office. There shall be a Protected Area
‘Superintendent Office for Mainit Hot Springs Protected Landscape within the DENR headed by
the Protected Area Superintendent who shall serve as the chief operating officer of the
protected area. The Protected Area Superintendent Office shall have the following powers ancl
functions:

19


790

791
792

793
794
795
796

797
798

799,

800
801

802

803
804
805
806
807

808
809
810
811

812

813
814
815
816

817
818

819
820
821
822

823
824
825

A. Administrative

1). Serve as chief administrative officer of the protected area for the purpose of
implementing the Management Plan as detailed in the annual work program;

2). Establish a productive partnership with the local community, including groups, in the
planning, protection, and management of the protected area;

3). Ensure the performance and good morale of his staff

4), Ensure the proper utilization of annual budget allocations and the properdisposition of
fees and other funds generated within the protected area

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

6). Develop and implement a natural history documentation program and to oversee
research that may be conducted within the area:

7). Integrate the roles of NGO and DENR staff in the operation of the area:

8). Encourage and assist NGOs, Pos and LGUs to organize a community based
ecotourism program that will serve as an important source of income and ,ivelihood for park
dwellers and motivate them to get actively involved in the rehabilitation, conservation and
protection of biodiversity and wild life habitat of the Mainit Hot Springs Protected Landscape;
and

9). Document the processes involved in the establishment and management of the
Protected Area, with particular reference to the development of relationships with the
indigenous cultural communities, tenured migrants buffer zone residents and others in
establishing effective protection of the area;

B. Regulative

1). To act as peace officer for the purpose of maintaining peace and order within the
Protected Area. As peace officer, he shall exercise police supervision therein and may
arrest any person found in any place within Protected Area who is committing, has
committed, or is about to commit an offense which is prohibited in this Act;

2). Enforce rules and regulations established to protect the area and preserve the area from
trespass, damage, injury and illegal occupancy;

3), Require, when necessary, any person entering or passing through or any part of the
Protected Area under his jurisdiction, to give the following information: name, address, the
proposed duration of stay inside the protected area and the portion which he intends to visit
or has visited and such other information of similar nature as may be referred to him;

4). Summarily remove or eject from the area persons who have rendered themselves
obnoxious by disorderly conduct or bad behavior or who have violated any of the regulations
on the Protected Area;

20


826
827

828
829
830
831
832
833

834
835

836
837
838

839
840
841

842
843

844
845
846
847
848,
849
850
851
852

853
854
855
856
857

858
859
860
861

862
863
864
865

5), Require persons cutting and/or gathering forest products or hunting or fishing within the
Protected Area to produce, upon demand, authority or permit to do so:

6). Seize and confiscate timber or other forest products, game birds, animals, and fish
including instruments, tools and conveyances used inside the protected area by unlicensed
persons, or if licensed, in violation of Protected Area laws, rules and regulations, and to
report them in accordance with the present rules, regulations and guidelines issued by the
Secretary concerning confiscation, seizure and disposition of illegally cut, gathered,
transported forest products, and 4 other natural resources and confiscated wildlife;

7). Take active role in organizing and monitoring the management of a community based
ecotourism program

8), Assist and enable indigenous Mansaka and Tenured Migrant families to resettle
themselves in ecologically friendly villages, and allow Mother Nature to erase the vestiges of
slum-like communities created during the gold rush days;

9). The Protected Area Supervisor (PASu) shall clear the Park of all illegal migrants and
transients, He shall not allow any non-resident to cultivate or claim rights of occupancy to
any piece of land within the Park; and

10). Perform such other powers and duties as may from time to time be prescribed by higher
authorities.

©. The Protected Area Superintendent Office shall be supported by a sufficient number of
personnel who shall be performing day-to-day management, protection and administration cf
the PA, All DENR employees detailed with the Protected Area at the time of the effectivity cf
this Act shall be accorded preference to form part of the Protected Area Superintendent Office.

CHAPTER FOUR
ANCESTRAL DOMAIN AND TENURED MIGRANTS

SEC. 12. Ancestral Lands and Domain. The rights of indigenous cultural communities to their
ancestral domains shall be fully recognized subject to Section 56 of the IPRA. Traditional
property regimes exercised by indigenous cultural communities in accordance with their
customary laws shall govern the relationships of all individuals within their communities with
respect to all lands and resources found within ancestral lands.

Indigenous cultural communities may apply for Certificates of Ancestral Domain Title (CADT) as
provided in the IPRA. The provisions of this Act shall be construed liberally in favor of the
indigenous cultural communities in accordance with the conservation and preservation
objectives of the Mainit Hot Springs Protected Landscape and its resources.

Nothing herein shall be construed to impair or diminish prior or existing rights currently enjoyed
by the indigenous cultural communities as provided by existing laws. Permits, licenses or
authorities required by this Act or any other statues concerning the continued use, extraction or
exploitation of forest products and/or possession or occupation of land within the Protected Area

2


866
867

868

869
870
871
872
873
874
875

876
877
878
879
880
881
882
883
884
885

886
887
888
889

890
891
892

893
894
895

896
897
898
899
900
901

902
903
904
905
906
907

shall not be unnecessarily withheld from the indigenous cultural communities by the granting
authority

SEC. 13, Tenured Migrants. “Tenured Migrants” are individuals and households who have
actually and continuously occupied public lands which are not alienable and disposable within
the Protected Area before June 1, 1987 and are substantially dependent on the Protected Area
for their livelihood. This Act specifically disqualifies transient miners and shop keepers, nor-
residents land speculators, individuals who own lands outside the Park, and those individuals
earning their main source of livelihood outside of the Protected Area from being classified as
tenured migrants, even if they are also engaged in cultivating pieces of lands within the Park.

Tenured Migrants shall be eligible to become stewards of portions of lands within the allowed
and designated zones. The PAMB shall identify, verify and, subject to Section 56 of the IPRA,
review all tenure instrument, land claims, and issuance of permits for resource use within the
Protected Area and recommend the issuance of the appropriate tenure instrument consistent
with the land classification, proper and allowed use of resources found therein, and zoning
provided in the management or successor plans. Farmers who have been cultivating land within
the Protected Area are considered to be occupying such lands and shall be entitled to a tenure
instrument limited to cultivation and residence provided that the rights under such can only be
transferred to one direct descendant. The rest of his children must find employment and
livelihood outside of the Protected Area to limit population growth within the Protected Area

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 zones or
buffer zones to be accomplished 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 its natural state prior to the cultivation or other act by the tenured migrant.

The Protected Area Supervisor (PASu) shall clear the Park of all illegal migrants and transients.
He shall not allow any non-resident to cultivate or claim rights of occupancy to any piece of land
within the Park,

SEC. 14, Existing Rights. All prior and property and private rights within the 18 Protected Area
and ancestral domains already existing and/or vested upon the effectivity of this Act, shall be
protected and respected in accordance with existing laws. Owners of such lands found within
the Protected Area and its Buffer Zone will be convinced to manage the development of
‘economic potentials of their real properties in such a way that they, too, practice in their owri
way the restoration, rehabilitation and conservation of biodiversity and wildlife habitat

In other words, titled real property holder, legitimate miners, individuals and group with
reforestation contracts with the Department of Environment and Natural Resources (DENR) cari
stil participate in this Protected Area concept provided they are willing to take utmost care to
restore, rehabilitate and conserve of biodiversity and wildlife habitat of the Mainit Hot Spring
Protected Landscape and the Manat River Watershed. Technically speaking, these “previously
committed” properties are considered part of the Buffer Zone

22


908
909

910
911
912
913
914
915
916

917

918,
919
920

921
922
923
924
925

926
927

928
929

930
931
932
933,
934
935
936
937
938
939
940
941
942
943
944

945
946
947
948,

CHAPTER FIVE
PROHIBITED ACTS AND PENALTIES

SEC. 15. Special Prosecutor. Within thirty (30) days from the effectivity of the this Act, the
Department of Justice shall appoint a Special Prosecutor to whom all cases of violation of laws,
ules 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 wardens and rangers in arrest and criminal procedure. The
PAMB shall periodically submit an evaluation of the performance of the designated special
prosecutor to the Department of Justice

SEC. 16. Prohibited Acts and Penalties.

A, The penalties and qualifications prescribed in Articles 309 and 310 of the Revised Penal
Code depending on the value of the resources involved in connection with the prohibited act
shall be imposed upon any person who

1), Hunts, takes, destroys, disturbs or possesses any timber, forest product, natural growing
or wild terrestrial or aquatic plants, animals, flora or fauna or products derived there from, or
any form of extraction or use of resources within particularly identified regulated or
prohibited areas or zones in protected area, including private lands, without the necessary
Protected Area permit, authorization or exemption, as issued or promulgated by the PAMB;

2), Cuts, gathers, removes or collects timber or any forest products within particularly
identified prohibited areas or zones in the Protected Area;

3). Including private lands, without the necessary Protected Area permit, authorization or
exemption, as issued or promulgated by the PAMB;

4). Cuts, destroys any tree or shrubs or other erosion-preventing plants, or builds or
introduces any structure that would cause erosion in riparian areas of the Protected Area
pursuant to Section 16 of Presidential Decree No. 705 or the Revised Forestry Reform
Code;

5). Possesses outside the protected area any timber, forest products, wild terrestrial or
aquatic plants, animals, flora or fauna so prohibited by the PAMB or products derived
therefrom which is ascertained to have been taken from the Protected Area. It shall be
presumed to have been taken from the Protected Area if the subject plant, animals, flora or
fauna is found in possession or control of persons who traveled to the protected area within
seventy-two (72) hours before the time of their arrest;

7). Hunts, collects, removes, or destroys endangered or protected species, except when
collection or removal is for scientific research and is so exempted from this prohibition by the
PAMB

B. A fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00), or imprisonment ranging from five (5) years to ten (10) years, or both,
at the discretion of the court, and the restoration and rehabilitation of the damage or, when
appropriate, the ejectment therefrom, shall be imposed upon any person who:

23


949,
950
951

952
953

954
955
956

957
958
959
960
961

962
963
964

965
966
967
968

969
970

971

972

973

974
975
976

977
978
979

980
981
982
983
984

1) Occupies, settles, or possesses any portion of the Protected Area, introduces
improvements, agricultural or otherwise, or performs kaingin therein not sanctioned by law
or without the proper permit and authority as required by the PAMB;

2) Sells, buys, or offers to sell or buy any real property or rights within particularly identified
regulated areas or zones in the Protected Area;

3) Occupies or possesses any portion of lands within the Protected Area by using force,
intimidation, threat, deceit or by taking advantage of the absence or tolerance of the rightful
possessor, occupant, or claimant

4) Uses explosives, noxious substances, or electricity for fishing within the protected area.

The possession of explosives, noxious or poisonous substances, electro- fishing devices,
and paraphernalia, or fish caught through explosives, noxious or poisonous substances or
electricity within and nearby fishing areas or fishing boats shall constitute prima facie
evidence that the possessor thereof committed the act herein prohibited;

5) Destroys, damages, mutilates, defaces, or commits any act of vandalism on any object of
natural beauty, object of anthropological or cultural importance, or non- renewable resource
within the Protected Area;

6) Throws, discharges, or dumps within the protected zone any substance that is deleterious
or potentially deleterious to the ecosystem or of the plants, animals or inhabitants in the
protected and buffer areas, or committing same activities within the buffer zone without
appropriate permit or authority;

7) Alters, removes, destroys or defaces any boundary markers, monuments, or interpretative
signs relating to the Protected Area

8) Causes damage to road, trails and pathways;
9) Engages in any degree or form location/exploration, quarrying or extraction of mineral;
10) Obstructs or hinders the enforcement of this Act, its related laws, rules, and regulations.

A fine ranging from Five thousand pesos (P5,000.00) to One hundred thousand pesos
(P100,000.00), or imprisonment ranging from one (1) year to six (6) years, or both, at the
discretion of the court, shall be imposed upon any person who:

4), Violates any rules and regulations promulgated by the Protected Area Management Board
or its duly authorized delegate or any agreement or commitment reached before the
Protected Area Management Board;

2), Deals any product illegally derived from the protected area, such as, but not limited to,
selling, buying, offering to sell or buy any timber, forest product, natural growing or wild
terrestrial or aquatic plants, animals, flora or fauna or products derived therefrom or any
resource from within particularly identified regulated or prohibited areas or zones in the
Protected Area without the necessary permit, authorization or exemption for the utilization,

24


985,
986

987
988
989

990
991

992
993

994
995
996
997
998
999

1000

1001

1002

1003

1004
1005
1006
1007
1008
1009
1010
1011
1012
1013
1014
1015
1016
1017
1018
1019
1020

1021
1022
1023

1024
1025
1026
1027

andlor extraction thereof as provided by this Act and other existing laws, rules and
regulations:

3). Uses any equipment which facilitates extraction of resources, regardless of such intention

or purpose within the Protected Area without the necessary Protected Area permit or
authorization

4), Leaves debris, refuse, or garbage in exposed or unsanitary condition anywhere within the
Protected Area

5). Enters any portion of the Protected Area for purposes of mountain climbing, camping,
spelunking, study, research or recreational visit without the necessary permit or authorization

Administrative procedures for the investigation and validation of the violation shall be preparec|
by the PAMB in coordination with the appropriate bureaus of the DENR. If the act is committe
by a corporation, organization, partnership or association, the penalty shall be imposed on the
chief executive officer and/or board of trustees of the corporation, organization or managing
partner of the partnership or association. Valuation of the damage shall take into account
biodiversity and conservation considerations as well as aesthetic and scenic value. Valuation by
the DENR or the concerned government agency shall be presumed correct unless proven
otherwise. Any person who shall induce or conspire with another person or persons to commit
any of the acts prohibited in this Act or suffer their workers to commit any of the same shall be
liable in the same manner as the one actually performing the act.

SEC. 17. Administrative Confiscation and Fine. Administrative proceedings for violation of
the foregoing prohibited acts shall proceed independently and without prejudice to judicial
action. The PAMB through the Protected Area Superintendent is hereby empowered to impose
an administrative fine ranging from Five thousand pesos (P5,000.00) to One hundred fifty
thousand pesos (P150,000.00) and/or the cancellation of permit or license issued. Decisions of
the Protected Area Superintendent may be appealed within thirty (30) days from receipt of the
decision to the PAMB Executive Committee. The decision of the PAMB Executive Committee is
can be appealed to the DENR Secretary within a period of sixty (60) days from the receipt of the
decision. All conveyances, vessels, equipment, paraphernalia, implements, gear, tools and
similar devices shall be subject to immediate administrative confiscation by the Protected Area
Superintendent Office upon apprehension without prejudice to criminal action. Once the proper
criminal action is filed in the regular courts, the said conveyances, vessels, equipment,
paraphernalia, implements, gear, tools and similar devices shall be in custodia legis but shall
continue to be subject to administrative confiscation and may only be released by the trial court
to the owner pending trial upon consultation with the Protected Area Superintendent and with
proper consideration of the pending administrative proceedings and the potential forfeiture of
the said objects,

Administrative fines collected and the proceeds of the sale of all objects administratively or
judicially confiscated or forfeited pursuant hereto shall accrue to the Integrated Protected Area
Fund. The procedure for the sale thereof shall be promulgated by the PAMB.

SEC. 18. Special Counsel. The Protected Area Management Board may retain the services of
a competent lawyer to prosecute or assist in the prosecution of cases of defend the members of
the PAMB, the Protected Area Superintendent and staff or any person assisting in the
protection. conservation, and sustainable development of the Protected Area against any legal

25


1028
1029

1030
1031
1032
1033,
1034

1035
1036

1037

1038
1039

1040
1041

1042

1043

1044
1045

1046
1047

1048
1049

1050
1051

1052

1053
1054

1055

1056
1057

action related to their powers, functions and responsibilities as provided in this Act or as
delegated or tasked by the PAMB.

CHAPTER SIX
MAINIT HOTSPRINGS PROTECTED AREA FUNDS

SEC. 19. Mainit Hot Springs Protected Area Funds. The following shall constitute part of the
Mainit Hot Springs Protected Area Funds:
A. Sources of MHSPL Funds

1). Visitors/Tourist fee;
2). Sale of souvenirs at the Visitors Center:

3). Fees and royalties from permitted cutting, sale and export of flora and fauna or other
resources from the Protected Area:

4).Fees from use of portions of the Protected Area and other facilities;
5). Donations and solicitation;

6). Contributions from industries and facilities located outside the PA but directly benefiting
from the Protected Area;

7). Taxes from tourism-related enterprises located outside of the needs of eco- tourists and
Park visitors;

8). Such other fees and incomes derived from the conduct of permitted activities in particular
zones of the Protected Area like a community based Ecotourism Program;

9). Fines, fees and damages, other than those intended for rehabilitation, collected from
violators;

10). Proceeds from the sale of confiscated goods:

11). Tax imposed on sales of fruits and cash crops produced by IPs and Tenured Migrants
under MOA and other tenurial instruments;

12). Such other proceeds from prohibited or penalized acts; and

13). The annual amount appropriated by the National Government as budget for salary of
personnel and for the operating expenses of the Mainit Hot Springs Protected Landscape.

26


1058
1059

1060

1061

1062

1063,

1064
1065
1066
1067

1068

1069

1070

1071
1072
1073

1074

1075
1076
1077
1078
1079
1080

1081

1082

1083
1084
1085
1086
1087
1088
1089
1090

B. Disbursement from the Mainit Hot Springs Protected Area Fund shall be made only for the
following and should be approved by the PAMB:

1). Rehabilitation of denuded area, riverbanks and waterways;
2). Finance environment friendly livelihood programs;

3), PAMB operations; and

4), Honoraria for deputized Park Wardens.

The PAMB shall promulgate guidelines for the Mainit Hot Springs Protected Area Fund within
one month from the approval of this Act and determine an equitable sharing scheme with the
respective local government units for the revenues derived from facilities or activities within the
Protected Area

CHAPTER SEVEN

EXISTING FACILITIES, UTILIZATION OF NON-RENEWABLE RESOURCES,
ENVIRONMENTAL IMPACT ASSESSMENT, AND PARTNERSHIP AMONG GOVERNMENT,
NON-GOVERNMENT AND PEOPLES’ ORGANIZATIONS

SEC, 20. Existing Facilities within the Protected Area. Existing facilities 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 the PAMB, all
commercial facilities existing within the boundaries of the Protected Area with a total
capitalization exceeding One hundred thousand pesos (P100,000.00) shall submit to the PAMB
through the Protected Area Superintendent the following information:

A. Environmental Impact Assessment and/or Environmental Management Plan;
B. Environmental Compliance Certificate, if any; and

C. Developmental Plan, if any. Failure to submit the required information shall constitute a
violation of this Act. Based on its submission, the PAMB, with the assistance of the DENR shall
assess such facility and its future plan and operation vis-a-vis the objectives of this Act. The
PAMB may prescribe conditions for the operation of the facility to ensure that it does not 4
contradict protected area management objectives. If any of such conditions are violated, a fine
of Five thousand pesos (P5,000.00) for every day of violation shall be imposed. If the fine
reaches the total amount of Five hundred thousand pesos (P500,000.00), regardless of
duration, the PAMB, through the Protected Area Superintendent (PASu) and deputizing other

7


1091
1092

1093
1094
1095

1096
1097
1098

1099
1100
1101
1102
1103
1104
1105
1106

1107
1108
1109
1110

qi
1112
1113
1114
1115

1116
1117
1118

1119
1120
qi2i

1122
1123

1124
1125

1126
1127

government entities shall cause the cessation and demolition of the facility at the cost of its
owners.

The removal of existing facilities which provide basic services and amenities to the public shall
require the concurrence of the Local Government Unit consistent with the responsibility of the
local government to its constituents.

Existing facilities allowed to remain within the Protected Area may be charged a reasonable fee,
‘subject to DENR approval pursuant to Section 10(f) of the NIPAS Act by the PAMB based on
the extent of its impact on the environment and biodiversity.

SEC.21. Utilization of Non-renewable Resources. Any exploration, exploitation or utilization
of non-renewable resources within the Protected Area shall not be allowed. Franchises to
establish and operate privately owned resorts, and mining exploration and exploitation permits,
shall not be issued; upon their expiration, existing business franchises inside the park, ancl
mining exploration and exploitation permits shall no longer be renewed. Only a cooperative
organization of the Indigenous Mansaka people, Tenured Migrants and environmentally
concerned Stakeholders shall be allowed to establish and operate an ecotourism cooperative
that protects and develops the natural beauty of the Park.

SEC. 22. 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
‘exemption shall be coordinated with the PAMB

SEC. 23. Partnership among Government, Non-Government Organizations and Peoples
Organizations. For the purpose of attaining the objectives of this Act, all Goverment
Organizations and Agencies (GOs), Non-Government Organizations (NGOs), Peoples_
Organizations (POs) and their personnel shall continuously foster and develop a strong and true
partnership.

All non-Government Organizations (GOs), people's organizations (POs) and private entities
implementing any park conservation, protection and development program must be accredited
by the local government units and the DENR.

SEC. 24, Roles of Local Government Units and National Agencies in the Protected Area.
Local government units and relevant national agencies shall be represented in the PAMB and
shall have the following roles:

‘A. Appraise their respective constituents, office, and sector on activities and programs for the
Protected Area;

B. Ensure consistency in the implementation of all activities in the protected ;
C. Retain their ordinance-making powers over the Protected Area and shall consider the

Management Plan and the rules and regulations adopted by the PAMB in their legislative
agenda relating to biodiversity, conservation, protection and sustainable development,

28


1128
1129
1130

1131
1132
1133

1134
1135

1136
1137

1138

1139
1140
4141
1142
1143,

1144

1145
1146
1147
1148

1149
1150
1151
1152
1153
1154
1155

1156
1157
1158
1159
1160
1161
1162
1163

1164
1165
1166

D. In the formulation of their development plan, local government units shall consider the

Protected Area management plan for Mainit Hot Springs Protected Area to be prepared by the
PAMB;

E. Assist the PAMBoard in the implementation of the over-all park programs, including but not
limited to the imposition, collection and utilization of park fees, enforcement of policies, rules
and regulations and other similar park activities;

F. Accredit peoples organizations, non-government organizations and other entities and
groups involved in activities within the Protected Area; and

G. Provide the PAMB with relevant information and data for the effective management of the
Protected Area.

SEC.26. 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 other facilities which will promote
public welfare, shall be implemented within areas designated/approved by the PAMB and other
appropriate government agencies.

CHAPTER EIGHT
APPROPRIATION AND MISCELLANEOUS PROVISIONS

SEC. 26. Appropriation. An initial amount of One Hundred Million (P 100,000,000.00) Pesos
shall be included in the General Appropriations Act as operating budget for the Mainit Hot
Springs Protected Landscape. Thereafter, such sums as may be necessary for the salary of
Park officers and employees, and for its continued operation shall be included in the annual
General Appropriations Act may be necessary. These expenditures of which shall be subject to
government accounting and audit procedures.

SEC. 27. Construction.- The provisions of this Act shall be construed liberally in favor of
tenured migrants and indigenous cultural communities and with due consideration of the prior
property rights of the stakeholders, to the sustainable development, and the conservation and
protection of biodiversity. Republic Act Nos. 7160, 7586, 8371 and 8550 or the Local
Government Code, NIPAS Act, IPRA, and Philippine Fisheries Code of 1998, respectively, and
other existing forestry laws and their corresponding rules and regulations not inconsistent hereto
shall have suppletory effect in the implementation of this Act

SEC. 28. Repealing Clause. All other existing laws, rules and regulations inconsistent with this
Act are hereby repealed or modified accordingly.

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1167
1168

1169
1170
47a
1172
1173
1174
1175

1176

1177

1178
1179

SEC. 29. Separability Clause. if any part or section of this Act is declared unconstitutional,
‘such declaration shall not affect the other parts or sections hereof.

SEC. 30. Effectivity Clause. This Act shall be translated in the Cebuano- Visayan language. It
shall be published once in a newspaper of general circulation readily available in the Protected
Area. It shalll likewise be posted for three (3) consecutive weeks starting on the day of
Publication in newspapers in both the English and Cebuano-Visayan languages in a
conspicuous place in the provincial, municipal and barangay halls within the area as well as in
three (3) other places frequented by the public. This Act shall take effect thirty (30) days from
such publication and posting

Approved,

30