Keo SENS

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS

First Regular Session

House siuino, 1046

Introduced by the Honorable ANIELA BIANCA D. TOLENTINO

EXPLANATORY NOTE

The United Nations has identified public parks as an integral to the
attainment of its Sustainable Development Goals, which is the creation and
maintenance of Sustainable Cities and Communities. For this reason,
developed countries around the world porated public p:
habitats of their citizens. This representation seeks to make the Philippines
compliant with the aforesaid United Nations mandate thru the approval of
the proposed law herein that will create a national parks system.

The proposed faw will cstablish the National And Local Parks Authority
(NALPA), which will act as the office that has the primary jurisdiction over
the creation, development, and maintenance of public parks. This
representation believes that a organic and systemic parks system will
contribute to increasing the quality of life of Filipinos.

It should be also be noted that public open spaces are crucial in
reducing stress and mental disorders of people. Public parks diminish health
inequalities and increase perception of life quality and self-reported general
health. Public parks also provide arenas and opportunities for physical
activity, increased social interactions and different modes of recreation. It
can also be seen in developed countries that cities and towns become more
attractive when it has numerous public parks. As such, public parts are made
part tourism plans of developed nations.

For the Filipino people, approval of the bill herein is earnestly being
sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE “BILLA NO, 7026

Introduced by the Honorable ANIELA BIANCA D. TOLENTINO

AN ACT ESTABLISHING THE PHILIPPINE NATIONAL PUBLIC PARKS SYSTEM,
AND APPROPRIATING FUNDS THEREFOR

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

Chapter 1 - Introductory Sections
Section 1. Short Title. — This Act shall be known as the "National Parks Act of 2023'.
Section 2. Declaration of Policy. — It is the policy of the State to protect and maintain
the health and well-being of the Filipino people, through the establishment and

preservation of parks and open spaces. Towards this end, the State recognizes parks and
open spaces as valuable assets, and as such mandates:

a) the establishment of the Philippine National Public Parks System aimed to conserve
the scenery, natural and historic objects, and to provide for their enjoyment in
such manner and by such means as will leave them unimpaired for the enjoyment.
of future generations.

b) the recognition that parks and open spaces contribute to human health and
wellbeing, social cohesion / identity, tourism, biodiversity, air quality and carbon
sequestration, water management, and cooling the environment.

Section 3. Definition of Terms. As used in this Act, the following words shall mean:


a) Administrator — refers to the Chief Executive Officer and Head of the National and
Local Public Parks Authority (NALPA) Secretariat as defined in Sec. of this Act.

b) Board — refers to the NALPA Board as defined in Sec. 5 of this Act. National and
Local Public Parks refer to any land laid out as a public garden and/or used for the
Purpose of public recreation. This does not refer to national shrines administered
by the Philippine Veterans Affairs Office.

) National and Local Public Parks System or the System - refers to the system of
parks and open spaces as defined under Chapter 4 of this Act.

d) NIPAS- refers to the National Integrated Protected Areas System as defined in
Republic Act No. 7586, as amended, or the NIPAS Act.

€) NPOC - refers to the National Parks Development Committee created by Executive
Order 30 series of 1963.

f) NPF or NPFI - refers to the Nayong Pilipino Foundation Inc., a government owned
and controlled corporation registered with the Securities and Exchange
Commission on May 7, 1969, as a non-stock, non-profit corporation. Presidential
Decree No. 37 established the Nayong Pilipino Foundation on November 6, 1972.

g) Protected Areas - refers to the Protected Areas as defined under the NIPAS Act.

h) Secretariat- refers to the NALPA Secretariat as defined under Sec. 7 of this Act.

Chapter 2 - Establishment of the National and Local Public Parks Authority

Section 4. Creation of the National and Local Public Parks Authority. — There is
hereby created the Nationai and Locai Parks Authority hereinafter referred to as the
“Authority”. The Authority shall primarily be responsible for the National and Local Public
Parks System including the establishment of policies, plans and programs taking into
consideration the following:

a) the State policy declared herein of giving due consideration to the establishment
and maintenance of national and urban parks, open and green spaces, and
recreational facilities;

b) the implementation of the above-mentioned policy requires the coordination and
cooperation of policies, plans, and programs of different concerned sectors of
Philippine society; and

c) equal and active participation of the national government and its appropriate
agencies, the LGUs, the academe, and the private sector shall be made the rule in
order to ensure that the National and Local Public Parks System shall be fully
established and maintained.


Section 5. Governing Board of the National and Local Parks Authority. - In the
exercise of its powers and functions, the Authority shall be governed by a Board to be
composed of the following:

a) Secretary of Tourism: Chairperson

b) Secretary of Environment and Natural Resources: Co-Chairperson (who shall be
officially represented by the Director of the Biodiversity Management Bureau)

C) Secretary of Public Works and Highways: Member

d) Secretary of the Agriculture Secretary of Interior and Local Government: Member

e) Chairperson of the Commission of Higher Education: Member

f) Director-General of the TESDA Secietai viber

In addition, the President of the Philippines shall appoint the following members
from the private sector: two representatives, from a recognized professional architectural
organization; and two representatives, from the academe, preferably in urban planning
and development.

As soon as all the members of the private sector are appointed, they shall so
organize themselves that the term of office of one-third (1/3) of their number shall expire
every year. The member from the private sector appointed thereafter to fill vacancies
caused by expiration of terms shall hold office for three (3) years.

The President of the Philippines may, however, revise the membership of the

of the Board's functions through an administrative order.

The NALPA Board shall meet at least twice a year, or as frequently as may be
deemed necessary by its Chairperson. In the absence of the Chairperson, a Co-
Chairperson shall preside. The internal rules of the NALPA Board shall be promulgated
during its first organizational meeting.

In the exercise of its functions, the NALPA Board shall be assisted by the NALPA
Secretariat as provided for in Section 7 of this Act.

The benefits, privileges and emoluments of the Board shall be consistent with
existing laws and rules.

Section 6. Powers and Functions of the Board. The Board, shall have the following
powers:


a) Establish minimum quotas for all LCDs for the designation of municipal and city
lands for public parks, where applicable.

b) manage the country's National and Local Public Parks System, and in doing so shall
guide and assist other government agencies and entities, and the LCDs in the
planning, establishment, and management of parks that will be included in the
System;

C) promulgate, after due consultation with concerned groups and entities, policies,

plans, programs and guidelines as may be necessary for the effective

implementation of this Act and the establishment of the National and Local Public

Parks System,

establish and manage the National and Local Public Parks Institute which shall

serve as the national center for park administration, management, and

maintenance training, research and development;

in coordination with the Biodiversity Management Bureau, shall make Protected

Areas accessible to the public for recreational purposes;

f) organize and constitute standing committees, subsidiary groups, or technical
working groups for the efficient integration and coordination of local open spaces
and urban parks;

9) exact reasonable fees and charges for such services provided and trainings
conducted and retain such earnings for its own use, subject to guidelines
promulgated by the Authority;

h) create, when deemed necessary, an Advisory Committee which shall provide
expert and technicai advice to the Board to be chosen from the academe and the
private sector: Provided, that in case the Advisory Committee is created, the Board
is hereby authorized to set aside a portion of its appropriation for its operation;
and

i) carry out any and all other functions characteristic of public institutions of similar
mandate and national scope, in line with prevailing international principles and
best practices.

qd)

e)

Section 7. The NALPA Secretariat — The NALPA Secretariat, an independent agency
of the executive department, shall have the primary mission of providing proactive
leadership in the continuous development of systematic approaches as well as measures
to maintain and manage the National and Local Public Parks System, and shall have the
following functions and responsibilities:


a) to establish and maintain a planning process and formulate a national parks
development plan in which all concerned groups and entities at various levels
Participate;

to provide analytical inputs to policy decision-making of the Authority on allocation
of resources and institutional roles and responsibilities as shall be embodied in the
annual national parks plans;

¢) to recommend measures, and implement the same upon approval by the
Authority, for the effective and efficient implementation of the national parks
development plan;

to propose to the Authority the specific allocation of resources for the programs
and projects it shall undertake pursuant to approved national parks development
plan;

to submit to the Authority periodic reports on the progress and accomplishment of
work programs of implementation of plans and policies; and

f) to perform such other functions and duties as may be assigned by the Board.

b)

d

3

Section 8. The NALPA Administrator and Chief Executive Officer. — The NALPA
Secretariat shall be headed by an Administrator, who shall likewise be a member of the
Board. The Administrator shall be appointed by the President of the Philippines and shall
enjoy the benefits, privileges and emoluments equivalent to the rank of Undersecretary.

As Chief Executive Officer of the Secretariat, the Administrator shall exercise
general supervision and control over its technical and administrative personnel. The
Administrator shaii have the power to recommend to the Authority the structural
organization and the personnel complement of the Secretariat. Furthermore,
Administrator shall appoint such personnel necessary to carry out the objectives, policies
and functions of the Authority subject to Civil Service laws, rules and regulations.

The Administrator may call upon other instrumentalities or entities of the
government and nongovernment and civic organizations for assistance in terms of the
use of their facilities and resources for the management and administration of any park
in the System. This authority includes the power to call on the Philippine National Police
to maintain peace and order in any park in the System.

The performance of the functions of the Administrator under this Act shall, in no
case, result in the diminution of the powers of the LGUs to establish their own parks or
develop their own open or green spaces.


Section 9. Deputy Administrators. - The Administrator shall be assisted by four (4)
Deputy Administrators for: (i) Research and Development, (ii) National and Local Public
Parks Operations, (iii) Local Public Parks Operations, and Park Architecture & Planning.

The Deputy Administrators shall enjoy the benefits, privileges and emoluments
equivalent to the rank of Assistant Secretary.

Section 10. Regional Administrators. - The Regional Administrators shall be under
the direct control of the Administrator and shall oversee the operations of National and
Local Public Parks at the regional level.

The Regional Administrators shall enjoy the benefits, privileges and emoluments
equivalent to the rank of a Regional Director, and shall provide technical assistance
particularly to local government units for effective supervision, coordination, and
monitoring of national and local parks within their localities, and their integration to the
National Public Park System.

Section 11. Organizational Divisions. -The Secretariat shall have the following
Divisions which shall be headed by Division Chiefs:

a) Administrative Division

b) Finance Division

c) Programs and Public Affairs Division

d) Internai Audit Division

) Security and Safety Division

f) Information and Communications Technology Division
g) Cultural & Heritage Preservation Division

The following Divisions shall be headed by the Deputies Administrators:

a) National Public Park Operations & Management
b) Local Public Park Operations & Management

Cc) Research & Development

d) Park Architecture & Planning

Section 12. Personnel Training, Development and Performance Incentives. -
The Authority shall undertake training and development programs to upgrade the
capabilities of its personnel in its various functions. Personnel shall be allowed to train or


study outside the Institute, in the Philippines or abroad, on official time, subject to the
needs of the service, upon approval of the Administrator.

A system of monetary incentives shall be established to reward the superior
performance and milestones of professional development on the part of management
and administrative and technical personnel, subject to approval of the Department of
Budget and Management and, where applicable, to the Civil Service Commission.

Section 13. Consultants and Technical Assistance, Publication and Research. -

In pursuing its objectives, the Authority is hereby authorized to set aside a portion
Of its appropiiation for the hiring of services of qualified consultants, and private
organizations for research work and publication in the field of national and urban parks,
and open and green spaces. It shall avail itself of the services of other agencies of the
Government as may be required.

Section 14. Privileges of the Authority. - In line with the declared policy and the
avowed purposes of this Act, and to ensure its independence and autonomy, the NALPA
Secretariat shall be attached solely for budgetary coordination and related purposes to
the Office of the President. The Secretariat shall:

a) be classified as a National Government Agency, primarily for administrative
purposes, including receiving its annual budget from the general appropriations of
the National Government to cover appropriately the entirety of its mandated
operations and activities;

be considered as higher in level than a Bureau or Bureau-level agency but beneath
that of a Department or Department-level agency, primarily for
administrative purposes as to staffing pattern and compensation scales; and
enjoy such pr es and special rules characteristic of both a Govern:
or Controlled Corporation and a State University or College wherever possible and
which, in any and all cases, promote the objectives of this Act; and that special
tule as may be necessary to this effect be formulated and appropriately
Promulgated by the NALPA, the Department of Budget and Management, the
Commission on Audit, and other concerned agencies.

b)

2

Section 15. The Dissolution of NPDC and NFC and Transfer to NALPA
Secretariat. - The NPDC and NFC are hereby dissolved and all their powers, functions,
responsibilities, all applicable funds and appropriations, records, assets, and properties
are hereby transferred to the NALPA Secretariat.


Chapter 3 -The National Parks Institute

Section 16. The Creation of the National Parks Institute. - There is hereby created
the National Parks Institute of the Philippines which shall be under the supervision of the
Board. The Institute shall serve as the training and development arm of Authority. The
Institute shall be headed by a Director.

In coordination with CHED and state universities and colleges, and other private
universities and institutions, the Institute shall establish a unique training course aimed
at supporting the purposes of this Act, and shall:

a) formulate and implement training programs for all personnel of NALPA, and of
LGUs, and other agencies, and private entities and institutions who wish to train
with the Institute;

b) formulate and implement select mandatory and specialized courses, and for that
purpose shall be allowed to issue diplomas and technical certificates under such
rules as will be coordinated with CHED and TESDA;

c) develop and implement research and development to support NALPA and for
educational training programs; and

d) perform such other related functions as may be prescribed by NALPA and the
Board.

Chapter 4 - The National Parks System

Section 17. Study and Planning of National Parks, Urban Parks, Open Spaces,
and Recreational-Area Facilities. - Within 3 years from the effectivity of this Act, the
Authority shall make a comprehensive study of the National Parks, Urban Parks, Open
‘Spaces, at eational-Area Facilities programs of th
LGUs and of areas of land throughout the Philippines that are or may be chiefly valuable
as National Parks, Urban Parks, Open Spaces, and Recreational-Area Facilities.

The report shall be submitted to the Board who shall be empowered to declare
specifically identified areas as either National Parks, Urban Parks, Open Spaces, or
Recreational-Area Facilities.

Section 18. Identification of National Parks. - Notwithstanding any law or
proclamation to the contrary, the following parks are hereby considered National Parks
and shall be under the jurisdiction of the Authority: (1) the Rizal Park, and (2) the Paco
Park.


The Administrator, and its Provincial Administrators, are strictly mandated to
investigate, study, and continually monitor areas whose over-all circumstances exhibit
qualities of national significance and that may have potential to become a NALPA Park.

Section 19. Acquisition of Land. - In the exercise of its power under this Act, the
Authority through the Administrator shall have the power to acquire land and interests in
land within the boundary of any NALPA Park. In the same manner and for the
establishment of an identified National Park, the power of eminent domain shall be
exercised through the Administrator, or by any of its Deputies or Provincial

Adininistrators.

Section 20. Creation of Urban Parks and Open Spaces in LGUs. - Within the period
provided by the Authority, LGUs shall be obliged to identify Urban Parks and Open Spaces
within their jurisdictions.

Identified areas may either become NALPA Administered Parks or maintain their
nature as Local Parks at the discretion of the LGU.

The Authority is hereby mandated to enter into cooperative agreements with
colleges and universities, in partnership with LGUs and other agencies, to establish
Cooperative study units to conduct multi-disciplinary research and develop integrated
information products on the resources in the NALPA Parks, or the LGU of which the NALPA
Park is iocated for possibie commerciai production or utilization.

Section 21. Delineation of Authority and Coverage. - Subject to the IRR and
dependent on the categorization of the land or an area, a nature reserve or a declared

All other parks established or may be established may be covered under this Act.

Section 22. Administration, Management, and Funding of NALPA Parks. -
Subject to reasonable restrictions under the IRR, the general public are hereby to be
granted free admission to all NALPA Parks. However, the Authority may levy appropriate
fees to special activities or programs.

Section 23. Retention of Income. - The Authority is hereby authorized to retain the
entirety of its income from all sources of its operations nationwide, and to spend the
same for any purpose.


Section 24, The NALPA Fund, - The NALPA Fund is hereby established, to be
managed/administered by the Authority, the income from which shall be utilized
exclusively in awarding of grants and providing assistance to park development programs,
local government units for upgrading their capabilities, and to develop and implement
training and training-related activities for park development. The contribution to the fund
shall be the following:

a) a one-time lump sum appropriation from the National Government in the amount
of P100,000,000.00

b) donations, grants, endowments, and other bequests or gifts of which the Authority
is hereby authorized to accept, and

c) any other income generated by the Authority.

The Authority shall be the administrator of the fund, and as such, shall formulate the
necessary implementing guidelines for the management of the fund, subject to the
following: a) unless otherwise stipulated by the private donor, only earnings of private
contributions shall be used; and b) no part of the seed capital of the fund, including
earnings, thereof, shall be used to underwrite expenses for administration.

The Board shaii appoint a reputabie government-accredited investment institution as
fund manager, subject to guidelines promulgated by the Board.

Section 25. Incentives Schemes. - The Authority shall develop and administer
appropriate incentives schemes to encourage the LGUs and private industries and
institutions to participate in the development of the National Parks System.

Section 26. Parks and Green Spaces Awards. - To promote parks development in
the country and with the view of participating in international park development
competitions, the Authority, with the active participation of private industries, shall
organize and conduct annual Parks and Green Spaces Awards. The Authority, through
the Secretariat, shall promulgate the necessary rules and guidelines for the effective and
efficient conduct of Annual National Parks and Green Spaces Competition among the
LGUs and for the country's participation in international park development competitions.

Section 27. Exemption from Taxes, Duties, Fees and Charges. - The Authority
shall be exempt from the payment of taxes, fees and charges imposed by the National
Government and its political subdivisions, agencies and instrumentalities regardless of
the nature of its activity.


All donations in any form shall be exempt from the donor's tax and the same shall
be considered as allowable deduction from the gross income in the computation of the
income tax of the donor, in accordance with the provisions of Republic Act No. 8424,
otherwise known as the National Internal Revenue Code of 1997, as amended.

Furthermore, importation of supplies and materials for the use of the Authority
shali be exempt from customs duties.

Section 28. Commercial Operations of and inside of NALPA Parks. - The Authority
shall be authorized to undertake commercial operations, the proceeds of which shall be
credited to the NALPA Fund:

a) The rental of dedicated areas for external events, functions and similar activities.

b) The lease of dedicated areas for the erection and operation of commercial
establishments inside NALPA Parks, which NALPA shall be allowed to award,
through public bidding, and giving preference to nonprofit organizations of a
nature related to or supportive of its mandate, for a term of up to five (5) years
per contract.

) The production and/or licensing of official merchandise.

d) The award of concession contracts when the Authority shall utilize concession
contracts to authorize a person, corporation, or other entity to provide
accommodations, facilities, and services to visitors or users of NALPA Parks.

Section 29. Contracted Services. - Then the Authority is authorized to contract our
services for Park Management and Safety and Security Services.

Chapter 5 - Miscellaneous Provisions

Section 30. NWALPA Budget. - The amount necessary to finance the initial
implementation of this Act shall be charged against the existing appropriations of s the
NPDC and the NPF, and shall be supported by funds coming from the Office of the
President. Thereafter, such funds as may be necessary for the
continued implementation of this Act shall be included in the annual General
Appropriations Act.

Section 31. Implementing Rules and Regulations. - Within 180 days from the
effectivity of this Act, the Administrator shaii submit to the Board the impiementing ruies
and regulations of this Act upon prior consultation with all concerned groups and entities.


Section 32. Transitory Provisions,

a) Within two (2) months after the approval of this Act, the President shall, in
consultation with the Secretary of Tourism appoint the private sector
representatives of the Board.

b) Within three (3) months after the appointment of the private sector
representatives, the President shall, upon the recommendation of the Board,
appoint the Administrator.

¢) Within four (4) months after the appointment of the Administrator, the Board shall

Convene to determine the organizational structure and staffing pattern of the

‘Authority.

Within one (1) year after the organization of the Authority, the Board shall

commission an expert group on funding schemes for the NALPA Fund, as provided

in Section 24, the results of which shall be used as the basis for appropriate action
by the Board.

e) Upon the effectivity of this Act, and prior to the appointment of the Board and the
Administrator, the heads and personnel of both NPDC and the NPF shall continue
to exercise their functions and duties, in holdover capacity, and shall ensure the
smooth transition to the Board and the Administrator.

f) All personnel of the NPDC and NPF are hereby deemed retired from service.
Retirement and separation benefits shall be paid under existing rules and
regulations.

g) The Authority may on its discretion retain any personnel of NPDC and NPF it deems
necessary to carry out its purpose and function.

h) The ownership and title to the properties now actually occupied by the NPF and
NPDC are hereby transferred in fee simple to the Authority, subject to the following
conditions:

()

i) The titles to the land conveyed by this Act shall not be transferred by the
Authority to another person or entity without previous authorization by the
President of the Philippines.

ji) The Authority is hereby authorized to mortgage any properties referred to
above for the purpose of carrying out its objectives and purposes only; and

iii) In case the Authority is dissolved or ceases, for any reason, to undertake
its objectives, or ceases to need any of the lands for any reason, said land
shall ipso facto revert to the National Government without compensation.

Section 33. Automatic Review. — Every five (5) years, after the effectivity of this Act,
an independent review panel composed of three (3) persons appointed by the President


shall review the performance of the Authority and shall make recommendations, based
on its findings to the President and to both Houses of Congress.

Section 34, Repealing Clause. — All |aws, presidential decrees or issuances, executive
orders, letters of instruction, administrative orders, rules or regulation inconsistent with
the provisions of this Act are hereby repealed or modified accordingly.

Section 35. Separability Clause. - If any provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby shall
remain in full force and effect.

Section 36. Effectivity. — This Act shall take effect fifteen (15) days after the
publication in the Official Gazette or in a newspaper of general circulation.

Approved,