Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Sixteenth Congress
Third Regular Session

5966

HOUSE BILL NO.

Introduced by Honorable Fernando V. Gonzalez

EXPLANATORY NOTE

Cognizant of the profound impact of human activities on all components of the
natural environment particularly the effect of increasing population, resource exploitation and
industrial advancement; recognizing the critical importance of protecting and maintaining the
natural and physical diversities of the environment notably areas of unique biological
significance in order to sustain life; taking into account the socio-cultural, economic,
aesthetic and environmental values of the ecosystem of Ticao and Burias Pass and its
surrounding areas to the Provinces of Albay, Sorsogon and Masbate, particularly its seascape
resources, the diversity of its floral and fauna; and finally, in pursuit of the State’s duly to
protect and advance the right of the people to a balanced and healthful ecology in accord with
‘the rhythm and harmony of nature, it is hereby declared the policy of the State to secure for
the Filipino people to present and fixture generations, the protection and conservation of Ticao
and Burias Pass and its surrounding areas in accordance with Republic Act No. 7586 or the
National Integrated Protected Areas System (NIPAS) Act of 1992 and international
conventions to which the Philippines is a signatory.

Pursuant to the above policy, the NIPAS Act and as provided herein, Ticao and Burias
Pass, and its surrounding vicinities with boundaries as described hereunder, is hereby
declared and established as a protected area under the category of a protected seascape to be
known as the Ticao-Burias Pass Protected Seascape.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Sixteenth Congress
Third Regular Session

HOUSE BILLNo,__5966

Introduced by Honorable Fernando V. Gonzalez

AN ACT
DECLARING THE TICAO-BURIAS PASS AND ITS SURROUNDING AREAS, ALL
SITUATED IN THE PROVINCES OF ALBAY, SORSOGON, AND MASBATE AS
PROTECTED SEASCAPE, PURSUANT TO REPUBLIC ACT 7586, OTHERWISE
KNOWN AS THE NATIONAL INTEGRATED PROTECTED AREAS SYSTEM
(NIPAS) ACT OF 1992

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

Article I - Title, Policies and Scope

SECTION I. Title. — This Act shall be known as the TICAO-BURIAS PASS
PROTECTED SEASCAPE OF 2015.

Sec. 2. Statement of Policy. ~ Cognizant of the profound impact of human activities
on all components of the natural environment particularly the effect of increasing population,
resource exploitation and industrial advancement; recognizing the critical importance of
protecting and maintaining the natural and physical diversities of the environment notably
areas of unique biological significance in order to sustain life; taking into account the socio-
cultural, economic, aesthetic and environmental values of the ecosystem of Ticao and Burias
Pass and its surrounding areas to the Provinces of Albay, Sorsogon and Masbate, particularly
its seascape resources, the diversity of its floral and fauna and finally, in pursuit of the State’s
duty to protect and advance the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature, it is hereby declared the policy of the State to
secure for the Filipino people of present and future generations the protection and
conservation of Ticao and Burias Pass and its surrounding areas in accordance with Republic
Act No. 7586 or the National Integrated Protected Areas System (NIPAS) Act of 1992 and
international conventions to which the Philippines is a signatory

See. 3. Declaration. - Pursuant to the above policy, the NIPAS Act and as provided
herein, Ticao and Burias Pass and its surrounding vicinities with boundaries as described
hereunder, is hereby declared and established as a protected area under the category of a
protected seascape to be known as the Ticao-Burias Pass Protected Seascape,



Sec. 4, Definition of Terms. ~ For purposes of this Act, the following terms are
hereby defined:

(a) "TBPPS” or “protected area” refers to Ticao-Burias Pass Protected Seascape as
established herein,

(b) “Genetically Modified Organisms” or GMO means any living organism that possesses
a novel combination of genetic material obtained through the use of modern
biotechnology through in vitro nucleic acid techniques, including recombinant
deoxyribonucleic acid (DNA) and direct injection of nucleic acid into cells or
organelles, or fusion of cells beyond the taxonomic family, that overcome natural
physiological reproductive or recombination barriers that are not techniques used in
traditional breeding and selection.

(c) “LGUs” shall pertain to local government units within the TBPPS;
(d) “PAMB” refers to the TBPPS Protected Area Management Board;
(e) “PAMO” ~ Protected Area Management Office;

(f) “PASO” shall refer to the Protected Area Superintendent Office comprised of the
PASu and his/her staff,

(g) “PASu” refers to the Protected Area Superintendent

(h) “Protected species” shall refer to any plant or animal declared protected under
Philippine laws and international conventions, including species listed under the
Convention on International Trade of Endangered Species (CITES) and all its
Annexes, the Bonn Convention on Migratory Species, the Red-list Categories of the
World Conservation Union (IUCN), or any plant or animal which the PAMB may
deem critical for the conservation and preservation of the BVNP.

Sec. 5. Scope. — The Ticao-Burias Pass Protected Seascape (TBPPS) shall cover the
Provinces of Albay, Sorsogon and Masbate, containing an area of 356,195 hectares subject to
ground survey with the following technical description:

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Article If — Management, Management Plan and Zoning

Sec. 6. Management of the TBPPS. — The management and administration of the
TBPPS shall be vested with the PAMB; provided, that the management of zones to be
established within the TBPPS shall be consultative and participatory.

‘The PAMB shall be responsible for the planning, resource protection and general
administration of the TBPPS in accordance with the approved Management Plan.

Sec. 7. Management Plan. ~ There shall be a Management Plan which shall serve as
the long-term basic framework for the management of TBPPS, govern all activities within the
‘TBPPS, and guide the preparation of the annual operations plan and budget. The
Management Plan shall be consistent with this Act and the nature of the TBPPS as a
protected area under the category of a protected seascape. A Manual containing the
Management Plan and other supporting data shall be prepared in accordance with the
implementing rules of the NIPAS Act.

Within one (1) year from the effectivity of this Act, the PASO shall prepare the
Management Plan in accordance with the General Management Planning Strategy as
provided in the implementing rules of the NIPAS Act, It shall contain, among others, the
following:

(a) A period of applicability for ten (10) years subject to review every five (5) years;

(b) Key management issues;

(©) Goals and objectives of management in support of Section 2 hereof;

(d) Zoning in accordance with Section 8 hereof,


(e) Management programs to include enforcement of laws, habitat and wildlife
management, ecotourism, sustainable use, management, infrastructure development
and maintenance, fire prevention and pest control;

(f) Sustainable and non-destructive livelihood activities,

(g) Regulations in furtherance of the preservation and conservation aims of the TBPPS
such as allowable activities, resource-use restrictions, among others; and

(h) Other relevant conservation matters.

‘The Management Plan shall be reviewed and adopted by the PAMB and certified to
by the DENR Secretary. The Management Plan shall not be revised or modified without
prior consultation with the PAMB. It shall be reviewed and updated every five (5) years.

‘Two (2) years prior to the expiration of the current Management Plan, the PASO shall
cause the publication of notices for comments and suggestions on the new Management Plan
that will succeed the old one in a newspaper of general circulation and the posting thereof in
the provincial, municipality/city and barangay halls of the LGUs comprising the TBPPS, and
in three (3) other conspicuous areas frequented by the public within the TBPPS. At least two
(2) public hearings shall be conducted on the proposed successor plan and shall be made
available for public perusal at the PASO.

The Management Plan and all its successor plans shall be prepared in English,
Filipino and Bicol, plainly written and made accessible to the public at the PASO.

Sec. 8. Zoning ~ Strict Protection Zone and Multi-Use Zone shall be established
within the TBPPS giving primary consideration to its protection and conservation. Zoning
shall also take into account the tenurial and livelihood concems of communities to ensure the
efficient protection of habitats, fragile ecosystems and unique areas,

The establishment and management of zones must involve the community concerned
by undertaking such steps as dialogues, consultations and land and resource-use mapping
Zones shall be demarcated on the ground and indicated on maps with the participation of
communities, LGUs, and other stakeholders.

Buffer zone shall also be established within the peripheral areas of the TBPPS in
accordance with the Management Plan to serve as a social fence where tenurial and
sustainable resource-use rights may be granted to qualified groups and individuals.
Article II Institutional Mechanism, Roles and Functions
Sec. 9. PAMB ~ (a) There shall be a Protected Area Management Board which shall
serve as the highest policy-making body of the TBPPS. It shall be composed of the
following:

(a) The Regional Director (RD) of Region V as PAMB Chair,

(b) The Provincial Planning & Development Officers of Albay, Sorsogon and Masbate;


(©) The Environment and Natural Resources Officer (ENRO) of the Provinces of Albay,
Sorsogon and Masbate (PENRO-LGU);

(d) One (1) regular representative from each municipality/city with territory within
TBPPS;

(e) One (1) regular representative from each barangay with territory within TBPPS;

(£) One (1) representative from every NGO, PO, church or civic organization but not to
exceed five (5), all of whom must be based in or near TBPPS;

(g) One (1) representative from other government agencies with direct interest or
involvement in protected area management; and

(h) One (1) representative from academic institutions with direct interest or involvement
in protected area management.

Every PAMB shall serve for a term of five (5) years, renewable for another five (5)
years; Provided, That he/she remains connected with the office or sector he/she is supposed
to represent; Provided, further, That LGU representatives must present the necessary
endorsement from their respective Sanggunians. Whenever a vacancy occurs during the term
of a non-government PAMB member, a new member shall be chosen in the same manner as,
the original selection process and only for the remaining term.

Sec. 10. Powers and Functions of the PAMB ~ The PAMB shall decide by majority
vote and shall have the following powers and functions:

(a) Issue rules and regulations to control, prohibit and regulate all acts that may be
prejudicial to the TBPPS pursuant to the policy declarations herein set forth, including
the imposition fines to a maximum of Twenty thousand pesos (P20,000.00) and
issuance of cease and desist orders, whenever justified;

(b) Regulate, control and issue permits in accordance with the Management Plan
pertinent environmental laws and regulations particularly with regard to infrastructure
activities, public utilities, waste management, business enterprises and research
activities within the TBPPS, including the power to prescribe appropriate fees and
charges;

(©) Review, approve and adopt a Management Plan for TBPPS;

(@) Recommend the deputation through the PASu individuals or groups to augment the
protection personnel of TBPPS for the enforcement of laws, rules and regulations
therein, and prescribe, qualifications thereof,

(e) Approve contracts and agreements consistent with the purpose of this Act

(f) Accept donations and grants;


(g) Review and approve proposals for funding, financial and work plans, and exercise
accountability over all funds that may accrue to the TBPPS;

(h) Promulgate rules and regulations on the conduct of its business
(i) Monitor and evaluate the performance of all PASO personnel;

(j) Retain legal counsel to defend cases against the PAMB, the PASO staff and
deputized individuals whenever they are sued in connection with the performance of
their duties and functions under this Act, and to assist in other PAMB legal matters,
and

(k) Initiate and file suits against persons or entities whose business or activities are
detrimental to the protected area.

Sec. 11. Protected Area Superintendent’s Office - There is hereby created a
Protected Area Superintendent’s Office (PASO) which shall perform the day-to-day
management, protection and administration of the TBPPS. It shall be headed by the
Protected Area Superintendent (PASu) as its chief operating officer who shall be directly
accountable tothe © PAMB and the Provincial Environment and Natural Resources
Officers of the DENR (PENRO-DENR) in Albay, Sorsogon and Masbate, The PASu shall
coordinate his/her activities with the CENROs with regards to DENR programs that are
related to protected area management.

The PASO shall be staffed by a sufficient number of personnel with functions and
qualifications as provided for by the PAMB, The PASO staff shall preferably be hired from
residents of the municipalities comprising TBPPS, unless otherwise not qualified.

‘The PASu shall prepare an annual accomplishment report on all activities undertaken
in the protected area for PAMB review and submission to the DENR Secretary.

Sec. 12. Local Government Units — LGUs shall be represented in the PAMB and
shall have the following functions:

(a) Apprise 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 area;

(©) Retain their ordinance-making powers over the protected area; Provided, That on
matters relating to biodiversity conservation, protection and sustainable development,
the ordinances shall be consistent with the Management Plan;

(d) In the formulation of their development plan, LGUs shall consider the TBPPS
Management Plan;

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


(© Accredit people’s organizations, NGOs and other entities and groups involved in
activities within the TBPPS; and

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

Article IV — Utilization of Resources

Sec. 13. Utilization of Resources ~ Except upon prior approval of the PAMB and
consistent with the Management Plan the use of natural resources within TBPPS shall not be
allowed. However, the sustainable use of resources by tenured migrants for their domestics
needs or for subsistence shall not be restricted except protected species and whenever highly
detrimental to the ecosystem.

Arti

le V — Prohibited Acts

Sec, 14. Prohi
their respective penalties

led Acts ~ The following acts are prohibited within the TBPPS with

(a) A fine of not less than Five thousand pesos (P5,000,00) to not more than Five hundred
thousand pesos (500,000.00) and imprisonment of not less that six (6) years and one
(1) day to not more than twelve (12) years shall be imposed upon any person who

(1) Collects, takes, destroys, traps, disturbs or otherwise possesses any wild plant,
animal or product, including genetic resources, derived from the TBPPS without
prior PAMB permit: Provided, That such permit can only be given for scientific
purposes and necessary for protected area management;

(2) Engages in illegal fishing activities in TBPP:

(3) Introduces exotic species or genetically modified organisms within the TBPPS,
and

(4) Discharges, leaves or dumps any waste product or substance deleterious to the
TBPPS ecosystem or to any of the flora and fauna therein;

(b) A fine of not less than Five thousand pesos (P5,000,00) to not more than Two
hundred fifty thousand pesos (P250,000,00) and imprisonment of not less than six (6)
months and one (1) day to not more than six (6) years shall be imposed upon any
person who:

(1) Uses or possesses motorized equipment, explosives or any noxious substance
anywhere within the strict protection zones of the TBPPS as delineated by the
PAMB;

(2) Obstructs or hinders the enforcement of this Act, the Management Plan and its
pertinent rules and regulations.


(c) A fine of not less than Five thousand pesos (P5,000.00) to not more than Fifty
thousand pesos (P50,000.00) or imprisonment of not less than one (1) month and one
(1) day to not more than six (6) months, or both, shall be imposed upon any person
who:

(1) Except as otherwise provided, violates the Management Plan or any rule or
resolution promulgated by the PAMB;

(2) Alters, removes, destroys or deface boundaries, marks or signs,

(3) Enters the TBPPS without prior PAMB permit for purposes of spelunking and
other recreational activities;

(4) Dumps, litters or otherwise leaves debris, refuse or garbage within the TBPPS,

(d) Any provision to the contrary notwithstanding, the commission of any unlawful act
under Section 17 (a) shall carry the penalty of imprisonment of not less than twelve
(12) years and one (1) day to not more than twenty (20) years and a fine of not less
than Five hundred thousand pesos (PS00, 00.00) to not more than One million pesos
(P1, 000,000.00), whenever the species involved is a protected species as provided
herein, Any citizen may institute the necessary charge against an offender for
commission of the acts enumerated under this section

(e) A conviction under this Section shall carry the accessory penalties of eviction from
the TBPPS, payment of damages for rehabilitation and restoration, and the forfeiture
of all conveyances, equipment, device, instrument, tool or weapon used in the
commission of the offense as well as the flora, fauna and resources caught in the
possession of the accused. In case the offender is an association, partnership or
corporation, the president or manager of the said corporation shall be held liable for
the act of his/her employees or workers

(6) The DENR through the PASu may impose administrative sanctions against the
offender for violations committed under this Act. The PASu may confiscate all
conveyances, equipment, device, instrument, tool or weapon used in the commission
of the offense caught en flagrante including the animals, plants and other resources
from the TBPPS found in the possesses of the offender.

(g) In case of conviction, the penalty consisting of fines and damages shall directly accrue
to the IPAF as herein provided.

Article VI - Proceeds and Fees

Sec. 15. Integrated Protected Area Fund — The Integrated Protected Areas Fund
(IPAF) for TBPPS is hereby established as a special trust fund for the protection,
maintenance, administration and management of the TBPPS. One hundred percent (100%) of
the IPAF shall be retained by the PAMB and be exempted from deposit to the National
Treasury strictly for the above use, subject to regular accounting and audit procedures. The
IPAF shall be derived from the following sources:


(a) Fees and charges from facilities and rights directly benefiting from the protected area
including rights derived there from;

(b) Fines from violations inside the protected area;

(c) Proceeds from lease of multiple use or special use areas including tourism
concessions,

(d) Fees from permitted sale of flora, fauna and other forest resources,
(e) Entrance fees and rents of facilities in Recreation Zones,

(£) Contribution, donations endowments and grants from any source, and,
(g) Other revenues as provided in this Act.

All donations, grants and endowments shall be exempted from donor’s tax,
documentary stamp tax and all other taxes, charges and fees imposed by the government.

Current sources of revenue of LGUs such as business permits and real property taxes
shall be excluded from IPAF.

Sec. 16. Appropriations — In order to carry out the purposes of this Act, an annual
aggregate amount of One Hundred Million Pesos (P100,000,000,00) shall be included in the
annual General Appropriations Act and allocated for the use of the TBPPS

Article VII- Miscellaneous Provisions
Sec, 17. Separability Clause — If any part or section of this Act is declared
unconstitutional, such declaration shall not affect in any manner the other parts or sections

hereof.

Sec. 18. Repealing Clause - All laws, proclamations, rules and regulations
inconsistent with this Act are hereby repealed or modified accordingly.

Sec. 19. Effectivity Clause ~ This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper of general circulation

Approved,