Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2838

Introduced by: HON. FERNANDO V. GONZALEZ
HON. AL FRANCIS C. BICHARA
HON. EDCEL “GREX” B. LAGMAN

AN ACT
ESTABLISHING THE MAYON VOLCANO NATURAL PARK (MVNP) IN
THE PROVINCE OF ALBAY AS A PROTECTED AREA, PROVIDING
FOR ITS MANAGEMENT, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Mayon Volcano Natural Park is a part of the State’s National Integrated
Protected Areas System. Cognizant of the economic, aesthetic and environmental
values of the ecosystem of Mt. Mayon and its surrounding areas to the Province of
Albay, particularly, its unique and almost perfect cone, its crucial watershed
function with the presence of springs and major rivers that provide potable water to
three (3) cities of Legazpi,Tabaco, and Ligao and five (5) municipalities of
Malilipot, Sto. Domingo, Daraga, Camalig, and Guinobatan, Albay, the diversity
of its flora and fauna with some endemic species such as the Tariktik Hornbill
(Penelopides Panini), Black naped-oriole (Oriolus chinensis), Reticulated phyton
(Phython Reticulatus), Oriental Civet cat (Viverra Tagalunga) and the famous
pitcher plant or the Saracenia Alata and the different species of orchids, it is
imperative that the protection, preservation and conservation of Mayon Volcano
Natural Park and its surrounding areas be declared a national policy in accordance

Hf


with Republic Act No. 7586 or the National Integrated Protected Areas System
(NIPAS) Act of 1992 and international conventions to which the Philippines isa
signatory.

Pursuant to the above policy, the NIPAS Act, and as provided herein, Mayon
Volcano Natural Park and its surrounding vicinities with boundaries as described
hereunder, is hereby declared and established a protected area under the category
of a natural park to be known as the Mayon Volcano Natural Park (MVNP).

In view of the foregoing, immediate passage of this bill is earnestly
requested.

Represbhtative, 2" District, Albay

= alll
EDCEE“GREX” B. LAGMAN

Representative, 1" District, Albay


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO, 2838

Introduced by:
HON. FERNANDO V. GONZALEZ

HION. AL FRANCIS C, BICHARA
HON, EDCEL “GREX” B. LAGMAN

AN ACT
ESTABLISHING THE MAYON VOLCANO NATURAL PARK (MVNP) IN THE
PROVINCE OF ALBAY AS A PROTECTED AREA, PROVIDING FOR ITS
MANAGEMENT, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Article I
TITLE, POLICIES, OBJECTIVES AND JURISDICTION

SECTION 1. Title.

This Act shall be known and referred to as the MAYON VOLCANO NATURAL
PARK Act of 2013.

SECTION 2. Declaration of Policy.

Mayon Volcano Natural Park is a part of the State’s National Integrated Protected Areas
System. Cognizant of such, and the profound impact of man’s activities on all components of
the natural environment particularly the effect of increasing population, resources exploitation
and industrial advancement, and recognizing the critical importance of protecting and
‘maintaining the natural, biological and physical diversities of the environment, as well as plant
and animal life, it is hereby declared the policy of the State to secure for the Filipino people of
present and future generations the perpetual existence of all native plants and animals through
the establishment of a comprehensive system of integrated protected areas within the
classification of National Park as provided for in the Constitution.


SECTION 3. Category.

Aside from the geological and unique physical features of Mayon Volcano, the
park is essentially a forest reservation characterized by natural wilderness. It is endowed
with rich natural resources and is abundant in rare endemic species of flora and fauna,
some of which are found to be endangered and nearly threatened as classified under the
list of the Convention of International Trade of Endangered Species (CITES). The lower
slopes are covered with vegetation primarily composed of stunted trees and species of
dipterocarp forests. It is for these reasons that Mayon Volcano is categorized as Natural
Park per categorization of Protected Areas under Sec. 3 of Republic Act 7586.

SECTION 4. Definition of Terms.
For purposes of this Act, the following terms shall be defined as follows:

“Bioprospecting” shall refer to the research, collection and utilization of biological and
genetic resources for the purposes of applying the knowledge derived therefrom for
commercial and academic purposes.

“Buffer Zone” shall refer to the identified areas outside the boundaries of and
immediately adjacent to the MVNP pursuant to Section hereof that need special
development control in order to avoid or minimize harm to the Natural Park.

“By-products” or “Derivatives” shall mean any part taken or substance extracted from
wildlife, in raw or in processed form. This includes stuffed animals and herbarium
specimens.

“Collection” or “Collecting” shall refer to the act of gathering or harvesting wildlife, its
by-products or derivatives.

“Chainsaw” shall refer to any portable power saw or similar cutting implement, rendered
operative by an electric or internal combustion engine or similar means that may be used
but is not limited to felling of tress or cutting of timbers.

“Disturbance of Wildlife” shall refer to any act that alters the natural condition of the
area.

“Exploitation” shall refer to any mode of use, extraction, development, utilization or
disposition of resources, for whatever purpose whether commercial or otherwise.

“Exotic Species” shall refer to the species or sub-species that do not naturally occur
within the MVNP at present or in historical time. It shall include the genetically modified
organisms (GMOs).


“FPIC” shall refer to “Free and Prior Informed Consent”, it shall mean the consensus of
all members of the PAMBs/ICCs/Ips to be determined in accordance with their
customary laws practices, free from any external manipulation, interference and coercion,
and obtained after full disclosing the intent and scope of an activity, in a language and
process understandable to the community.

“General Management Plan” shall mean the basic long-term framework plan in the
management of the protected area and serve as guide in the preparation of the annual plan
and budget.

“General Management Planning Strategy” shall mean the guide in the formulation of
the site-specific management plans, including buffer zones

“Habitat” shall mean the place or environment where species or sub-species naturally
‘occur or has naturally established its population.

“IPAF” shall mean the “Integrated Protected Area Fund” as provided in RA 7586 of the
NIPAS Act of 1992, which is primarily established to sustain the operations of the
Protected Areas,

“Littering” shall refer to the disposal of small amount of non-biodegradable solid waste
materials such as, cigarette butts, candy wrappers, plastic bags, bottles, glasses, in the
MVNP which may cause or contribute to the deterioration of the resources or habitats in
the MVNP.

“Management Manual” shall contain an individual management plan, basic background
information, field inventory of the resources within the area, an assessment of assets and
limitations, regional interrelationships, particular objectives for managing the area,
appropriate division of the area into management zones, a review of the boundaries of the
area and a design of the management programs.

“MOA” shall refer to “Memorandum of Agreement” signed among the Protected Area
Management Board (PAMB) of MVNP and other concerned parties with a common
objective or undertaking a specific activity for the Natural Park.

“NIPAS Act” shall refer to the “National Integrated Protected Area System Act of 1992
or RA 7586,

“National Park” shall refer to one of the classification of public domain as provided for
in the Philippine Constitution of 1987 specifically designated for the protection of the
natural heritage comprising the important plants and animals and habitats of the country.


“Natural Park” shall refer to one of the categories of the protected areas as defined in
the NIPAS Act of 1992 or RA 7586. It shall refer to a relatively large area not materially
altered by human activity, where extractive resource uses are not allowed and maintained
to protect outstanding natural and scenic area or national or international significance for
scientific, educational and recreational use.

Natural Resources” shall refer to life support system such as but not limited to the sea,
coral reefs, soil, lakes, rivers, streams and forests as well as useful products found therein
such as minerals, wildlife, trees and other plants including the aesthetic attributes or
scenic sites that are not man-made.

“NGO” shall pertain to non-government organization. It shall refer to any civic,
developmental, philanthropic non-stock, non-profit organization, duly registered, having
by-laws, democratically elected representation and multi-sectoral in character.

“POs” shall refer to “Peoples Organization” which pertains to any group of people
formed to advance the interests of the sector they represent.

“Protected Area” shall refer to the identified portion of land and water set aside by
reason of their unique physical and biological significance, managed to enhance
biological diversity and protected against destructive human exploitation and unless the
context otherwise provides, shall refer to the Mayon Volcano Natural Park.

“Protected Area Management Board” (PAMB) shall refer to the site based decision-
making body responsible for planning, resource protection and general administration of
the area in accordance with the approved management plan.

“Protected Area Superintendent” (PASu) shall refer to the Chief, operating DENR
official at the Protected Area.

“Protected Area Staff” shall refer to other DENR protected area site personnel
supporting the Protected Area Superintendent who performs day to day protection and
administration activities in the Protected area.

“Resource User’s Fee” shall refer to the amount exacted from the use of the resources,
which is being paid annually (periodically)

“Threatened Species” shall be the general term to denote species or sub-species
considered as critically endangered, vulnerable or other accepted categories of wildlife
whose population is at risk of extinction.

“Waste” shall mean the waste materials generated from the use of the resource as
ecotourism and other industrial purposes. :


“wildlife” sball refer to the wild forms and varieties of plants and animals in all
development stages, including those, which are in captivity or are being bred or
propagated.

SECTION 5. Scope and Coverage

Pursuant to Presidential Proclamation No. 413, and in accordance with Republic
Act 7586 otherwise known as the NIPAS Act of 1992, the Mayon Volcano located in the
Cities of Tabaco, Legazpi and Ligao and in the Municipalities of Malilipot, Sto.
Domingo, Daraga, Camalig and Guinobatan, Albay, Island of Luzon is hereby and
established as part of the NIPAS under the category of Natural Park as defined herein. It
shall be referred to as MVNP and shall have the following technical description, as
follows:

Beginning at a point marked “1” on the Bureau of Forestry Map No. N.P. 21, to
corner 1.

thence $ 35°00" W 630 meters to corner 2

thence S$ 89° 00" W 897 meters to corner 3

thence '$ 63° 00° W 1,850 meters to corner 4

thence $ 87°00 'W 810 meters to corner 5

thence 'N 82°00’ W 1,085 meters to corner 6

thence N 44°00" W 990 meters to corner 7

thence N 87° 32’ W 1,550 meters to corner 8

thence N04° 02" W 100 meters to corner 9

thence N 43° 23’ W 1,050 meters to corner 10
thence N77°34°W 173.30 meters to corner 11
thence N 84° 29° W 781.10 meters to corner 12
thence N61°09° E 1,192.40 meters to comer 13
thence N 25° 56° E 13.80 meters to comer 14
thence 'N 42°34" W 14,50 meters to. comer 15
thence $$ 70° 52’ W 200.40 meters to corner 16
thence $ 74°47 E 125.20 meters to corner 17
thence S$ 64° 08 W 236.60 meters to corner 18
thence S 56° 38’ W 250.70 meters to corner 19
thence S$ 80° 02? W 95.40 meters to corner 20
thence S$ 83° 10° W 50.00 meters to corner 21
thence S$ 67°02" W 80.20 meters to comer 22
thence 'N35° 22? W 46,80 meters ‘to comer 23
‘thence N61°09 E 104.50 meters to corner 24
thence 'N 09° 20’ W 21,30 meters to corner 25
‘thence N 49° 30° W 447.30 meters to corner 26
thence 'N 34° 29° W 52.50 meters: to corner 27
thence N 35° 18° E 39.50 meters: to corner 28
thence N52°46°E 23.20 meters to corner 29


thence

$03°2VE

NN 62° 33°E

N 68°01" E

N 60° 03°E

N 76° 40° E

N 49° 30° E

N 29° 43° W
'N 88° 21° W
N 52°01’ W
N 68° 40" W
N 09° 34’ W
N 39°51" W
67°09" W
N34°22°E
$ 32° 52’ W
$ 76° 37" W
$ 57° 44° W
'N 22°09" W
'N 18°35? W
N 35°59" W
$57° 25° W
N47 14 W
N 40° 29° W
'N 84° 30° W
N61° 18" W
NN 45° 49° W
'N 43° 327 W
$77° 37 W
'N09° 24" W
N 46°58" W
'N 20° 187 W
N7P 1S E
$77° 26°E

$ 80°41 E

N 59° 20°E
N 84° 53° E
N 29° 21° W
N 40° 08’ E

N53°11°E
NO°3VE
8 60° 44° E

N72°0V'E

N 21°13" W
N49 11) W

25.80 meters
140.90 meters
49.60 meters
173.20 meters:
53.40 meters
261.40 meters
23,70 meters
100.60 meters
73.70 meters
126.30 meters
44.80 meters
77.00 meters
27.90 meters
17.00 meters
52.60 meters
126.60 meters
149.00 meters
19.90 meters
13.30 meters
67.10 meters
240.40 meters
25. 40 meters
22.40 meters
49.30 meters
56. 00 meters:
90.20 meters
44, 00 meters
64. 50 meters
81.60 meters
90.20 meters
80.80 meters:
30.40 meters
80.80 meters
60.80 meters
64.60 meters
206.40 meters
129.00 meters
12.60 meters
50.30 meters
21.20 meters
72.60 meters
150.06 meters
124, 30 meters
237.50 meters

to corner 30
to comer 31
to corner 32
to comer 33
to corner 34
to corner 35
to corner 36
to corner 37
to corner 38
to corner 39
to comer 40
to corner 41
to comer 42
to corner 43
to corner 44
‘to corner 45
to corner 46
to corner 47
to corner 48
to corner 49
to corner 50
to corner 51
to corner 52
to corner 53
to corner 54
to comer 55
to corner 56
to corner 57
to comer 58
to comer 59
to corner 60
to comer 61
to comer 62
to corner 63
to corner 64
to corner 65
to comer 66
to comer 67
to comer 68
to corner 69
to corner 70
to corner 71
to comer 72
to comer 73


thence

thence

thence

N 13°53" W
N 84°57) W
'N 80° 477° W
NS®IVE
N 10°09 E
N84°SS°E
N75° 16° E
N72°4VE
N79° 00° E
N51°00°E
'N 16° 00° W
'N 75° 00° W
8 69° 00" W
N57°55° W
NN 39° 40" W
N 53°05" W
N 46°35" W
N11°53° W
N 46°17 W
$ 53°27 E
$42°55°E
S$54°14VE
8 72°37 EB
N 53° 38° E
N 86° 58° E
N 43° 18° E
N 13°33? W
N 00° 29° W
N 49° 48" W
'N 68° 23° W
N41°13°W
N77? 03°E
N17°28°E
$ 62°19 W
'N 06° 00" W
$8 70°04 E
$70° 15° E
$82°127E
N 39° 32°E
$ 82°20°E
N80°10°E
N 78° 28° E
N 88° 43° E
N 53°34 E

18.10 meters
496.00 meters
88.00 meters
11.40 meters
41.60 meters
108.10 meters
386.60 meters
183.70 meters
250.00 meters
90. 00 meters
40.00 meters
70.00 meters
120.00 meters
300.80 meters
172.20 meters
36.60 meters
310.80 meters
51.40 meters:
44.40 meters
50.30 meters
100.40 meters
100.30 meters
113.40 meters
80.50 meters
205.20 meters.
13.30 meters
55.50 meters
25.20 meters
417.40 meters
85.90 meters
101.30 meters
52.80 meters
240.40 meters:
279.10 meters
76.10 meters
63.50 meters
421.70 meters
23.30 meters
111.60 meters
29.80 meters
30.30 meters
57.50 meters
07.00 meters
27.60 meters

to corner 74
to comer 75
to corner 76
to corner 77
to corner 78
to comer 79
to comer 80
to comer 81
to comer 82
to comer 83
to corner 84
to corner 85
to comer 86
to corner 87
to comer 88
to comer 89
to corner 90
to corner 91
to corner 92
to corner 93
to corner 94
to corner 95
to comer 96
to corner 97
to comer 98
to corner 99
to corner 100
to corner 101
to corner 102
to corner 103
to comer 104
‘to corner 105
to corner 106,
to corner 107
to corner 108
to corner 109
to comer 110
to comer 111
to corner 112
to corner 113
to corner 114
to corner 115
to corner 116
to corner 117


thence
thence

thence
thence
thence
thence

thence
thence

thence
thence

thence
thence
thence

thence

'N 88° 36°E
N 70°32’ E
N34° 159° E
N77? 00° E
N05° 16° E
N12°28°E
'N05° 00° W
NOS? 217 W
NO01° 38’ W
$ 79° 06" EB
N58°45°E
N43° 41) W
N20°34E
N 68° 25° E
N34° 26° E
N 66° 23°E
N 22°31 W
N 38°52’ W
N04°47°E
N21° 56" W
N 78° 30° W
N 24°41" W
N 49° 46° W
$ 74° 29° EB
'N 84° 48° E
$ 69° 20°E
'N 89° 30° E
N 08° 00" W
§ 58°36" EB
$ 40° 48° W
N23°53'E
N 56° 00° E
N43° 49° E
'N 09° 03° E
'N 04° 26° E
N 26° 43° E
N 44° 00°E
N 87°09 E
N 49° 08° E
$ 25° 56° E
$32°14B
N 54° 28°E
N55°36°E
N76°16°E

110,00 meters
100.90 meters
36.40 meters
40.40 meters
90.10 meters
51,80 meters
04.80 meters
23.30 meters.
116.20 meters
180.10 meters
140.60 meters:
60.20 meters:
146.50 meters
356.60 meters
157.80 meters
18.40 meters
112.10 meters
33.00 meters
41.10 meters
75.00 meters.
56.80 meters
200.70 meters
120.30 meters
172.50 meters
14.60 meters
425.70 meters
218.40 meters
55.20 meters
21.20 meters
24.60 meters
20.00 meters
30.50 meters:
303.80 meters
79.50 meters
111.35 meters
270.20 meters
111.40 meters:
15.70 meters
150.00 meters
75. 00 meters
72.60 meters
43.30 meters
321.00 meters
69.80 meters:

to comer 118
to comer 119
to comer 120
to comer 121
to comer 122
to comer 123
to comer 124
to comer 125
to commer 126
to comer 127
to comer 128
to comer 129
to comer 130
to comer 131
to commer 132
to comer 133
to comer 134
to corner 135
to corner 136
to commer 137
to comer 138
to comer 139
to comer 140
to comer 141
to corner 142
to comer 143
to comer 144
to comer 145
to comer 146
to comer 147
to comer 148
to comer 149
to comer 150
to comer 151
to comer 152
to comer 153
to comer 154
to comer 155
to comer 156
to comer 157
to comer 158
to comer 159
to comer 160
to comer 161


thence
thence

thence
thence

thence
thenee
thence
thence
thence
thence

thence
thence

thence
thence

thence
thence
thence
thence

thence

thence

$ 60° 06° E
N44°57E
$10°52’E
$ 32°49 E
N72°5#E
N 78° 26° E
$ 55° 58‘E
N76°2S°'E
N89°42°E
S$ 48° 23 ‘E
$57°05°E
N66°SI'E
$ 49° 50°E
8 46° 33° E
N45°49° E
N69°65°E
§81°22°E
$ 80° 43° W
$ 26°07 E
'$ 22° 05° E
N 53° 40°E
N 79°31’ E
N 83°24 E
'N 29° 38’ E
N 86° 15°E
N46°57°EB
N62°15°E
$ 82° 20°E
N 49° 41° E
N14°27°E
N16°25°E
$ 19° 00° E
N 65° 00° E
N 65° 00°E
NDUEE

$ 28° 00°E
$ 05° 00" W
$ 60° 00° E
$ 55° 00°E
SDUES

§ 48° 00° E
§ 70° 00° E
$27°00° W
$ 23° 00°E

51.30 meters
385.30 meters
125.50 meters
32.60 meters
43.30 meters
25.00 meters
100.20 meters
70.90 meters
81.40 meters
100.50 meters
28.00 meters
62.00 meters
45.80 meters
50.00 meters
670.30 meters
111.40 meters
90.60 meters
81.10 meters
575.10 meters
92.70 meters
140.00 meters
87.00 meters
54.20 meters
474,90 meters
96.20 meters
31.50 meters:
23.20 meters
30.40 meters
62.90 meters
106.60 meters
217.20 meters:
38.00 meters
30.00 meters
450. 00 meters
400.00 meters
180.00 meters
350.00 meters
425.00 meters
190.00 meters
325.00 meters
250.00 meters
175.00 meters
180.00 meters
130.00 meters

to corner 162
to comer 163
to comer 164
to comer 165
to comer 166
to comer 167
to comer 168
to comer 169
to comer 170
to comer 171
to comer 172
to comer 173
to comer 174
to comer 175
to comer 176
to comer 177
to corner 178
to corner 179
to comer 180
to corner 181
to corner 182
to corner 183
to corner 184
to comer 185
to comer 186
to comer 187
to comer 188
to comer 189
to corner 190
to comer 191
to comer 192
to commer 193
to comer 194
to comer 195
to comer 196
to comer 197
to comer 198
to corner 199
to comer 200
to comer 201
to comer 202
to corner 203
to comer 204
to comer 205


thence $ 50°00? W 230.00 meters. to corner 206

thence $ 08° 00° E 152.00 meters to comer 207
thence $ 79° 00" E 350.00 meters to corner 208
thence $ 45° 00° E 135.00 meters to corner 209
thence S 26° 00° EB 180,00 meters to corner 210
thence $ 48°00? W 230,00 meters to corner 211
thence $ 57°00’ E 150.00 meters to comer 212
thence $ 72°00" E 275.00 meters to comer 213
thence $ 65° 00" E 175.00 meters to comer 214
thence $ 08° 00" W 150.00 meters to corner 215
thence $37°00°E 225.00 meters to comer 216
thence S 38°00" E 275.00 meters to comer 217
thence $ 88° 00° E 271.30 meters to comer 218
thence $ 13°00°E 200.00 meters to corner 219
thence $ 05° 00° E 110.00 meters to corner 220
thence $21°00°E 420.00 meters. to comer 221
thence N 75° 00° E 300,00 meters to corner 222
thence N57°00°E 250.00 meters to corner 223
thence DUEE 250.00 meters to corner 224
thence $77° 00° E 550.00 meters to corner 225
thence § 83° 00" E 675.00 meters to comer 226
thence '$ 80° 00° E 900.00 meters to corner 227
thence $ 50° 00" W 520.00 meters to corner 228
thence $33°00°E 550.00 meters to corner 229
thence $ 23°00" E 550.00 meters to corner 230
thence $ 02° 00" W 320.00 meters to corner 231
thence $ 54°00" W 740.00 meters ‘to corner 232
thence $ 32° 00" W 500.00 meters to corner 233
thence $ 76°00" W 700,00 meters to corner 234
thence N 70° 00" W 500.00 meters to corner 1

Containing an approximate area of FIVE THOUSAND SEVEN HUNDRED
SEVENTY FIVE AND 70/100 (5,775.70) HECTARES, subject to actual ground survey.

The classified forestlands comprising Mayon Volcano Natural Park shall fall within
‘the classification of national park as provided under the 1987 Philippine Constitution.

SECTION 6. Jurisdiction over MVNP-

‘The overall authority and jurisdiction over the MVNP shall be exercised by the
MVNP-PAMB, with oversight by the DENR. This jurisdiction and authority shall be
exercised in harmony with the powers, rights and authorities of the Local Government Units
having territorial jurisdiction over MVNP. Provided however, that in the issues of protection
and conversation, the authority of the PAMB shall take precedence.

10


SECTION 7. MVNP Buffer Zone

‘The PAMB may identify and recommend the establishment of a buffer zone, in
consultation with the stakeholders.

‘The buffer zone shall be a component of the MVNP under the jurisdiction of the
PAMB. Specific management prescription and land use management options shall be
provided by the PAMB for the buffer zone. Such prescriptions and Land use options shall
be incorporated in the General management plan (GMP) and the LGU’s Comprehensive
Land Use Plans (CLUP) and corresponding ordinances be provided therein.

Article IT
MANAGEMENT AND INSTITUTIONAL MECHANISMS

SECTION 8. The MVNP - PAMB

‘There is hereby created a Protected Area Management Board (PAMB) which
shall be the sole policy making body of the MVNP and its buffer zones composed of the

following:

a. The DENR Regional Executive Director as Chairperson

b. The Governor of Albay as vice-chair and the Provincial Planning and
Development Officer as his alternate,

c. The municipal/City mayors of the municipality/city with territory within MVNP

d. The Barangay Captain with territory within MVNP.

¢. At least seven (7) representatives, from non-government organizations/people’s
organizations/community based organizations involve in the PA protection and
conservation initiatives in their areas of operations.

£ One (1) representative from each departments or national government agencies
involved in protected area management, specifically the DA, DAR, DOT, DPWH
DOST and the Academe.

g. For continuity of business and proper representation of the entity member in the
PAMB, a permanent alternate shall be appointed by each entity member in case
the principal representative is not available.

The management and administration of MVNP shall be vested with the MVNP
Protected Area Management Board. The Board, in addition to the powers and functions
as enumerated in the NIPAS Act of 1992, shall include:

a. authority to impose and collect resource user’s fees and provide for its
disposition;

b. designate collecting officers for funds generated for the MVNP and
formulate procedures for the management and disbursement thereof;


em focottaeed the sypuintmeat of all suff of tin Protected Aves fice
including the Protected Area Superintendent (PASu), to the DENR
Regional Executive Director (RED) based on internal selection criteria;

d. exact fines and fees for violations of this Act, guidelines, rules and
regulations within MVNP;

€. promulgate its procedural rules, which shall include discipline and
removal of its officers and members;

f£ provide the necessary mechanisms to ensure the harmonization,
complementation, consultation and participatory decision-making
processes among the various stakeholders;

g. as the sole authority, to enter into any contract or agreement concerning
the MVNP as maybe necessary to carry out the purposes of this Act; and

h. perform such other functions necessary for the fulfillment of the
provisions of this Act and all other applicable laws, rules and regulations.

The MVNP-PAMB shall coordinate with the DENR regarding confiscation of
materials or resources from the MVNP, which shall be disposed of in accordance with the
guidelines of the DENR. A report on this subject shall be regularly rendered by the
concerned officer of the DENR and the PASu to the MVNP-PAMB. The proceeds of the
disposition of these materials or resources shall accrue to the MVNP-PAMB Trust Fund.

SECTION 9. Term of Office of MVNP-PAMB members

‘The Secretary of the DENR shall appoint the members of the MVNP-PAMB.
Except for Local Government Official-representative to the PAMB whose term of office
shall be co-terminus with their elected term of office in the PAMB, the member shall
serve for a term of five (5) years; Provided that, be/she remains connected with the sector
he/she represents.

The MVNP-PAMB shall issue the necessary guidelines for the selection and
qualification of its members, and replacement process in case a vacancy occurs.

SECTION 10. Incentives for MVYNP-PAMB Members

In addition to actual and necessary traveling and subsistence allowance incurred
in the performance of their duties, the PAMB members may be granted honoraria and
other benefits in attending PAMB or other committee meetings. These expenses may be
included in the appropriation of the MVNP Trust Fund.


SECTION 11. The MVNP - Protected Area Office (MVNP-PAO)

‘There shall be an MVNP-PAO, to be headed by Protected Area Superintendent
(PASu) who shall serve as the Chief Operating Officer of the park. The DENR shall
create necessary positions for the Protected Area Office Staff.

The PASu shall have full responsibility for the protection of land, water, wildlife
and other resources within MVNP. As such, he shall have the following duties and
responsibilities in addition to those under existing laws and regulations:

‘a. Prepare the management plan and its successor plans as herein provided

b. Serve as a secretariat to the Protected Area Management Board (PAMB) with the
duty to provide the PAMB with all the information necessary to make appropriate
decisions for the implementation of this Act.

c. Recommend the hiring of the necessary personnel to support the operations of
Mayon Voleano Natural Park (MVNP) subject to the availability of funds.

d. Develop and implement park information, education and visitor programs.

e. Enforce the laws, rules and regulations and PAMB resolutions relevant to the
protected area and its buffer zones, and assist in the prosecution of offenses.

f. Monitor all the activities within the MVNP and its buffer zones in conformity
with the plan, and

g. Perform such other functions as the PAMB may assign.

The PASu shall be directly accountable to the PAMB and the RED. He/she shall
however, provide necessary coordinative mechanisms to the CENRO and PENRO.

SECTION 12. The General Management Plan (GMP).

There shall be a MVNP General Management Plan. The GMP shall articulate the
over-all strategic direction for the protection and management of the MVNP. It shall also
include all site-specific management strategies and activity targets for all management
zones and for other sectoral concerns of the MVNP. The GMP shall be prepared by the
MVNP-PAO in close collaboration with the PAMB and other stakeholders of MVNP.
The GMP shall cover a period of applicability for twenty-five (25) years, subject to
periodic review every five (5) years or as the need arises.

‘The GMP shall be reviewed and approved by the PAMB. The GMP shall also be
presented to all the Municipal/City LGUs within the MVNP and shall be indorsed by
them for implementation and integration in their specific CLUPs and MDPs. All other
stakeholders shall likewise be consulted in the process.

The GMP shall conform to all national environmental programs of the
government, and shall be affirmed by the DENR Secretary.


SECTION 13. The Role of Local Government Units

‘The Provincial Government of Albay and the Municipa/City LGUs in Albay with
stakes in Mayon Volcano Natural Park ate hereby recognized as key partners in the
protection and management of the MVNP. As such, they shall participate in the
management of the MVNP through the MVNP-PAMB. The provisions of this Act shall
be incorporated into the Municipal/City and Provincial plans as part of their
environmental concerns and shall ensure that local ordinances pertaining to environment
are consistent with this Act and the General Management Plan (GMP), as herein
provided.

The Local Government Units shall also allocate not less than 3% of their local
development fund to finance conservation and development projects/activities in the
MVNP protected area, within the framework of the GMP and approved by the PAMB.

SECTION 14, The Role of the DENR.

The DENR shall provide the necessary coordinative and support umbrella in the
management and protection of MVNP. With this, the DENR shall:

initiate the institutionalization of MVNP-PAO;

institute the capacity development process of the MVNP-PAMB

provide personnel and funds for services and operations of the MVNP-PAO
provide physical resource support to MVNP-PAO; and

provide additional technical support, as may be required.

epege

The DENR, through the RED of Region V, shall ensure that the PAMB acts
within the scope of its powers and functions.

SECTION 15. Fund Management

The MVNP-PAMB shall have the sole power to decide on the use of all revenues,
grants, endowments, donations and other income pertaining to MVNP. The fund shall be
for the purpose of financing and sustaining projects and activities in the MVNP to attain
the objectives of this Act.

Funds generated from the following sources shall be retained 100% by the
MVNP-PAMB and shall be known as the MVNP-PAMB Trust Fund.

a. Fees/contributions from facilities, institutions directly benefiting from the
protected area (sewerage systems, telecommunications);

b. Fines from industries/facilities operation inside the protected area;

¢. Contributions donations, endowments and grants from any source;

d. Water resource use

€. Other revenues as may be derived from the operation of the protected area;

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££ Proceeds from the confiscation, disposition of confiscated products of resources
from the MVNP; and
g. Administrative fines, penaltics arising from the disposition imposed by the Act.

However, the funds derived from the following sources shall be remitted to the
IPAF, pursuant to the fund-sharing guidelines under RA 7586;

a. Fees from permitted sale of flora, fauna and other resources;

b. Proceeds from lease of multiple use or special use areas including tourism
concessions; and rents of facilities in recreation areas; and

c. Entrance fees

In the implementation of project and activities as a consequence of these fund
sources, preferential and priority attention shall be given to areas where actual extraction
of resources has taken place.

Article I
UTILIZATION OF RESOURCES

SECTION 16. Resource Use

No person or entity shall enter, enjoy or utilize any portion of the MVNP and the
resources therein for whatever purpose without prior permission from the PAMB or the
MVNP-PASu as herein provided. Tenured migrants if there is any may be allowed to
cultivate, harvest and utilize resources in their designated multiple use zone, buffer zones
and in other allowable zones as may be indicated in the GMP.

Bio-prospecting and other biodiversity-related researches shall be allowed only to
PAMB-accredited research institutions. Stricter procedures in the conduct of such
academic and commercial research activities shall be issued by the PAMB within six
months from the effectivity of this Act.

The derivation and utilization of resources within the MVNP shall be governed by
‘the MVNP-GMP and shall be allowed only for the purpose of maintaining the ecological
balance and integrity of the MVNP.

SECTION 17. Utilization Permits and User’s Fees.

‘The PAMB shall have the exclusive power to issue permits and impose conditions
thereon, or impose and collect fees for the derivation and utilization of the resources
within the MVNP; provide, however, that the PAMB may delegate to the PASu the
authority to issue permits and to collect fees for temporary access to the MVNP, such as
passage and visiting, subject to the limits as may be provided by the PAMB; provided,
however, that entry into the MVNP for emergency reasons shall not be subject to the
entrance or user’s fees.


SECTION 18. Water User’s Fees.

A water user's fee shall be collected from any water user where water is used for
any of the following purposes: domestic use, industria/commercial use, irrigation,
recreation, or power generation in an amount which the MVNP-PAMB may determine
after due consultation with the LGUs within the MVNP.

The MVNP-PAMB shall formulate the necessary rules and regulations for the
effective implementation of this section.

SECTION 19. Energy and Non-renewable Resources

‘Any exploration, exploitation or utilization of non-renewable resources, such as
minerals and fossil fuel such as oil, coal and natural gas within MVNP shall not be
allowed. Energy projects shall be allowed only through an Act of Congress, except from
sun and wind sources.

SECTION 20. Environmental Impact Assessment

Any development activity within the MVNP, being Environmentally Critical Area
(ECA) shall be required to undergo the Environmental Impact Assessment (EIA) system
pursuant to PD 1586. The PAMB shall determine the developmental activities that would
require ECC in consultation with the concemed agency.

Article IV
TENURED MIGRANTS

SECTION 21. The Rights of the Tenured Migrants

The rights of the Tenured Migrants if there be any shall covered by an appropriate
‘tenurial instruments issued by the DENR. Such tenurial instrument shall be issued to
organized tenured migrant communities.

Article V
PROHIBITED ACTS AND PENALTIES

SECTION 22. The following are the prohibited acts and their corresponding
penalties.

1, Hunting, Collecting, Catching, Gathering, Capturing, Wounding, Killing,
Destroying or possessing anywhere within the MVNP or its Buffer Zones
any species of plants and animals or their by-product or derivatives, or
transporting of these plants and animal species without prior approval of
the PAMB. The offender shall be penalized with a fine of not less than
Five Thousand (Php. 5,000.00) Pesos but not more than Five Hundred
Thousand (PHP. 500,000.00) Pesos and imprisonment of not less than six


(6) years and one (1) day, but not more than twelve (12) years and
forfeiture of all resources, equipment and conveyances used for violating
this Section, The PAMB shall also impose an administrative fine based on
the market value of the resources, plus ten times the market value of the
resources as environmental damages, and forfeiture of all resources,
equipment and conveyances used for violating this Section.

. Bio-prospecting without obtaining prior PAMB clearance and FPIC, and
the appropriate DENR permit. Penalty shall be six (6) months and one (1)
day to six (6) years of imprisonment, and fine of Two Hundred Thousand
(Php. 200,000.00) Pesos to One Million (Php. 1,000,000.00) Pesos and
forfeiture of the resources subject of the offense, together with the
equipment and conveyance used. The PAMB shall also impose an
administrative fine of Five Hundred Thousand (Php. 500,000.00) Pesos to
Two Million (Php. 2,000,000.00) Pesos and forfeiture of all resources,
‘equipment and conveyances used for violating this Section. Violation of
the terms and conditions of any existing permits granted to institutions or
individuals shall constitute the commission of this offense, In addition to
the penalties herein provided, any permits granted to the offender shall be
automatically cancelled,

. Acts of Vandalism, such as mutilating, transporting, destroying,
excavating or in any manner damaging any natural formation or object of
natural beauty inside the MVNP. This shall also include the removal,
destruction and alteration of boundary markers and signs. Fine of not less
than Twenty Five Thousand (Php. 25,000.00) but not more than Five
Hundred Thousand (Php. 500,000.00) Pesos, and/or imprisonment of not
less than six (6) months and one (1) day but not more than six (6) years
and the restoration and rehabilitation of the damaged area, The PAMB
shall also separately impose on the offender, a fine equivalent to the value
of rehabilitating or restoring the damaged area.

. Burning, Clearing, kaingin within the MVNP or its Buffer Zones. Judicial
fine of not less than ten times the value of the burned or cleared areas and
imprisonment of one (1) year and one (1) day but not more than Six (6)
years, The PAMB shall also separately impose on the offender, an
administrative fine equivalent to the value of rehabilitating or restoring the
damaged area.

. The unreasonable Disturbance of Wildlife and other Habitats,
Reproductive Cycles, Roosting and Feeding Grounds and Migratory Paths,
Judicial fines and penalties shall be in accordance with the provision of
Wildlife Act. The PAMB shall also impose an administrative fine of not
less than Ten Thousand (Php. 10,000.00) Pesos but not more than Fifty
Thousand (Php. 50,000.00) Pesos.


. Exploration, Exploitation or Extracting, Drilling, or prospecting for

‘mineral resources, treasure hunting, or quarrying within the MVNP or its
Buffer Zones. Judicial fine of not less than Five Hundred Thousand
(Php.500, 000.00) Pesos, but not more than Five Million (Php.
5,000,000.00) and/or imprisonment of not less than six (6) months and one
(@) day but not more than Six (6) years, and the restoration and
rehabilitation of the damaged area, together with the confiscation of
equipment, tools, vehicles and resources. The PAMB shall also separately
impose on the offender, a fine equivalent to the value of rehabilitating or
restoring the damaged area.

1. Possession or use of chainsaw, power saw and other motorized equipment

anywhere within the MVNP or its buffer zones without prior permit from
the PAMB. Imprisonment of six (6) years and one (1) day to eight (8)
‘years or a fine of thirty thousand (Php.30, 000.00) Pesos to Fifty (Php.50,
1000.00) Pesos shall be imposed to the offender in violation of this Section.
The PAMB shall also confiscate the Chainsaw, power saw or other
motorized equipment.

Introduction of Exotic Species within MVNP. Fine of not less than Five
(Php.5, 000,00) Pesos, but not more than Five Hundred Thousand
(Pbp.500, 000.00) Pesos and/or imprisonment of not less than six (6)
months and one (1) day but not more than six (6) years. The PAMB shall
also confiscate the exotic species of fiuna and flora. Should the court or
the PAMB determine that these species are detrimental to the integrity of
MVNP, they shall order the appropriate disposition of the same.

Construction or maintaining any kind of road, edifice, or any kind of
enclosure, structure, or any infrastructure projects, or operating
business enterprise, within MVNP without prior permit from the PAMB,
Fine of not less than Five Hundred Thousand (Php.500, 000.00) Pesos,
but not more than Five Million (Php. 5,000,000.00) and/or imprisonment
of not less than six (6) months and one (1) day but not more than Six (6)
years, and demolition of the improvements which may be detrimental to
the integrity of the MVNP shall be imposed. The court shall forfeit in
favor of the PAMB all improvements, equipments and conveyances used
in violation of this Section.

|. Unauthorized entry except in emergency situations. The PAMB shall

impose an administrative fine of One thousand (Php.1, 000.00) pesos to
thirty thousand (Php.30, 000.00) pesos as herein provided.

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11. Unauthorized occupation or cultivation of areas without PAMB permit.
‘The PAMB shall impose an administrative fine of ten thousand (Php.10,
000,00) Pesos to Seven hundred thousand (Php.700, 000.00) pesos
together with the forfeiture of all improvements, which may be
detrimental to the integrity of the MVNP.

12, Dumping of Waste and littering within MVNP and its buffer Zones.
Dumping of waste shall be punishable by imprisonment of six (6) months
and one (1) day but not more than six (6) years and a fine of five thousand
(Php.5, 000.00) to two hundred fifty thousand (Php.250, 000.00) pesos.
The violator shall also order to clean up the waste and pay for the clean up
thereof.

13. For violation of any rules and regulations provided in the GMP or any
resolutions approved by the PAMB, an administrative fine of not less than
five thousand (Php.5, 000.00) pesos but not more than fifty thousand
(Php.50, 000.00) pesos shall be imposed.

In all the above-mentioned provisions, should the offender be an association or
corporation, the officers shall be directly responsible for the act of the employees and
shall suffer the corresponding fines and penalties as herein provided. In case the offender
is not a citizen of the Philippines, he or she shall be immediately deported to his or her
country of origin after serving his sentence and upon payment of all criminal and
administrative fines. For cases involving foreigners, no plea-bargaining shall be allowed
without the concurrence of the PAMB, the DENR and any such person who have
initiated the filing of the case as complainant.

SECTION 23. Rules and Regulations.

‘The PAMB shall promulgate within three (3) months from the passage of this Act,
the appropriate rules and regulations.

SECTION 24. Fines and Forfeitures
All criminal fines and forfeitures that may be imposed by the Courts, and the

administrative fines and forfeitures that may be imposed by the PAMB under this Act,
shall be given to the PAMB and shall form part of the funds and assets of the MVNP.


Article VI
LAW ENFORCEMENT AND PROSECUTION

SECTION 25. Law Enforcement.

‘The DENR shall implement the provisions of this law and has the power to call
upon other agencies for assistance.

‘The DENR upon the recommendation of the PAMB shall deputize any group or
persons in writing to enforce the provisions of this Act. Such deputation shall be in
writing and signed by the DENR Secretary or the RED to be valid and effective.

SECTION 26. Inspection Powers,

The PASu and Law enforcers shall have the power to stop, board, search and
inspect all vehicles and conveyances within MVNP for the purpose of enforcing the
provisions of this Act, other laws, rules and regulations.

‘The PAMB, PASu and other authorized law enforcers may enter premises or
areas subject of a lease, permit or concession from the PAMB or DENR for monitoring of
compliance with environmental laws, rules and regulations. Any hindrance made to these
inspections shall be considered a violation of these rules and shall subject the offender to
the immediate closure of his enterprise pending full inspection as may be warranted.

SECTION 27. Special Prosecutors and Counsels.

‘The department of Justice, upon recommendation of the PAMB shall designate
special prosecutor, either or both from among state and public prosecutors to do the
preliminary investigation and prosecute violations of this Act, other laws, rules and
regulations within the MVNP. Such special prosecutor shall coordinate with PAMB,
PASu and Staff of MVNP-PAO in the performance of his/her duties and assist in the
training of Forest Rangers in arrest and criminal procedures. The PAMB shall
periodically submit an evaluation of the performance of the designated special prosecutor
to the DOJ.

The PAMB may retain the services of a competent lawyer to prosecute and/or
assist in the prosecution of cases under the direct control or supervision of the special
prosecutor and to defend the members of the PAMB, PASu, Staff of the MVNP-PAO, or
persons assisting in the protection, conservation and development of the MVNP, against
any legal action related to the powers, fiunctions and responsibilities as provided in this
‘Act. Or as delegated or tasked by the PAMB.

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Section 28. Citizen Suit

For purposes of enforcing the provision of this Act or its implementing rules and
regulations, any citizen may file an appropriate civil, criminal or administrative action in
the proper couris/bodies against:

a. Any person who violates or fail to comply with the provision of this Act its
implementing rules and regulations, or

b. Those mandated to implement and enforce the provisions of this Act with respect
to orders, rules and regulations issued inconsistent with this Act, and/or

c. Any public officer who willfully or grossly neglects the performance of an act
specifically enjoined as a duty by this Act or its implementing rules and
regulations, or abuses his authority in the performance of this duty or in any
manner improperly performs his duties under this Act or its implementing rules
and regulations, Provided, however, that no suit can be filed until after thirty (30)
days notice has been given to the public officer and the alleged violator concerned
and no appropriate action has been taken thereon.

‘The Court shall exempt such action from the payment of filing fees, and
statements, likewise, upon prima facie showing of the non-enforcement or violation
complained of exempt the plaintiff from filing an injunction bond for the issuance of
preliminary injunctions,

In the event that the citizen’s suit should prevail, the court shall award reasonable
attorney’s fees, moral damages and litigation costs to the plaintiff.

SECTION 29. Suits and Strategic Legal Action against Public Participation
(SLAPP) and the Enforcement of this Act.

Where a suit is brought against a person who filed an action as provided in
Section 27 and 28 of this Act, or against any person, institution or government agency
implementing this Act, it shall be the duty of the investigating prosecutor or the Court, as
the case maybe, to make a determination within a period of (30) days whether said legal
action has been filed to harass, vex, exert undue pressure or stifle such legal resource of
the person complained of in enforcing the provisions of this Act. Upon determination
thereof, evidence warranting the same, the investigating prosecutor or the Court, as the
case may be, shall dismiss the complaint.

In addition, the person who has brought the suit to harass, vex, exert undue

Pressure or stifle such legal recourse shall be liable for the payment of attorney’s fees and
damages in favor of the respondent.

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This provision shall apply and benefit public officers who are sued for acts
committed in their official capacity, there being no grave abuse of authority, and done in
the course of enforcing this Act.

Article VII
TRANSITORY PROVISIONS

SECTION 30. Selection and Appointment of the New MVNP-PAMB Members-
Representatives

The MVNP-PAMB existing and functioning as such prior to the effectivity of this
Act (otherwise known as the “Proclamation PAMB”), shall continue to dispose of its
powers and functions until the regular Mayon Volcano Natural Park Management Board
(“MVNPMB”) has been constituted in accordance with the provisions of this Act.

Within one (1) month from the effectivity of this Act, the existing MVNP-PAMB
shall draw up the guidelines, in consultation with the agencies and sectors to be
represented in the MVNPMB, for the selection of its representatives.

Within three (3) months from the effectivity of this Act, the members of the
MVNPMB which shall be constituted in accordance with this Act, and shall have been
appointed by the Secretary of the DENR.

SECTION 31. Continuation of the MVNP-Protected Area Office.

The present PAO shall continue to exist and function as such, subject to
institutionalization in accordance with Section 11 hereof. Within three (3) months after
the appointment of all its members, the MVNPMB, upon recommendation of the PAO,
shall finalize an institutionalization plan for the PAO, and the criteria for selection of
personnel to fill-up the items. Within two (2) months thereafter, a PASu shall be
recommended by the MVNPMB and appointed by the RED.

Section 32. Continuation of all other Arrangements.
Except when otherwise provided by this Act, all arrangements, commitments and

agreements prior to the effectivity of this Act shall continue to subsist until validity
amended, revised, repealed or renewed or upon end of its term,


Article VII
GENERAL PROVISIONS

SECTION 33. Allocation.

For the purpose of this Act, there is hereby appropriated the amount of Twenty Million
(Php.20,000,000.00) pesos every year for the first five (5) years from the effectivity of this Act.
After the said five years, the internally generated revenues from the MVNP shall support the
operations for the MVNP, without prejudice to any additional appropriation in the General
Appropriations Act, as Congress may deem appropriate.

‘The Budget of the MVNP-PAMB and the MVNP-PAO shall be included in the budget of

the DENR beginning the fiscal year immediately following the effectivity of this Act until such
time that the revenues derived from the MVNP shall have been sufficient to cover the same.

SECTION 34, Construction and Suppletory Application of Existing Laws.

The provision of this Act shall be construed liberally in favor of achieving biodiversity
conservation, protection and sustainable development. Provisions of Republic Act No. 7586,
otherwise known as the National Integrated Protected Areas System Act of 1992, existing

forestry and environmental laws, and their corresponding rules and regulations not inconsistent
hereto shall have suppletory effect in the implementation of this Act.

SECTION 35. Separability Clause.

If any part or section of this Act is declared unconstitutional or otherwise invalid, such
declaration shall not affect the other parts or section hereof.

SECTION 36. Repealing Clause.

All laws, presidential decrees, executive orders, rules and regulations inconsistent with
this Act shall be deemed repealed or modified accordingly.

SECTION 37, Effectivity Clause.

This Act shall take effect immediately after its complete publication in a newspaper of
general circulation.

APPROVED

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